County Court Rules (Northern Ireland) 1981

• (2) Where the Secretary of State becomes entitled to costs under this rule such costs shall be paid to him out of the money paid into court before any payment out of the said money is made to the appellant.

Payment into court not to be communicated to [ the judge]

5

Where money has been paid into court in accordance with this Order that fact shall not be communicated to [⁴³⁴ the judge] before the determination of the appeal.

Form of order where notice of acceptance not served

6

Where money has been paid into court by the Secretary of’ State and the appellant does not serve notice of acceptance in accordance with Rule 3(7), an order made on the appeal shall be in one of Forms 328, 338, 339, 353, 354, 355, 385 or 386 as appropriate.

Lodgment and payment out

7

All monies paid into the Criminal Injuries Account in the County Court Bank to be paid out under this Order shall be paid out by cheque signed by the chief clerk and drawn on the said account.

Applications to the court for an order directing offender to reimburse to the Secretary of State whole or part of compensation paid under the 1977 Order or the 1988 Order

8

• (1) An application by the Secretary of State for an order of reimbursement under Article 16 of the 1977 Order or Article 17 of the 1988 Order may be made by notice in Form 340 or 364 as appropriate at any time after the conviction of the offender ....

• (2) Except as provided by paragraph (4), such notice shall be served on the offender and a copy on the chief clerk not less than 15 days before the day appointed for the commencement of the sitting at which the application is to be heard.

• (3) Upon receipt of such copy the chief clerk shall enter the application for hearing.

• (4) Where on appeal to a county court an offender’s conviction of an offence to which a criminal injury or criminal damage to property is directly attributable is affirmed, an application under Article 16(1) of the 1977 Order or Article 17(1) of the 1988 Order for the reimbursement of compensation may be made by the Secretary of State at the time of its affirmation, by furnishing the offender forthwith with a copy of the application made to the court.

• (5) An order for reimbursement under Article 16(1) of the 1977 Order shall be in Form 341 and an order for reimbursement under Article 17(1) of the 1988 Order shall be in Form 365.

Applications to vary orders for reimbursement

9

• (1) An application under Article 16(4) of the 1977 Order or Article 17(4) of the 1988 Order by the Secretary of State or by an offender for the variation of an order for reimbursement shall be in Form 342 or 366 as appropriate and such application shall be served on the respondent and a copy served on the chief clerk within the same period as is specified in Rule 8(2) and shall be entered for hearing in the same manner as is provided by Rule 8(3).

• (2) An order under Article 16(4) of the 1977 Order or Article 17(4) of the 1988 Order shall be in Form 343 or 367 as appropriate.

Applications to the court for an order requiring victim to reimburse to the Secretary of State whole or part of compensation

10

• (1) An application by the Secretary of State for an order of reimbursement under Article 17(4) of the 1977 Order or Article 18(4) of the 1988 Order may be made by notice in Form 340 or 371 as appropriate ....

• (2) Such notice shall be served on the person to whom the compensation has been paid and a copy on the chief clerk not less than 15 days before the day appointed for the commencement of the sitting at which the application is to be heard.

• (3) Upon receipt of such copy the chief clerk shall enter the application for hearing.

• (4) An order for reimbursement under Article 17(4) of the 1977 Order or Article 18(4) of the 1988 Order shall be in Form 341 or 372 as appropriate.

Application of Order 28 to payment into court under Article 12(3) or 14(1)(ii) of the 1977 Order

11

The provisions of Order 28 (Payment into court by Trustees) shall apply to payment into court under Article 12(3) or Article 14(1)(ii) of the 1977 Order with the following modifications—

• (a) in Rule 1(1) the reference to section 63 of the Trustee Act (Northern Ireland) 1958⁴³⁵ shall be construed as a reference to Article 12(3) or Article 14(1)(ii) of the 1977 Order and Form 132 (Affidavit on Payment into Court under section 63 of the Trustee Act (Northern Ireland) 1958) may be modified as may be necessary;

• (b) in Rule 1(5) for the reference to Form 133 there shall be substituted a reference to Form 344; and

• (c) in Rule 1(6) for the reference to Form 134 there shall be substituted a reference to Form 345.

Application of Order 28 to payment into court under Article 21(1) of the 1988 Order

12

The provisions of Order 28 (Payment into court by Trustees) shall apply to payment into court under Article 21(1) of the 1988 Order with the following modifications—

• (a) in Rule 1(1) the reference to section 63 of the Trustee Act (Northern Ireland) 1958⁴³⁵ shall be construed as a reference to the said Article 21(1) and Form 132 (Affidavit on Payment into Court under section 63 of the Trustee Act (Northern Ireland) 1958) may be modified as may be necessary;

• (b) in Rule 1(5) for the reference to Form 133 there shall be substituted a reference to form 368; and

• (c) in Rule 1(6) for the reference to Form 134 there shall be substituted a reference to Form 369.

