County Court Rules (Northern Ireland) 1981

• (b) transmit to the applicant a signed case with the date of transmission also endorsed.

• (5) Where any enactment or any order of [²⁵⁶ the judge] requires a party having carriage of a case stated to fulfil any condition precedent (whether by way of giving security for costs, or of entering into a recognizance for the due prosecution of the case, or otherwise) to the entry of the case stated in the Court of Judicature, the chief clerk shall not transmit the case to the applicant until that condition has been fulfilled.

• (6) Where any such condition precedent is not fulfilled, or the party preparing the draft case does not submit it to [²⁵⁶ the judge] for approval and settlement, within the time fixed by the enactment or by these Rules or such longer time as [²⁵⁶ the judge] may allow, the application shall be deemed to be withdrawn and thereupon, if the case was stated—

• (a) after the determination of the proceedings, that determination shall stand affirmed;

• (b) before the determination of the proceedings, the proceedings, shall stand adjourned until the next succeeding sittings ....

• (7) Where the party to whom a draft case states has been submitted under Rule 5(5) makes default in complying with that Rule, the party having carriage may proceed in accordance with paragraph (1).

[ PART IIA — APPEALS FROM MAGISTRATES’ COURTS

Interpretation

7

In this Order the expression—

• “enactment” means an Act or statutory instrument or any provision of an Act or statutory instrument;

• “Supreme Court” includes any division or judge of that Court;

• “tribunal” means any court, authority, body or person making the order.

ORDER 33 — Decrees

Record of decrees

1

The chief clerk shall enter in the books of the court a minute of every decree made by the court.

Interest amount awarded by decree

2

Subject to Article 127 of the judgements Enforcement (Northern Ireland) Order 1981 the amount awarded by decree (not being a penal sum for securing principal and interest) including any interest and costs thereby awarded shall, subject to any direction by [²⁸³ the judge], carry interest at the rate of [²⁸⁴ 8] per centum per annum from the date on which the decree was made.

Recovery of value added tax

3

• (1) Subject to paragraph (2), in a decree there shall be added after the words “witnesses’ expenses” the words “and, in addition, any sum for value added tax recoverable by the plaintiff [or (in the case of a dismiss) defendant]”.

• (2) Paragraph (1) shall not apply [²⁸⁵ . . .] where value added tax is not recoverable by the successful party under Rule 4 of Order 55.

• (3) Before serving notice of intent under the judgement Enforcement Rules (Northern Ireland) 1981 to enforce a decree which orders the recovery of value added tax as provided for in Rule 4 of Order 55, the party in whose favour the decree was given shall forward the decree together with a certificate in Form 153 to the Office and the chief clerk shall endorse on the decree a statement to the effect that value added tax in the appropriate amount has been certified.

Lodgment of decree

4

• (1) It shall be the duty of the party in whose favour any order is made by [²⁸³ the judge] to forward the appropriate form of decree to the Office for signing and sealing; and, in the event of an appeal, such form of decree shall be lodged a reasonable time before the hearing.

• (2) Where the court makes an attachment of earnings order or an order under Article 107 of the Judgments Enforcement (Northern Ireland) Order 1981 or stays enforcement of any decree or order on the ground of the debtor’s inability to pay, the party in whose favour such order or decree is made shall, in addition to complying with paragraph (1), at the same time forward a copy thereof to the Office.

• (3) The chief clerk shall, after comparing the form of order or decree referred to in paragraph (1) with the copy forwarded under paragraph (2), certify such copy before transmitting it to the Enforcement of Judgments Office in accordance with Article 116 of the said Order of 1981.

Amounts for which decree issued to be in decimal currency

5

A decree for the payment of a sum of money must state the sum in decimal currency.

Issue of decree

6

—[²⁸⁶ . . .]

• (2) For the purposes of enabling all parties in whose favour a decree is given, either wholly or in part to secure execution thereon, the chief clerk may issue to the parties so entitled such number of decrees as may appear to him requisite to implement the orders of the court; and where more than one decree is or is to be issued there shall be endorsed on the face of every decree issued the words “issued to enable AB to obtain the relief provided for him herein”.

Decrees for debt or damages

7

• (1) A decree for debt or damages [²⁸⁷ . . .] shall be in Form 138.

• (2) A decree where a counterclaim has been established shall be in Form 139.

• (3) A decree for debt or damages in favour of a minor shall be in Form 140 and an order appointing a guardian to a minor and approving settlement of claims shall be in Form 141.

• (4) A dismiss of a civil bill for debts or damages shall be in Form 142.

Decrees for recovery of land

8

• (1) A decree for the recovery of land shall be in [²⁸⁸ Form 56,] Form 143 or Form 144 as appropriate.

• (2) A dismiss of a civil bill claiming recovery of land shall be in Form 145.

Stay of execution of decrees in ejectment

9

In all cases of decrees in ejectment, [²⁸⁹ the judge] may grant such stay of execution as he considers reasonable in the circumstances.

Stay of execution and removal thereof

10

• (1) The chief clerk shall endorse or cause to be endorsed on a decree the terms of any stay of execution granted by the court.

• (2) A decree shall not issue until such stay be removed.

• (3) A party seeking to remove a stay of execution upon default in complying with such terms shall lodge in the Office an affidavit setting out particulars of the default.

• (4) Where such default is in the payment of a sum by instalments or some or one of them, the affidavit shall set out particulars of and the amounts of the several instalments (if any) which have been paid and particulars of the default including the amount then due on foot of the decree.

• (5) The chief clerk shall, before issuing a decree, write and sign or cause to be written and signed on the face of the decree a statement that the stay of execution has been removed.

• (6) ²⁹⁰ Where the decree is such as is referred to in paragraph (4), the statement shall specify the total amount of the instalments (if any) paid to the date of the affidavit lodged under paragraph (3) and the decree shall issue for the whole amount remaining due on foot of the decree after deducting such instalments (if any) as have been paid thereunder as shown in the said affidavit but with the addition to the costs therein stated of a sum of £10.00

• (7) ²⁹¹ In the application of this rule to decrees issued under Order 26, references to “affidavit” shall be construed as references to a “statement of truth” and paragraph (6) shall be read as if the words from “but with” to the end were omitted.]

Decree for balance of rent and costs under section 61 of the Landlord and Tenant Law Amendment Act, Ireland, 1860

11

A decree for the balance of rent and costs under section 61 of the Landlord and Tenant Law Amendment Act, Ireland, 1860²⁹² shall be in Form 146.

Decree for payment of legacy or a distributive portion of the assets of an intestate

12

A decree for payment of a legacy shall be in Form 147 and a decree for payment of a distributive portion of the assets of an intestate shall be in Form 148.

Decrees in action of detinue

13

In actions [²⁹³ for wrongful interference with goods] the decree, if for the plaintiff—

• (a) may be in Form 149 and may be for the value of the goods detained together with a sum to be stated in the decree by way of damages for the detention and costs, but it may be part of the decree that the decree shall not issue if the defendant on or before a named day pays a specified sum for damages for the detention and costs and also returns the goods to the plaintiff and if the plaintiff accepts the same;

• (b) may be in Form 150 and may order the return of the goods, detained together with a sum to be stated in the decree by way of damages for the detention and costs.

