County Court Rules (Northern Ireland) 1981

• (i) if any claimant does not appear, [⁹⁴ the judge or district judge as the case may be] shall make an order finally determining the claim as between the applicant and any claimant who appears and may make an order barring the claim of the absent claimant; or

• (ii) if all the claimants appear, [⁹⁴ the judge or district judge as the case may be] shall, whether the applicant appears or not, hear the proceedings and make an order finally determining the rights and claims of all parties.

• (2) An order in Form 47 or Form 48 barring the claim of a claimant shall declare the claimant and all persons claiming under him to be for ever barred as against the, defendant or applicant and all persons claiming under him and also (where the claimant has sent a notice to the applicant that he makes no claim) as against the plaintiff or the other claimant and all persons claiming under him.

• (3) Where the claimant has not sent a notice to the applicant that he has no claim, an order barring the claim shall not affect the rights of that claimant and the plaintiff or another claimant as between themselves.

ORDER 11 — Third party procedure

Generally

1

• (1) Where a defendant claims to be entitled to any contribution, indemnity or other relief over against any person not a party to the action (in this Order referred to as a “third party”) he may, [⁹⁵ within 14 days after service of his notice of intention to defend], serve on the third party in like manner as a civil bill a third party notice in Form 49, together with a copy of the civil bill in the action.

• (2) A third party notice may be served at any place in Northern Ireland.

[⁹⁶ . . .]

• (3) When the third party notice has been served, a copy thereof shall forthwith be delivered to the plaintiff by post or otherwise and a copy thereof lodged with the chief clerk.

Effect of service of notice

2

Subject to any order of [⁹⁷ the judge or district judge as the case may be], the notice shall have effect as if it were a civil bill served by the defendant on the third party.

Hearing

3

[⁹⁷ The judge or district judge as the case may be] at the hearing—

• (a) may give such directions or make such orders as he thinks appropriate for determining the issue between the parties; and

• (b) may pronounce such decree as the nature of the case may require and may make such order as to the costs and the third party proceedings as he considers just.

Application

4

The foregoing Rules shall apply mutatis mutandis where—

• (a) a defendant claims to be entitled to any contribution, indemnity or other relief over against any other defendant; but a third party notice served on a defendant need not be accompanied by a copy of the civil bill [⁹⁹ (where however, defendants are sued as tort feasors liable in respect of the same damage, they shall be treated as opposite parties and no third party notice need be served under this rule, but any such defendant, if he intends in support of a claim for contribution or indemnity to rely on any contractual right, must furnish particulars thereof in writing to the other parties)];

• (b) a third party claims to be entitled to any contribution, indemnity or other relief over against another person not a party to the action (who may be known as a “fourth party”) and

• (c) a fourth party or any subsequent party in like case makes a like claim against a person not a party to the action.

5

In this Order the words “plaintiff’ and “defendant” respectively shall include a plaintiff and a defendant to a counterclaim.

[ ORDER 12 — Default of Notice of Intention to Defend

PART I — JUDGMENT IN DEFAULT OF NOTICE OF INTENTION TO DEFEND

Proceedings which may be commenced and dealt with as default or summary actions

1

• (1) Where a civil bill is endorsed with a claim against a defendant for a liquidated demand only, then if that defendant fails to serve a notice of intention to defend in Form 42 within a period of 21 days after service upon him of the civil bill, the plaintiff may enter final judgment against that defendant for a sum not exceeding that claimed by the civil bill in respect of the demand and continue with the proceedings against the other defendants if any.

• (2) A claim shall not be prevented from being treated for the purpose of this rule as a claim for a liquidated demand by reason only that part of the claim is for interest under Article 45A of the Order at a rate which is not higher than that payable on judgment debts at the date of issue of the civil bill. A claim for interest at a higher rate shall be treated as a claim for interest to be assessed.

• (3) Before final judgment is entered under this rule an affidavit must be lodged with the chief clerk specifying the amount then actually due to the plaintiff.

PART II — DAMAGES: ASSESSMENT AFTER JUDGMENT

Default civil bill

2

A default action shall be commenced by a default civil bill in Form 50.

Notices to be annexed to default civil bills

3

There shall be annexed to the copy of a default civil bill served on the defendant a notice in Form 51 addressed to the plaintiffs solicitor or, where the plaintiff is suing in person, to the plaintiff and a notice in Form 52 addressed to the appropriate chief clerk.

Entry of default civil bill as a default action

4

If, on the expiration of fourteen days from the service of the copy of the default civil bill and notices, neither the plaintiffs solicitor nor the plaintiff nor the chief clerk has received notice from the defendant that he disputes his liability for the claim in whole or in part or alleges a counterclaim, the plaintiffs solicitor or, where the plaintiff is suing in person, the plaintiff, may enter the proceedings for hearing by the judge as a default action.

Proofs requisite for entry of default civil bill

5

• (1) Upon entry of the proceedings under Rule 4, the plaintiff shall lodge in the Office—

• (a) the original default civil bill and original notices with endorsements of service or, where Order 6 Rule 3(3) applies, an affidavit of service, or, where Order 6 Rule 3(2)(b) or Rule 3(7) applies, the solicitor's certificate referred to in Rule 12 of Order 6;

• (b) an affidavit in verification of the plaintiff's claim in Form 53 made by the plaintiff or on his behalf by some other person who can swear positively to the facts and sworn within a period of twenty-eight days ending on the entry day;

• (c) a certificate in Form 54, which may be endorsed on the affidavit given under paragraph (b) and which shall be given within a period of seven days ending on the entry day, by the plaintiff's solicitor or, where the plaintiff is suing in person, the plaintiff, that a notice disputing his liability for the claim in whole or in part or alleging a counterclaim has not been received from the defendant and either that—

• (i) no other communication has been received from the defendant; or

• (ii) a copy of any such communication so received is attached;

and stating whether any part of the amount claimed in the affidavit made under paragraph (b) has to his knowledge been paid by the defendant.

• (2) The solicitor's certificate referred to in Rule 12 of Order 6 shall be in Form 59.

Default decree

6

• (1) Upon consideration of the documents lodged under Rule 5 and on proof of service of the default civil bill and notices under Rule 3, the judge may without further evidence make a default decree in Form 55 against the defendant for the sum shown by the documents lodged under Rule 5 to have been due at the date of service of the default civil bill together with costs but crediting any amount actually paid after such service.

• (2) Where the defendant fails within the time provided in Rule 4 to give notice that he disputes his liability for the claim in whole or in part or alleges a counterclaim but appears and proves to the satisfaction of the judge that he has just grounds for disputing his liability for the claim in whole or in part upon the merits or has a counterclaim, the judge may upon such terms as to costs and otherwise as to him seems just either hear and determine the case or adjourn the hearing and direct notice thereof to be given to the parties.

Where defendant disputes claim or alleges a counterclaim

7

Where the defendant gives notice within the time specified in Rule 4 that he disputes his liability for the claim in whole or in part or alleges a counterclaim, the plaintiff shall enter the action for hearing as an ordinary civil bill action and subsequent proceedings shall be had as if the action had been commenced in accordance with Order 5.