Application of Order 28 to payment into court by Secretary of State in respect of a claim under the 1991 Act

13

• (1) Where compensation is payable under an award by the county court on appeal under section 63(4) of the 1991 Act by the respondent under section 63 of the 1991 Act and—

• (i) the respondent receives notice that by virtue of any assignment or operation of law the rights of the appellant have passed to another person;

• (ii) the appellant is under a disability or out of the United Kingdom; or

• (iii) the address of the person entitled to compensation cannot be ascertained without undue expense or delay,

the respondent may pay the compensation into court.

• (2) The provisions of Order 28 shall apply to payment into court under paragraph (1) with the following modifications—

• (a) in Rule 1(1) the reference to section 63 of the Trustee Act (Northern Ireland) 1958⁴³⁶ shall be construed as a reference to paragraph (1) and Form 132 (affidavit on payment into court under section 63 of the Trustee Act (Northern Ireland) 1958) may be modified as necessary;

• (b) in Rule 1(5) for the reference to Form 133 there shall be substituted a reference to Form 387; and

• (c) in Rule 1(6) for the reference to Form 134 there shall be substituted a reference to Form 388.

Notice of evidence in appeals under the 1988 Order

14

• (1) Notice specifying any new matter in respect of which the appellant is to adduce evidence in accordance with Article 16(4)(b) of the 1988 Order shall be in Form 370 and shall be served on the Secretary of State not less than 7 days before the day on which the appeal is to be heard.

• (2) Where the Secretary of State intends at the hearing of the appeal to adduce evidence of any matter relevant to Article 5(9) or Article 6(1)(b) of the 1988 Order, such evidence shall not be admitted at the hearing of the appeal unless—

• (a) the Secretary of State, not less than 7 days before the day on which the appeal is to be heard, serves on the appellant written notice specifying particulars of that evidence, including a list of any convictions which he intends to adduce in evidence; or

• (b) the appellant consents to that evidence being adduced; or

• (c) the court gives leave for that evidence to be adduced.

Provided that where the Secretary of State fails to comply with the requirements of sub-paragraph (a) [⁴³⁷ the judge] may adjourn the appeal in order to allow the required notice to be served on the appellant and any costs occasioned by any such adjournment shall be in the discretion of [⁴³⁷ the judge].

Applications under Article 14 of the 1988 Order

15

• (1) Order 44 shall apply to compensation awarded under the 1988 Order as if the amount determined as payable to the person under a disability by the Secretary of State had been damages agreed to be paid in proceedings in the county court.

• (2) An application under Article 14 of the 1988 Order shall be made to the court by which an appeal would have been beard under Rule 2(3)(b) had there been an appeal against the determination.

• (3) Notice of application under Article 14 of the 1988 Order shall be in Form 356 and shall—

• (a) be served on the Secretary of State; and

• (b) be lodged in the office of the chief clerk duly endorsed as to service together with any certificate of posting.

• (4) An order approving a determination by the Secretary of State under Article 14(2)(a) of the 1988 Order shall be in Form 357 and an order under Article 14(2)(b) of the 1988 Order shall be in Form 358.

Applications under Article 16(6) or Article 15 of the 1988 Order

16

• (1) The provisions of Rule 1 of Order 14 with any necessary modifications shall apply to an application under Article 16(6) of the 1988 Order (applications to extend time for making or serving any report, notice or application referred to in Article 5(4), 5(5)(a) or 11(1)) or under Article 15 of the 1988 Order (applications for declaration as to delay in determining compensation) as if it were an interlocutory application in the course of an action or matter.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Notice of an application under Article 16(6) of the 1988 Order shall be in Form 359.

• (4) An order made on an application under Article 16(6) of the 1988 Order shall be endorsed on the notice and an order dismissing the application shall be in Form 360.

• (5) Notice of an application under Article 15 of the 1988 Order shall be in Form 361 and a declaration under that Article shall be in Form 362 and endorsed on the notice.

• (6) An order dismissing an application for a declaration under Article 15 of the 1988 Order shall be in Form 363.

• (7) A notice of application to which this rule applies shall be lodged in the office of the chief clerk and a copy thereof shall be served on the solicitor for the Secretary of State.

• (8) The notice lodged in the office shall be duly endorsed as to service and accompanied by any certificate of posting.]

ORDER 55 — Costs

Decrees to carry costs

1

A decree granted by a county court shall, except as otherwise provided by any statute or rule, carry such costs as are provided by this Order.

Scales of costs

2

• (1) Subject to Rule 7(2), in all actions, suits and matters and other proceedings [⁴³⁸ . . .] there shall be payable—

• (a) to counsel and solicitors, costs according to the scales set out in Appendix 2 and subject to the provisions hereinafter in this Order specified;

• (b) to or in respect of witnesses, fees and expenses subject to the provisions hereinafter in rule 6 specified.

