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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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articles 1

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Save as is otherwise provided in Court Funds Rules, money paid into court under Rule 1(2) or securities purchased under Rule 1(3) and, the dividends or interest thereon shall not be sold, transferred or paid out to the party entitled thereto, except pursuant to the order of [³⁴³ the judge or district judge as the case may be].

Lien for costs

3

Nothing in this Order shall prejudice the lien of a solicitor for costs.

ORDER 45 — Funds in Court

PART I — ACCOUNTS

County Court Bank

1

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

PART II — INVESTMENT OF MONEYS PAID INTO COURT

Investment

2

(1) Moneys paid into court may be invested in the following securities—

(a) securities issued by Her Majesty’s Government in the United Kingdom, the Government of Northern Ireland or the Government of the Isle of Man, being fixed-interest securities registered in the United Kingdom or the Isle of Man, Treasury Bills or Tax Reserve Certificates or any variable interest securities issued by Her Majesty’s Government in the United Kingdom and registered in the United Kingdom;

(b) any securities the payment of interest on which is guaranteed by Her Majesty’s Government in the United Kingdom or the Government of Northern Ireland;

(c) fixed-interest or variable interest securities issued in the United Kingdom by any public authority or by any nationalised industry or nationalised undertaking in the United Kingdom;

(d) debentures issued in the United Kingdom by a company incorporated in the United Kingdom, being debentures registered in the United Kingdom;

(e) equity shares in a public limited liability company whose shares are listed in the Official List of the Stock Exchange;

(f) equity shares in an investment trust company;

(g) any units of a gilt unit trust scheme;

(h) any units of an authorised unit trust scheme;

(i) any shares in an open-ended investment company within the meaning of the Open-Ended Investment Companies Regulations (Northern Ireland) 2004 or the Open-Ended Investment Companies Regulations 2001.

(2) Pending or in lieu of such investment, moneys so paid in may be lodged on deposit receipt in accounts held with the National Debt Commissioners or in accounts held with such bank as the Lord Chancellor may, with the concurrence of the Treasury, designate under section 79 of the Judicature (Northern Ireland) Act 1978.

Interpretation

4

In this Part, the expression—

“debenture” includes debenture stock and bonds, whether constituting a charge on assets or not;

“fixed-interest securities” means securities which under their terms of issue bear a fixed rate of interest;

“local authority” means any of the following authorities— in Northern Ireland, the council of a district; in England and Wales, a local authority within the meaning of the Local Government Act 1972[^f00022], and the council of the Isles of Scilly; in Scotland, a local authority within the meaning of the Local Government (Scotland) Act 1973[^f00023],

“securities” includes shares, debentures; Treasury Bills and Tax Reserve Certificates;

“share” includes stock;

“Treasury Bills” includes Exchequer Bills and other bills issued by Her Majesty's Government in the United Kingdom.

PART III — PAYMENT OUT AND TRANSFER OF MONEYS, DIVIDENDS, INCOME, SECURITIES AND OTHER EFFECTS

Application for payment out, etc.

4

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

(a) the application shall be made to [³⁴⁶ the judge or district judge as the case may be] ex parte,

(b) [³⁴⁶ the judge or district judge as the case may be] on the hearing of the 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 [³⁴⁷ the judge or district judge as the case may be] may direct.

Payment of moneys, dividends and income

5

(1) In respect of any moneys paid into court or investments of such moneys, [³⁴⁷ the judge or district judge as the case may be] may from time to time direct to whom and at what time or times any such moneys, or the dividends or income of any such investments, shall be payable and may vary such order as occasion may require.

(2) [³⁴⁷ The judge or district judge as the case may be] may direct the transfer of such investments to such persons as may be decided to be entitled thereto.

(3) Money, securities and other effects paid into or deposited in court shall not, except as otherwise provided in Order 21, Rule 3 or Court Funds Rules, be paid out or transferred; except upon an order made by [³⁴⁷ the judge or district judge as the case may be].

Parts II and III not to apply to Criminal Injuries Account

6

Parts II and III of this Order shall not apply to moneys lodged to the credit of the Criminal Injuries Account.

ORDER 46 — Grant and revocation of probate and letters of administration

Commencement of proceedings

1

Proceedings under Article 15 of the Order shall be commenced by civil bill (in these Rules referred to as a “testamentary civil bill”) in such one of Forms 183 to 187 as is applicable.

Plaintiff and defendant

2

(1) The person who applies for a grant of probate or letters of administration shall be the plaintiff in any proceedings by civil bill in relation thereto.

(2) A person who lodges a caveat against the grant of probate or letters of administration and appears to a warning of such caveat shall be a defendant.

(3) The person applying for the revocation of probate or letters of administration shall be the plaintiff in any proceedings by civil bill in relation thereto and the party against whom the application is made shall be the defendant in such proceedings.

Parties may be added

3

(1) If on the hearing of any civil bill for the grant or revocation of probate or letters of administration, it appears to [³⁴⁸ the judge] that any person, not being already a plaintiff or defendant therein, ought to be made a party to the suit, he may adjourn the case and direct that such person shall be made a party thereto by amendment of the civil bill and shall be served with the civil bill.

(2) [³⁴⁸ The judge] may direct the mode and manner in which a civil bill is to be served under paragraph (1) and, if he directs substituted service, shall specify when and in what manner such service is to be effected.