PART III — SUMMARY ACTIONS

Summary civil bill

8

A summary action shall be commenced by a summary civil bill in Form 56.

Notices to be annexed to summary civil bills

9

There shall be annexed to the copy of a summary civil bill served on the defendant a notice in Form 51 addressed to the plaintiffs solicitor and a notice in Form 52 addressed to the appropriate chief clerk.

Application for summary decree

10

• (1) If, on the expiration of fourteen days from the service of the copy of the summary civil bill and notices, the plaintiffs solicitor has not received notice from the defendant that he disputes his liability for the claim in whole or in part or alleges a counterclaim, the plaintiffs solicitor may make application in the Office on behalf of the plaintiff for a summary decree to be made against the defendant.

• (2) Such application may be endorsed on the affidavit referred to in Rule 11.

11

• (1) Upon such application the plaintiffs solicitor shall lodge in the Office—

• (a) the original summary civil bill and original notices with endorsements of service or, where Order 6 Rule 3(3) applies, an affidavit of service or, where Order 6 Rule 3(2)(b) or Rule 3(7) applies, the solicitor's certificate referred to in Rule 12 of Order 6;

• (b) an affidavit in verification of the plaintiffs claim in Form 53 made by the plaintiff or on his behalf by some person who can swear positively to the facts and sworn within a period of twenty-eight days ending on the date of the application;

• (c) a certificate in Form 57, which may be endorsed on the affidavit lodged under paragraph (b) and which shall be given within a period of seven days ending on the date of the application, by the plaintiffs solicitor that a notice disputing his liability for the claim in whole or in part or alleging a counterclaim has not been received from the defendant and either that—

• (i) no other communication has been received from the defendant; or

• (ii) a copy of any such communication so received is attached;

and stating whether any part of the amount claimed in the affidavit made under paragraph (b) has to his knowledge been paid by the defendant; and

• (d) a summary decree in Form 58.

• (2) The solicitor's certificate referred to in Rule 12 of Order 6 shall be in Form 59.

Summary decree

12

On the lodgment in the Office of the documents requited by Rule 11—

• (a) where the chief clerk has not received a notice from the defendant disputing his liability for the claim in whole or in part or alleging a counterclaim he may issue a summary decree in Form 58 for the sum shown by the documents lodged under Rule 11 to have been due at the date of service of the summary civil bill together with costs but crediting any amount actually paid after such service;

• (b) where such a notice has been so received, the chief clerk shall inform the applicant accordingly and the proceedings shall continue in accordance with Rule 13 as if such a notice had also been received by the applicant.

Where defendant disputes liability or alleges a counterclaim or chief clerk refuses to issue a summary decree

13

Where the defendant gives notice within the time specified in Rule 10 that he disputes his liability for the claim in whole or in part or alleges a counterclaim or where the chief clerk refuses to issue a summary decree, either party may, upon seven days' notice to the other party, enter the action for hearing at the next or next but one sitting of the court and it shall thereupon proceed as if it had been commenced in accordance with Order 5. A copy of such notice shall be lodged in the Office on entry.

PART IV — MISCELLANEOUS PROVISIONS

Costs payable in settlement

14

Where a defendant pays the amount due within fourteen days from service of the default or summary civil bill and also within that period pays fifty per centum of the solicitor's costs in column 2 of Table 3 in Part I of Appendix 2 together with the plaintiff's outlay properly incurred to date of settlement he shall not be liable for any further costs.

Costs in certain cases

15

Any additional costs incurred by a plaintiff by reason of the fact that the defendant sent notice disputing his liability for the claim in whole or in part or alleging a counterclaim to the chief clerk only and not to the plaintiff's solicitor or the plaintiff, shall, unless the judge otherwise directs, be payable by the defendant.

Decree against one of two or more defendants

16

Where there are two or more defendants and one has failed to give notice that he disputes his liability for the claim in whole or in part or alleges a counterclaim and has not paid the sum due and costs, the plaintiff may proceed in accordance with the foregoing Rules of this Order to have a decree issued against that defendant, without prejudice to the plaintiff's right to proceed with the action against any other defendant.

Notice under section 139(1)(b) of the Consumer Credit Act 1974

17

Where a defendant in accordance with section 139(1)(b) of the Consumer Credit Act 1974[^f00010] desires to have a credit agreement re-opened he shall serve notice that he so desires on the chief clerk and on the plaintiff's solicitor or, where the plaintiff is suing in person, on the plaintiff within fourteen days from service of the copy of the default or, as the case may be, summary civil bill and thereupon the plaintiff shall enter the action for hearing as an ordinary civil bill action and subsequent proceedings shall be had as if the action had been commenced in accordance with Order 5.

ORDER 13 — Hearing of proceedings together and selected actions

Generally

1

Actions or matters pending in the same court may be heard together by order of [¹⁰⁷ the judge or district judge as the case may be] of his own motion or on the application of any party on notice.

Selected action, where several plaintiffs

2

• (1) Where several actions by different plaintiffs against the same defendant are proceeding in the same court in respect of causes of action arising out of the same breach of contract, wrong or other circumstances, the defendant may, on filing an undertaking to be bound, so far as his liability in the several actions is concerned, by the decision in such one of the actions as may be selected by [¹⁰⁷ the judge or district judge as the case may be], apply to [¹⁰⁷ the judge or district judge as the case may be] for an order to stay the actions, other than the one selected, until a decree is given in the selected action.

• (2) An application under this Rule shall be made on notice to the plaintiffs who would be affected by any order made thereon.

Where a decree given in favour of defendant in selected action

3

• (1) If a decree in a selected action under Rule 2 is given in favour of the defendant, the defendant shall be entitled to his costs up to the date of the order staying proceedings against every plaintiff whose action is stayed, unless any such plaintiff gives notice to the chief clerk to enter his action for hearing.

• (2) On a decree in the selected action being given in favour of the defendant, the defendant shall send to every plaintiff a notice in Form 60 and, if any such plaintiff gives notice to the chief clerk to enter his action for hearing, the chief clerk shall appoint a day for the hearing and send notice thereof to both plaintiff and defendant before the beginning of a period of fourteen days ending on the day so appointed.

Where decree given against defendant in selected action

4

• (1) If a decree in a selected action is given against the defendant, the plaintiff in any action stayed shall be at liberty to proceed for the purpose of ascertaining and recovering his debt or damages and costs.

• (2) On a decree in the selected action being given against the defendant, the chief clerk shall send to each plaintiff a notice in Form 61, and a plaintiff desiring to proceed shall, within one month from the date of the notice, give to the chief clerk notice to enter his action for hearing, and on receipt thereof the chief clerk shall appoint a day for the hearing and send notice thereof to both plaintiff and defendant before the beginning of a period of fourteen days ending on the day so appointed.

Selected action where several defendants

5

• (1) Where several actions by the same plaintiff against several defendants are proceeding in the same court and the event of the action depends on the finding of [¹⁰⁷ the judge or district judge as the case may be] on some question common to all of them, [¹⁰⁷ the judge or district judge as the case may be] may at any time select one of them for hearing and stay proceedings in all the others until a decree is given in the selected action.