• (1A) ⁴³⁹The costs awarded to solicitors and counsel in an appeal—

• (a) under Article 15 of the 1977 Order shall be in accordance with Table 3 of Part VII of Appendix 2;

• (b) under Article 16 of the 1988 Order shall be in accordance with Table 4 of Part VII of Appendix 2; and

• (c) under section 28(5) of the 1978 Act or section 63(4) of the 1991 Act shall be in accordance with Table 5 of Part VII of Appendix 2.]

[⁴³⁸ . . .]

[ Enhanced costs where solicitor conducts trial or hearing

2A

• (1) Where a solicitor conducts a trial or hearing without counsel he shall be entitled to an enhancement of his costs in addition to the scale costs set out in Appendix 2.

• (2) The amount of any enhancement under this rule shall be 50 per cent of the scale fee in Appendix 2 to which counsel, if conducting the trial or hearing, would have been entitled.]

Party and party costs

3

• (1) The above-mentioned costs, fees and expenses together with all court and service fees shall be payable between party and party.

• (2) Where in any proceedings a decree is given for the plaintiff against one or more but not all the defendants, [⁴⁴¹ the judge or district judge as the case may be] may in his discretion either—

• (a) order the unsuccessful defendant or defendants to pay the costs of the successful defendant or defendants; or

• (b) order the plaintiff to pay the costs of the successful defendant or defendants and add those costs to the costs which the unsuccessful defendant is ordered to pay to the plaintiff;

and an order under sub-paragraph (b) shall be in Form 263.

[ Value added tax

4

In addition to the costs, fees and expenses referred to in rule 2 a successful party may, as between party and party, recover a sum equivalent to the value added tax at the appropriate rate on so much of the amount of those costs, fees and expenses as were incurred in respect of any taxable supply of goods or services within the meaning of the Value Added Tax Act 1983⁴⁴³; but only insofar as the tax is not deductible as input tax by the successful party.]

[ Solicitor and client costs

5

As between solicitor and client a solicitor shall be entitled to make such reasonable charges as are appropriate to work in the county court and in relation to remitted actions to work in both the High Court and county court having regard to the nature and importance of the case to his client, the time spent, and the amount of money of the property involved, after giving credit to the client for any party and party costs actually received by the solicitor. In preparing his bill the solicitor shall take into account the relevant county court scales, both on amount awarded and on amount claimed, having regard to the degree of responsibility necessarily assumed by him in the interest of his client.]

[ Taxation of costs pursuant to an order under Part V of the Solicitors (Northern Ireland) Order 1976

5A

• (1) Where the court or [⁴⁴⁶ district judge] has made an order for taxation under Part V of the Solicitors (Northern Ireland) Order 1976 the solicitor whose bill of costs, or who was a party to the contentious business agreement to which the order relates shall within two months of the service of the order lodge in the Office:–

• (a) a copy of the order;

• (b) his bill of costs or the contentious business agreement as the case may be, together with copies for service;

• (c) all necessary papers and vouchers.

• (2) On receipt of the documents mentioned in paragraph (1) the chief clerk shall send a copy of the bill or agreement as the case may be to any other party entitled to be heard on the taxation and shall give to all parties not less than 14 days notice in Form 321 of the day and time fixed for the taxation.

• (3) The [⁴⁴⁶ district judge] shall tax the costs payable under the bill or agreement and at the conclusion of the taxation proceedings shall issue a certificate in Form 322 of the costs allowed by him.

• (4) In this rule “other party entitled to be heard on the taxation” means—

• (a) a person who was a party to the contentious business agreement or to whom the bill of costs was addressed;

• (b) a person, or the representative of a person, liable to pay or whose property will be chargeable with the amount due on taxation.

5B

• (1) Any party to a taxation under Rule 5A who is dissatisfied with the decision of the [⁴⁴⁷ district judge] may within 14 days after the taxation request the [⁴⁴⁷ district judge] to review his decision.

• (2) A request under paragraph (1) shall be made in writing specifying the item or items objected to and the nature and grounds of the objection and the party making the request shall serve a copy on each other party to the taxation.

• (3) On the making of a request under paragraph (1) the [⁴⁴⁷ district judge] shall review his decision as to the item or items objected to and shall notify each party of his decision on the review and of his reasons for it.

• (4) Any party who is dissatisfied with the [⁴⁴⁷ district judge’s] decision on the review may within 14 days apply to [⁴⁴⁸ the judge] to review the taxation as to the item or items to which the decision relates.

• (5) An application for a review under paragraph (4) shall be made on notice stating the nature and grounds of the applicant’s objection to the district judge’s decision.

• (6) Unless [⁴⁴⁸ the judge] otherwise directs, no further evidence shall be received on the hearing of an application under paragraph (4), and no ground of objection shall be raised which has not been raised in the applicant’s notice.