Decree rectifying or setting aside deed

14

A decree rectifying a deed shall be in Form 151 and a decree setting aside a deed shall be in Form 152.

Order for preparation and execution of a deed

15

Where an order directs any deed to be prepared and executed, it shall state by what party the deed is to be prepared and to whom it is to be submitted for approval and who is to bear the costs thereof; and if the parties cannot agree as to the form of the deed, [²⁹⁴ the judge] may, on the application of either party, settle the same himself or name counsel by whom the same is to be settled, subject to the final approval of [²⁹⁴ the judge] and his discretion as to costs.

Sale of land

16

• (1) Where any land is ordered to be sold, the order shall direct who is to have the conduct of the sale, where the sale is to be held and by whom the conditions and contracts of sale and the abstract of title, if any such are necessary, is to be prepared.

• (2) Where any land is ordered to be sold, any party bound by the order and in possession of the estate, or in receipt of the rents or profits thereof, shall be compelled to deliver up possession or receipt to the purchaser, or such other person as may be named in the order.

• (3) Unless otherwise ordered, where an order is made directing any land to be sold—

• (a) the land shall be sold with the approval of [²⁹⁵ the judge] or subject to a reserved price fixed by the court at the best price that can be got;

• (b) all such parties as [²⁹⁵ the judge] directs shall join in the sale and conveyance and, where any party refuses or neglects to sign any necessary document, [²⁹⁵ the judge] may make an order vesting the land or authorising a specified person to sign such document on behalf of the party so refusing or neglecting; and

• (c) the person authorised by the conditions of sale to receive the purchaser’s deposit shall forthwith upon the privity of the Accountant General lodge the amount of such deposit in accordance with Court Funds Rules and when the sale is complete the balance of the purchase money shall be lodged in like manner.

• (4) A sale retained within the court shall be conducted in accordance with this Rule and Rule 18 and Order 34.

Sale of personal property

17

• (1) Where an order directs any personal property to be sold, the property shall be sold by public auction or private contract as [²⁹⁵ the judge] directs and shall, unless otherwise ordered, be sold with the approval of [²⁹⁵ the judge] at the best price that can be got.

• (2) Where any personal property is directed to be sold by public auction or to be detained or preserved, a receiver or such other person as [²⁹⁵ the judge] directs shall, if [²⁹⁵ the judge] so directs, superintend the sale, detention or preservation, and, where such property is directed to be sold by private contract, it shall be the duty of the receiver or other person as aforesaid unless [²⁹⁵ the judge] otherwise directs, to see that the directions of [²⁹⁵ the judge] are carried out.

• (3) This Rule shall not apply to an execution which is required to be made by the Enforcement of Judgments Office under a decree to which the Judgments Enforcement (Northern Ireland) Order 1981 applies.

Form of affidavit of value

18

Where an affidavit is made for the purpose of enabling the court to fix reserve biddings, the value of the property shall be stated in an exhibit so as not to be disclosed by the affidavit when filed.

Proof of payment of duty payable

19

Before making any payment under or issuing an order directing the payment or transfer of any fund in respect of which any death duties are payable to the revenue it shall be the duty of the chief clerk to require a certificate from the proper officer of, or the production of the receipt for, the payment of the duty chargeable in respect of the fund.

Order of High Court

20

Where the High Court has heard and determined an appeal from a decree of a county court, the party entitled to the benefit of the order made on appeal shall deposit in the Office the order of the High Court or an office copy thereof.

ORDER 34 — Sale Of Land By The Court

Application of this Order

1

This Order shall apply to the conduct of a sale which is to be retained within the court.

Approval of [ judge] or reserved bidding

2

The sale shall be subject to the approval of [²⁹⁶ the judge] or to a reserved bidding to be fixed by the court.

Counsel, valuers and auctioneers

3

[²⁹⁶ The judge] may from time to time appoint court conveyancing counsel, court valuers and court auctioneers either generally or for particular sales at such scales of fees as he may fix; and in default of any such appointments by [²⁹⁶ the judge], the [²⁹⁷ district judge] may nominate or approve appointments for particular sales.

Bidding by parties

4

A party to the suit shall not bid at the sale unless liberty to bid is given in the order for sale or the permission of [²⁹⁶ the judge] is obtained on application made on notice to the other parties to the suit.

Lodgment and approval of documents

5

• (1) The solicitor for the party having carriage shall lodge in the Office for the approval of the [²⁹⁷ district judge] and his directions thereon—

• (a) all documents of title in his possession or power;

• (b) unless dispensed with by the [²⁹⁷ district judge], the abstract of title;

• (c) draft particulars and conditions of sale in Form 154;

• (d) a draft advertisement; and

• (e) if so directed by the [²⁹⁷ district judge], a draft case for court counsel, drawing attention to any difficulties in connection with the title or the actual occupation of the property requiring special mention in the conditions of sale.

• (2) The above documents when approved by the [²⁹⁷ district judge] together with a copy of the certificate of the [²⁹⁷ district judge] on has inquiry as to incumbrancers shall, if so directed by him, be submitted to court counsel and, where no such direction is given, the documents mentioned in Rule 7 may be lodged for approval in the Office at the same time as the documents mentioned in paragraph (1).

Joining of persons not before the court

6

If counsel advises that any person necessary to make title is not before the court, the consent of such person to the sale and his undertaking to join in the purchase deed shall be procured in writing, and his signature verified by affidavit and failing such consent, notice of the order for sale shall be served on such person.

Procedure following return of papers from counsel

7

On receiving the papers back from counsel, the solicitor having carriage shall—

• (a) re-lodge the papers in the Office for settling and fixing of dates by the [²⁹⁸ district judge] and shall at the same time lodge—

• (i) draft form of affidavit to be made by the court valuer in Form 155;

• (ii) draft reserved bidding report in Form 156, to be marked as exhibit “B” to such affidavit;

• (iii) an envelope marked “B” and endorsed with the title of the suit, to contain the valuer’s reserved bidding report when completed;

• (iv) draft auctioneer’s affidavit of biddings in Form 157; and

• (v) draft bidding paper in Form 158; and

• (b) send to the court valuer a copy of the advertisement and the documents mentioned in sub-paragraphs (i) to (iii) of paragraph (a) together with a covering letter instructing him as to—

• (i) the completion and return to the solicitor of the affidavit mentioned in paragraph (a)(i) with the copy advertisement marked as exhibit “A” thereto; and

• (ii) the completion and forwarding to the Office, before the date fixed for the sale, of the reserved bidding report mentioned in paragraph (a)(ii), which report shall be marked as exhibit “B” to the affidavit.

Attendance at sale

8

The solicitor having carriage shall attend the sale and arrange for the completion by the court auctioneer of the documents mentioned in Rule 7(a)(iv) and (v), and relodging of all papers in the Office.