• (2) After a decree is given in the selected action, unless the plaintiff and the defendant in the other actions or any of them submit to a decree in accordance therewith, the other actions shall proceed.

• (3) On receipt of notice for the plaintiff or defendant in any such action to enter it for bearing, the chief clerk shall appoint a day for the hearing and shall send notice thereof to both plaintiff and defendant before the beginning of a period, of fourteen days ending on the day so appointed.

Time for giving notice to enter action for hearing after decree in selected action

6

A notice under Rule 3, Rule 4 or Rule 5 to enter an action for hearing shall be given to the chief clerk within one month from the date on which the plaintiff or defendant giving the notice receives notice of the decree in the selected action or, where an appeal is made against the decree, of the decision given on the appeal.

ORDER 14 — Interlocutory applications

General procedure

1

• (1) Where by any enactment or by direction of the court any application in the course of an action or matter is expressly or by implication authorised to be made to the court or to the judge or to the circuit registrar or chief clerk, the following provisions shall apply—

• (a) the application shall be made either in or out of court and either ex parte or on notice in accordance with the terms of the relevant enactment or direction and in the absence of any express provision to the contrary the application shall be made on notice;

• (b) where made on notice—

• (i) the notice shall be in writing and shall be served on the opposite party and filed in the Office before the beginning of a period of two days ending on the day of hearing of the application unless the judge or circuit registrar or, as the case may be, the chief clerk dispenses with notice or gives leave for shorter notice; and

• (ii) the party serving the notice shall be responsible for ascertaining that the judge or circuit registrar or, as the case may be, the chief clerk will be available to hear the application on the day, at the time and in the place for which notice is served;

• (c) an affidavit shall not be necessary unless the judge or circuit registrar or, as the case may be, the chief clerk otherwise directs;

• (d) upon the hearing of the application the judge or circuit registrar or, as the case may be, the chief clerk may make such order as he considers just;

• (e) where the application is made to the circuit registrar or chief clerk, he may, if in doubt as to the proper order to be made, refer the application to the judge forthwith or at the next convenient opportunity and the judge may hear the application and make such order as he considers just;

• (f) where the circuit registrar or chief clerk has made an order to which this Order applies, any party who is dissatisfied therewith may apply to the judge on notice to vary or rescind the order and on the hearing of the application the judge may confirm, vary or rescind the order and may make such order as he considers just. This sub-paragraph shall not apply to an order or direction under Rule 2(3) of Order 21.

• (2) The jurisdiction of the court to hear and determine any application in the course of an action or matter may, by direction or with the consent of the judge, be exercised by the circuit registrar unless there is a provision to the contrary in any enactment.

Power to impose terms

2

The Judge or, where the application is authorised to be made to the circuit registrar, the circuit registrar may, as a condition of granting any application, impose such terms and conditions as he thinks fit and, without prejudice to the generality of the foregoing provisions, may make orders requiring any party to—

• (a) give security; or

• (b) give an undertaking; or

• (c) pay money into court; or

• (d) give a power of re-entry;

and may make such order as to costs as he considers just.

Directions

3

In any action or matter the judge or, where the application is authorised to be made to the circuit registrar, the circuit registrar may at any time on the application on notice of any party or of his own motion give such directions as he thinks proper.

Adjournment

4

• (1) The judge or, where the circuit registrar hears the original application, the circuit registrar may at any time and from time to time upon application or of his own motion, adjourn the hearing of any proceedings or step in the proceedings either generally with liberty to re-enter or for such period not exceeding twelve months as will in his opinion best meet the ends of justice.

• (2) Notice of any such adjournment shall be given by the chief clerk to all parties and persons interested who are not present when the order is made.

• (3) If the hearing of the action or matter is adjourned generally, any party may apply to have a day fixed for the heating and the chief clerk shall fix a day for the hearing and give notice to all the parties in Form 62.

• (4) If no application is made under the last foregoing paragraph within 12 months after the day on which the hearing of the action or matter was adjourned generally, the chief clerk may give notice to all parties in Form 279, and unless any party applies within 14 days after receipt of the notice to have a day fixed for the hearing or to have the hearing again adjourned and the application is granted, the action or matter shall be struck out.

When defendant entitled to ask for security for costs

5

• (1) Where a defendant neither resides nor carries on business within the division of the court in which an action or matter is commenced, he may apply in Form 63 to the circuit registrar, in accordance with Rule 1, for an order directing the plaintiff to deposit in court a sum of money as security for his costs.

• (2) The application shall be sent to the chief clerk by post or otherwise—

• (a) where the defendant returns the notice sent with a default or summary civil bill, with that notice;

• (b) in any other case within eight days of the service of the civil bill on him;

together with an affidavit showing a defence on the merits and stating the grounds of defence.

• (3) If the circuit registrar refuses the application, the chief clerk shall send notice to the defendant in Form 64.

• (4) If the circuit registrar grants the application, he shall fix the amount of the security and the chief clerk shall send to the plaintiff a notice in Form 65.

• (5) Where a deposit is ordered—

• (a) if the deposit is duly made, the chief clerk shall send notice to the defendant in Form 66;

• (b) if the deposit is not duly made, the chief clerk shall send notice to the parties in Form 67, and the action or matter shall be struck out, and the defendant shall be entitled to recover the costs incurred by him before the receipt of Form 67, and if such costs are not paid within fourteen days after demand made therefor, the judge may on the application of the defendant give a decree for the amount of such costs together with the costs of the application to him:

Provided that if the deposit is not made in due time, but is made later the judge may order the action or matter to be reinstated, and the chief clerk shall send notice thereof to the defendant and inform him on what day the action or matter will be heard.

Application for interim injunction, etc.

6

Where any party or intending party desires, before the hearing, an immediate order—

• (a) in the nature of an injunction; or

• (b) for the appointment of a receiver; or

• (c) for taking any accounts; or

• (d) for making any inquiries;

he may apply to the judge on affidavit setting forth the facts rendering the order immediately necessary and the judge may make such order as he thinks fit.

Recovery of goods where lien claimed

7

• (1) Where in any action the plaintiff claims the recovery of specific property other than land and the defendant admits the title of the plaintiff but claims to retain the property by virtue of a lien or otherwise as security for the payment of a sum of money; the judge may order that the plaintiff be at liberty to pay into court, to abide the event of the action, the sum of money in respect of which the defendant claims to retain the property and such further sum (if any) for interest and costs as the judge may think fit, and may order that upon such payment into court the defendant shall return the property to the plaintiff:

• (2) This Rule shall with the necessary modifications apply to a counter-claim as it applies to a claim.

Preservation, etc., of subject matter

8

Where a prima facie case of liability under any contract is established, and there is alleged, as a matter of defence, a right to be relieved wholly or partially from that liability, the judge may make an order for the preservation or interim custody of the subject-matter of the action or may order that the amount in dispute be brought into court or otherwise secured.

Order for detention, etc.

