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County Court Rules (Northern Ireland) 1981

Type Ni-Statutory-Rule

Publication 1981-01-01

Last updated 2025-11-26

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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(c) ¹⁷⁷ the division of responsibility for costs specified in sub-paragraph (a) may be varied in the discretion of [¹⁷⁴ the judge or district judge as the case maybe].]

(2) Where a defendant 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 plaintiff.

Payments into court not to be communicated to judge

5

Where money has been paid into court under Rule 2 that fact shall not be communicated to [¹⁷⁴ the judge or district judge as the case may be] before the determination of all questions of liability and the amount of debt or damages.

Decree

6

Where money has been paid into court by any defendant and the plaintiff does not serve notice of acceptance, a decree in favour of the plaintiff shall be in such one of Forms 101, 102, 103, 104 or 105 as may be appropriate.

Payment into court by defendant to counterclaim

7

Rules 2 to 6 shall apply mutatis mutandis in relation to payment into court by a defendant to a counterclaim.

Application

8

Rules 2 to 7 shall not apply—

(a) to an action where the defence is that of tender before action brought; or

(b) to actions in which the title or any corporeal or incorporeal hereditament comes in question.

ORDER 22 — Transfer, remittal and removal of proceedings

PART I — TRANSFER OF PROCEEDINGS FROM ONE COUNTY COURT TO ANOTHER

Generally

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Where Judge has interest in subject-matter

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Where officer of court is a party

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Where proceedings commenced in wrong court

4

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Transfer with or without an application

5

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Procedure on transfer

6

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Costs

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PART II — PROCEEDINGS REMITTED FROM THE HIGH COURT

Lodgment of documents in and entry of remitted actions

8

(1) Where under the provisions of any enactment an action is ordered by the High Court to be heard, or remitted by the High Court for hearing in a county court, the plaintiff shall lodge the original writ of summons or other originating process [¹⁷⁸ and all other pleadings] with the chief clerk ....

(2) ¹⁷⁹ The original writ of summons or other originating process and all other pleadings shall be lodged with the chief clerk in accordance with paragraph (1) within 14 days from the date of the order for remittal.]

[¹⁸⁰ . . .]

(6) Before lodging the writ of summons or other originating process in accordance with this Rule, the plaintiff shall ascertain that the chief clerk has received a copy of the order of remittal and all documents filed in the proceedings in the High Court in accordance with [¹⁸¹ Rule 8] of Order 78 of the Rules of the Court of Supreme Court (Northern Ireland) 1980¹⁸² and shall at the time of such lodgment attach to the summons or other process a certified copy of the notice of remittal served on him by the proper officer of the Court of Judicature in accordance with [¹⁸¹ Rule 8(a)] of that Order.

(7) Where the only issue in the action remitted for hearing in a county court arises solely on a counterclaim by a defendant, this Rule shall apply as if for references to the plaintiff and to the original writ of summons or other originating process there were substituted references to the defendant and to a copy of such writ or other process together with particulars of the counterclaim, as the case may be.

Costs payable out of money received

9

Where an order has been made by the High Court for payment of any costs to a solicitor out of the money recovered, the amount of such costs, if not paid before the money was received by the county court in accordance with Article 21 of the Order, shall, on the application of the solicitor, supported by the certificate of the taxing master or other appropriate officer of the High Court, be paid out of the money received, and any investments may be sold for that purpose if [¹⁸³ the judge or district judge as the case may be] or, in his absence, the chief clerk thinks fit.

Judge may require production of writ, etc.

10

[¹⁸³ The judge] may at any time require a next friend, guardian ad litem, [¹⁸⁴ controller] or widow to obtain and produce the writ, pleadings and any other document used in the proceedings in the High Court.

PART III — REMOVAL OF PROCEEDINGS TO THE HIGH COURT

Procedure on removal

11

(1) Where an order is made by the High Court for the removal of any proceedings from a county court to the High Court, the chief clerk shall—

(a) make and certify copies of all entries in the books of the court relating to the proceedings and send them to the proper officer of the High Court, together with all documents filed in the proceedings;

(b) the costs of removal shall be paid as provided in Rule 7.

ORDER 23 — References to the European Court

Interpretation

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Making of order

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Schedule to order to set out request for ruling

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Stay of proceedings pending ruling

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Transmission of order to the European Court

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ORDER 24 — Evidence

PART I — GENERALLY

Admission by any party

1

Any party to an action or matter may give notice to any other party that he admits the truth of the whole or any part of the case of the other party, and no expenses incurred after the receipt of the notice in respect of the proof of any matters admitted therein shall be allowed.

Evidence to be taken orally

2

(1) Save as otherwise provided by these Rules, the evidence of witnesses at the hearing of any action or matter shall be taken orally on oath, and where by these Rules evidence is required or permitted to be taken by affidavit, it shall nevertheless be taken orally on oath if [¹⁸⁷ the judge or district judge as the case may be], on any application before or at the hearing, so directs.

(2) ¹⁸⁸ The court may allow a witness to give evidence through a video link or by any other method of direct communication.]

Petitions

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Evidence in support of or in opposition to a petition may be by affidavit unless [¹⁹² the judge or district judge as the case may be] otherwise directs.

Power to order proof by affidavit

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(1) Subject to paragraphs (2) and (3), [¹⁹² the judge or district judge as the case may be] may at any time order that—

(a) any particular fact or facts may be proved by affidavit; or

(b) the affidavit of any witness may be read at the hearing on such conditions as [¹⁹² the judge or district judge as the case may be] thinks reasonable; or

(c) any witness whose attendance in court ought for some sufficient cause to be dispensed with be examined by interrogatories or before an examiner.

(2) Where it appears to [¹⁹² the judge or district judge as the case may be] that any party bona fide desires the production of a witness for cross-examination and that the witness can without undue expense be produced, an order shall not be made authorising his evidence to be given by affidavit.

(3) Nothing in any order made under paragraph (1) shall affect the power of [¹⁹² the judge or district judge as the case may be] at the hearing to refuse to admit evidence tendered in accordance with any such order if in the interests of justice he thinks fit to do so.

Use of affidavit without order

5

Where a party desires to use at the hearing an affidavit by any witness as to particular facts as to which no order has been made, he may, before the beginning of a period of six days ending on the day of the hearing, give notice, accompanied by a copy of the affidavit, to the party against whom it is to be used, and unless the last mentioned party, before the beginning of a period of three days ending on the day of the hearing, gives notice to the other party that he objects to the use of the affidavit, he shall be taken to have consented to the use thereof and the affidavit may be used at the bearing unless [¹⁹⁴ the judge or district judge as the case may be] otherwise orders.

Use of affidavits, etc.