Where sale is subject to approval of [ judge]

9

Where a sale is subject to the approval of [²⁹⁹ the judge]—

• (a) the certificate of the [²⁹⁸ district judge] shall be in Form 159; and

• (b) the solicitor having carriage shall on notice to the proposed purchaser and the other parties make application to [²⁹⁹ the judge] by notice of motion in Form 160 for confirmation of the sale, and [²⁹⁹ the judge] may either confirm the sale by order in Form 161 or make such other order thereon as he thinks fit having regard to the court valuer’s report and the biddings.

Where sale is subject to reserved price

10

• (1) Where the sale is subject to a reserved price fixed by the court, the purchaser or his solicitor may attend the sitting of the [²⁹⁸ district judge] on the day fixed by the advertisement, and if there be any objection to the confirmation of the sate it shall be stated at that sitting.

• (2) Where the reserved price fixed by the court has been reached the [²⁹⁸ district judge] may confirm the sale by certificate in Form 162 and direct that the deposit be forthwith lodged in court to the credit of the suit, and the certificate of the [²⁹⁸ district judge] confirming the sale shall be binding on all parties from the date thereof unless it is discharged or varied on application to [²⁹⁹ the judge] by notice of motion made before the expiration of eight days from that date.

• (3) Where the [²⁹⁸ district judge] refuses to confirm the sale, he shall certify his refusal in Form 16 and direct that further proceedings shall be by way of either—

• (a) an application to [³⁰⁰ the judge] under Rule 9; or

• (b) advertisement for re-sale by tender, subject to the approval of [³⁰⁰ the judge] with such consequential directions thereon as he considers necessary;

and where he directs further proceedings under paragraph (b) he shall order the return of the deposit made by the highest bidder.

Order for execution of conveyance or for possession

11

A notice of motion for an order for the execution of a conveyance or for possession shall be in Form 164, an order for the execution of a conveyance shall be in Form 165 and an order to put a Purchaser in possession shall be in Form 166.

ORDER 35 — Ejectment Proceedings

Record of ejectments

1

• (1) The chief clerk shall enter in a book to be kept for that purpose particulars of all decrees in ejectment and for each such decree shall enter the names of the plaintiffs and defendants and the tenements recovered as specified in the civil bill concerning the same.

• (2) The book kept under paragraph (1) shall be open for inspection during the hours when the Office is open on payment to the chief clerk of the prescribed fee.

Amount of rent due

2

At the hearing of every ejectment proceeding for non-payment of rent, the chief clerk shall enter in the ejectment book the sum of money ascertained to be due and owing for rent, and the time up to which the same is due and the chief clerk, before he signs his name to such decree, shall compare with such entry the statement in the decree in such ejectment of the amount of rent so ascertained to be due; and the clerk shall certify on such decree the amount of rent so ascertained, and the date up to which the same is due.

Costs

3

[³⁰¹ The judge or district judge as the case may be], upon the hearing of any ejectment proceedings where there is more than one defendant, may order that the costs of the proceedings shall be paid by and recovered from one or more of such defendants and not from the other or others of them.

Restitution

4

• (1) Where the defendant in ejectment proceedings for non-payment of rent, or any other person evicted by a decree for possession had in such ejectment proceedings, is entitled to redeem the lands and is desirous to obtain an order of restitution to be restored to the possession of the land after such decree has been executed, such person shall serve a notice upon the plaintiff the said ejectment proceedings, in Form 167, [³⁰² not less than 28 days before the date on] which the application for such order of restitution is intended to be made.

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

• (3) The order of restitution, ordering a defendant to be restored to the possession of lands from which he had been evicted by a decree in ejectment proceedings for non-payment of rent, shall be in Form 168.

• (4) When notice of an application for an order of restitution has been served pursuant to the said section [³⁰³ 94] the plaintiff in the ejectment proceedings, if he intends claiming any rent not included in the ejectment decree, or which may have become due since the signing of the decree, shall give three days’ notice of his intention to the party so applying for such order of restitution.

• (5) Where a decree for possession in ejectment proceedings for non-payment of rent has been executed, and the landlord has been put into possession, [³⁰⁴ . . .] any further rent has become due in respect of said lands, the party applying to the court for an order of restitution to be restored to the possession of the said lands mentioned in the said decree for possession shall, before such order of restitution issues, pay over or lodge in court such further rent as may be awarded by the court, in addition to the sum ascertained by the said decree to be due for rent and costs.

• (6) Where the landlord has been put into possession of lands under a decree for possession in ejectment proceedings for non-payment of rent, and the tenant or party entitled to apply for an order of restitution requires such landlord to account for the profits of the lands received by him whilst he was so in possession, such tenant or party so applying for an order of restitution shall, in the notice that such application will be made, inform the landlord that he will be called on to account, at the hearing of the application for such order of restitution, for such profits.

• (7) Where there are several defendants in ejectment proceedings for non-payment of rent, and a decree is made ordering the costs to be paid by some or one of the defendants to the exclusion of the others, should the parties or party who are so exonerated from the payment of costs by such decree apply for an order of restitution to be restored to the possession of the premises after such decree has been executed, they or he shall in addition to the rent and arrears of rent due out of said premises, lodge in court the costs payable to the plaintiff in the suit, if not previously, paid.

ORDER 36 — Partition Suits

Abstract of title

1

The plaintiff in a partition suit shall, at the time of lodging the civil bill, also lodge therewith a short abstract of title to the lands sought to be partitioned, which abstract shall show the respective shares a estates which the several owners are alleged to have in the lands.

Consent of landlord

2

If the lands sought to be partitioned are held subject to any agreement or condition restraining or prohibiting assignment or subdivision, or if they form part of an estate upon which the assignment or subdivision of holding without the consent of the landlord is contrary to or not warranted by the practice prevalent upon such estate, the plaintiff shall at the hearing produce the consent in writing of the landlord, or his agent duly authorised for that purpose that the lands in the civil bill mentioned be partitioned or sold as the court may direct.

Consent of Department of Finance

3

If the lands sought to be partitioned are charged with any advance repayable to the Department of Finance, in manner provided by any statute authorising the advance of public money to tenants upon the security of their holdings, the plaintiff shall at the hearing produce the consent in writing of that Department, that the lands in the civil bill mentioned be partitioned or sold as the court may direct.

Examination of and report on lands

4

In partition suits [³⁰⁵ the judge] may employ a surveyor or other person to examine the lands sought to be partitioned, and to report in writing to [³⁰⁵ the judge], by a day to be named, the manner in which, according to the opinion of such surveyor or other person, the lands should be partitioned, and the report shall be accompanied by a map showing the boundaries of the lands proposed to be partitioned.

• (2) The surveyor or other person appointed shall be remunerated by the parties to the suit or such of them as [³⁰⁵ the judge] may direct.

• (3) The report of the surveyor or other person appointed under paragraph (1), together with said map, shall be lodged by him in the Office at least fifteen days before the day named for making the report to [³⁰⁵ the judge].