9

• (1) The judge may, upon the application of any party to an action or matter, make any order for the detention, preservation, inspection, surveying, measuring, weighing or analysing of any property, document or thing, being the subject of the action or matter or as to which any question may arise therein, and may authorise any person to enter upon or into any land or building in the possession of arty party to the action or matter, and authorise any samples to be taken, or any observation, plan, photograph or model to be made, or copy of a document or experiment to be made, which may be necessary or expedient for the purpose of obtaining full information or evidence.

• (2) Where an order is made for inspecting, surveying, measuring, weighing or analysing any property or making any copy or experiment, or taking any sample, or making any plan, photograph or model, by any person named in the order, the order may authorise the circuit registrar to examine upon oath and take the deposition of the person so named as to the result, accuracy or fairness of what he has done in pursuance of the order, and may also empower any party to give in evidence the deposition so taken.

Order for sale of perishables, etc.

10

The judge may, upon the application of any party to an action or matter, order the sale by a person to be named in the order, of any subject matter of the proceedings which—

• (a) is of a perishable nature; or

• (b) incurs charges for food or keep; or

• (c) ought for any other sufficient reason to be sold at once.

Preparation of order, etc.

11

• (1) A draft of an order under Rule 6, 7, 8, 9 or 10 shall be prepared by the party making the application and shall be settled, signed and sealed by the chief clerk or, where the order is made by the judge of his own motion, the chief clerk shall prepare, sign and seal the order.

• (2) The order when signed and sealed shall be filed by the chief clerk who shall issue a certified copy to the applicant or his solicitor for service.

ORDER 15 — Discovery, inspection and production of documents

Discovery of documents

1

• (1) ¹²³ Within 14 days of further particulars being furnished in accordance with Order 5 rule 3(2) there shall, subject to and in accordance with the provisions of this Order, be discovery by any party to any proceedings of the documents which are or have been in their possession, custody or power relating to any matter in question in the proceedings.

• (2) Nothing in this Order shall be taken as preventing the parties agreeing to dispense with or limit the discovery of documents which they would otherwise be required to make to each other.

• (2A) Subject to the provisions of this rule, the parties to proceedings must make discovery by exchanging lists of documents in Form 68 which are or have been in his possession, custody or power relating to any matter in question between them in the proceedings.

• (2B) Without prejudice to any directions given by the district judge under Order 11 rule 2B, paragraph (2A) shall not apply in third party proceedings, including proceedings under that Order involving fourth or subsequent parties.

• (2C) Unless the chief clerk, judge or district judge otherwise orders, in any proceedings where liability is admitted or where the proceedings arise out of an accident on land due to a collision or apprehended collision involving a vehicle, discovery shall be limited to disclosure of any documents in relation to special damage.

• (2D) Paragraph (2A) shall not be taken as requiring a defendant in proceedings for the recovery of any penalty recoverable by virtue of any enactment to make discovery of any documents.

• (2E) Paragraphs (2C) and (2D) shall apply in relation to a counterclaim as they apply in relation to any proceedings.

• (2F) On the application to the chief clerk of any party required by this rule to make discovery of documents, the chief clerk, or where the application has been referred to the judge or district judge in chambers, the judge or district judge may—

• (a) order that the parties to the action or any of them shall make discovery under paragraph (2A) of such documents or classes of documents only, or as to such only of the matters in question, as may be specified in the order; or

• (b) if satisfied that discovery by all or any of the parties is not necessary, or not necessary at that stage of the action, order that there shall be no discovery of documents by any or all of the parties either at all or at that stage;

and the chief clerk, judge or district judge shall make such an order and so far as he is of the opinion that discovery is not necessary either for disposing fairly of the proceedings or for saving costs.

• (2G) An application for an order under paragraph (2F) may be made to the chief clerk ex parte without notice and before the expiration of the period within which, by virtue of this rule, discovery of documents in the action is required to be made.

• (3) If any party fails to comply with paragraphs (1) and (2A) the other party may apply to the chief clerk ex parte without notice for an order directing the other party to make discovery.]

[¹²⁴ . . .]

• (5) On the receipt of an application [¹²⁵ under paragraph (3)] the chief clerk may:

• (a) make an order directing the other party to make discovery; or

• (b) refer the application to [¹²⁶ the judge or district judge as the case may be] in chambers.

• (6) The chief clerk, or where the application has been referred to [¹²⁶ the judge or district judge as the case may be] in chambers, [¹²⁶ the judge or district judge as the case may be] may order discovery in Form 68 to be verified by affidavit in Form 68C and made either generally or limited to certain classes of documents as he thinks fit, but discovery shall not be ordered if and so far as it appears that it is not necessary either for disposing fairly of the proceedings or for saving costs.

• (7) The chief clerk shall notify the applicant of the outcome of his application.

• (8) If an order for discovery is made it shall be drawn up by the chief clerk in Form 69, and served by the applicant on the party against whom it is made.

• (9) Any party to the proceedings may on giving at least five days’ notice in writing to the other party, appeal to [¹²⁶ the judge or district judge as the case may be] against a decision of the chief clerk to make an order directing discovery, and pending the outcome of the appeal the order made by the chief clerk shall be stayed.

[¹²⁷ . . .]

• (11) Any order made under this Order (including an order made on appeal) may on sufficient cause being shown be revoked or varied by a subsequent order or direction of [¹²⁶ the judge or district judge as the case may be] made or given at or before the trial of the cause or matter in connection with which the original order was made.

• (12) A party who has provided a list of documents in compliance with this rule must allow the other party to inspect the documents included in Part I of Schedule 1 to, such list and to take copies thereof.

• (13) Without prejudice to Rule 9, a party who has provided a list of documents in compliance with this rule, shall not afterwards be at liberty to put in evidence any document not included in Part I of Schedule 1 to such list unless he satisfies [¹²⁶ the judge or district judge as the case may be] that he had some cause or excuse which [¹²⁶the judge or district judge as the case may be] deems sufficient for not including such document, in which case [¹²⁶) the judge or district judge as the case may be] may allow the document to be put in evidence on such terms as to costs or otherwise, as he thinks fit.]

Inspection of documents

2

• (1) Any party to any proceedings may at any time give to the other party notice to produce any document in his possession, [¹²⁸ custody] or power which is relevant to the issues, [¹²⁸ and which has not been discovered under Rule 1], for the inspection of the party giving the notice and to permit him to take copies thereof.

• (2) Any party not complying with such a notice shall not afterwards be at liberty to put any such document in evidence unless he satisfies [¹²⁶ the judge or district judge as the case may be] that he had some cause or excuse which [¹²⁶ the judge or district judge as the case may be] deems sufficient for not complying with the notice, in which case [¹²⁶ the judge or district judge as the case may be] may allow the document to be put in evidence on such terms as to costs and otherwise as he thinks fit.

• (3) The party to whom such notice is given shall [¹²⁹ . . .] within four days from the receipt of the notice, deliver to the party giving the same a notice stating a time within three days from the delivery thereof and the place at which the document or such of them as he does not objected produce may be inspected and stating which if any, of the documents he objects to produce and on what grounds.