6

Where an affidavit or deposition is used in evidence by or on behalf of a party, the whole affidavit or deposition shall be put in by that party.

Evidence in mitigation of damages for libel or slander

7

In an action for libel or slander, the defendant shall not, without leave of [¹⁹⁴ the judge or district judge as the case may be], give evidence in chief, with a view to mitigation of damages, as to the circumstances in which the libel or slander was published or as to the character of the plaintiff, unless before the beginning of a period of seven days ending on the day of the hearing he furnishes particulars to the plaintiff of the matters as to which he intends to give evidence.

Notice of conviction, etc.

8

(1) Any party to proceedings who intends, in reliance on section 7 or 8 of the Civil Evidence Act (Northern Ireland) 1971¹⁹⁵, to adduce evidence of a conviction, finding of adultery or an adjudication of paternity shall serve on every party to the proceedings notice in Form 118 of such intention with particulars of—

(a) the conviction, finding or adjudication and the date thereof;

(b) the court or court-martial which made the conviction, finding or adjudication; and

(2) Where the plaintiff or any party initiating proceedings serves such notice he shall annex it to the civil bill or other process and to any copy served on any other party.

(3) Where a defendant or party other than the plaintiff or a party initiating the proceedings serves such notice, it shall be served within ten days of service of the civil bill or other process upon him.

(4) If a party upon whom notice is served under this Rule—

(a) denies the conviction, finding or adjudication; or

(b) alleges that it was erroneous; or

he shall, within ten days of service of the notice, serve a counter-notice in Form 119 on the party by whom the notice was served and on any other party to the proceedings.

(5) Nothing in this Rule shall apply to evidence intended solely to impeach the credit of a party or witness and which is not otherwise relevant to any issue in the proceedings.

Witness summons

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(1) Subject to paragraph (2), where any party to any action or other proceedings desires a person to be summoned as a witness to give oral evidence at the hearing in court or to produce at the hearing in court a document in his possession or control, a chief clerk ..., or other officer of the court authorised by him for the purpose, shall, on the application of the party, issue a witness summons in Form 110 together with a copy thereof.

(2) Where the chief clerk has reason to believe that any application for a witness summons, not being an application by a party through his solicitor, is frivolous or vexatious, he may refer the application to [¹⁹⁶ the judge or district judge as the case may be] and [¹⁹⁶ the judge or district judge as the case may be] may thereupon direct the issue of the summons or otherwise deal with the matter as to him seems just.

(3) The applicant shall, if the chief clerk or other such officer as aforesaid so requests, produce the civil bill or other originating process.

(4) Each original summons shall bear a stamp of the prescribed amount and each such summons and each copy thereof shall be entitled as in the civil bill or other originating process to which it relates and shall contain the name of one witness only but, where the application is made by a party through his solicitor, may as regards the name of the witness be issued in blank.

(5) Unless [¹⁹⁶ the judge or district judge as the case may be] otherwise directs, the summons shall, a reasonably time before the day fixed for the hearing, be served by the delivery of a copy thereof to the witness personally by—

(a) a process server for the district in which the witness resides; or

(b) the solicitor for the party issuing the summons or a solicitor acting as an agent for such solicitor or some person over sixteen years of age employed by either solicitor to serve the document.

(6) Where the summons is to be served by a process server, any money to be paid or tendered under paragraph (7) shall be sent to him together with the summons and the copy thereof.

(a) ¹⁹⁷ Subject to sub-paragraph (b) there shall be paid or tendered to the witness at the time of service of the summons [¹⁹⁸ the fee set out in paragraph (7A)] for a police officer or [¹⁹⁹ . . .] for any other person and, in addition, a sum reasonably sufficient to cover his expenses in travelling to and from the court,

(b) in proceedings under Rule 4 or 5 of the Order 40 there shall be paid or tendered to the defendant at the time of service of the summons a sum reasonably sufficient, to cover his expenses in travelling to and from the court.]

(7A) The sum to be paid or tendered under paragraph (7)(a) to—

(a) a police officer is £17.00; and

(b) any other person is £23.00.

(8) The endorsement of service of a witness summons shall be in Form 111.

Order for bringing up prisoner to give evidence

10

(1) The application for an order under Article 44 of the Order for bringing up before a court any person confined in any prison or place under any sentence or under commitment for trial or otherwise to be examined as a witness in any proceedings pending in a county court may be made at any time to the Office.

(2) The order shall be in Form 112.

Notice to admit specific facts

11

(1) Any party may by notice in Form 113 call on any one or more than one of the opposite parties to admit, for the purpose of the action only, any specified facts mentioned in the notice.

(2) If the party served with the notice does not admit the facts mentioned in the notice by delivering a written admission thereof in Form 114 within three days after receiving the notice, he shall pay the costs of proving such facts, irrespective of the result of the action or matter, unless [²⁰⁰ the judge or district judge as the case maybe] otherwise orders.

Provided that—

(a) any admission made in pursuance of the notice shall be used only for the purposes of the particular action or matter, and shall not be used against the party making it on any other occasion, or in favour of any person other than the party to whom it is made; and

(b) [²⁰⁰ the judge or district judge as the case may be] may for good and sufficient cause and on such terms as to him seem just at any time allow any party to amend or withdraw any admission so made.

Notice to admit documents

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(1) Where a party desires to adduce any document in evidence, he may, before the beginning of a period of six days ending on the day of the hearing, give notice to any other party who is competent to make admissions requiring him to inspect and admit the document.

(2) The expenses of proving any document shall not be allowed unless such notice has been given, except in cases where, in the opinion of [²⁰⁰ the judge or district judge as the case may be] at the hearing, the omission to give notice has not substantially increased the expense.

Notice to produce

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A notice to produce documents may be in Form 115.

Evidence of service of notice to admit or produce

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An affidavit of a party or his solicitor, or some person in the employment of such solicitor, or his solicitor agent of the service of a notice to admit or produce and of the time when it was served, together with a copy of the notice to admit or produce, shall be sufficient evidence of the fact and time of service.

Documents produced from proper custody and office copies of judgments and decrees of other courts

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(1) Where a document which would, if duly proved, be admissible in evidence, is produced to the court from proper custody, it shall be admitted without further proof if—

(a) in the opinion of [²⁰¹ the judge or district judge as the case may be] it appears genuine; and

(b) no objection is taken thereto;

and, if the admission of any document so produced is objected to, [²⁰¹ the judge or district judge as the case may be] may adjourn the hearing for proof of the document and, if it is proved, the party objecting shall pay the costs occasioned by the objection, unless [²⁰¹ the judge or district judge as the case may be] otherwise orders.

(2) In every proceedings before a county court, an office copy of any judgment decree or order made by or before any court in Northern Ireland and certified to be a true copy by the proper officer of such court shall be deemed and taken as prima facie evidence of such judgment, decree or order.