Appearance by next-of-kin

4

Any of the next-of-kin or any person who would be entitled to a share in the distribution on intestacy of the estate of an alleged testator or intestate may appear at the hearing of a civil bill to which this Order applies though he may not have been made a party or been served with the civil bill, and upon any such appearance [³⁴⁸ the judge] may, if he thinks fit, amend the process by making such next-of-kin or person so appearing a defendant.

Cross suits

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(1) Where—

(a) a grant of probate or letters of administration with the will annexed is objected to on the ground that there is another will of which probate or letters of administration with the will annexed ought to be granted; or

(b) a grant of administration, in case of an alleged intestacy, is resisted on the ground that a will annexed ought to be granted,

the party applying for probate or letters of administration and the party so setting up another will or a will shall respectively bring cross civil bill processes which shall be heard.

(2) Cross civil bill processes brought under paragraph (1) shall be heard by [³⁴⁹ the judge] at the same sittings and [³⁴⁹ the judge] shall decide upon the validity of the will or wills so set up.

[³⁵⁰ . . .]

Will set up or relied upon

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(1) No person shall be at liberty to set up or rely upon any will not already proved in common form unless such will, together will all testamentary documents or scripts, shall have been lodged in the Principal or District Registry and a grant of probate or letters of administration in respect thereof applied for.

(2) Where an unproved will is required to be produced at the hearing of any testamentary civil bill, the registrar or district registrar having custody thereof may, on a requisition being lodged with him, forward such will by registered post or deliver the same to the chief clerk at the court where the suit is to be heard.

(3) The chief clerk shall receive and produce such will at the hearing of the suit and at the conclusion of the hearing shall transmit such will by registered post or deliver the same to the registry where the will was originally lodged.

(4) The requisition to produce must be lodged in sufficient time to allow a certified copy of the will to be made and filed in the registry prior to the posting thereof.

Entry of civil bill and lodgment of affidavits

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(1) [³⁵¹ Together with the Certificate of Readiness, the testamentary civil bill and a copy of the testamentary civil bill] there shall be lodged with the chief clerk—

(a) a certified copy of the affidavit (the content of which is, subject to anything provided to the contrary by a competent authority, indicated in Form 188) showing that the matter is within the jurisdiction of the court; and

(b) where the plaintiff seeks to obtain a grant of probate or letters of administration, an affidavit specifying the names and addresses of the next-of-kin and such persons as may be entitled according to the law governing the distribution of intestates’ estates to any interest in the assets of the alleged testator or intestate named in the civil bill;

and such affidavits shall be kept amongst the records of the court and be produced by the chief clerk at the hearing of the civil bill.

(2) The affidavit under paragraph (1)(a) shall, except as provided in paragraph (3), be conclusive for the purpose of authorising the exercise of the jurisdiction of the court and the grant or revocation of probate or letters of administration in compliance with the decree of [³⁴⁹ the judge], and no grant of probate or letters of administration shall be liable to be recalled, revoked or otherwise impeached by reason that—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the gross value of the estate so far as it consisted of property other than land, sworn not to exceed [³⁵² £45,000] did in fact exceed that amount or so far as it consisted of land, sworn not to exceed five hundred pounds in annual value, did in fact exceed that amount in annual value.

(3) Where it is shown to [³⁵³ the judge] before or at the hearing of the suit that the affidavit under paragraph (1)(a) is inaccurate and that he has not jurisdiction to hear the suit, he shall stay all further proceedings in his court in the matter, leaving any party to apply to the High Court for the grant or revocation and making such order as to the costs of the proceedings in his court as he thinks fit.

Records

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(1) All testamentary civil bills shall be entered in the Testamentary Civil Bill Book to be kept by the chief clerk and each such suit shall be entered on a separate page, the two sides or pages of one leaf being allotted and allowed for the entry or copy of the one civil bill and of the proceedings on the hearing thereof.

(2) The chief clerk shall immediately following the entry of the process enter in the Testamentary Civil Bill Book the names of all witnesses examined on the hearing of a testamentary civil bill and shall also record the names of all parties to any written instrument produced at the hearing.

(3) The chief clerk shall record in the Testamentary Civil Bill Book the decree or order of [³⁵³ the judge] and shall sign and seal such record.

(4) The chief clerk shall, at all reasonable times, produce the Testamentary Civil Bill Book in the Office to any counsel, solicitor or party to the suit and permit them to search and shall give them, on demand, a copy of any entry therein.

Certificate of decree and decree

9

(1) The certificate of the decree of [³⁵³ the judge] to be transmitted by the chief clerk to the Principal or District Registry shall be in Form 189.

(2) The decree shall be in Form 190 or 191 or, where the suit is stopped for want of jurisdiction, in Form 192.

Where all parties are not present at the hearing

10

Upon the hearing of any testamentary civil bill, [³⁵³ the judge] may, whether or not all the parties to the suit are present, proceed to consider the subject-matter of the civil bill and make a decree thereon, or he may adjourn the proceedings from time to time as he thinks fit.

Jurisdiction, powers and authority

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[³⁵³ The judge] in any proceedings for the grant or revocation of probate or letters of administration shall, subject to the provisions of the Act and these Rules, have the like jurisdiction, powers and authority to decide the matters at issue and to enforce any decree made therein or any order made in relation thereto as in any ordinary action.

Application of rules, practice and forms

12

The rules, practice and forms in force and used in respect of proceedings other than proceedings for the grant or revocation of probate or letters of administration shall, so far as applicable and subject to the Rules of this Order, apply mutatis mutandis to proceedings for the grant or revocation of probate or letters of administration.