• (4) The inspection shall be given—

• (a) where a party is not acting by his solicitor, at his residence or place of business; or

• (b) where a party is acting by a solicitor, at the solicitor’s address for service;

but inspection of bankers’ books or other books of account or books in constant use for the purposes of any trade or business shall be given at their usual place of custody.

• (5) If any party served with a notice under paragraph (1) omits to give notice of a time and place for inspection in accordance with paragraphs (3) and (4), [¹³⁰ the judge or district judge as the case may be] may on application make an order for inspection at such time and place as he thinks fit.

• (6) An application to inspect documents [¹²⁹ . . .] shall be supported by an affidavit showing—

• (a) of what documents inspection is sought;

• (b) the grounds on which inspection of them is sought; and

• (c) that they are in the possession or power of the other party;

but [¹³⁰ the judge or district judge as the case may be] shall not make an order for inspection if and so far as he is of opinion that it is not necessary either for disposing fairly of the proceedings or for saving costs.

Business books

3

• (1) Where inspection of any business books is applied for, [¹³⁰ the judge or district judge as the case may be] may, if he thinks fit, instead of ordering inspection of the original books, order a copy of any entries therein to be furnished and verified by the affidavit of some person; who has examined the copy with the original entries, and the affidavit shall state whether or not there are in the original book any and if so what erasures, interlineations or alterations.

• (2) Notwithstanding that a copy has been supplied under paragraph (1), [¹³⁰ the judge or district judge as the case may be] may order inspection or production of the book from which the copy was made.

Privilege

4

Where privilege is claimed for any document, [¹³⁰ the judge or district judge as the case may be] may inspect the document for the purpose of deciding whether the claim of privilege is valid.

Possession of specified documents

5

• (1) [¹³¹The judge or district judge as the case may be] may, on the application of any party to proceedings at any time and whether [¹³² a list of] documents has or has not already been ordered or made, make an order requiring any other party to state by affidavit whether any particular document or class of documents, specified or indicated in the application, is or has at any time been in his possession, custody or power, and if not then in his possession, custody or power, when he parted with the document or documents and what has become of it or them.

• (2) The application shall be supported by affidavit stating that in the belief of the deponent, the party against whom the application is made has, or at some time has had, possession, custody or power of the particular document or class of documents specified or, indicated in the application, and that it relates to a matter in question in the proceedings.

Postponement of discovery

6

[¹³⁴ The judge or district judge as the case may be] may postpone any application for discovery or inspection of documents until after the determination of any issue or question in dispute.

Security

7

• (1) A party making application for discovery of documents may be ordered to pay into court as security such sum as [¹³⁴ the judge or district judge as the case may be] thinks fit.

• (2) An order for discovery shall state the amount ordered to be paid into court, or that payment into court is dispensed with and, where payment into court is ordered, the party seeking discovery shall within the order for discovery serve a copy of the receipt for the payment into court, and the party from whom discovery is sought shall not be bound to make discovery unless and until the said copy has been served.

Order for production of documents

8

[¹³⁴ The judge or district judge as the case may be] may at any stage of the proceedings order the production upon oath by any party thereto of any documents in his possession, custody or power, relating to any question in the proceedings, and [¹³⁴ the judge or district judge as the case may be] may deal with the documents when produced in such manner as he considers just.

Non-compliance with the order

9

Where an order for discovery, inspection or production of documents is not complied with, [¹³⁵ then [¹³⁴ the judge or district judge as the case may be] may make such order as he thinks just, including, in particular, an order that the proceedings be dismissed or, as the case may be, an order that the notice of intention to defend be struck out and judgment be entered accordingly.]

Outlay and fees on proceedings under this Order

10

No outlay or fees incurred or paid by any party on or in connection with any proceedings under this Order shall be repaid to that party by any other party to the proceedings unless [¹³⁴ the judge or district judge as the case may be]—

• (a) is satisfied that in the circumstances of the case it was necessary or expedient to invoke the provisions of this Order; and

• (b) makes an order requiring such repayment.

Order to apply to minors

11

This order shall apply to minor plaintiffs and defendants and their next friends and guardians ad litem.

ORDER 16 — Sitting in chambers

1

[¹⁴⁰ The judge or district judge as the case may be] may sit in chambers at any time and place and before, at or after the ordinary sittings of his court for the despatch of such part of the jurisdiction of his court as can without detriment to the public interest be heard in chambers, or for such matters as [¹⁴⁰ the judge or district judge as the case may be] shall from time to time think may be more conveniently disposed of in chambers than in open court.

Adjournment from court to chambers and vice versa

2

• (1) [¹⁴⁰ The judge or district judge as the case may be] may when sitting in open court adjourn for consideration in chambers any matter which in his opinion would be more conveniently disposed of in chambers.

• (2) [¹⁴⁰ The judge or district judge as the case may be] may when sitting in chambers direct any matter to be heard in open court which he thinks ought to be so heard.

Mode of proceeding

3

Unless otherwise provided, every application at chambers not made ex parte shall be made by summons in Form 70.

ORDER 17 — References, accounts and inquiries

PART I — REFERENCES UNDER ARTICLE 32 OF THE ORDER

Order for reference

1

• (1) An order under Article 32 of the Order for the reference of any proceeding or question or matter of account to the [¹⁴¹ district judge] or other officer (in this Order referred to as “the officer”) for inquiry or report may be made at any stage of the proceedings by [¹⁴² the judge] of his own motion or on the application of any of the parties.

• (2) In making an order for such a reference, [¹⁴² the judge] may give all such directions as he thinks fit as to the time and place of the sittings thereof, notices to the parties affected thereby, the summoning of witnesses and the time and place for the consideration of the report thereon.

Conduct of reference

2

• (1) Subject to any order of [¹⁴² the judge] as to the conduct of the reference—

• (a) the officer shall hear any parties entitled to attend, and their counsel or solicitors;

• (b) the officer may inspect any property or thing concerning which any question arises;

• (c) the attendance of witnesses may be enforced by summons and the inquiry shall be conducted in the same manner, as nearly as circumstances permit, as if the inquiry were the hearing of an action;

• (d) subject to the provisions of paragraph (3), the officer shall have the powers of a judge with respect to the administration of oaths, taking of affidavits, discovery and production of documents and in the conduct of the inquiry;

• (e) the officer may submit or may direct any of the parties to submit for the decision of [¹⁴² the judge] any question arising in the inquiry.

• (2) Where a matter of account is referred to the officer, the officer, in addition to any powers conferred by paragraph (1), may—

• (a) direct any accounting party to make out and furnish his account within a time to be stated;

• (b) give directions as to the manner in which the account is to be taken or the inquiry made and as to the bringing of all necessary parties before the court;

• (c) direct and settle advertisements to be published for creditors or persons having or claiming an interest in the subject-matter of the proceedings;

• (d) direct that any books of account, in which any account required to be taken has been kept, shall be taken as prima facie evidence of the truth of the matter therein contained;

• (e) fix a time for adjudicating on claims;

• (f) give such other directions as he may think proper.