Evidence of court records

16

A copy of any entry in a book or other document prescribed for the purpose of keeping a record of or in relation to any proceedings in a county court shall for the purposes of Article 57 of the Order be authenticated by a certificate endorsed on the copy, which copy shall be signed by the chief clerk.

Proof of valuation of lands

17

Without prejudice to any other enactment regarding proof of the valuation of lands, a copy or extract certified by the Commissioner of Valuation or an officer on his behalf to be a true copy of the latest [²⁰² capital value list or NAV list] relating to the hereditament shall, for the purposes of any proceedings in a county court, be sufficient proof of the valuation of such hereditament until the contrary is shown.

Proof of handwriting

18

In any proceedings [²⁰¹ the judge or district judge as the case may be] may, upon such terms as he may think proper, receive in evidence proof of the handwriting of any party or of any subscribing witness to any instrument whatsoever.

Practice as to taking evidence

19

The practice with reference to the examination, cross-examination and re-examination of a witness at the hearing of an action shall extend and be applicable to oral evidence taken in any proceedings at any stage.

Order for examination of witnesses out of court

20

(1) [²⁰¹ The judge or district judge as the case may be] may, at any stage of any proceedings, make an order for the examination on oath of any person (in this Rule called “the witness”) at any place in Northern Ireland.

(2) The examination may be ordered to take place before—

(a) any officer of the court making the order; or

(b) the [²⁰³ district judge] or chief clerk ...; or

(3) The order may require the attendance of the witness—

(a) for examination; or

(b) to produce any document which he could be compelled to produce at the hearing of the proceedings.

(4) The order shall be in Form 116 and shall be served on the witness personally a reasonable time before the day fixed for the examination and at the same time there shall be paid or tendered to the witness the sums prescribed by Rule 9(7).

(5) The party on whose application the order was made shall furnish to the person taking the examination (in this Rule called “the examiner”) copies of all documents necessary to inform the examiner of the questions in issue between the parties.

(6) The parties shall be at liberty to attend the examination with or without counsel or solicitors.

(7) The examiner may administer an oath to the witness who may be examined, cross-examined and re-examined as at the hearing of an action.

(8) The deposition shall be taken down in writing—

(a) by or in the presence of the examiner; and

(b) by question and answer.

(9) The examiner may put any question to the witness as to the meaning of any answer or as to any matter arising in the course of the examination.

(10) The examiner shall not have power to decide upon the materiality or relevancy of any question but, if a question is objected to, he shall take down the question and the answer thereto and make a note of the objection on the deposition.

(11) if the witness objects to any question put to him before an examiner, the question and the objection shall be taken down by the examiner and the validity of the question shall be decided by [²⁰⁴ the judge or district judge as the case may be].

(12) If the witness refuses—

(a) to attend; or

(b) to be sworn; or

(d) to produce any document;

a certificate of such refusal shall be made and signed by the examiner and filed in the Office, and the party requiring the attendance of the witness may apply to [²⁰⁴ the judge or district judge as the case may be] for an order directing the witness—

(i) to attend; or

(ii) to be sworn; or

(iii) to answer any question; or

(iv) to produce any document;

as the case may be, and [²⁰⁴ the judge or district judge as the case may be] may thereupon make such order as he thinks fit.

(13) The examiner may, and if need be shall, make a special report to [²⁰⁴ the judge or district judge as the case may be] touching the examination and the conduct or absence of the witness, and [²⁰⁴ the judge or district judge as the case may be] may thereupon direct such proceedings or make such order as he thinks fit.

(14) When the examination of the witness has been concluded, the deposition shall be read over to the witness and shall be signed by him in the presence of such of the parties or their representatives as may attend, and shall be signed by the examiner and filed in, the Office.

(15) If the witness refuses to sign the deposition, the examiner shall make a note of the refusal on the deposition, and the deposition shall be admissible in evidence notwithstanding that it is not signed by the witness.

(16) The deposition shall not be admitted in evidence at the hearing unless—

(a) the witness is dead or out of Northern Ireland or unable from sickness or other infirmity to attend the court; or

(b) the parties consent to its being admitted; or

but, subject as aforesaid, the deposition shall be admissible in evidence, saving all just exceptions, without proof of the signature of the examiner.

(17) Costs, fees and expenses pursuant to an order under this Rule shall be in the discretion of [²⁰⁵ the judge or district judge as the case may be] and shall be of such amount and payable by such party as [²⁰⁵ the judge or district judge as the case may be] shall determine.

Affidavits

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(1) Subject to any Rule or Form to the contrary all affidavits shall—

(a) be expressed in the first person; and

(b) be drawn up in paragraphs and numbered; and

(d) be made by some person who has knowledge of the facts, stating–

(i) the deponent’s residence and occupation; and

(ii) what facts are within his own knowledge, and his means of knowledge; and

(iii) what facts are deposed to on information derived from other sources and what the sources are.

(2) Where a party is a corporate body, and affidavit required or authorised by any enactment (including these Orders) to be made by that party may be made by a director, secretary or other officer authorised by the corporate body for that purpose.

(3) In any affidavit made by two or more deponents the names of all the deponents shall be inserted in the jurat, but if the affidavit of all the deponents is sworn at one time before the same person, it shall be sufficient to state that it is sworn by both or all of the above-named deponents.

(4) Every affidavit shall be intituled in the action or matter in which it is sworn and a note shall be appended to every affidavit stating on whose behalf it is filed, and the note shall be copied on every office or other copy furnished to a party.

(5) An affidavit shall not be filed which has been sworn before a person who, when it was sworn, was a party to the proceedings, the solicitor acting for the party on whose behalf it is to be used, or such solicitor’s agent, partner or clerk.

(6) Before any affidavit is used it shall be filed in the Office but in an urgent case [²⁰⁵ the judge or district judge as the case may be] may make a decree upon the undertaking of the party to file any affidavit used by him before it is filed, but the decree shall not be issued until the affidavit has been filed.

(7) Where a party desires to cross-examine a deponent who has made an affidavit filed on behalf of the opposite party the following provisions shall apply—

(a) he may serve on the opposite party a notice requiring the production of the deponent for cross-examination at the hearing;

(b) if the party served with the notice does not produce the deponent at the hearing, he shall not be entitled to use the affidavit as evidence without leave of [²⁰⁶ the judge or district judge as the case may be];

(c) a witness summons may be issued on the application of the party served with the notice for the purpose of summoning the deponent to attend for cross-examination.