• (4) The report and map when lodged in the Office shall be open to the inspection of all parties to the suit without payment of any fee.

Decree

5

[³⁰⁵ The judge] may either adopt such report, and make a decree in accordance with the terms thereof, or may make such other decree as he may think fit.

ORDER 37 — Applications under section 37 of the Landlord and Tenant Law Amendment Act, Ireland, 1860

Notice of application

1

A notice of application to annul or vary a precept, order or conviction under section 37 of the Landlord and Tenant Law Amendment Act, Ireland, 1860³⁰⁶ (in this Order referred to as “the Act of 1860”) shall be in Form 169 or Form 170 and shall be served [³⁰⁷ not less than 28 days before the date fixed for the hearing].

Claim for compensation

2

Where a party claims compensation for any loss or damage caused by the procuring of a precept or order mentioned in section 35 of the Act of 1860, he shall serve notice in Form 171 on the opposite party from whom he claims the compensation [³⁰⁷ not less than 28 days before the date fixed for the hearing].

Venue and service of notices

3

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) A notice under Rule 1 or Rule 2 shall be served and entered in like manner as a civil bill.

ORDER 38 — Administration of estates

Lodgment of accounts by representatives of a deceased person

1

• (1) Accounts lodged in accordance with Article 17 of the Order shall set out—

• (a) particulars of the property or assets which the testator or intestate died possessed of or entitled to;

• (b) the amount, produce and value of such property and assets respectively;

• (c) the amounts and particulars of the debts due by the testator or intestate;

• (d) the amounts, and particulars of the debts, legacies and funeral and testamentary expenses of the testator or intestate paid by or on account of the executor or administrator;

and shall show the balance applicable to the purposes of the will of the testator or, as the case may be, distributable amongst the next-of-kin of the intestate, or the property or the chattels then undisposed of.

• (2) The accounts shall be signed by the executor or administrator and verified on oath by the executor or administrator.

• (3) The accounts shall be lodged in the Office within one month from the date when he has been required in writing to do so by any person entitled so to require under Article 17 of the Order within such extended time as the chief clerk may direct.

Power to order advertisements

2

• (1) In any proceeding for a legacy or distributive share of the property or assets of a testator or, intestate, [³⁰⁸ the judge] may order the party suing to give notice, either by advertisement or otherwise, requiring persons having claims on or against the property and assets of the deceased to produce and verify such claims.

• (2) All costs relating to such notice shall be borne and paid in such manner and by such parties as [³⁰⁸ the judge] shall direct.

• (3) [³⁰⁸ The judge] may adjourn the hearing of the proceedings to some future sittings and from time to time as occasion may require so as to allow sufficient time for publishing and giving such notice.

Lodgment of money in court

3

In any proceedings for a legacy or distributive share of the property or assets of a testator or intestate, [³⁰⁸ the judge] may, if he thinks fit, order money to be paid into court in accordance with Court Funds Rules.

Administration suits

4

• (1) An administration suit may be commenced at any time after the death of the testator or intestate.

• (2) Subject to Rules 2 and 3 of Order 36 [³⁰⁸ the judge] in administering the estate of a deceased person shall not be bound, for the purpose of distribution of any land, to sell and convert the land but may partition the land among the persons entitled to shares of the estate and for equality of partition may make a decree against any one or more of such persons for any excess in the value of the part or parts allotted to him or them.

ORDER 39 — Actions by and against firms and persons carrying on business in firm names

Partners may sue and be sued in name of their firm

1

• (1) Two or more persons claiming or alleged to be liable as partners and carrying on business within Northern Ireland may sue and be sued in the name of the firm in which they were partners when the cause of action arose.

• (2) Where partners sue or are sued in the name of their firm in accordance with this Rule, a statement that the plaintiffs are suing or the defendants are sued as a firm shall be included in the civil bill and in the title of the action.

• (3) Where partners sue or are sued in the name of their firm, the partners shall, on demand made in writing by or on behalf of any other party, forthwith deliver to the party making the demand a statement of the names and places of residence of all the persons constituting the firm.

• (4) If the partners fail to comply with the demand, [³⁰⁹ the judge or district judge as the case may be] may, on application by any other party, order them to furnish and verify by oath or otherwise a statement of the names and places of residence of the persons who were partners in the firm when the cause of action arose.

• (5) If the partners fail to comply with the order, [³⁰⁹ the judge or district judge as the case may be] may—

• (a) if the partners are plaintiffs, direct the proceedings to be stayed until the order is complied with;

• (b) if the partners are defendants, order that they be debarred from defending the action.

• (6) When the names and places of residence of the partners have been stated, proceedings shall continue in the name of the firm.

Action not in firm name

2

Nothing in Rule 1 shall prevent partners from suing or being sued otherwise than in the firm name.

Actions between a firm and its members

3

The provisions of these Rules as to actions by or against firms shall apply to actions between a firm and one or more of its members, and between firms having one or more members in common, if the firm carries on business within Northern Ireland, but no enforcement proceedings shall be taken without leave of [³⁰⁹ the judge or district judge as the case may be], and on an application for leave to take such proceedings all such accounts and inquiries may be directed to be taken and made and all such directions may be given as may be just.

Individuals carrying on business

4

A person carrying on business [³¹⁰ in Northern Ireland] in any name may [³¹⁰ (whether or not he is within the jurisdiction)] be sued in that name as if it were a firm name, and so far as the nature of the case will permit, all the provisions of these Rules relating to actions against firms shall apply.

Service of civil bill on partners

5

• (1) Subject to the following paragraphs of this Rule, where partners are sued in the name of their firm, service of a civil bill shall be good service on all the partners, whether any of them is out of Northern Ireland or not, if the civil bill is served—

• (a) on a partner personally, or

• (b) at the principal place of the partnership business in Northern Ireland, on any person having, or appearing to have, at the time of service, the control and management of the business there; [³¹¹ or]

• (c) ³¹¹ by post (as provided by Order 6 Rule 3(2)(b)) at the principal place of the partnership business in Northern Ireland;]

but where the partnership has, to the knowledge of the plaintiff, been dissolved before the commencement of the action, the civil bill shall be served upon every person within Northern Ireland sought to be made liable.

• (2) Where a person carrying on business in a name other than his own is sued in that name as if it were a firm name, the civil bill may be served in accordance with the, foregoing provisions of this Rule as if he were a partner sued in the name of a firm and his business were a partnership business.

• (3) Where a civil bill is served in accordance with this Rule, the endorsement or affidavit of service shall state whether the person served was served—

• (a) as a partner; or

• (b) as a person carrying on business in a name other than his own; or

• (c) as a person having, or appearing to have, the control or management of the business; or

• (d) as a person occupying a dual position.

Execution of decree against a firm

6

• (1) A decree against a firm may be enforced—

• (a) against any property of the partnership in Northern Ireland;

• (b) against any person who has been adjudged to be liable as a partner;

• (c) against any person who was individually served with the civil bill as a partner or person sought to be made liable—

• [³¹² where he has not served a notice of intention to defend in Form 42 and judgment has been entered in accordance with Order 12 or where he has failed to appear at the hearing.]