ORDER 47 — Construction of deeds, wills, etc., and determination of rights of persons thereunder

Application

1

(1) An application by any person claiming to be interested under a deed, will or other written instrument for the determination of any question of construction arising thereunder and for a declaration of the rights of persons interested shall be brought by equity civil bill.

(2) The civil bill shall be in Form 193 and, subject to Rule 2, shall be served on every person appearing to the plaintiff to have an interest in the question sought to be determined.

(3) The application shall be supported by such evidence as [³⁵⁴ the judge or district judge as the case may be] may require.

Judge's powers as to service and representation

2

[³⁵⁴ The judge or district judge as the case may be] at the hearing shall have power—

(a) to dispense with service of the civil bill on such persons as he thinks fit;

(b) to appoint some one or more than one person to represent a class;

(c) to direct service of the civil bill on any person not served therewith and appearing to him to have an interest in the said question.

Equity rules and practice to apply

3

Where not otherwise provided by these Rules the rules and practice for the time being in force in relation to civil bills in equity suits shall apply to all such applications as aforesaid.

[ ORDER 48 — [ Licensing, Bookmaking Office Licences and Registration of Clubs]

PART I — GENERAL

Interpretation

1

(1) In this Order;

in Parts II to IV and VI “the Licensing Order” means the Licensing (Northern Ireland) Order 1996³⁵⁷ and expressions which are defined in that Order have the same meaning as in that Order;

in Parts V and VI, “the Registration of Clubs Order” means the Registration of Clubs (Northern Ireland) Order 1996³⁵⁸ and expressions which are defined in that Order have the same meaning as in that Order;

[³⁵⁹ In Part VII, “the Betting, Gaming, Lotteries and Amusements Order” means the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 and expressions which are defined in that Order have the same meaning as in that Order]

(2) The notes appended to the forms do not form any part thereof and are so appended only for the purpose of assisting their proper completion.

PART II — APPLICATIONS FOR THE GRANT OF LICENCES

Notices of application

2

(1) Notice of application in accordance with Articles 7 or 9 of and Schedule 1 to the Licensing Order for the grant or, as the case may be, for the provisional grant of a licence shall be in one of Forms 194 to 201 as may be appropriate; so, however, that the notice required by paragraph (1)(a) of that Schedule to be inserted in the newspapers referred to in that paragraph and the notice required by paragraph (1) (b) of that Schedule to be displayed for the time and in the manner specified by that paragraph, may omit to specify the address of the applicant for the licence where the notice gives the address of the solicitor for the applicant.

(2) A person intending to make an application for the grant or declaration of the final grant of a licence, in addition to complying with paragraph 1 or paragraph 11 of Schedule 1 to the Licensing Order, as the case may be, shall not less than three weeks before the time of the opening of the court at which the application is to be heard, serve a copy of the notice upon the clerk of petty sessions ....

(3) Where it is intended to apply to the court which grants a licence or declares a licence provisionally granted to be final for—

(a) an order under Article 43 of the Licensing Order directing that the permitted hours for part of such premises of a kind mentioned in Article 5(1)(a) of the Licensing Order for which the court imposes a condition under Article 43(2) of the Licensing Order shall be the hours mentioned in Article 42(2) of the said Order; or

(b) an order under Article 44 of the Licensing Order directing that, on such days as may be specified, the hours mentioned in Article 44(2) of the Licensing Order shall, in addition to the hours mentioned in Article 42(1) of the said Order, be included in the permitted hours for such part or parts of the premises which are specified in the order; or

(c) an order under Article 48 of the Licensing Order specifying any part of the premises as suitable for functions such as are mentioned in Article 47(5) of the Licensing Order (functions for which extension licences may be granted); or

(d) the grant of a children’s certificate under Article 59 of the Licensing Order,

such intention shall be stated in the notice of application for the grant or in the notice of application for the provisional grant, as the case may be; and the plan attached to the notice in accordance with paragraph 3 of Schedule 1 to the Licensing Order shall particularly delineate or distinguish the part of the premises for which the order or certificate is sought.

(4) Where notice is given of an application for the grant or provisional grant of a licence for premises on a site approved by declaration under Article 10 of the Licensing Order the notice shall refer to the fact that the premises are of a kind approved for that site by declaration.

(5) A notice of application for a declaration that the grant of a licence is final in accordance with Article 9(7) of the Licensing Order shall be in Form 202 and the applicant shall attach the licence to the notice for the purposes of Article 9(10) of the Licensing Order.

(6) A person intending to apply for the consent of the court under Article 9(6) to the Licensing Order to the modification of plans at any time before a licence provisionally granted has been declared final shall—

(a) not less than three weeks before the time of the opening of the court sittings at which application is to be heard, serve notice in Form 203 on the chief clerk and serve copies of the notice on the sub-divisional commander of the police sub-division in which the premises are or are to be situated and on the district council for the district in which the premises are or are to be situated;

(b) attach to such notice and copy notices copies of the modified plans complying with Rule 6 and clearly showing the proposed modifications.

(7) A notice of intention to object in accordance with—

(a) paragraphs 4 and 6 or 13 and 14 of Schedule 1 to the Licensing Order to the grant, provisional grant or grant of the licence being declared final, as the case may be, shall be in Form 204;

(b) paragraphs 7A and 7B of Schedule 1 to the Licensing Order to—

(i) the making of an order under Article 43 of the Licensing Order (alternative permitted hours for off sales);

(ii) the making of an order under Article 44 of the Licensing Order (additional permitted hours);

(iii) the making of an order under Article 48 of the Licensing Order (suitability of premises for functions); or

(iv) the grant of a children’s certificate under Article 59 of the Licensing Order,

shall be in Form 204A.