(8) Unless [²⁰⁶ the judge or district judge as the case may be] otherwise orders, no affidavit shall be filed or used in any proceedings—

(a) which is blotted so as to obliterate any word; or

(b) which is illegibly written; or

(d) which is so imperfect, by reason of having blanks therein or otherwise, that it cannot be easily read or understood; or

(e) if there is any interlineation, alteration or erasure in the body of the affidavit or jurat, unless the person before whom the affidavit was sworn has initialled the interlineation or alteration, and in the case of an erasure has re-written and signed in the margin of the affidavit any words or figures written on the erasure.

(9) Where the chief clerk refuses, under paragraph (8), to file an affidavit he shall give notice in Form 117 to the party presenting the affidavit for filing.

(10) Where it appears to the person administering the oath that the deponent is illiterate or blind, he shall certify in the jurat that—

(a) the affidavit was read in his presence to the deponent; and

(b) the deponent seemed perfectly to understand it; and

and the affidavit shall not be used in evidence without such a certificate, unless [²⁰⁶ the judge or district judge as the case may be] is otherwise satisfied that it was read over to and appeared to be perfectly understood by the deponent.

(11) [²⁰⁶ The judge or district judge as the case may be] may allow an affidavit to be used in evidence notwithstanding any defect by mis-description of parties or otherwise in the title or jurat or any other irregularity in the form of the affidavit.

(12) An affidavit of service shall state when, where, how and by whom service was affected.

Proceedings by or against the Crown

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In any proceedings by or against the Crown, [²⁰⁶ the judge or district judge as the case may be] may, where he thinks it necessary, make an order for the examination upon oath before an officer of the court or before any other person, and at any place, of any witness or person, and may empower any party to the proceedings to give such deposition in evidence therein on such terms (if any) as [²⁰⁶ the judge or district judge as the case may be] may direct.

[ PART II — HEARSAY EVIDENCE ADMISSIBLE UNDER THE CIVIL EVIDENCE (NORTHERN IRELAND) ORDER 1997

Interpretation and application of this Part

23

(1) In this Part “hearsay evidence” means evidence consisting of hearsay within the meaning of Article 3(3) of the Civil Evidence (Northern Ireland) Order 1997 (NI 21) (in this rule referred to as “the 1997 Order”).

(2) Expressions used in this Part and in the 1997 Order have the same meaning in this Part as they have in that Order.

(3) This Part applies in relation to the trial or hearing of an issue or question arising in any civil proceedings, and to a reference, inquiry or assessment of damages, as it applies to the trial or hearing of any civil proceedings.

Notice of intention to give in evidence statement under section 1 or 2 of Act

24

(1) Where a party to civil proceedings adduces hearsay evidence of a statement made by a person but does not call the person who made the statement to give evidence, the court may, on the application of another party, allow that other party to call and cross-examine the person on the statement as if he had been called by the first-mentioned party and as if the hearsay statement were his evidence in chief.

(2) Where the court allows another party to call and cross-examine the person who made the statement, it may give such directions as it thinks fit to secure the attendance of that person as a witness and as to the procedure to be followed.

Statement admissible under section 1 of the Act of 1971: contents of notice

25

If—

(a) a party has indicated an intention to adduce hearsay evidence of a statement made by a person who will not be called to give evidence; and

(b) another party wishes to attack the credibility of the person who made the statement,

that other party shall, so far as is reasonable in the circumstances, notify the party tendering the hearsay evidence of his intention.]

Statement admissible by virtue of section 2 of the Act of 1971: contents of notice

26

(1) If the statement is contained in a document produced by a computer and is admissible by virtue of section 2 of the Act of I 97 I, the notice shall be in Form 121 and there shall be annexed to it a copy or transcript of the document containing the statement, or of the relevant part thereof, and must contain particulars of—

(a) a person who occupied a responsible position in relation to the management of the relevant activities for the purposes of which the computer was used regularly during the material period to store or process information;

(b) a person who at the material time occupied such a position in relation to the supply of information to the computer, being information which is reproduced in the statement or information from which the information contained in the statement is derived;

and where there are two or more persons who fall within my of the foregoing sub-paragraphs and some only of those persons are at the date of service of the notice capable of being called as witnesses at the hearing, the person, particulars of whom are to be contained in the notice, must be such one of those persons as is at that date so capable.

(2) The notice must also state whether the computer was operating properly throughout the material period and, if not, whether any respect in which it was not operating properly or was out of operation during any part of that period was such as to affect the production of the document in which the statement is contained or the accuracy of its contents.

(3) If the party giving the notice alleges that any person, particulars of whom are contained in the notice, cannot or should not be called as a witness at the hearing for any of the reasons specified in Rule 27, the notice must contain a statement to that effect specifying the reason relied on.

Reasons for not calling a person as a witness

27

The reasons referred to in Rules 25(2) and 26(3) are that the person in question is dead, or beyond the seas, or unfit by reason of his bodily or mental condition to attend as a witness, or that despite the exercise of reasonable diligence it has not been possible to identify him, or that he cannot reasonably be expected to have any recollection of the matters relevant to the accuracy or otherwise of the statement to which the notice relates.

Counter-notice requiring person to be called as a witness

28

(1) Subject to paragraphs (2) and (3), any party on whom a notice under Rule 24 is served may, within ten days of service of the notice on him, give to the chief clerk and to the parry who gave the notice a counter-notice in Form 122 requiring that party to call as a witness at the hearing any person (naming him) particulars of whom are contained in the notice.

(2) Where any notice under Rule 24 contains a statement that any person, particulars of whom are contained in the notice, cannot or should not be called as a witness for the reason specified therein, a party shall not be entitled to serve a counter-notice under this Rule requiring that person to be called as a witness at the hearing unless he contends that that person can or, as the case may be, should be called, and in that case he must include in his counter-notice a statement to that effect.

(3) Where a statement to which a notice under Rule 24 relates is one to which Rule 30 applies, no party on whom the notice is served shall be entitled to serve a counter-notice under this Rule in relation to that statement, but the foregoing provision is without prejudice to the right of any party to apply to the court under Rule 30 for directions with respect to the admissibility of that statement.

(4) If any party by whom a notice under Rule 24 is served tails to comply with a counter-notice duly served on him under this Rule, then, unless any of the reasons referred to in Rule 27 applies in relation to the person named in the counter-notice, and without prejudice to the powers of the court under Rule 31, the statement to which the notice under Rule 24 relates shall not be admissible at the hearing as evidence of any fact stated therein by virtue of section 1 or 2 of the Act of 1971, as the case may be.

Determination of question whether person can or should be called as a witness

29

(1) Where a question arises whether any of the reasons specified in Rule 27 applies in relation to a person, particulars of whom are contained in a notice under Rule 24, the court may, on the application of any party to the proceedings, determine that question before the hearing in accordance with Order 14 or give directions for it to be determined before the hearing and for the manner in which it is to be determined.