• (7) On an application under this rule [⁴⁴⁸ the judge] may make such order as the circumstances require and in particular may order the [⁴⁴⁷ district judge’s] certificate of the taxation to be amended or, except where the dispute as to the item under review is as to amount only, order the item to be remitted to the [⁴⁴⁷ district judge] for re-taxation.]

Witnesses’ fees and expenses

6

Without prejudice to any discretion exercisable by the Taxing Master of the Court of Judicature under the Solicitors (Northern Ireland) Order 1976⁴⁴⁹ there may be allowed to or in respect of witnesses such fees and expenses as [⁴⁴⁸ the judge or district judge as the case may be] shall in his discretion think just.

Exercise of discretion in respect of costs

7

• (1) In any suit or proceedings for which no scale of costs is prescribed, the amount of costs shall be in the discretion of [⁴⁴⁸ the judge or district judge as the case may be].

• (2) Where, in any suit or proceedings for which a scale of costs is prescribed, [⁴⁴⁸ the judge or district judge as the case may be] is satisfied that any party has unreasonably and for the primary purpose of increasing his costs included in his claim an amount in respect of any undisputed loss or damage, [⁴⁴⁸ the judge or district judge as the case may be] may reduce the amount of costs payable to that party by such amount as he shall think fit.

• (3) ⁴⁵⁰The costs awarded on any application under Article 14 of the 1988 Order shall be in the discretion of [⁴⁴⁸ the judge or district judge as the case may be].

• (4) The costs awarded on an application under—

• (a) Article 7(3), 8(1), 16(1) or 16(4) of the 1977 Order;

• (b) Article 15, 16(6), 17 or 18(4) of the 1988 Order;

• (c) section 28(4) of the 1978 Act or section 63(3) of the 1991 Act,

shall be in the discretion of [⁴⁵¹ the judge or district judge as the case may be] both as to incidence and amount.

• (5) In this Order—

• “the 1977 Order” means the Criminal Damage (Compensation) (Northern Ireland) Order 1977⁴⁵²;

• “the 1978 Act” means the Northern Ireland (Emergency Provisions) Act 1978⁴⁵³;

• “the 1988 Order” means the Criminal Injuries (Compensation) (Northern Ireland) Order 1988⁴⁵⁴;

• “the 1991 Act” means the Northern Ireland (Emergency Provisions) Act 1991⁴⁵⁵.];

Exercise of discretion in absence of party

8

Any discretion exercisable by [⁴⁵¹ the judges] as to the amount to be allowed for any fees or costs may be exercised notwithstanding that the party liable to pay such fees or costs is not present or represented.

Taxation of costs

9.

[⁴⁵⁶ . . .]

• (2) In taxing costs incurred in the High Court in any suit or action previous to the remittal thereof to the county court, or during the progress thereof, the [⁴⁵⁷ district judge] shall tax those costs when required by [⁴⁵¹ the judge] according to the costs and fees payable in the High Court, subject to revision by [⁴⁵¹ the judge].

• (3) In any taxation of costs, whenever items appear for disbursement, they shall be vouched in such manner as the taxing officer considers, proper, subject to the decision of [⁴⁵¹ the judge] appealed to.

• (4) With respect to any costs and allowances which are discretionary, the officer on taxation shall take into consideration the amount or value of the subject matter of the suit and the general nature and circumstances of the particular case as well as the work actually done.

• (5) In addition to the amount of costs allowed to a party on taxation in respect of the supply of goods or services on which value added tax is chargeable, there may be allowed as a disbursement a sum equivalent to value added tax at the appropriate rate on that amount in so far as the tax is not deductible as input tax by that party.

• (6) Where any party seeks to have the taxation of costs reviewed by [⁴⁵¹ the judge], he shall serve on the [⁴⁵⁷ district judge] notice of the items to which he objects.

Counterclaim

10

• (1) Where both claim and counterclaim are dismissed, as between party and party each decree shall carry costs on the scale of a defendant’s costs of a dismiss on the amount claimed. Provided that [⁴⁵¹ the judge or district judge as the case maybe] may direct that one decree, only shall issue for the difference, if any, between the costs of the parties, or if such costs are of the same amount that no decree shall issue.

• (2) Where both the claim and the counterclaim are established, then, subject to paragraph (3) hereof, as between party and party each decree shall carry costs on the scale appropriate to the amount decreed.

• (3) Where both the claim and the counterclaim are established and a balance is decreed in accordance with rule 8(1) of Order 25 then, in the absence of any special order by [⁴⁵⁸ the judge or district judge as the case may be] under paragraph (2) of such rule, the costs as between the parties shall be in accordance with the scale appropriate to such balance as decreed.