• (3) Nothing in this Rule shall authorise the officer to commit any person to prison, or to enforce any order by attachment.

Application of provisions of Part II

3

[¹⁴³ The judge] may direct that any of the provisions of Part II which he considers appropriate shall apply to any particular reference under this Part.

PART II — ACCOUNTS AND INQUIRIES IN EQUITY PROCEEDINGS

Form of primary decree

4

A primary decree in equity proceedings directing accounts to be taken or inquiries to be made shall be in such one of Forms 71 to 79 as is applicable to the case.

General account

5

Unless [¹⁴³ the judge] otherwise orders, every order for a general account of the estate of a deceased person shall direct an inquiry as to what parts (if any) of such estate are outstanding or undisposed of.

Taking of accounts and making, inquiries

6

• (1) Where a primary decree in equity proceedings directs that an account be taken or inquiries made—

• (a) the account shall be taken and the inquiries shall be made by the [¹⁴⁴ district judge] (in this Part referred to as “the officer”);

• (b) the provisions of Rule 2 shall apply; and

• (c) the officer shall direct the chief clerk to issue a summons to proceed in Form 70 addressed to all parties required or entitled to attend directing their attendance at such courthouse or other place which the officer considers to be convenient to the parties; and such summons shall be prepared and served by the party or solicitor having carriage of the proceedings and shall be returnable not less than fourteen days from the date of issue.

• (2) Where an account is directed to be taken—

• (a) the accounting party shall, unless [¹⁴³ the judge] otherwise directs, make out his account in writing and verify it by affidavit;

• (b) the items on each side of the account shall be numbered consecutively; and

• (c) the account shall be exhibited to the affidavit which shall be lodged in the Office.

Advertisements

7

• (1) Where an advertisement is published for creditors, incumbrancers, next-of-kin or persons having or claiming interests in the subject-matter of the proceedings, the advertisement shall direct the claimants to send to the officer or to the solicitor having carriage within a stated time their names and addresses and full particulars of their claims, and the nature of the security (if any) held by them, and shall fix a date for adjudicating on the claims.

• (2) The officer may direct and settle any such advertisement at the time of the issue of any summons to proceed or at any hearing of the reference and such advertisement shall before the beginning of a period of fourteen days ending on the date for adjudication on claims be inserted by the party or solicitor having carriage of the proceedings in such newspapers as the officer shall direct.

• (3) On the expiration of the time fixed by the advertisement the officer may—

• (a) require an affidavit from the party or solicitor having carriage as to any claims received by him pursuant to the advertisement and as to the result of the investigation by that party or solicitor of any such claim:

• (b) adjudicate on the claims having regard only to those claims of which he then has notice.

Pedigree and proofs

8

On a request by notice in writing from the officer, every person claiming as heir-at-law, devisee, next-of-kin or legatee shall, within such time as is specified in the notice, produce or transmit to the officer any pedigree or proof mentioned in such notice.

Surcharge

9

A party seeking to charge an accounting party beyond what he has by his account admitted to have received, shall give notice to the accounting party stating the amount sought to be charged and particulars thereof and shall file a copy of such notice in the Office.

Claims of creditors

10

• (1) The officer may in Form 80 require any creditor—

• (a) to file an affidavit in support of his claim; or

• (b) to attend at the time appointed for adjudicating on claims; or

• (c) to produce at any time appointed for adjudicating on claims any, deeds or documents required to prove his claim.

• (2) Every secured creditor shall deliver his security at the Office before, or attend and produce his security at, the time appointed for adjudicating on claims.

• (3) At the time appointed for adjudicating on the claims, the officer shall take the evidence of the executor, administrator or other accounting party upon the claims, and may—

• (a) allow any of the claims without further proof,

• (b) direct an investigation of all or any of the claims not allowed and require such further particulars, information or evidence relating thereto as he may think fit; and

• (c) require any claimant to attend and prove his claim.

• (4) The officer shall give notice in Form 81 to every claimant whose claim has not been allowed.

• (5) The officer may allow to a claimant the costs of proving his, claim and any costs so allowed may be added to the claim.

Right of application to [ the judge]

11

Any party may, before the proceedings before the officer are concluded, apply by way of motion on notice to [¹⁴⁵ the judge] for his ruling upon any matter arising in the course of the proceedings.

Report to [ judge]

12

• (1) The report of the reference shall be made by the officer by certificate, in writing to [¹⁴⁶ the judge] in such one of Forms [¹⁴⁷ 82] to 86 applicable, and the certificate shall lie in the Office and may be inspected by any party, and a copy shall be supplied to any party on payment of the prescribed fee.

• (2) The party or solicitor having carriage of the proceedings shall, in such manner as the officer directs, give notice in Form 87 to all parties to the proceedings that the certificate may be inspected in the Office by any parties interested therein or affected thereby.

• (3) Any party to the proceedings—

• (a) may apply on not less than eight days’ notice for the consideration by [¹⁴⁶ the judge] of the officer’s certificate;

• (b) may, on giving at least four days’ notice to the chief clerk and the other parties, apply in Form 88 to [¹⁴⁶ the judge] on the day fired for the consideration of the certificate for a variation of the certificate or for the remittal of the certificate or any part of it for further inquiry or report.

• (4) On the hearing of an application for the variation or remittal of a certificate or any part of it, [¹⁴⁶ the judge] may confirm or vary the certificate and may make such order thereon in such one of Forms 89 to 96 or otherwise as he thinks fit or may remit it or any part of it to the officer for further inquiry or report.

• (5) Where no application is made to vary the certificate, [¹⁴⁶ the judge] shall, unless he otherwise orders, confirm the certificate and may make such order thereon as he thinks fit.

Order on applications for administration or execution of trusts, etc.

13

On an application for the administration of the estate of a deceased person or the execution of a trust or otherwise involving the taking of an account, where no accounts or insufficient accounts have been rendered, without prejudice to any other power, [¹⁴⁶ the judge]—

• (a) may order that the application shall stand over for a certain time, and that in, the meantime the accounting parties shall render to the applicant a proper statement of their accounts, and any such order shall contain an intimation that in default of compliance, the accounting parties may be ordered to pay the costs of the proceedings or such part thereof as [¹⁴⁶ the judge) may think fit;

• (b) where necessary to prevent proceedings by other persons, may make an order with a proviso that no proceedings are to be taken thereunder without leave of [¹⁴⁶ the judge].

Interpretation

14

In this Part “claimant” includes creditor and person having or claiming an interest in the subject-matter of the proceedings.

ORDER 18 — Receivers

Appointment

1

Where before, at or after the hearing of any proceedings it appears to [¹⁴⁸ the judge] expedient that a receiver be appointed, such appointment may be made by [¹⁴⁸ the judge] of his own motion or on the application of a party.

Security

2

Every receiver other than an officer of the court shall, unless otherwise ordered, give such security to the [¹⁴⁹ district judge] for the faithful discharge of his duties, and the payment over of money, as [¹⁴⁸ the judge] shall direct.