(2) Unless the court otherwise directs, notice in Form 123 of any application under paragraph (1) shall be served on every other party to the proceedings.

(3) Where any such question as is referred to in paragraph (1) has been determined thereunder, no application to have it determined afresh at the hearing of the proceedings may be made unless the evidence which it is sought to adduce in support of the application could not with reasonable diligence have been adduced at the time of the disposal of the application under paragraph (1).

Directions with respect to statement made in previous proceedings

30

Where a party has given notice in accordance with Rule 24 that he desires to give in evidence at the hearing a statement falling within section 1(1) of the Act of 1971 which is contained in a record of direct oral evidence given in some other legal proceedings (whether civil or criminal), any party to the proceedings may apply to the court in accordance with Order 14 for directions as to whether, and if so on what conditions, the party desiring to give the statement in evidence will be permitted to do so and (where applicable) as to the manner in which that statement and any other evidence given in those proceedings is to be proved.

Power of the court to allow statement to be given in evidence

31

(1) Without prejudice to section 1(2)(a) of the Act of 1971 and Rule 30, the court may, if it thinks it just to do so, allow a statement falling within section 1(1) or 2(1) of the Act of 1971 to be given in evidence at the hearing of the proceedings notwithstanding that—

(a) the statement is one to which Rule 24(1) applies and that the party desiring to give the statement in evidence has failed to comply with that Rule; or

(b) that party has failed to comply with any requirement of a counter-notice relating to that statement which was served on him in accordance with Rule 28.

(2) Without prejudice to the generality of paragraph (1), the court may exercise its power under that paragraph to allow a statement to be given in evidence at the hearing if a refusal to exercise that power might oblige the party desiring to give the statement in evidence to call, as a witness at the hearing, an opposite party or a person who is or was at the material time the servant or agent of an opposite party.

Restriction on adducing evidence as to credibility of supplier of information, etc.

32

Where—

(a) a notice given under Rule 24 relates to a statement which is admissible by virtue of section 1 of the Act of 1971; and

(b) the person who originally supplied the information from which the record containing the statement was compiled, is not called as a witness at the hearing of the proceedings; and

(c) none of the reasons mentioned in Rule 27 applies so as to prevent the party who gave the notice from calling that person a witness;

no other party to the proceedings shall be entitled, except with the leave of the court, to adduce in relation to that person any evidence which could otherwise be adduced by him by virtue of section 4 of the Act of 1971 unless he gave a counter-notice under Rule 28 in respect of that person or applied under Rule 30 for a direction that that person be called as a witness at the hearing of the proceedings.

Notice required of intention to give evidence of certain inconsistent statements

33

(1) Where a person, particulars of whom were contained in a notice given under Rule 24, is not to be called as a witness at the hearing, any party who is entitled and intends to adduce in relation to that person any evidence which is admissible for the purpose mentioned in section 4(1)(b) of the Act of 1971 shall, within ten days after service of that notice upon him, give notice of his intention to do so in Form 124 to the chief clerk and to the party who gave the notice under Rule 24.

(2) If the statement was made otherwise than in a document, the notice must contain particulars of—

(a) the time, place and circumstances at or in which the statement was made;

(b) the person by whom, and the person to whom, the statement was made; and

(3) If the statement was made in a document, a copy of the document, or of the relevant part thereof, must be annexed to the notice and the notice must contain such (if any) of the particulars mentioned in paragraph 2(a) and (b) as are not apparent on the face of the document or part.

(4) The court may, if it thinks it just to do so, allow a party to give in evidence at the hearing of proceedings any evidence which is admissible for the purpose mentioned in the said section 4(1)(b) notwithstanding that that party has failed to comply with paragraph (1).

Counter-notice

34

Where—

(a) a party to proceedings serves a counter-notice under Rule 28 in respect of any person who is called as a witness at the hearing of the proceedings in compliance with a requirement of the counter-notice; and

(b) it appears to the court that it was unreasonable to require that person to be called as a witness;

then the court may determine the amount of any costs occasioned by reason of the service of the counter-notice on any other party, or direct that they shall be determined, and order that such amount be paid to that other party by the party who served the counter-notice.

ORDER 25 — Hearing and re-hearing

PART I — HEARING BY JUDGE

General

1

At the hearing of any action or other proceeding [²⁰⁹ the judge or district judge as the case may be] may hear the whole matter of the action or proceeding and give a decree thereon or grant any relief, redress, or remedy or make any order or give any direction he considers necessary to enable him to give a final decree on a day to which the hearing is adjourned.

Where proper parties are not before the court

2

Where at the hearing it appears to [²⁰⁹ the judge or district judge as the case may be] that there are any claims, estates, titles, rights, duties or liabilities upon which he cannot adjudicate by reason of all the proper parties not being before the court, he may order such parties to be made plaintiffs or defendants upon such terms as to adjournment, notices and costs as he thinks fit.

Where plaintiff does not appear or does not prove his claim

3

(1) If a plaintiff does not proceed with his civil bill or does not appear at the hearing of an action or other proceedings, the action or other proceedings may be struck out or dismissed without prejudice to the plaintiff’s proceeding by a new civil bill or other originating process.

(2) Where a plaintiff appears at the hearing of an action or other proceeding but fails to establish his case to the satisfaction of [²⁰⁹ the judge or district judge as the case may be], [²⁰⁹ the judge or district judge as the case may be] may dismiss the action or other proceeding either without prejudice to the plaintiff’s proceeding by a new civil bill or other originating process or on the merits as he thinks just.

(3) Where, an action or other proceeding has been dismissed without prejudice and a subsequent action or other proceeding for the same or substantially the same cause of action is brought before payment of any costs payable under the dismiss, [²⁰⁹ the judge or district judge as the case may be] may stay the subsequent action or other proceeding-until such costs have been paid.

Decree where defendant does not appear

4

(1) If the defendant (not being the Crown) does not appear, [²⁰⁹ the judge or district judge as the case may be], upon proof of service and of facts entitling the plaintiff to relief, may subject to paragraphs (2) to (4), give such decree or make such order as he considers just, and an endorsement of service or 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 may be accepted as proof of service.

(2) If the Crown does not appear on the hearing of any civil bill in which it is a defendant, the civil bill shall be adjourned to a date fixed by [²⁰⁹ the judge or district judge as the case may be], on such terms as to him may seem just.

(3) Notice of the date fixed shall be served upon the Crown in a manner to be directed by [²⁰⁹ the judge or district judge as the case may be], and shall set out that the case will be heard on the date named and such decree given or other order made as to [²⁰⁹ the judge or district judge as the case may be] may seem just, the Crown’s absence notwithstanding.

(4) If the Crown does not appear on the adjourned hearing [²¹⁰ the judge or district judge as the case may be] may, upon proof of service of such notice, proceed to hear and determine the case and may give such judgment or make such other order as to him may seem just.