(8) A notice published in the newspapers as required by paragraph 1(a) of Schedule 1 to the Licensing Order and a notice displayed at the premises as required by paragraph 1(b) of that Schedule shall—

(a) include a reference to the requirement that any person owning or residing or carrying on business in premises in the vicinity of the premises for which the licence is sought who intends to object to the grant of the licence must, in accordance with paragraph 6 of Schedule 1 to the Licensing Order, serve notice of his intention to object upon the applicant and the chief clerk, not less than one week before the time of the opening of the court sitting specified in the notice so published;

(b) state that the permissible grounds of objection are such as are specified in Article 7(4)(a) to (e)(i) of the Licensing Order, namely, failure to comply with the correct procedure, unfitness of applicant, unsuitability of premises and, where the premises are of a kind mentioned in Article 5(1)(a) or (b) only and Article 7(6) or paragraph 6 of Schedule 3 to the Licensing Order does not apply, that the number of licensed premises of that kind in the vicinity is or will be adequate; and [shall state that]—

(i) in the case of an application under Article 43, the permissible grounds of objection are as specified in Article 43(2) (structural suitability);

(ii) in the case of an application under Article 44, the permissible grounds of objection are as specified in Article 44(1) and (3) (structural suitability and undue inconvenience to residents);

(iii) in the case of an application under Article 48 the permissible grounds of objection are as specified in Article 48(2) (suitability of premises);

(iv) in the case of an application under Article 59 the permissible grounds of objection as specified in Article 59(2) (suitability of premises for children).

(9) A notice of intention to object, under paragraph 5 of Schedule 1 to the Licensing Order, to the surrender of a subsisting licence shall be in Form 205.

Documents to be produced at hearing of application

3

(1) Where the application is for the grant or declaration of the final grant of a licence for an hotel or a guest house, evidence that the premises comply with Article 2(2) of the Licensing Order as being premises of an establishment allocated by a certificate under Article 13 of the Tourism (Northern Ireland) Order 1992 to the statutory category of hotel or guest house, as the case may be, shall be given at the hearing of the application by production of a certificate to that effect issued by the Northern Ireland Tourist Board.

(2) Where the application is for the grant or declaration of the final grant of a licence for a conference centre, evidence that the premises comply with Article 2(2) of the Licensing Order as being premises for which there is in force a certificate allocated by the Northern Ireland Tourist Board stating that the premises conform to the prescribed requirements, shall be given at the hearing of the application by production of a certificate to that effect issued by the said Board.

(3) Where the application is made for a licence under the Licensing Order for any place of entertainment , indoor arena or outdoor stadium, any licence required by a council under Schedule 1 to the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985³⁶⁰ shall be produced at the hearing of the application.

(4) Where the application is for the grant or declaration of the final grant of a licence for an outdoor stadium, evidence that the premises comply with Article 2AA(c) of the Licensing (Northern Ireland) Order 1996 as being premises which are designated in Regulations as a stadium which the Department considers to be of importance to the whole of Northern Ireland shall be given at the hearing of the application by production of a copy of the relevant Regulations.

PART III — APPLICATIONS FOR DECLARATIONS OF APPROVED SITES UNDER ARTICLE 10 OF THE LICENSING ORDER

4

(1) Notice of application in accordance with paragraph 3 of Schedule 3 to the Licensing Order for a declaration under Article 10 of that Order shall be in Form 206.

(2) Notice of intention to object in accordance with the said paragraph 3 shall be in Form 207.

(3) Such a declaration shall be in Form 208.

PART IV — MISCELLANEOUS

5

(1) Notice of application in accordance with paragraph 2 of Schedule 8 to the Licensing Order for an order under Article 31(1)(i) of that Order for the consent of the court to such alterations as are referred to in Article 31(1)(a) to (d) of that Order shall be in Form 209.

(2) Notice of intention to object under paragraph 5 of Schedule 8 to the Licensing Order shall be in Form 210.

(3) An order consenting to such alterations shall be in Form 211.

Requirements for plans to be attached to notice of application

6

(1) The plan required by paragraph 3(1) of Schedule 1 to the Licensing Order to be attached to a notice of application for the grant of a licence shall be to scale of [³⁶¹ 1: 100) on substantial paper or material and shall show each floor of the premises on a separate page measuring, where practicable, approximately 46 cms by 46 cms and certified by an architect, surveyor or any other person considered by the court to be competent to do so.

(2) The plan shall show the parts of the premises in which intoxicating liquor is sold, or in which it is intended that intoxicating liquor should be sold, by clearly distinguishing in bold hatched or shaded colour between that and other parts of the premises.

(3) Where the application relates to an hotel or guest house, each of the following parts shall be clearly distinguished (by shading in separately each part in a different colour from the others) namely, the part—

(a) in which customers who are not resident or the guests of residents may be served intoxicating liquor;

(b) in which only residents may be served;

(d) set apart for the service of main table meals whether to the public or to residents or their guests;

(e) set apart for the service of intoxicating liquor and other beverages to diners before or after such meals.

Copies of notices for divisional commander to be lodged at police station within police division

7

(1) Any notice, document or copy thereof required by the Licensing Order or this Order to be served on the sub-divisional commander of a police sub-division shall be served, unless the sub-divisional commander otherwise directs, by being lodged with a member of the Police Service of Northern Ireland for the time being in charge of a police station within the police sub-division in which the premises to which the document relates are or are to be situated; or, as the case may be, in which the applicant resides.