Remuneration

3

Every receiver shall receive such reasonable remuneration as [¹⁴⁸ the judge] may authorise.

Accounts

4

• (1) Every receiver shall deliver at the Office for examination by the district judge such accounts at such time or times as [¹⁴⁸ the judge] or [¹⁴⁹ district judge] may direct.

• (2) Where the duties of a receiver are continuous, no longer period than one year shall in any case be allowed between each examination of accounts.

• (3) Every such account shall, unless otherwise ordered, be verified by affidavit.

• (4) When any such account has been delivered, the chief clerk shall fix a time for the passing of the account and shall give notice thereof to the receiver and to the parties.

Passing account

5

At the time appointed for the passing of the account, the-receiver and any party may, and if required by the [¹⁴⁹ district judge] shall, attend at the Office and the [¹⁴⁹ district judge] may require the receiver to produce any vouchers necessary for verifying the account and may disallow any item not proved to his satisfaction.

Certificate of circuit registrar

6

The [¹⁴⁹ district judge] shall after examining the account make and sign a certificate stating the result of the examination.

Review by judge

7

The receiver or any person dissatisfied with the allowance or disallowance by the [¹⁴⁹ district judge] of any item in the account may within eight days from receiving notice of the signing of the certificate under Rule 6 apply to [¹⁴⁸ the judge] on notice for a review of the decision of the [¹⁴⁹ district judge], and the judge may make such order on the application as he thinks fit.

Direct payments by receiver

8

[¹⁴⁸ The judge] may order the receiver—

• (a) to pay from time to time out of any sums that may be in or come into his hands the head rents or other outgoings payable in respect of, and the interest upon, any mortgages or other charges upon any lands over which he is acting as receiver;

• (b) to pay over at any time to the party entitled to the beneficial interest or to the guardian of any minor any accruing rents or interest instead of paying them into court;

and may authorise the receiver to take credit for such payments in his accounts.

Payment of balance into court

9

Any balance certified to be due from the receiver shall, subject to any direction given by [¹⁵⁰ the judge] on review under Rule 7, be paid into court within fourteen days from the date of the certificate of the [¹⁵¹ district judge].

Default by receiver

10

Where any receiver has failed to deliver or pass any account or to make any payment certified to be due from him, [¹⁵⁰ the judge] may require the receiver to attend before him to show cause why such default has been made and may make such order as he thinks fit, including an order for enforcing any bond or security given by the receiver, and a direction to charge the receiver with interest at five per centum per annum on any balance which has remained in his hands for more than fourteen days from the date on which it was certified to be due, or [¹⁵⁰ the judge] may discharge the receiver and appoint another, and may make such order as to costs as he thinks just.

ORDER 19 — Assessors

Application for an assessor

1

A party who desires a person of skill and experience in the matter to which the proceedings relate to be appointed as an assessor to assist [¹⁵² the judge] shall, before the beginning of a period of eleven days ending on the day fixed for the hearing, on notice to the other party lodge in the Office an application together with the amount of the assessor’s fee, and thereupon the chief clerk shall send a copy of the application to [¹⁵² the judge].

Appointment of assessor

2

• (1) Before giving his decision on the application, [¹⁵² the judge] may hear both parties.

• (2) If [¹⁵² the judge] grants the application, the chief clerk shall give notice to the parties and shall appoint such person who is willing to act as may be agreed upon by the parties or in default of agreement as may be specified by [¹⁵² the judge].

Refusal of application

3

If the application is refused, the chief clerk shall so inform the parties.

Absence of assessor

4

If at the time and place appointed for the hearing the assessor appointed does not attend, [¹⁵² the judge] may hear the action or matter without his assistance.

[Remuneration

5

Every assessor shall receive for each half day’s attendance a fee of £43.00 together with such sum for his expenses as the judge or district judge may order.]

Fees for adjourned hearing

6

Where a hearing at which an assessor is in attendance is adjourned, the, party who applied for the appointment of an assessor shall forthwith upon the order of adjournment being made deposit in the Office the assessor’s fee for the day to which the hearing is adjourned.

Costs

7

Any sum paid in respect of assessor’s fees shall be costs in the proceedings, unless the judge otherwise orders.

Pilotage Act 1913

8

This Order shall not apply to an appeal under section 28 of the Pilotage Act 1913¹⁵⁴.

ORDER 20 — Arbitration

Fixing of date

1

Where proceedings are, in accordance with Article 31 of the Order, ordered to be referred to arbitration, the chief clerk shall cause the order to be forthwith lodged with the arbitrator thereby appointed who shall within fourteen days thereafter fix the date of the hearing after consultation with the parties or their solicitors.

Conduct of arbitrations

2

Every such reference shall be conducted as nearly as may be in the same manner and in accordance with the same rules and practice as a hearing by a [¹⁵⁵ judge].

Restriction on provision of copies of deeds, etc.

3

Where original deeds or documents are available, copies shall be brought in only by special direction of the arbitrator.

Arbitrator’s powers of adjournment, inspection, etc.

4

The arbitrator may hold the hearing at or adjourn it to any place which he may deem most convenient and may have any inspection or view which he may deem expedient for the better disposal of the matter before him.

Report to [ judge]; [ judge’s] powers thereon

5

The arbitrator to whom any cause or matter or any question or issue of fact arising therein has been referred may by his report submit any question arising out of the reference for the decision of [¹⁵⁵ the judge] or state any facts specially with power to [¹⁵⁵ the judge] to draw inferences therefrom, and in any such case such order shall be made on the submission or statement as [¹⁵⁵ the judge] may direct; and [¹⁵⁵ the judge] shall have power to require any explanations or reasons from the arbitrator, and to remit the cause or matter or any part thereof for further consideration to the same or to any other arbitrator; or [¹⁵⁵ the judge] may decide the question referred to any arbitrator on the evidence taken at the hearing under such reference either with or without additional evidence as [¹⁵⁵ the judge] may direct.

Witnesses’ expenses

6

The expenses of witnesses shall be measured by the arbitrator, as nearly as possible in accordance with the scales prevailing in the court from which the arbitration is referred and such expenses shall be set forth in the award and shall be subject to review by [¹⁵⁵ the judge].

ORDER 21 — Discontinuance [, Settlement] and payment into and out of court

Discontinuance by plaintiff

1

• (1) If a plaintiff desires to discontinue wholly or in part any proceedings against all or any of the parties thereto, he shall give notice thereof in writing to the party or parties as to whom he desires to discontinue, and pay or tender therewith the costs incurred by the party or parties up to the giving of the notice.

• (2) Where the payment or tender of costs is not made at the time of discontinuance of the proceedings or is insufficient, the defendant may apply to the court at which the proceedings are or would have been heard for a decree against the plaintiff for such costs and for the costs of attending the court to obtain such decree, and [¹⁵⁷ the judge or district judge as the case may be] may make such order as to costs as, having regard to any tender made by the plaintiff or other circumstances, he thinks just.

• (3) Where proceedings are not wholly discontinued against a party, costs awarded for the discontinued part of the proceedings shall not without leave of [¹⁵⁷ the judge or district judge as the case may be] be recovered before the proceedings are disposed of.