If proceedings discontinued, etc., counterclaim may proceed

5

Where the defendant sets up a counterclaim and the claim of the plaintiff is discontinued, struck out, stayed or dismissed, the counterclaim may be proceeded with and the defendant, on proof thereof, may have a decree.

Non-appearance on a counterclaim

6

If a person, not originally a party to the proceedings, who has been served with a counterclaim does not appear at the hearing, [²¹⁰ the judge or district judge as the case may be] may proceed with the hearing and may give such decree or make such order as may be just against the person so served, or may adjourn the hearing and give such directions as he thinks fit.

Exclusion of counterclaim

7

Where [²¹⁰ the judge or district judge as the case may be] is of opinion that a counterclaim would be better disposed of in independent proceedings, [²¹⁰ the judge or district judge as the case may be] may of his own motion or on the application of any party order the counterclaim to be excluded.

Decree where counterclaim is established

8

(1) Where a counterclaim is established against the claim of the plaintiff and there is a balance in favour of one of the parties [²¹⁰ the judge or district judge as the case may be] may grant a decree in Form 139; but such a decree shall not be made in a case where Order 21 Rule 4(1)(a) applies.

(2) Subject to Order 21 Rule 4(1)(a), nothing in paragraph (1) shall affect the discretion of [²¹⁰ the judge or district judge as the case may be] to award costs in such proportions as he thinks fit.

Misjoinder of plaintiff not to defeat counterclaim

9

Where any person has been improperly or unnecessarily joined as a plaintiff, a defendant who has set up a counterclaim may proceed with the counterclaim against the other plaintiff.

Vexatious or irrelevant question

10

[²¹⁰ The judge or district judge as the case may be] may disallow any question put in cross-examination to any party or witness which appears to [²¹⁰ the judge or district judge as the case may be] to be vexatious or irrelevant.

Decision of questions without general order for execution of trusts, etc.

11

It shall not be obligatory on [²¹⁰ the judge or district judge as the case maybe] in any proceedings—

(a) for the administration of the estate of a deceased person; or

(b) for the execution of a trust;

to give a decree or make an order for the general administration of the estate or execution of the trust, if the questions between the parties can be properly determined without such decree or order.

Injunctions

12

(1) In any proceedings in which an injunction has been or might have been claimed, a plaintiff may, before or after decree, apply for an injunction to restrain the defendant from—

(a) the repetition or continuance of the wrongful act or breach of contract complained of, or

(b) the commission of any wrongful act or breach of contract of a like kind, relating to the same property or right of arising out of the same contract;

and [²¹¹ the judge or district judge as the case may be], in addition to giving a decree for such damages and costs as the plaintiff may be entitled to, may grant the injunction on such terms as may be just.

(2) An application under this Rule may be made—

(a) before the hearing of the action or matter in accordance with Order 14 Rule 6; or

(b) at or immediately after the hearing, in which case the order shall be included in the decree; or

Inspection by judge

13

[²¹¹ The judge or district judge as the case may be] may inspect any property or thing concerning which any question may arise in any proceedings.

PART II — HEARING BY [ DISTRICT JUDGE]

General

14

In the hearing of any action to which this Part applies, the [²¹² district judge] shall have and may exercise all the powers vested in [²¹¹ the judge] other than committal for contempt or default.

Proceedings to be heard by the circuit registrar

15

[²¹³ . . .]

Hearing by circuit registrar

16

Any action intended for hearing by the [²¹⁷ district judge] shall, subject to the provisions of Order 26, be heard and determined in like manner as actions are heard and determined by [²¹⁶ the judge].

17

Where by reason of death or unavoidable absence the [²¹⁷ district judge] is not present at the hearing of any action to which this Part applies the chief clerk or other officer of the court present shall open and adjourn or as the case may be, adjourn the hearing to such day as he thinks convenient.

Decree where defendant does not appear

18

(1) If the defendant (not being the Crown) does not appear, the [²¹⁷ district judge], upon proof of service and of facts entitling the plaintiff to relief, may, subject to paragraphs (2) to (4), give such decree or make such order as he considers just.

(2) If the Crown does not appear on the hearing of any civil bill in which it is a defendant, the civil bill shall be adjourned to a date fixed by the [²¹⁷ district judge], on such terms as to him may seem just.

(3) Notice of the date fixed shall be served upon the Crown in a manner to be directed by the [²¹⁷ district judge] and shall set out that the case will be heard on the date named and such decree given or order made as may seem just, the Crown’s absence notwithstanding.

(4) If the Crown does not appear on the adjourned hearing the [²¹⁷ district judge] may, upon proof of service of such notice, proceed to hear and determine the case and may give such judgment or make such other order as to him may seem just.

Records, costs and court fees

19

Subject to Order 26 proceedings heard before the [²¹⁷ district judge] shall for all purposes, including records, costs and court fees, be treated in like manner as if they had been heard before [²¹⁶ the judge], save that as regards costs, Rule 19(1)(a) of Order 55 shall not apply.

PART III — SETTING ASIDE JUDGMENTS AND ORDERS

New hearing and re-hearing

20

(1) Where in any case it is shown to the satisfaction of [²¹⁹ the judge or district judge as the case may be] that a decree has been obtained by fraud, misrepresentation, surprise, mistake or other irregularity, or because the civil bill or other initiating process did not come to the knowledge of the defendant in time, the person against whom the decree was obtained (in this Rule referred to as “the unsuccessful party”) may in accordance with this Rule apply for and obtain a hearing or re-hearing.

(2) An application for a hearing or re-hearing under this Rule shall, subject to paragraph (3), be made by motion ...; notice of such motion shall be lodged in the Office and shall be served on the solicitor for the party in whose favour the decree was obtained (in this Rule referred to as “the successful party”) or, where that party has sued in person, on that party within ten days from the day on which the unsuccessful party or his solicitor has notice of the decree or within such further time as [²¹⁹ the judge or district judge as the case may be] may consider reasonable.

(3) Where the notice alleges that the unsuccessful party did not have knowledge of the initiating process or that the process which was sought to be served by post in accordance with the provisions of Order 6 did not come to his knowledge in time to defend the action or to appeal in the matter, then if the chief clerk is satisfied that the successful party consents to a hearing or re-hearing of the case, he may grant the application without the motion being made to the court and in so doing, unless the parties are agreed as to incidence and amount of the costs in the application, may make such order as to costs as he thinks fit.

(4) The notice shall be signed by the unsuccessful party or his solicitor and shall state the grounds upon which the hearing or re-hearing is sought and the nature of the fraud, misrepresentation, surprise, mistake or other irregularity relied upon and the motion shall be moved on the first convenient day after the end of a period of four days from the date of the service of the notice on the successful party or his solicitor.