(2) Notwithstanding anything in Article 2(9) of the Licensing Order, where the applicant is a body corporate, paragraph (1) shall have effect as if for the reference to the police sub-division in which the applicant resides there were substituted a reference to that in which the body has its principal or registered office.

ORDER 49 — Rent

PART I — GENERAL

Interpretation

1

In this Order “the Order” means the Rent (Northern Ireland) Order 1978³⁶³.

PART II — APPEALS UNDER ARTICLE II OF THE ORDER

Appeals to the county court against restricted rent certificates, regulated rent certificates and against refusal of application for regulated rent certificate

2

(1) An appeal under Article 11 of the Order shall be by notice in such one of Forms 212 to 215 as may be appropriate and an order made by the court on such appeal may be in one of Forms 216 to 223.

(2) The District Council shall be the respondent to the appeal and the appellant shall serve the notice on the respondent in accordance with Rule 10 and shall lodge the notice with the chief clerk together with a copy of the restricted rent certificate or regulated rent certificate served on the appellant by the respondent or, where the appeal is against the refusal of an application under Article 9 of the Order, of the notice of refusal of the application.

(3) The appellant shall, in addition to complying with paragraph (2), serve in accordance with Rule 9 a copy of the notice of appeal upon the landlord or, as the case may be, the tenant who shall thereupon become a party to the appeal and may appear and be heard.

PART III — APPLICATIONS UNDER ARTICLE 20 OF THE ORDER

Applications by tenant for compensation under Article 20 of the Order

3

(1) An application by a tenant for compensation under Article 20 of the Order shall be by notice in Form 224.

(2) The landlord shall be the respondent to the application and the applicant shall serve the notice of the respondent in accordance with Rule 9 and shall lodge a copy with the chief clerk.

(3) An order awarding compensation under Article 20 of the Order may be in Form 225.

PART IV — APPEALS UNDER ARTICLE 47 OF THE ORDER

Appeals by landlord or tenant under Article 47 against issue by district council of certificate of disrepair, etc.

4

(1) An appeal under Article 47 of the Order shall be by notice in such one of Forms 226 to 229 as may be appropriate and an order made by the court may be in one of Forms 230 to 233.

(2) The District Council shall be respondent to the appeal and the appellant shall serve the notice on the respondent in accordance with Rule 9 and shall lodge a copy of the notice of appeal with the chief clerk together with the certificate of disrepair issued under Article 46 or the Order by the District Council or, where the District Council has issued a notice stating that it does not intend to issue such a certificate, a copy of that notice.

(3) The appellant shall, in addition to complying with paragraph (2), serve in accordance with Rule 9 a copy of the notice of appeal upon the landlord or, as the case may be, the tenant who shall thereupon become a party to that appeal and may appear and be heard.

PART V — APPLICATIONS UNDER ARTICLE 69 OF THE ORDER

Applications under Article 69 of the Order for determination of certain questions in relation to tenancy

5

(1) An application under Article 69 of the Order made for the purpose of determining any question—

(a) as to whether a tenancy is a protected tenancy or whether any person is a statutory tenant of a dwelling-house; or

(b) as to the rent recoverable under a regulated or restricted tenancy; or

shall be by notice in such one of Forms 234 to 237 as may be appropriate and a determination made by the Court on any such application may be in one of Forms 238 to 241.

(2) The landlord or, as the case may be, the tenant shall be the respondent to the application and the applicant shall serve the notice on the respondent in accordance with Rule 9 and shall lodge a copy of the notice with the chief clerk together with a copy of any tenancy agreement referred to in the notice.

(3) The particulars of the tenancy in the notice shall state whether a protected tenancy purports to have been determined and the date of such termination and where it is alleged by the applicant that a statutory tenancy has arisen by succession or otherwise shall state the manner in which the tenancy has arisen.

(4) The particulars of any protected tenancy shall state the valuation of the dwelling-house at the grant of the tenancy, the permitted rent under the Rent Restriction Acts and how it is calculated by reference to the standard rent and any permitted increase under those Acts and whether the rates are payable by the landlord or tenant.

(5) Where the application is for the determination of any such question as is referred to in paragraph (b) of Article 69(1) of the Order, the particulars in the notice shall in addition to those required under paragraph (4) include—

(a) whether or not a regulated rent certificate or restricted rent certificate has been issued by a District Council with respect to the dwelling-house;

(b) the net annual value of the dwelling-house as ascertained for the purposes of the Order under Article 71 thereof;

PART VI — APPLICATIONS UNDER SCHEDULE 1 [ . . .] TO THE ORDER

Applications for decision under paragraph 4 or 9 of Schedule 1 to the Order

6

(1) An application under paragraph 4 of Schedule 1 to the Order shall be by notice in Form 242 and an order made on such decision as is referred to in that paragraph shall be in Form 243.

(2) Such person or persons who are members of the original tenant’s family referred to in paragraph 4 of Schedule 1 to the Order and who is not an applicant or who are not applicants for a decision of the court under that paragraph shall be the respondent or respondents to such an application.

(3) An application under paragraph 9 of Schedule 1 to the Order shall be by notice in Form 244 and an order made on such decision as is referred to in that paragraph shall be in Form 245.

(4) Such person or persons who are members of the first successor’s family referred to in paragraph 9 of Schedule 1 to the Order and who is not an applicant for a decision of the court under that paragraph shall be the respondent or respondents to such an application.