• (2) If the person who has obtained the decree claims to be entitled to enforce it against a partner or otherwise, he may apply to [³¹³ the judge or district judge as the case may be] for leave so to do, and the following provisions shall apply—

• (a) he shall give to the alleged partner not less than three days’ notice of his application;

• (b) the notice shall be served on the alleged partner personally;

• (c) on the hearing of the application, [³¹³ the judge or district judge as the case may be]—

• (i) if liability is not disputed, may give leave for application to be made for enforcement under the Judgments Enforcement (Northern Ireland) Order 1981³¹⁴;

• (ii) if liability is disputed, may order the issue of liability to be tried in such manner as he thinks fit and may give any necessary directions for that purpose.

Proceedings under Articles 106 to 110 of the Judgments Enforcement (Northern Ireland) Order 1981

7

In Order 40, Part III, the expression “debtor” includes any person liable to execution under the foregoing provisions of this Order.

ORDER 40 — Enforcement of decrees

PART I — GENERAL

Examination of any party

1

Where any difficulty arises in or about the execution or enforcement of any decree for some relief other than the payment of money, the court may, except where, under Article 11 of the Judgments Enforcement (Northern Ireland) Order 1981 jurisdiction to grant such relief is vested in the Enforcement of Judgments Office, on the application of any party interested, make such order for the attendance and examination of any party or otherwise as may be just.

Application on change of parties after decree

2

• (1) Where any change has taken place after decree, by death, assignment, or otherwise, in the parties entitled to enforce the decree or in the parties liable under a decree, the party claiming to be entitled to enforce the decree may apply on affidavit to the court for leave to issue an amended decree on surrender of the original decree and the court may, if satisfied that the party so applying is so entitled, order accordingly.

• (2) [³¹⁵ The judge] may, before making an order under paragraph (1), require such notice of the application to be served as he thinks fit.

• (3) Notwithstanding anything contained in Order 1, the application referred to in paragraph (1) may be made to the court in which the order was made.

PART II — ENFORCEMENT BY COMMITTAL

Enforcement by committal

3

Decrees which under Article 55(4) of the Order and Order 57 Rule 5 are enforceable by committal may be enforced in the manner provided by Order 57 Rule 7.

PART III — PROCEDURE UNDER ARTICLES 106 TO 110 OF THE JUDGMENTS ENFORCEMENT (NORTHERN IRELAND) ORDER 1981

Enforcement civil bill

4

• (1) Proceedings under Article 107 of the Judgments Enforcement (Northern Ireland) Order 1981 where no instalment order has been made by the Enforcement of Judgments Office under Article 30 of that Order shall be commenced by a civil bill in Form 172 (in this Order referred to as an “enforcement civil bill”) requiring the debtor to appear personally before the court on the date therein specified.

• (2) On the hearing of an enforcement civil bill [³¹⁵ the judge] may make—

• (a) an order in Form 173 (in this Order referred to as an “enforcement order”) requiring the debtor to pay the amount due in such manner or by such instalments as [³¹⁵ the judge] thinks fit; or

• (b) such an order committing the debtor to prison as may be made under Rule 5(2).

Committal civil bill

5

• (1) if the debtor makes default in paying the amount, or any instalment ordered under Rule 4 to be paid or due under an instalment order made by the Enforcement of Judgments Office under Article 30 of the Judgments Enforcement (Northern Ireland) Order 1981, the creditor may serve on the debtor a civil bill (in this Order referred to as a “committal civil bill”)

• (2) A committal civil bill shall be in Form 174 and, shall set out—

• (a) full particulars of the enforcement order which has not been complied with or of the order made under the said Article 30; and

• (b) the amount or instalment (or instalments) in the payment of which default has been made;

and shall require the debtor to appear personally on the date and before the court therein specified, to show cause why he should not be committed to prison for his default in complying with that order. An order made under this Rule is in this Order referred to as a “committal order”.

Service of civil bills and hearing of proceedings under rules 4 and 5.

6

• (1) Enforcement civil bills and committal civil bills shall be served personally on the debtor.

• (2) Proceedings under Rules 4 and 5 shall be entered and conducted as if they had been commenced by ordinary civil bill, and county court rules and orders regulating procedure in relation to ordinary civil bills shall apply accordingly in so far as they are not inconsistent.

• (3) Where proceedings under Rule 4 or Rule 5 are taken to enforce—

• (a) a decree of a county court, the decree shall be produced in court at the hearing of the proceedings;

• (b) a judgment or decree of any court other than a county court, a certified copy, or other sufficient evidence of such judgment or decree shall be so produced;

and where proceedings are taken under Rule 5 to enforce an order made by the Enforcement of Judgments Office under Article 30 of the Judgments Enforcement (Northern Ireland) Order 1981, a duly authenticated copy of the order shall be produced in court at the hearing.

• (4) Upon the hearing of every enforcement civil bill and committal civil bill [³¹⁶ the judge] may require evidence of any proceedings theretofore taken for the enforcement of the judgment or decree.

Committal order

7

• (1) A committal order—

• (a) shall be in Form 175;

• (b) shall bear the date on which it was made; and

• (c) shall continue in force for one year and no longer.

• (2) A committal order shall be addressed to the Chief Superintendent or, as the case may be, Superintendent for the Constabulary Division in which the debtor resides or is to be found.

Discharge from custody

8

• (1) A debtor taken into custody under a committal order shall not be released from custody unless he pays to the constable or the governor of the prison to which he is committed the full amount of the debt or instalment in respect of which such order was made and the costs of the order or upon receipt by the governor of the certificate of discharge prescribed under paragraph (5).

• (2) A constable or prison governor to whom a sum of money is paid by a debtor in accordance with paragraph (1) shall issue to the debtor a receipt therefor and shall endorse on the committal order a certificate of the amount he has received and the date thereof and the constable or prison governor shall sign his name at the foot of the certificate.

• (3) Such sum shall be transmitted forthwith together with the committal order certified in accordance with paragraph (2) to the chief clerk of the court which issued the order and the amount of such sum shall be entered into a record book kept for the purposes of this Rule and then transmitted to the creditor or his solicitor forthwith.

• (4) The creditor or his solicitor on receiving the sum transmitted to him by the chief clerk under paragraph (3) shall send him a receipt therefor.

• (5) The certificate prescribed for the purposes of Article 109 of the Judgments Enforcement (Northern Ireland) Order 1981 shall be in Form 176 signed by the solicitor for the creditor, or signed by the creditor and attested before a justice of the peace or a commissioner for oaths, that there has been paid to or on account of the creditor by or on behalf of the debtor—

• (a) the debt or instalment in respect of which he was imprisoned;

• (b) the costs of the committal order;

and the creditor or his solicitor shall, if the debtor so requires, furnish to the debtor a copy of such certificate.