(5) Except where [²¹⁹ the judge or district judge as the case may be] otherwise directs, the service of the notice shall not operate as a stay of execution in the action unless the unsuccessful party lodges in the Office, together with a copy of the notice of motion, the amount for which the decree was made with costs.

(6) If it comes to the notice of the chief clerk that a decree may have been obtained by fraud, misrepresentation, surprise, mistake or other irregularity, he may bring the suspected irregularity to the attention of [²¹⁹ the judge or district judge as the case may be] and [²¹⁹ the judge or district judge as the case may be] may give such directions or make such further order as he considers just including an order for a hearing or re-hearing of the action.

(7) Upon any hearing or re-hearing under paragraph (1), (3) or (6) such order may be made (whether by way of affirmance, variation or rescission) subject to such conditions as [²¹⁹ the judge or district judge as the case may be] thinks proper and on any such hearing or re-hearing the costs shall be in the discretion of [²¹⁹ the judge or district judge as the case may be].

(8) Paragraphs (2) to (5) shall apply mutatis mutandis to the parties to a counterclaim.

[ ORDER 26 — Small Claims

Interpretation

1

In this Order—

“the applicant” means the person who makes the initial claim;

“the respondent” means the person against whom the initial claim is made;

“a counterclaim” means a claim which is made by the respondent against the applicant;

“the judge” means the district judge;

“a small claim” means an action to which Article 30(3) of the Order applies;

“small claims court” means a court which processes small claims;

“the small claims office” means the office of the small claims court which will process the small claim;

“the officer” means the person in the court office who processes the application for a small claim; and

“party” means the applicant or the respondent.

Proceedings to which this Order applies

2

No small claims application shall be made with regard to any claim which—

(a) is for damages for personal injuries;

(b) is for damages in respect of a road traffic accident;

(d) is made under Article 11 (Recovery of legacies, annuities, etc.) of the Order;

(e) concerns the title to land;

(f) is made under section 17 of the Married Women’s Property Act 1882;

(g) has been remitted by the High Court.

Commencement of proceedings under Article 30

3

(1) Subject to paragraph (2), where the claim is for a debt or other liquidated amount which does not exceed£5,000, the applicant may proceed by ordinary civil bill provided he includes, immediately after the Warning in the civil bill, the statement in Form 10A.

(2) If the respondent’s notice of intention to defend includes a request that the claim and any counterclaim be dealt with as a small claim, his request shall be granted.

Proceedings to which this Order does not apply

4

An application for a small claim must be made in Form 125.

Where proceeding; may be heard

5

The applicant must complete Part A of Form 125, setting out details of his claim, including any claim for interest under Article 45A of the Order or otherwise.

Application of the Arbitration Act (Northern Ireland) 1937

6

After completing Part A of Form 125, the applicant must bring or send the original Form, together with two copies and the appropriate fee, to any court office and that office will then forward the application on to the small claims office.

Issue of application

7

If there is more than one respondent, the applicant must bring or send one extra copy of Form 125 for each additional respondent.

Award

8

When the relevant forms and the appropriate fee are received in the small claims office, the officer will—

(a) complete Part B of the original Form 125 and the copy forms;

(b) file the original Form 125;

(c) return one copy of Form 125, together with Form 127 (application for default decree for liquidated amount) or 128 (application for default decree for unliquidated amount) to the applicant; and

(d) issue one copy of Form 125, together with Forms 126A (notice of dispute) and 126B (acceptance of liability) to the respondent.

Costs

9

Each court office shall keep a record of—

(a) the applications which are received; and

(b) the small claims office to which those applications are sent.

Interpretation

10

If the respondent intends to defend the claim or rely on a counterclaim he must, within 21 days of receiving the copy Form 125, lodge with the small claims office a notice of dispute in Form 126A which sets out the details of his defence and of any counterclaim he wishes to make, together with the appropriate fee.

ORDER 27 — European Small Claims Procedure

Interpretation

1

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

Where proceedings may be commenced

2

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

Particulars of claim

3

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

Applications

4

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

Issue of decree after postponement order

5

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

Forms

6

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

Application of Order to conditional sale agreements and saving for other Rules etc.

7

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

ORDER 28 — Payment into court by trustees

Payment into court by trustees

1

(1) Where a person desires to pay money or securities into court under section 63 of the Trustee Act (Northern Ireland) 1958²²⁵ he shall file in the Office an affidavit in Form 132 containing the information required thereby and shall pay the money or securities into court in accordance with Court Funds Rules.

(2) The costs incurred in the payment into court may be retained by the person making the payment into court.

(3) The chief clerk may require in addition to the affidavit such evidence as he thinks proper with regard to the matter in respect of which the payment is made into court.

(4) As soon as he receives it the chief clerk shall endorse on the affidavit a memorandum of the day on which it is filed and the affidavit shall be taken for all purposes to have been duly filed on the day so endorsed on it.

(5) On the filing of the affidavit, the chief clerk shall enter the matter in the books of the court, and shall send to each person mentioned in paragraph 4 of the affidavit at the address given therein a notice of the payment into court in Form 133.

(6) The persons filing the affidavit or any of them may apply to the chief clerk for a certificate in Form 134.

Application for payment out, etc.

2

Where a person desires to apply to the court for the investment or payment out of court of any money or securities paid into court under this Order, the following provisions shall apply—

(a) the application shall be made to [²²⁶ the judge] ex parte:

(b) [²²⁶ the judge] on the hearing of the ex parte application may require notice of the application to be served on such persons as he thinks fit, and fix a day for the further hearing;

(c) evidence in support of the application may be given by affidavit or in such other manner as [²²⁶ the judge] may direct.

ORDER 29 — [ Matrimonial Property Proceedings

1

(1) Where application is made under section 17 of the Married Women's Property Act 1882[^f00016] particulars of the question to be submitted to the decision of the judge shall be filed in the Office and thereupon a summons shall be issued in Form 135 and shall be served together with a copy of the particulars before the beginning of a period of 28 days ending on the entry day.

(2) All proceedings subsequent to the issue of the summons shall be had as if the proceeding had been commenced by an equity civil bill.

2

The judge shall direct what costs are to be allowed.

ORDER 30 — Consumer Credit Act 1974

1

In this Order “the Act” means the Consumer Credit Act 1974²³⁴, a section referred to by number means the section so numbered in the Act and expressions which are defined in the Act have the same meaning in this Order as they have in the Act.

2

Except in relation to any provision of the Act which applies to agreements entered into before 19th May 1985, nothing in this Order shall apply to agreements entered into before that date and the Rules in force immediately before that date shall continue to apply to those agreements.