(5) The applicant shall serve notice of the application on the respondent or respondents in accordance with Rule 9 and shall lodge a copy of the notice with the chief clerk.

Applications for an order under paragraph 2(1) of Schedule 2 to the Order

7

(1) An application under paragraph 2(1) of Schedule 2 to the Order shall be on notice in Form 246 and an order under paragraph 2(2) of this Schedule made on such application may be in Form 247.

(2) An order made under paragraph 2(3) of Schedule 2 to the Order may be in Form 248.

(3) The spouse entitled to occupy the dwelling-house by virtue of the protected or statutory tenancy shall be the respondent to the application and the applicant shall serve the notice on the respondent and on the landlord of the house subject to the tenancy in accordance with rule 9 and shall lodge a copy with the chief clerk.

(4) Before hearing such an application as is referred to in paragraph (1) of this rule the Court shall ascertain that notice has been served on the landlord under paragraph (3) in accordance with paragraph 2(7) of Schedule 2 to the Order and shall, before making an order upon such application, give the landlord an opportunity of being heard.

PART VII — SUPPLEMENTARY

Court to which appeals and applications under the Order to be made

8

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

Service of notice and entry of appeals or applications

9

(1) Notice of an appeal or an application to be served on any party under these rules shall be served in accordance with Order 6 not less than twenty-eight days before the [³⁶⁶ date fixed for the hearing].

(2) The appellant or applicant shall lodge a copy of the notice with the chief clerk at his office duly endorsed as to service and shall, where notice was served on the respondent by post in accordance with Order 6, attach to the copy any certificate of posting.

[³⁶⁷ . . .]

ORDER 50 — [Adoption]

PART I — COMMENCEMENT OF PROCEEDINGS

Interpretation

1

In this Order—

(a) “the Act” means the Adoption Act (Northern Ireland) 1967⁴;

(b) “adoption order” includes a provisional adoption order within the meaning of section 38 of the Act;

(c) “area board” means the Health and Social Services Board established under the Health and Personal Social Services (Northern Ireland) Order 1972 for the area in which the petitioner is, or was at the relevant time, resident;

(d) “chief clerk” means the chief clerk for the county court division in which the application is being made;

(e) “Registrar General” means the Registrar General for Northern Ireland.

2

Where service of notice to an area board of intention to apply for an adoption order is required under section 3(1)(b) of the Act such notice shall be in Form 249 and an affidavit of such service in accordance with Rule 26 shall be lodged with the chief clerk together with the copy of any such notice exhibited to the petition in accordance with Rule 26(2).

Application to be by petition

3

(1) Subject to paragraph (2), an application for an adoption order shall be made by petition in Form 250.

(2) An application for a provisional adoption order under section 38 of the Act shall be made by petition in Form 251.

Sittings at which petitions to be heard

4

Every petition shall be listed for hearing at and heard at the sitting of the court for equity matters or on such other day or days as the Judge may appoint.

Issue of petition

5

The petition shall be submitted, in accordance with Rule 26, to the chief clerk for issuing not less than one month before the day appointed for the hearing together with copies for service in accordance with Rule 7(1) and a copy for the use of the court; and he shall issue the petition by assigning a serial number thereto, and endorsing on the original and copies thereof a notice of the date of hearing and an interim appointment of the appropriate area board as guardian ad litem and shall return the copies for service.

Verification of petition and documents to be exhibited thereto

6

(1) Every petition and every document exhibited thereto under paragraph (2) shall be verified by affidavit in the form appended to Forms 250 and 251.

(2) Every document proper for proving the statements in the petition shall be exhibited thereto and in particular—

(a) where notice under section 3(1)(b) of the Act is required to be served on the area board, a copy of the notice served;

(b) except where the petitioner desires the court under section 5(1) of the Act to dispense with the consent of a parent or guardian of the infant, a document attested in accordance with section 6(3) of the Act signifying the consent of every parent or guardian of the infant in Form 252;

(c) except where the petitioner desires the court under section 5(3) of the Act to dispense with the consent of his or her spouse or except where the petition is made jointly by two spouses, a statutory declaration in Form 253 signifying the consent of the spouse of the petitioner;

(d) where the petition is a joint petition by spouses, their marriage certificate or other evidence of marriage;

(e) where the birth of the infant has been registered or where the infant has been previously adopted, the birth certificate or, as the case may be, a certified copy of the entry in the Adopted Children Register, referred to in the Form of consent by the parent or guardian;

(f) except where the petitioner is the mother or father of the infant or the infant has reached the upper limit of compulsory school age, the certificate of a fully-registered medical practitioner as to the health of the petitioner or petitioners which may be in Form 254.

Service of petition or notice of presentation

7

(1) The petitioner shall, not less than twenty-one days before the day appointed for the hearing of the petition, serve a copy of the petition on the guardian ad litem and, unless he desires his identity to be kept confidential, upon—

(a) the parents (other than a petitioning parent) or guardian (if known) of the infant;

(b) any person liable by virtue of any order or agreement to contribute to the support of the infant;

(c) any person or body having the rights and powers of a parent of the infant under section 104 of or paragraph 14(1) of Schedule 5 to the Children and Young Persons Act (Northern Ireland) 1968⁵;

(d) the area board to whom the applicant has given notice under section 3(1) of the Act, where such area board is not the guardian ad litem;

(e) any adoption society or, without prejudice to the foregoing, any local authority who has taken part in the arrangements for the adoption of the infant; and

(f) any other person whom the court may direct;

and the court may, in its discretion, dispense with service of the copy of the petition or notice referred to in paragraph (2) on any of the persons mentioned in sub-paragraphs (a) to (e).