• (4) Where a plaintiff succeeds on his claim and a counterclaim against him is dismissed, or where a defendant succeeds on his counterclaim and the claim against him is dismissed, [⁴⁵⁸ the judge or district judge as the case may be] shall upon application at the hearing decide what proportion (if any) of the scale costs appropriate to a dismiss on the amount claimed in the unsuccessful suit shall be payable to the successful party by way of additional costs occasioned by the defence of the other party’s claim, and such costs (if any) shall be added to the scale costs on the amount decreed.

• (5) As between solicitor and client, subject to rule 5 of this Order, the solicitor shall be entitled to such additional costs as are appropriate to any additional work or responsibility occasioned by the prosecution or the defence of the counterclaim; but he shall not be entitled to additional costs on the counterclaim in respect of any item common to both claim and counterclaim.

• (6) In this Rule the expression “costs” includes any witnesses’ expenses allowed by [⁴⁵⁸ the judge or district judge as the case may be].

11

• (1) ⁴⁵⁹This rule only applies where the plaintiff’s cause of action (or if there is more than one cause of action the principal cause of action):

• (a) related to contracts for works of building or engineering construction, contracts of engagement of architects, engineers or quantity surveyors, the sale of goods, insurance, banking, the export or import of merchandise, shipping or other mercantile matters, agency, bailment, carriage of goods, professional or clinical negligence or title to land;

• (b) claimed assault, battery, wrongful arrest or false imprisonment and where a named defendant is the Ministry of Defence, Chief Constable of the Police Service of Northern Ireland or Head of the Northern Ireland Prison Service;

[⁴⁶⁰ . . .]

• (ba) ⁴⁶¹claimed diffuse mesothelioma or any asbestosis related disease; or]

• (c) was brought under:

• (i) Part IV of the Sex Discrimination (Northern Ireland) Order 1976⁴⁶²;

• (ii) Part III of the Race Relations (Northern Ireland) Order 1997⁴⁶³;

• (iii) Part IV of the Fair Employment and Treatment (Northern Ireland) Order 1998⁴⁶⁴;

• (iv) Part III of the Disability Discrimination Act 1995⁴⁶⁵;

• (v) section 76 of the Northern Ireland Act 1998⁴⁶⁶;

• (vi) ⁴⁶⁷regulations 24 or 25 of the Employment Equality (Age) Regulations (Northern Ireland) 2006⁴⁶⁸; [⁴⁶⁹ . . .]

• (vii) regulations 5 to 17 of the Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006⁴⁷⁰];

• (viii) ⁴⁷¹the Consumer Credit Act 1974; or

• (ix) the Special Educational Needs and Disability (Northern Ireland) Order 2005.]

• (2) Subject to paragraph (4) where, at the conclusion of a cause of action to which this rule applies, [⁴⁷² the judge or district judge as the case may be] is satisfied that the issues in the case were of particular complexity, he may order that the parties receive an enhancement of their costs in addition to the scale costs set out in Appendix 2.

• (3) The amount of any enhancement under this rule shall be one-third of the scale fee in Appendix 2 to which the parties are entitled.

[⁴⁷³ . . .]

Costs of party appearing in person

12

The amount of any costs awarded to a party other that a solicitor appearing in person in accordance with section 1 of the Litigants in Person (Costs and Expenses) Act 1975⁴⁷⁴ shall be such as may be determined by [⁴⁷² the judge or district judge as the case may be].

Additional services

13

Where it is necessary to serve more than one copy of a civil bill or other document initiating proceedings there shall be payable for each copy after the first a further sum of [⁴⁷⁵ £1.00].

Costs in undefended cases

14

• (1) ⁴⁷⁶Where a defendant pays the amount due or delivers up possession, as the case may be, within 21 days from service of the civil bill and also within that period pays 50% of the solicitor’s costs in column 2 of [⁴⁷⁷ Table 2] of Part I or of Table 1 of Part III of Appendix 2 as appropriate, together with all of the plaintiff’s outlay including counsel’s fee (if any) properly incurred to the date of settlement he shall not be liable for any further costs.

• (2) The costs awarded to a solicitor where he enters judgment on behalf of a plaintiff in accordance with Order 12 Rule 1 shall be the scale fee in accordance with [⁴⁷⁷ Table 2] in Part I of Appendix 2.

• (3) ⁴⁷⁸Subject to paragraphs (4), (5) and (6) where judgment is entered on behalf of a plaintiff in accordance with Order 12, rule 2 and damages are assessed under Order 12, rule 13 or 16 the costs awarded to a solicitor or counsel shall be 50% of the scale fee payable under the relevant Table (as determined by the cause of action) in Appendix 2.

• (4) Costs shall only be awarded to counsel in accordance with paragraph (3) if [⁴⁷⁹ the judge or district judge as the case may be] has certified that it was necessary to instruct counsel in that case.