ORDER 31 — PROCEEDINGS UNDER THE MATRIMONIAL CAUSES (NORTHERN IRELAND) ORDER 1978

1

Where application is made under Articles 35, 38 or 40 of the Matrimonial Causes (Northern Ireland) Order 1978, particulars of the question to be submitted to the decision of [²⁴⁴ the judge] shall be filed in the Office and thereupon a summons shall be issued in the form specified in Form 137 and shall be served together with a copy of the particulars [²⁴⁵ not less than 28 days before the date fixed for the hearing].

2

[²⁴⁴ The judge] shall direct what costs are to be allowed.

ORDER 32 — STATUTORY APPEALS, REFERENCES, APPLICATIONS AND CASES STATED

PART I — STATUTORY APPEALS, REFERENCES AND APPLICATIONS

Appeals

1

(1) This Rule shall apply, with any necessary modifications and subject to the provisions of the relevant enactment, to any appeal not otherwise provided for which under any enactment for the time being in force may lie to a county court against any order, determination, award or other decision of a tribunal (in this Order referred to as an “order”).

(2) Every such appeal (in this Order referred to as an “appeal”) shall be by way of re-hearing and where any question of fact is involved in an appeal, the evidence bearing on such question shall be given orally unless [²⁴⁶ the judge], as respects that evidence or any part thereof, otherwise directs.

(3) Every appeal shall be brought by notice of appeal intituled in the matter of the relevant enactment and as between the parties to the appeal, and shall set forth the grounds upon which the appellant relies.

(4) [²⁴⁷ Subject to paragraphs [²⁴⁸ (4A) to (4D)], every such notice] of appeal shall be served—

(a) within the time provided by the relevant enactment and if no time is so provided then within twenty-one days from the date on which the order was made or within such further period as [²⁴⁶ the judge], having regard to all the circumstances, may in his discretion allow;

(b) upon every body or person making, or affected by, the order; and

(4A) ²⁴⁹ If the appeal is brought under section 35A or section 40B of the Immigration and Asylum Act 1999 (in this Rule referred to as “the Act”)²⁵⁰ against a decision of the Secretary of State to impose a penalty under section 32 of the Act or a charge under section 40 of the Act, the appeal notice must, subject to paragraph (4B), be served within twenty-eight days after receiving the penalty notice or charge notice.

(4B) If notice of objection has been given to the Secretary of State under section 35(4) or section 40A(3) of the Act²⁵¹ within the time prescribed for doing so, the appeal notice must be served within 28 days after receiving notice of the Secretary of State’s decision in response to the notice of objection.]

(4C) ²⁵² If the appeal is brought under section 11 of the UK Borders Act 2007 (in this rule referred to as “the 2007 Act”) against a decision of the Secretary of State to impose a penalty under section 9(1) of the 2007 Act, the appeal notice must, subject to paragraph (4D), be served within twenty-one days from the date on which the penalty notice was received.

(4D) If notice of objection has been given to the Secretary of State under section 10 of the 2007 Act within the time prescribed for doing so, the appeal notice must be served within twenty-one days from the date on which the notice of the Secretary of State’s decision in response to the notice of objection was received.]

(5) Every appeal shall be entered in the Office by the appellant who shall send by prepaid post to, or leave at, the Office—

(a) a true copy or notice of the order if in his possession; and

(b) a true copy of the notice of appeal and endorsement of each service thereof;

so as to be received in the Office not later than [²⁵³ 28 days before the date fixed for the hearing].

(6) Every appeal shall be to the equity sittings held next after the expiration of a period of fifteen days from the day on which notice of appeal is served.

(7) An appellant may by his notice appeal against the whole or any part of the order and the notice shall state whether the whole or part only, and if part of which part, of the order is impugned.

(8) Upon the entry of an appeal the chief clerk may require the secretary, registrar or other proper officer of the tribunal to furnish to the Office a copy of the order.

(9) The chief clerk may make and issue to any party, or any person interested, a copy of the order.

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) Subject to the provisions of this Rule, [²⁵⁴ the judge] shall, in relation to an appeal, have the like powers and authorities as he has in the exercise of the jurisdiction of the court in equity matters.

(12) Subject to the provisions of the relevant enactment and of this Rule, the procedure, rules and practice for the time being in force in county courts with respect to equity proceedings shall apply to every appeal.

References

2

Rule 1 shall with any necessary modifications apply to any matter or proceedings not otherwise provided for where under any enactment for the time being in force any matter, question or issue whether of law or of fact may be submitted or referred to a county court for its opinion or decision.

Applications

3

Any applications (other than an application by way of appeal or reference) under the provisions of any enactment for the time being in force, not otherwise provided for, may be brought either in the manner in which similar or analogous applications are brought in the county court or in the manner (subject to any necessary modifications) in which appeals may be brought under this Order.

PART II — CASES STATED

Application of this Part

4

This Part shall apply, subject to the provisions of the relevant enactment and of the Rules of the Court of Judicature, to any case stated which, under the provisions of any enactment for the time being in force, may be stated for the opinion of the Court of Appeal.

Stating of case

5

(1) The judge may state a case on the application of any party.

(2) An application for a case stated shall be made in the manner and within the time provided by the relevant statute, and if not so provided, then such an application shall be made in writing by delivering it to the chief clerk within a period of [²⁵⁵ twenty-one days] commencing on the date on which the decision was given and a copy shall be given to the other party.

(3) The written application shall set out the precise point of law involved in the decision with which the applicant is dissatisfied.

(4) Subject to any directions of [²⁵⁶ the judge] in special circumstances, a case stated shall be prepared by the party applying for it and shall be submitted in draft form to the other party or parties for approval within one month from the day on which [²⁵⁶ the judge] directs the case to be stated.

(5) The party to whom the draft case is submitted shall within three weeks from the day on which it is submitted to him return it with his observations thereon to the party who prepared it.

(6) Every case stated shall be divided into paragraphs numbered consecutively and shall concisely state such facts and refer to such documents as may be necessary to enable the Court of Appeal to decide any question raised thereby.

Submission and transmission of case

6

(1) The party or parties preparing a case stated shall, within two months from the day on which [²⁵⁶ the judge] directs the case to be stated or such longer time as [²⁵⁶ the judge] may allow, submit it to [²⁵⁶ the judge] for approval and settlement.

(2) Any dispute between the parties as to the contents of the case stated shall be determined by [²⁵⁶ the judge].

(3) [²⁵⁶ The judge] shall within two months from receipt of a case stated approve and settle the case and shall—

(a) sign it and insert the date of such signature;

(b) where more than one party applies for a case stated, direct which applicant is to have carriage; and

(4) Subject to paragraph (2), the chief clerk on receiving the signed case stated shall—

(a) endorse thereon the date of receipt; and

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