• (4) Discontinuance under this Rule shall not be a defence to any subsequent proceedings, but if subsequent proceedings are brought for substantially the same cause of action before the payment of the costs of the discontinued proceedings, [¹⁵⁷ the judge or district judge as the case may be] may stay the proceedings until the costs have been paid.

Payment into court

2

• (1) A defendant in any action may, subject to this Rule, [¹⁵⁹ [¹⁶⁰ upon] giving notice to] the plaintiff in Form 97 lodge in court in accordance with paragraph (2) such sum of money as he thinks sufficient to satisfy the plaintiff’s claim, together with an undertaking in writing to pay to the plaintiff such sum in respect of costs and expenses reasonably incurred by the plaintiff up to the date of lodgment as may be agreed upon between the parties, or in default of agreement as may on the application of either party in Form 99, and if necessary after both parties have been heard, be settled by the [¹⁶¹ district judge].

• (1A) ¹⁶² Where a defendant has withheld an amount from a payment into court in accordance with Article 24 of and paragraph 12(2)(a) (i) of Schedule 4 to the Social Security (Northern Ireland) Order 1989, the notice he gives under paragraph (2) of this rule must include the certificate of such deduction referred to in paragraph 12(3)(a) of the said Schedule.]

• (2) Lodgment in court under paragraph (1) may, [¹⁶³ subject to paragraph 4], be made—

• (a) in a remitted action within eight days of the date of the order of remittal [¹⁶⁴) . . .]

• (b) in any other action—

• (i) within twenty-eight days of service of the plaintiff’s medical evidence served in accordance with Rule 39 of Order 24;

• (ii) where medical evidence is served in accordance with Rules 40, 41, 47 or 48 of Order 24, within fourteen days of service of such evidence and in any case before the first day of hearing; or

• (iii) in any other case, within twenty-eight days of service of the notice of intention to defend.

[¹⁶⁵ . . .]

• (4) [¹⁶⁶ The judge or district judge as the case may be] in [¹⁶⁷ . . .] ordering sufficient particulars to be furnished may give leave for the making of any lodgment under this Rule, notwithstanding that the period specified in paragraph (2) has expired, and where such leave is given [¹⁵⁹ a lodgment may be made within 14 days of receipt of the further particulars furnished in compliance with the order of [¹⁶⁶ the judge or district judge as the case may be].]

• (5) Where under paragraph (1) the [¹⁶⁸ district judge] has settled a sum for costs and expenses, either party, within two days from such settlement may on notice to the other party and the [¹⁶⁸ district judge] appeal to [¹⁶⁹ the judge] against such settlement; and on such appeal [¹⁶⁹ the judge] may affirm or vary the sum so settled.

• (6) Money shall be paid into court by lodging it at the county court bank to the credit of the civil bill account in accordance with Order 45 Part I and where any money is so lodged a copy of the notice sent to the plaintiff under paragraph (1) shall be lodged [¹⁷⁰ . . .] with the bank, such [¹⁷⁰ . . .] copy being headed with the additional words “Civil Bill Account”.

• (7) Money paid into court shall remain in court subject to further order unless [¹⁷¹ a notice of settlement under Rule 1A has been entered in the order book of the court or] the plaintiff elects to take it out as hereinafter provided.

Payment out of court

3

• (1) ¹⁷² Where money is paid into court under Rule 2 the plaintiff may (subject to any order made by [¹⁶⁹ the judge or district judge as the case may be] [¹⁷³ . . .] such as is referred to in Rule 2(4) and to Rule 3A) within 28 days of receiving notification in accordance with Rule 2(1) that the defendant has made a payment into court, or subsequently with the consent of the defendant, sign and serve on the defendant and lodge with the chief clerk a notice in Form 98 accepting the amount in satisfaction of his claim.]

• (2) Subject to paragraphs (4) and (5), where money is accepted under paragraph (1) all proceedings in the action as between the plaintiff and the defendant who has paid the money into court shall be stayed, and the money paid into court shall be paid out to the plaintiff without the necessity of any decree or order of the court, and the said defendant shall not be liable to any further costs other than those payable under the undertaking given under Rule 2(1).

• (3) Within seven days from the day on which the parties agree on, or the [¹⁶⁸ district judge] settles, the amount due for costs and expenses under an undertaking given under Rule 2(1), or within seven days from the determination by [¹⁶⁹ the judge] of any appeal under Rule 2(5), the defendant shall pay that amount to the plaintiff, and in default the chief clerk may, on the application of the plaintiff of which at least seven days’ notice has been given to the defendant, issue a decree in Form 100. The costs of the application and the decree shall be in the discretion of the [¹⁶⁸ district judge].

• (4) Where notice of acceptance under paragraph (1) is served by or on behalf of a plaintiff under legal disability—

• (a) the money paid into court shall not be paid without an order of [¹⁶⁹ the judge or district judge as the case may be];

• (b) a notice of intention to apply to [¹⁶⁹ the judge or district judge as the case may be] for approval of such acceptance shall also be served on the defendant and lodged in the Office;

• (c) the application to [¹⁶⁹ the judge or district judge as the case may be] shall be made at the time when the action would, if no notice of acceptance has been served, have been heard by [¹⁶⁹ the judge or district judge as the case may be]; and

• (d) the plaintiff shall be entitled to his costs of the application unless [¹⁶⁹ the judge or district judge as the case may be] otherwise directs.

• (5) A plaintiff in an action for libel or slander who takes money out of court may apply for leave to make in open court a statement in terms approved by [¹⁷⁴ the judge or district judge as the case may be] in chambers. The chief clerk shall after consultation with [¹⁷⁴ the judge or district judge as the case may be] fix a time for the hearing of the application by [¹⁷⁴ the judge or district judge as the case may be] in chambers and shall give at least three days’ notice of the hearing to the plaintiff and the defendant and a copy of the proposed statement shall be sent with the notice to the defendant. The application shall be heard by [¹⁷⁴ the judge or district judge as the case may be] in private. The costs of and in connection with any such application and of the making of the statement in open court shall be in the discretion of [¹⁷⁴ the judge or district judge as the case may be].

Costs

4

• (1) Where money has been paid into court by any defendant and the plaintiff does not serve notice of acceptance under Rule 3 and does not obtain a decree against that defendant for an amount, exclusive of costs and expenses, greater than that paid into court, then—

• (a) ¹⁷⁶ where the plaintiff is not under legal disability and subject to sub-paragraph (c), he shall be entitled to recover from the defendant 75% of his solicitor’s costs and outlays (other than his counsel’s fee), calculated in accordance with the scale fee on the amount decreed; and he shall be liable for 25% of the defendant’s solicitor’s costs and outlays (other than the defendant’s counsel’s fee) and for 100% of the defendant’s counsel’s fee, both as calculated in accordance with the scale fee on the amount claimed.]

• (b) where the plaintiff is under legal disability, costs shall be in the discretion of [¹⁷⁴ the judge or district judge as the case may be].