PART IV — CHARGES UNDER ARTICLE 46 OF THE JUDGMENTS ENFORCEMENT (NORTHERN IRELAND) ORDER 1981

Proceedings under Article 14(c) of the County Courts (Northern Ireland) Order 1980 respecting land charged under Article 46 of the Judgments Enforcement (Northern Ireland) Order 1981

9

Where a charge has been imposed on ]and by the Enforcement of Judgments Office under Article 46 of the Judgments Enforcement (Northern Ireland) Order 1981 and proceedings for enforcement of such charge are taken in a county court under Article 14(c) of the County Courts (Northern Ireland) Order 1980, such of Forms 24 and 27 and of Forms 73 and 75 as the circumstances require shall apply with any necessary modifications in the references to the date, nature and method of creation of the charge.

Applications for possession of land charged under Article 46 of the Judgment Enforcement (Northern Ireland) Order 1981

10

Where a charge has been imposed on land under Article 46 of the Judgments Enforcement (Northern Ireland) Order 1981 an application to the court for an order for possession thereof under Article 52(1)(b) of the said Order may be made by civil bill in Form 11, with any necessary modifications in such Form including the insertion therein of a reference to the date, nature and method of creation of the charge.

[ PART V — ENFORCEMENT OF COUNTY COURT DECREES OUTSIDE NORTHERN IRELAND

Proof that judgment is not satisfied

11

Where under section 3 of the Inferior Courts Judgments Extension Act 1882 application is made for the grant of a certificate of a decree, proof that the decree has not been satisfied, and of the amount remaining unsatisfied where application for the enforcement of the decree has previously been made to the Enforcement of Judgments Office, shall be given by production to the chief clerk of a certificate signed by the Master for the enforcement of judgments or his deputy and, in any other case, shall be given to the satisfaction of the chief clerk, whether by certificate of the solicitor or by affidavit or otherwise as the chief clerk thinks fit.

Where certificate not to be granted

12

If the decree is for payment within a period therein mentioned, or by instalments, and that period has not expired or default has not been made in payment of some instalment, the certificate shall not be granted.

Names, etc., in certificate

13

The certificate shall be in Form 177 and the name, business or occupation and address of the parties shall be set out in the certificate and shall be those appearing in the decree and the party applying for a certificate shall produce to the chief clerk either the original decree or a duplicate thereof.

Entry on certificates

14

The chief clerk shall endorse on the certificate the number of the civil bill, the court at which the same was entered and the amount remaining due on the decree according to the books of the court and, where appropriate, the certificate of the Master or deputy Master referred to in Rule 11, and, after his signature, shall add to the certificate the date on which it was granted.

Record and effect of granting a certificate

15

Where a certificate of a decree is granted by a chief clerk; he shall make on the minute of the decree a memorandum of having granted such certificate, and thenceforth no further proceeding shall be taken or had upon such decree in the court granting the certificate until the judge of chief clerk, upon being satisfied by affadivit or otherwise that no further proceedings are pending or can be taken on the certificate in any other court and that the decree is still unsatisfied in whole or in part, orders that the decree may be acted on as if the certificate had not been granted.

Endorsement of costs on certificate

16

The chief clerk shall make and sign on the certificate a note of the costs, if any, allowed and the fee paid for the granting of the certificate.

Production of certificate

17

A person presenting a certificate of a decree for registration in a county court shall produce to the chief clerk—

• (a) a note of presentation in Form 178 containing a description of the place within the jurisdiction of the court at which the goods and chattels of the person against whom the decree has been obtained are, or at which such person resides or carries on business, and such note shall be appended to the certificate;

• (b) a copy of the certificate with the endorsement thereon and note thereon.

Registration of certificate

18

On the production of the documents required by Rule 17, the chief clerk shall, if the place described in the note of presentation is within the division of the court of which he is chief clerk, sign the certificate and register it by inserting it into the then current minute book of the court and shall sign and date the copy of the certificate and return it to the person presenting the certificate.

Costs of registering certificate

19

The sum allowed to a solicitor as the costs of registration of a certificate, together with the fee for registry and costs, if any, allowed for granting the certificate, as shown by the endorsement thereof, shall be added to the amount to be recovered.

Authenticated copy of the certificate for application to Enforcement of Judgments Office

20

For the purposes of Rule 7(2)(e) of the Judgment Enforcement Rules (Northern Ireland) 1981[^f00020], the copy of the certificate referred to in Rule 18 of this Order returned to the person who presented it, duly endorsed as to registration and signed by the chief clerk, shall be authenticated by the seal of the court of registration.

Payment out of court

21

No money shall be paid out of court unless on production of the signed copy of the certificate.

Issue of another copy of certificate

22

Where the certificate of a decree is lost or destroyed, another copy may be signed and issued to the proper person upon proof, by affidavit or otherwise to the satisfaction of the chief clerk, that the person applying is the proper person and that he is entitled to moneys recovered on a decree.

ORDER 41 — Duplicate Decrees

Duplicate decrees

1

Where an original decree has been lost or destroyed, or has become unavailable to the plaintiff or party entitled to benefit thereunder, by reason of its having improperly got into the hands of the opposite party or being in the hands of any officer lawfully entitled to hold it, the plaintiff or party may apply to [³²⁰ the judge or district judge as the case may be] either in court or chambers for the issue of a duplicate decree.

Application

2

Notice of an application under Rule 1 shall be given to the opposite party before the beginning of a period of seven days ending on the date of the hearing, which notice may be served by registered post.

Evidence

3

It shall lie with the applicant to satisfy [³²⁰ the judge or district judge as the case may be] by oral evidence or affidavit of such facts as would under Rule 1 enable the application to be granted.

Face of duplicate decree

4

On the face of every duplicate decree issued under this Rule there shall be written or stamped in large letters the word “Duplicate” followed by the initials of the chief clerk.

Effect of duplicate

5

A duplicate decree shall for all purposes have the effect of the original decree and references in these Orders to a decree shall include a duplicate decree.

ORDER 42 — Deposit of money, bonds and recognizances as security

Security

1

Where, by or under any enactment, any person is required or authorised to give security in relation to proceedings in the county court then, subject to any express provision in the enactment—

• (a) the security shall be given by a deposit of money or by a bond or recognizance; and

• (b) the amount of the security shall fixed by the chief clerk; and

• (c) the person giving the security shall give it at his own expense:

Deposit of money

2

Where security is given by a deposit of money, the following provisions shall apply—

• (a) the person giving the security shall, upon the privity: of the Accountant General lodge the money in the county court bank in accordance with Court Funds Rules and shall also file in the Office a memorandum signed by him or his solicitor and approved by the chief clerk stating the conditions on which the deposit is made;

• (b) upon the deposit being made, the chief clerk shall give to the person making the deposit a certificate in Form 179;

• (c) the person making the deposit shall give to the opposite party notice of the deposit having been made;

• (d) [³²¹ the judge or district judge as the case may be] may make such order regarding the money so deposited as he thinks fit.