• (5) Notwithstanding paragraph (3), the amount of 50% of the scale fee prescribed by paragraph (3) (being the costs payable to a solicitor and, if allowed, to counsel where judgment is entered on behalf of a plaintiff in accordance with Order 12, rule 2 and damages are assessed under Order 12, rules 13 or 16) may be increased at the discretion of the judge or district judge.

• (6) Notwithstanding paragraphs (3) to (5), in any case whether commenced by civil bill or on petition, where the approval of [⁴⁷⁹ the judge or district judge as the case may be] is required under Order 44, rule 1(1)(a), the costs payable to a solicitor and counsel shall be the full scale fee allowable under Appendix 2, Part 1.]

Lands not separately rated

15

In any proceedings for recovery of possession of lands not separately valued for rating [⁴⁷⁹ the judge] may make any apportionments of valuation necessary for the determination of the costs applicable.

Fee for preparation of brief

16

The solicitor’s remuneration provided by the scales in Appendix 2 include a fee for the preparation of a brief to counsel (if any).

[Services fee for postal service

17

Where service of a civil bill or other document has been effected by post under Rule 3(2)(a) of Order 6, the solicitor shall be entitled to a fee inclusive of outlay in lieu of the fees payable to process servers as follows £4.00].

Injunctions claimed other than in equity proceedings

18

In proceedings where an injunction is claimed under Article 13 of the Order, not being proceedings within the equity jurisdiction, the costs in relation to the hearing of the claim for an injunction shall be in the discretion of [⁴⁷⁹ the judge or district judge as the case may be], both as to incidence and amount.

Proceedings in which the amount awarded does not exceed [ “certain limits”]

19

• (1) ⁴⁸²In any proceedings before a [⁴⁷⁹judge], other than an appeal under the 1977 Order, the 1988 Order, the 1978 Act or the 1991 Act, if the award by [⁴⁷⁹ the judge] does not exceed—

• (a) [⁴⁸³ £10,000], only two-thirds of the amount of the scale costs shall be allowed, unless [⁴⁷⁹ the judge] otherwise orders; or

• (b) £5,000, no costs, save those which would be awarded under Order 26, Rules 43 to 46, shall be allowed if [⁴⁷⁹ the judge] is satisfied that the proceedings should have been brought under Article 30(3) of the Order.

• (2) In any proceedings before a district judge, if the award by the district judge does not exceed £5,000, no costs, save those which would be awarded under Order 26, Rules 43 to 46 shall be allowed if the district judge is satisfied that the proceedings should have been brought under Article 30(3) of the Order.

[ Penalty in costs where oral evidence not reasonably necessary

20

• (1) Where it appears to [⁴⁸⁵ the judge or district judge as the case may be] in any proceedings that—

• (a) any witness has been called to give oral evidence where his evidence could have been put before the court in some other manner, and

• (b) his giving oral evidence was not reasonably necessary, [⁴⁸⁵ the judge or district judge as the case may be] may order that the costs occasioned by calling the witness to give oral evidence shall fall upon the party who caused his so to be called, and for this purpose may make such provision as he thinks fit either by fixing the amount of such costs in default of agreement between the parties or by making and order for taxation of such costs.

• (2) Any costs required to be taxed pursuant to an order under this Rule shall be taxed in the same manner as costs in equity suits or proceedings.]

[ Applications under Article 42A(2) or 42B of the Order

21

Where an application is made in accordance with Order 14 rule 10A or Order 15 rule 5A for an order under Article 42A(2) or 42B the person against whom the order is sought shall, unless the court otherwise directs, be entitled to his costs of the application and of complying with any order made thereon.]

ORDER 56 — County Court seal and Authentication of documents

County Court seal

1

There shall be a county court seal for Northern Ireland.

Custody of the seal

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Affixing and authentication of the seal

3

• (1) The seal shall be affixed by or under the direction of the chief clerk to any document required by these Rules or any other enactment to be scaled with the county court seal.

• (2) Every seal affixed to any document shall, subject to paragraphs (3) and (4), be authenticated by the signature of the chief clerk or registrar and no authentication of the seal shall be necessary.

• (3) Where any order directs that the [⁴⁸⁷ district judge] or other officer shall do any act or take any accounts or inquiries, the seal on such order shall be authenticated by the signature of the chief clerk, as the case may be, and no further authentication shall be necessary.

• (4) In the event of sickness or absence of the chief clerk, the seal may be authenticated and any certificate required by these rules may be given by such officer of the court as [⁴⁸⁸ the judge] may from time to time direct.

Documents to be sealed

4

The county court seal shall be affixed to—

• (a) every document which immediately prior to the passing of the Order was required to be sealed with the county court seal;

• (b) every document which under the provisions of these Rules or any other enactment is required to be sealed with the county court seal; and

• (c) every document issued by a county court for which a form marked with the word “seal” is prescribed in Appendix 1.