(2) If the petitioner desires, as stated in the petition, that his identity be kept confidential he shall, in lieu of a copy of the petition, serve upon the persons mentioned in paragraph (1)(a) to (f) a copy of a notice in Form 255.

(3) If the petitioner has no solicitor acting for him, the notice in Form 255 of the presentation of the petition shall be signed by the chief clerk.

Notice of objection to the making of an adoption order

8

Anyone wishing to object to the grant of an adoption order shall within ten days of the date of service on him of a copy of the petition or, as the case may be, notice of the presentation of the petition, give the chief clerk written notice of his intention to object quoting the serial number of the petition.

Appointment of guardian ad item

9

(1) The chief clerk shall, after receipt of the petition, make an interim appointment of the appropriate area board as a guardian ad litem under section 11 of the Act, which appointment may be incorporated in the form of notice to be endorsed on the petition at the time of its issue.

(2) Such appointment may be confirmed by the judge or he may make another appointment under the said section 11.

(3) Rule 15 of Order 3 shall not apply to the appointment of a guardian ad litem under this Rule.

Functions of guardian ad item

10

(1) The guardian ad litem shall, with a view to safeguarding the welfare of the infant, investigate as fully as possible all the circumstances relevant to the proposed adoption and shall, not later than seven days before the date appointed for the hearing of the petition, serve on the chief clerk a confidential report setting forth all the relevant circumstances including the following information:—

(a) particulars of the accommodation in the petitioner's home, its condition and of all the members of the petitioner's household;

(b) the means of the petitioner and whether they are such as to enable him to bring up the infant suitably;

(c) whether the petitioner suffers or has suffered from any serious illness and whether there is any history of tuberculosis, epilepsy or mental illness in the petitioner's family;

(d) the occupation or status of the petitioner;

(e) where the petition is that of one only of two spouses, why the other spouse is not a joint petitioner;

(f) whether the petitioner understands the nature of an adoption order and, in particular, that the order if made will render him responsible for the maintenance and upbringing of the infant;

(g) what rights, if any, the infant has in any property;

(h) whether any insurance policy has been effected on the life of the infant, including any insurance relating to the infant under the enactments relating to friendly societies, collecting societies or industrial insurance companies to which section 21 of the Act applies whereby the rights and liabilities under such insurance will by virtue of an adoption order be transferred to the adopters;

(i) whether any person or body has given or agreed to give or, Whether directly or indirectly, agreed to receive any payment or reward whatsoever in consideration of or in connection with the adoption of the infant;

(j) whether the infant is able to understand the nature of an adoption order and, if so, whether the infant wishes to be adopted by the applicant;

(k) except where the petitioner or one of the petitioners is the mother of the infant, the date on which the mother of the infant ceased to have the infant in her care and possession and the name of any person to whom such care and possession was transferred;

(l) whether every consent to the making of an adoption order was freely given and with full understanding of the nature and effect of such order;

(m) where either parent of the infant is dead, who are the infant's surviving relatives and whether any such relative, so far as may be ascertained, wishes to be heard on the petition;

(n) where the infant is illegitimate, whether an affiliation order has been made in favour of the mother of the infant and the name, if known to the guardian ad litem, of the putative father or if anyone as putative father is liable by virtue of any order or agreement to contribute to the maintenance of the infant and whether the putative father wishes to be heard on the petition;

(o) whether the infant has been baptised;

(p) if the infant has been medically examined, a report of the examination;

(q) the religious persuasion of the petitioner;

(r) why the petitioner wishes to adopt the infant;

(s) such other information including an assessment of the applicant's personality and, where appropriate, that of the infant as has a bearing on the mutual suitability of the petitioner and the infant and on the ability of the petitioner to bring lip the infant.

(2) Without prejudice to paragraph (1), the guardian ad litem shall inform the court if he learns of any person or body who wishes or ought, in his opinion, to be heard by the court on the question whether an adoption order should be made.

(3) The guardian ad litem shall ascertain and inform the petitioner—

(a) what treatment the infant has received with a view to immunising him against disease;

(b) whether an insurance policy for the payment of funeral expenses on the death of the infant has been effected.

PART II — HEARING OF PETITION

Objections

11

(1) Where the chief clerk receives notice of objection under Rule 8 he shall notify the judge, the petitioner or his solicitor and the guardian ad litem, and the judge shall direct what steps are to be taken.

(2) The judge may direct that the person who served such notice of objection shall appear before him in his chambers on a date fixed by him and upon hearing the nature or grounds for objection made by him or by his legal representative on his behalf may make such direction or order as appears just.

Procedure on the hearing

12

(1) Any proceedings under the Act shall be heard in Chambers.

(2) Without prejudice to Rule 26(2), evidence may be given orally or on affidavit, but the judge may where the evidence of any party is on affidavit require such person to give oral evidence.

(3) The court may refuse to make an adoption order, unless all parties, including the infant, attend before it, but it shall have power in its discretion to dispense with the attendance of any party, including the infant.

Privacy of proceedings

13

(1) The court may direct that any of the parties shall attend separately and apart from the others or that any party, including the infant, shall be interviewed privately and separately.

(2) Without prejudice to Rule 12(1), adoption proceedings shall in general and, in particular, having due regard to any express statement in a petition that the petitioner desires his identity to be kept confidential, where practicable, be so conducted as to ensure that a petitioner is not seen by or made known to any person whose consent to the adoption order is required.