Bond or recognizance

3

• (1) [³²¹ The judge], [³²² district judge] or chief clerk may accept as a bond or recognizance an instrument executed by any solvent person or persons or by a body corporate (including an insurance company) approved by him.

• (2) Where any party proposes to give a bond or recognisance by way of security he shall serve by post or otherwise, on the other party or parties and on the chief clerk at his office notice in Form 180 of the proposed sureties and such notice shall inform the parties on which it is served that if they object to the sureties or one of them they should send to the chief clerk, notice (which notice may be in Form 181) of their objection within seven days from the date on which the notice is served on them.

• (3) If any party objects to the sureties or one of them the chief clerk shall forthwith give notice in Form 182 to the parties of the day and hour at which he will consider the objection and shall then give such directions as he thinks fit.

• (4) The bond or recognizance shall be executed in the presence of [³²¹ the judge], [³²² district judge], the chief clerk or a commissioner for oaths, or where the person entering into such bond or recognizance resides outside Northern Ireland or is for the time being thereout, in the presence of any person duly authorised to administer oaths where such person ordinarily resides or is:

Provided that the chief clerk may accept the company’s bond or recognizance if it is executed under the seal of the company.

• (5) The bond or recognisance shall recite that the person or body corporate executing it is bound or indebted as the case may be to [³²³ the judge or district judge as the case may be] for the time being within whose court the proceedings are and shall be deposited with the chief clerk at his office until the proceedings are finally disposed of.

• (6) A chief clerk or other officer of the court or any servant or agent of them or any of them shall not become surety in any case where by the Rules or the practice of the court security is required.

ORDER 43 — Practice generally

Hours of sitting and order of hearing of proceedings

1

• (1) The ordinary hours of sitting of a court shall be such as [³²⁴ the judge or district judge as the case may be] of that court shall determine but shall not be before nine o’clock in the morning, and the hearing of any civil proceedings shall not commence after the hour of six o’clock in the afternoon.

• (2) All proceedings in a county court shall be heard in such order as [³²⁴ the judge or district judge as the case may be] shall direct.

Change of solicitor

2

• (1) Any party in any proceedings for whom a solicitor has acted who changes his solicitor shall give to the solicitor and to every other party written notice of the change, stating the name and address of his new solicitor, and shall lodge a copy of the notice with the chief clerk who shall file the same.

• (2) Any party for whom a solicitor has acted who desires to act in person shall inform the solicitor and shall give notice to every other party stating his intention to act in person and giving his address for service and shall lodge a copy of the notice with the chief clerk who shall file the same.

• (3) Where a party who has acted in person appoints a solicitor to act for him, he shall give notice of the appointment and of the solicitor’s address for service to every other party and shall lodge a copy of the notice with the chief clerk who shall file the same.

• (4) Where a solicitor’s instructions to act for a party in any proceedings have been withdrawn or a solicitor wishes to withdraw from any such proceedings and notice has not been given of the appointment of a new solicitor or of the party’s intention to act in person the solicitor may apply to [³²⁴ the judge or district judge as the case may be], on notice to all the parties to the action stating the grounds of the application, for an order declaring that he has ceased to act as the solicitor for that party in the proceedings.

Delivery and lodgment of notices and documents

3

All notices or documents required by any enactment to be delivered to or lodged with the [³²⁵ district judge] or chief clerk may be delivered or lodged—

• (a) by leaving the notice or document at the Office with the chief clerk or with any clerk or assistant of the chief clerk; or

• (b) by sending the notice or document by [³²⁶ ordinary first class post (that is first class post which has been pre-paid or in respect of which prepayment is not required)] to the chief clerk at his office, posted at such a time as to permit its delivery, in the ordinary course of post, within the period required by the enactment for the delivery of the notice or document.

Office books and records: issue of copies

4

• (1) The books and records to be kept and maintained by each chief clerk shall, subject to the Order and County Court Rules, be such as were kept and maintained by him immediately before the commencement of the Act and such other books and records as may be necessary to effect the purpose of these Rules.

• (2) Copies of all documents and records which may be inspected in the Office shall, except as otherwise provided by any enactment, be prepared for any party requiring them upon payment of the cost of such copies.

Acts and notices by solicitor or agent

5

Where by these Rules any act may be done or notice given by any party, such act may be done or notice given either by the party in person or by his solicitor or, if it can be legally done by an agent, by his agent.

Service on solicitor of party

6

Where a party acts by a solicitor, service of any proceedings or document upon such solicitor, or delivery of the same at his office, or sending the same to him by post, shall be deemed to be good service upon the party for whom such solicitor acts, [³²⁷ . . .] except in cases where by these Orders or any other enactment personal service upon a party is required.

Service by advertisement

7

Where, by reason of the absence of any party or from any other sufficient cause, the service of any notice, proceedings, or document (other than a civil bill or petition) cannot be effected, [³²⁸ the judge or district judge as the case may be] may order notice by advertisement or otherwise in lieu of said service.

Advertisements

8

[³²⁸ The judge] or [³²⁹ district judge] or chief clerk as the case may be shall direct in what newspaper any advertisements which may from time to time be ordered in any suit or proceedings shall be inserted.

Party to have conduct of suit or matter

9

[³²⁸ The judge or district judge as the case may be] may order what party shall have the conduct of any suit or matter.

Enlargement or abridgement of time

10

[³²⁸ The judge or district judge as the case may be] may, upon such terms, if any, as he may think reasonable, enlarge or abridge any of the times fixed by these Rules for taking any step, or filing or sending any document, or giving any notice in any proceedings; and where any person has failed to take any step, or to file or serve any document, or to give any notice within the time or in the manner prescribed by these rules, [³²⁸ the judge or district judge as the case may be] may, upon the application of such person, and if he thinks sufficient excuse exists for such failure, and upon such terms as, to costs or otherwise as he thinks fit, declare the taking of such step, or the filing or serving of such document, or the giving of such notice so done or effected, to be sufficient.

Interest on debts

11

Where an estate has been ordered to be administered, creditors shall, unless otherwise entitled to interest at a different rate on the debts due to them from the estate, be entitled to interest in respect of those debts at the rate [³³⁰ then allowed under Rule 2 of Order 33] from the date of the order, and to the costs successfully proving such debts.

Interest on legacies

12

Interest shall be computed on legacies at the rate of [³³¹ 6] per centum per annum from the end of one year from the date of the death of the testator, unless otherwise ordered, or a different rate or time of payment is directed by the will or established by law.

Forms

13

• (1) All proceedings and documents may be in forms similar to the forms in Appendix 1 to these Rules, where the same are applicable, or in a form as near thereto as the circumstances of a particular case admit; and in cases where no forms are provided, parties shall frame the proceedings or documents, using as guides those contained in Appendix 1.

• (2) Where a form in Appendix 1 is used in any proceedings in which there is only one plaintiff or, as the case may be, only one defendant and the heading of the form specifies the name of that plaintiff or defendant any subsequent reference to that plaintiff or, as the case may be, that defendant need not refer to him by name and in any such form any blank space left immediately after the word “plaintiff” or, as the case may be, “defendant” may be ignored and need not be filled in.