[ Interpretation

5

The county court seal may be affixed by placing the seal on the relevant document—

• (a) by hand; or

• (b) by printing a facsimile of the seal on the document whether electronically or otherwise.]

ORDER 57 — Penal and disciplinary provisions

Proceedings on complaint of a contempt of court

1

• (1) Where it is alleged that any person has—

• (a) wilfully insulted or acted contumaciously towards [⁴⁹⁰ the judge or district judge as the case may be], or any witness, or any officer of the court during his sitting or attendance in court or in chambers or at any hearing before an officer of the court or in going to or returning from the court or chambers or a hearing before an officer of the court;

• (b) wilfully interrupted the proceedings of a county court or otherwise misbehaved in court or in chambers or at a hearing before an officer of the court; or

• (c) been duly summoned and has refused or neglected without sufficient cause to appear or to produce any documents or has refused to be sworn or to give evidence;

and the alleged offender has not been taken into custody and brought before [⁴⁹⁰ the judge] or dealt with summarily by [⁴⁹⁰ the judge], [⁴⁹¹ the district judge], chief clerk or other [⁴⁹² civil servant in the Department of Justice] acting as clerk of the court—

• (i) shall issue a summons in Form 264 which shall be served by a process server on the alleged offender personally at least two days before the return day appointed in such summons; or

• (ii) if [⁴⁹⁰ the judge] so directs, shall forthwith issue a warrant in Form 265 addressed to a superintendent of the Police Service of Northern Ireland for the apprehension and bringing before the court of the alleged offender.

• (2) The fee payable to process server in respect of the service of a summons under paragraph (1)(i) shall be payable by the chief clerk and chargeable as part of his office expenses.

• (3) Where a person has been found to have committed any offence mentioned in paragraph (1), an order in Form 266, may be made against him.

• (4) After imposing a fine on or committing to prison any person for an offence mentioned in paragraph (1), [⁴⁹⁰ the judge] may direct the chief clerk to give notice to such person that if he has any cause to show why an order should not be made against him, he may show cause in persons or by affidavit or otherwise on a day to be named in the notice, and [⁴⁹⁰ the judge] after considering the cause may make such order as he thinks fit.

Proceedings consequent on order under rule 1

2

A warrant for committal to prison under an order made under rule 1 shall be in Form 267; and all other warrants shall be in the forms specified in the Fines Act (Ireland) 1851⁴⁹³.

Revocation of order of committal

3

An order revoking an order under Rule 1 committing a person to prison and, if he is already in custody, ordering his discharge, shall be in Form 268 with such modifications as may be necessary, and the chief clerk shall deliver a sealed copy of the order by post or otherwise to the governor of the prison in which the person is held in custody.

Repayment of fine

4

If, in any case, after a fine has been paid the person on whom it was imposed shows cause which satisfies [⁴⁹⁴ the judge] that if cause had been shown at an earlier date, he would not have imposed a fine or would have imposed a smaller fine, or would not have ordered payment or full payment to be enforced, [⁴⁹⁴ the judge] may order the fine or any part thereof to be repaid.

Decrees enforceable by committal

5

• (1) Decrees in the nature of an injunction and all decrees within the competence of the court which, if they were made in an action or matter in the High Court could in that court be enforced by committal may in accordance with this Order be enforced, by order of [⁴⁹⁴ the judge], by committal.

• (2) Any such decree which requires any person to do an act thereby ordered shall state the time, or the time after service of the decree, within which the act is to be done.

Notice of motion for decree enforceable by committal

6

A notice of motion for a decree which may be enforced by committal may be in Form 269 and shall, except where [⁴⁹⁴ the judge] otherwise determines, be supported by affidavit of the party making the application.

Procedure for enforcement

7

• (1) When a decree enforceable by committal has been made for the benefit of one party (in this Rule called “the applicant”) against another party (in this Rule called “the respondent”) the chief clerk shall, on the application of the applicant, endorse on a certified copy of the decree a notice in Form 270 and the copy so endorsed shall be served on the respondent personally.

• (2) If the respondent fails to obey the decree, the applicant shall at least two days before the hearing serve on: the respondent personally a notice in Form 271 and shall send to the chief clerk a notice in Form 272.

• (3) [⁴⁹⁴ The judge] may hear such application at any time and place he considers suitable.

• (4) On the day named in the notice, [⁴⁹⁴ the judge], on being satisfied that the respondent has failed to obey the decree and, if the respondent does not appear, that the endorsed copy of the decree and the notice have been served on him, may order a warrant of committal to issue; but [⁴⁹⁴ the judge] may, if he considers it necessary, hear the application ex parte and make such order thereon as he thinks fit.

• (5) The order for the issue of a warrant shall be in Form 273 and the warrant shall be in Form 274.

Application, as to discharge from custody

8

• (1) [⁴⁹⁴ The judge] may at any time and at any place hear any application as to the discharge of any person in custody committed for contempt of court and may make such order regarding that person as he might make if sitting in open court.

• (2) Notice of an application for discharge from custody of a person committed for contempt of court shall be in Form 275 and shall be served on the opposite party (if any) at least two days before the day on which the application is intended to be heard, and an order for the discharge from custody of a person so committed shall be in Form 276, but [⁴⁹⁴ the judge] may, if he considers it necessary, hear the application ex parte and make such order thereon as he thinks fit.

Procedure for grant of sequestration order

9

• (1) Rule 6 and paragraphs (1) to (4) of Rule 7 shall apply to motions for the grant of an order for sequestration against an individual under Article 111 of the Judgments Enforcement (Northern Ireland) Order 1981 or against a company under Article 113 of that Order with the modification that in the said Rules and in Forms 269, 270, 271 and 272 for a reference to committal or to an order of committal there shall be substituted a reference to sequestration or to an order for sequestration as the case may be.

• (2) A sequestration order granted against an individual shall be in Form 277 and that against a company shall be in Form 278.

ORDER 58 — [ Overriding objective, interpretation, revocations, extent, commencement and citation

“The overriding objective

1

• (1) The overriding objective of these Rules is to enable the Court to deal with cases justly.

• (2) Dealing with a case justly includes, so far as is practicable—

• (a) ensuring that the parties are on an equal footing;

• (b) saving expense;

• (c) dealing with the case in ways which are proportionate to—

• (i) the amount of money involved;

• (ii) the importance of the case;

• (iii) the complexity of the issues; and

• (iv) the financial position of each party;

• (d) ensuring that it is dealt with expeditiously and fairly; and

• (e) allotting to it an appropriate share of the Court’s resources, while taking into account the need to allot resources to other cases.

• (3) The Court must seek to give effect to the overriding objective when it—

• (a) exercises any power given to it by the Rules; or

• (b) interprets any Rule.”.]

Interpretation

2

• (1) In these Rules, the expression—

• “administrative court division” means an area specified as such in directions issued by the Department of Justice under section 2 of the Justice Act (Northern Ireland) 2015;

• [⁴⁹⁷ “controller” means a person appointed as controller for a patient under Article 101 of the Mental Health (Northern Ireland) Order 1986;]

• “Court Funds Rules” means rules made by the Lord Chancellor, with the concurrence of the Treasury, under section 82 of the Judicature (Northern Ireland) Act 1978;

• [⁴⁹⁸ . . .]

• “enactment” mean a statute or statutory instrument made under a statute, by whatsoever Parliament passed or by whomsoever made, for the time being in force in Northern Ireland;

• [⁴⁹⁹ . . .]

• “folio” means seventy-two words, each single figure being reckoned as a word;

• [⁴⁹⁷ “patient” has the meaning assigned to it in Article 2(2) of the Mental Health (Northern Ireland) Order 1986;]

• “statutory instrument” includes an Order in Council, order or warrant (other than an order made or a warrant issued by a court), scheme, rule, regulation or bye-law;

• “the Order” means the County Courts (Northern Ireland) Order 1980;

• “the Crown Proceedings Act” means the Crown Proceedings Act 1947⁵⁰⁰ as extended to Northern Ireland by the [⁵⁰¹ Crown Proceedings (Northern Ireland) Order 1981⁵⁰².]

• (2) References in these Rules to service by registered post (however expressed) shall, unless the contrary intention appears, be construed as including references to service by means of the recorded delivery service.

• (3) In these Rules “decimal currency” means the new currency provided for by the Decimal Currency Act 1967⁵⁰³ and where it is necessary for the purposes of these Rules to calculate the amount in decimal currency corresponding to an amount in shillings and pence, the calculation shall be made in accordance with Schedule 1 to the Decimal Currency Act 1969⁵⁰⁴.

Forms

3

The general forms set forth in Appendix 1 shall, subject as aforesaid, be used in proceedings under these Rules to which they are relevant.

Application to Crown

4

Save as otherwise provided by the Crown Proceedings Act or by these Rules—

• (a) these Rules and any County Court Rules for the time being in force shall, so far as may be, apply to all proceedings by or against the Crown in like manner as they apply to proceedings between subjects; and

• (b) proceedings by or against the crown shall, so far as may be, take the same form as proceedings between subjects.

Revocations

5

The Statutory Rules set out in columns 1 and 2 of Appendix 3 are revoked to the extent specified in column 3 of that Appendix.

Rules apply to civil proceedings except as otherwise provided

6

Without prejudice to Part II of Order 32, in its application to cases stated under Article 61 of the Order on appeal from magistrate’s courts, [⁵⁰⁵ or to Part IIA of Order 32,] these Rules shall apply only to civil proceedings.

Citation and commencement

7

These Rules may be cited as the County Court Rules (Northern Ireland) 1981.

APPENDIX 1