Verbal or technical error, non-compliance with any rule or practice

14

• (1) No action or proceedings in a county court shall be treated or considered as invalid solely on account of any verbal or technical error, and [³³² the judge or district judge as the case may be] may decide and determine what is a verbal or technical error in any action or proceedings; all errors which are not manifestly calculated to mislead or injuriously prejudice the opposite party in the merits of his case may be deemed to be merely verbal or technical.

• (2) Non-compliance with any of these Rules, or with any rule of practice for the time being in force, shall not render any proceedings void unless the Court or a [³³² judge or district judge as the case may be] shall so direct, but such, proceedings may be set aside either wholly or in part as irregular, or amended or otherwise dealt with in such manner and upon such terms as the Court or [³³² judge or district judge as the case may be] shall think fit.

Civil bill under-stamped

15

Where a civil bill has not been stamped or has been stamped for an amount less than that specified in any County Court Fees Order for the time being in force, [³³² the judge or district judge as the case may be] may in such cases, and on such conditions including the payment of a penalty, if any, as he thinks fit, allow the proceedings to continue as if the civil bill had been properly stamped but, where a proceeding is allowed to continue under this Rule, the amount by which the fee was underpaid shall be paid by the party liable therefor in addition to any penalty payable by that party.

Notices

16

Where by these Orders any party is required to give notice according to a form in Appendix 1, it shall be sufficient if in the opinion of [³³² the judge or district judge as the case may be] the notice given complies substantially with such form.

Computation of time

17

Without prejudice to section 39 of the Interpretation Act (Northern Ireland) 1954³³³—

• (a) where anything is required by these Orders to be done within a specified period of or after the happening of a particular event, the period shall be computed from the end of the day on which the event happens unless the period is expressed to be inclusive of such day;

• (b) where anything is required by these Orders to be done within a period not exceeding three days or where a period not exceeding three days is required by these Orders to elapse between the doing of an act and the happening of a particular event, no Saturday or Sunday nor any day on which the Office is closed shall be included in the computation of that period;

• (c) where the time prescribed for doing any act expired on a Saturday or a Sunday or any day on which the Office is closed, the act shall be in time if done on the next day on which the Office is open.

Accounts, notices, etc., to be on judicature paper

18

• (1) All accounts, copies, papers, notices and other documents lodged with the chief clerk or other officer are to be written bookwise, unless the nature of the document renders it impracticable to do so, upon paper of durable quality approximately 297mm long by 210mm wide, or A4ISO, having a margin not less than 38mm wide to be left blank on the left side of the face of the paper and on the right side of the reverse and shall be endorsed with the solicitor’s name and any document not so endorsed or not plainly and legibly written shall be refused.

• (2) Unless the chief clerk in any particular case otherwise determines, all decrees shall be written on judicature paper of a size not less than A4ISO.

• (3) In this Rule, the expression “A4” followed by the letters “ISO” means the size of paper so referred to in the specifications of the International Standards Organisation.]

[ Service by post

19

Every notice or other document, the service of which is permitted by ordinary first class post (that is first class post which has been pre-paid or in respect of which prepayment is not required) under these Orders, or the service of which by post or by registered post is directed by [³³⁶ the judge or district judge as the case may be], shall be deemed sufficiently given and served if it is transmitted by ordinary first class post or by registered letter. Such service may be proved by affidavit.]

Documents to be free from erasures and alterations

20

Unless [³³⁶ the judge or district judge as the case may be] otherwise orders, no decree, dismiss, order, recognizance, or other document shall be received by the chief clerk or other officer unless the same is free from all unsightly or ambiguous erasures, interlineations or other alterations.

Production of documents in custody of the chief clerk

21

Where documents in the Office are required by any party to be produced in evidence, notice in writing to produce the same shall be served at the Office, on the chief clerk, seven days before the day on which the same may be required.

Bail

22

No solicitor, or apprentice or clerk to a solicitor, or officer of the county court shall be bail in any matter in the county court.

Equity practice

23

Subject to the provisions of these Rules and Orders, the enactments and practice relating to ordinary civil bill actions shall, so far as same are applicable, apply to every proceeding under the equitable jurisdiction of the court an when such enactments and practice are not applicable to such proceedings, the enactments and practice relating to the Chancery Division of the High Court shall be followed in such proceedings so far as the same are applicable, mutatis mutandis.

Searches

24

Searches may be made on such days in each week as shall be fixed from time to time by [³³⁹ the judge or district judge as the case may be], and notice thereof shall be printed and kept posted on some conspicuous place in the Office.

Instructing solicitor to attend counsel

25

Except by leave of [³³⁹ the judge or district judge as the case may be] on such terms as to costs or otherwise as to [³³⁹ the judge or district judge as the case may be] may seem just, no counsel shall be heard unless he is instructed by a solicitor who is either personally present or represented by someone in attendance upon counsel at the hearing.

Proceedings by and against the Crown

26

Save as otherwise provided by the Crown Proceedings Act 1947 and these Orders—

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

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

ORDER 44 — Settlement of claims by and money recovered on behalf of minor or [ patient]

Compromise or payment of claim

1

• (1) In any proceedings in which money or damages is or are claimed by or on behalf of or for the benefit of a minor or [³⁴² patient] suing either alone or in conjunction with other parties—

• (a) no settlement or compromise or acceptance of money paid into court, whether before, at or after the hearing, shall be valid without the approval of [³⁴³ the judge or district judge as the case may be];

• (b) no money or damages recovered or awarded in any such proceeding whether by settlement, compromise, payment into court or otherwise before, at or after the hearing shall be paid to any party or to the next friend, guardian ad litem or [³⁴⁴ controller] of any party or to any party’s solicitor unless [³⁴³ the judge or district judge as the case may be] so directs.

• (2) All money so recovered or adjudged or ordered or awarded or agreed to be paid shall be dealt with as [³⁴³ the judge or district judge as the case may be] shall direct and the said money or any part thereof may be so directed—

• (a) to be paid into court and to be invested or otherwise dealt with there; or

• (b) to be otherwise dealt with.

• (3) The directions referred to in paragraph (2) may include any general or special directions that [³⁴³ the judge or district judge as the case may be] may think fit to give, including (without prejudice to the generality of the foregoing provisions) directions as to how the money is to be applied or dealt with and as to any payment to be made either directly or out of the amount paid into court to the plaintiff, to the next friend or to the solicitor for the plaintiff in respect of moneys paid or expenses incurred or for maintenance or otherwise for or on, behalf of or for the benefit of the minor or [³⁴² patient] or otherwise, or to the solicitor for the plaintiff in respect of costs.

• (4) Where, under paragraph (2), money is directed to be paid into court on behalf of a minor, the next friend or solicitor of the minor shall lodge in the Office a copy of the minor’s certificate of birth.

Payment out and transfer of funds and securities in court

2