Provisional adoption orders

14

(1) An applicant for a provisional adoption order shall provide evidence of the law of adoption of the country in which he is domiciled.

(2) An affidavit as to that law sworn by a person who is conversant with it and who practises or has practised as a barrister or advocate in that country or is a duly-accredited representative of the government of that country in the United Kingdom shall, if it is exhibited to the petitioner for the provisional adoption order, be admissible without any such notice as is required by Rule 5 of Order 24.

(3) Where, owing to special circumstances, a petition for a provisional adoption order appears proper to be dealt with by the Lord Chief Justice, the court may direct that such petition be transferred accordingly.

(4) Where a direction is made under paragraph (3), the chief clerk shall transmit the petition and all other documents in his possession relating thereto to the Master (Care and Protection).

Interim Orders

15

(1) Where the court under section 8 of the Act postpones the determination of the application for an adoption order and makes an interim order in accordance with that section, the interim order shall be in Form 256 and the forms and duration of the order specified under subsection (1) of that section shall be fully set out in the order.

(2) The petitioner shall, not less than twenty-one days before the expiration of the period specified in the interim order, or such extended period as the court may in special circumstances allow, serve on the guardian ad litem and such other person or persons (if any) as the court may direct, an application for the final determination of his petition for an adoption order or for the discharge of the interim order, as the case may be, and not less than seven days before the day appointed for the hearing of the application file a copy thereof with the chief clerk together with the affidavit of such service in accordance with Rule 26.

(3) An application for the final determination of a petition for an adoption order referred to in paragraph (2) shall be in Form 257 and an application for the discharge of the interim order shall be in Form 258.

(4) An application by a guardian ad litem under section 8(6) of the Act for the final determination of the petition for an adoption order shall be in Form 259 and the guardian ad litem shall, not less than twenty-one days before the day appointed for the hearing of the application, serve such application on the petitioner and on such other persons, if any, as the court may direct and not less than seven days before that day file a copy thereof with the chief clerk together with the affidavit of such service in accordance with Rule 26.

(5) The provisions of Rules 12 and 13 shall apply to an application for the final determination of a petition for an adoption order or for the discharge of an interim order in accordance with this Rule.

(6) An order discharging an interim order shall be in Form 260.

PART III — GENERAL

Where previous application made for adoption of same infant

16

If it appears that the applicant has previously made an application for an adoption order in respect of the same infant to the High Court or to a county court and that the court after hearing the application refused to grant such order, the chief clerk shall bring the matter to the attention of the judge and the court shall not proceed on the application unless the judge is satisfied that there has been a substantial change in the circumstances since the previous application.

Cases more fit to be dealt with by the High Court

17

Subject to Rule 14(3), if owing to special circumstances any application appears to the judge more fit to be dealt with by the High Court, he may, at any stage of the proceedings, refuse on that ground expressly to make an order.

18

(1) Where a document signifying the consent of a parent or guardian to an adoption order is executed outside the United Kingdom it shall be sufficiently attested for the purposes of section 6(3) of the Act if it is attested by any of the following persons—

(a) any person for the time being authorised by law in the place where the document is executed to administer an oath for any judicial or legal purpose;

(b) a British consular officer;

(d) if the person executing the document is serving in any of the regular armed forces of the Crown, an officer holding a commission in any of those forces.

(2) In paragraph (1)(d) the expression “regular armed forces of the Crown” means thy Royal Navy, the regular forces as defined by section 225 of the Army Act 1955⁶, the regular air force as defined by section 223 of the Air Force Act 1955⁷, the Women's Royal Naval Service, Queen Alexandra's Royal Naval Nursing Service and Voluntary Aid Detachments serving with the Royal Navy.

Keeping of documents and information

19

(1) All documents relating to proceedings under the Act, the Adoption of Children Act (Northern Ireland) 1950⁸ or any enactment repealed by the said Act of 1950 shall, while they are in the custody of the court, be kept in a place of special security.

(2) Any information obtained by any person in the course of, or relating to proceedings under the said Acts, shall be treated as confidential and shall not be disclosed by him except so far as may be necessary for the proper execution of his duty.

Birth certificates

20

(1) Where the infant is identified in the petition for an adoption order by reference to a birth certificate which is the same, or relates to the same entry in the Register of Births, as a birth certificate referred to in a form of consent by a parent or a guardian of the infant, the infant whom the petitioner desires to adopt shall be deemed, unless the contrary appears, to be identical with the infant to whom the form of consent refers.

(2) Where the infant has previously been adopted, paragraph (1) shall have effect as if for references to a birth certificate there were substituted references to a certified copy of an entry in the Adopted Children Register and as if for the reference to the Register of Births there were substituted a reference to that Register.

Form and transmission of orders

21

(1) Subject to paragraph (2), an adoption order shall be in Form 261.

(2) A provisional adoption order shall be in Form 262 and in the fifth column of the Schedule thereto there shall be recorded the fact that the order is provisional.

(3) It shall be the duty of the applicant or his solicitor to forward to the chief clerk the appropriate form of order for signing and sealing, within one month from the date of hearing.

(4) The chief clerk shall be the prescribed officer for the purposes of section 24(6) and of section 25(2) of the Act and upon the making of an adoption order or an amendment to such order, he shall forward to the Registrar General a sealed copy thereof by registered post or by the recorded delivery service in an envelope marked “Confidential”.

Copies of adoption orders not to be supplied except in certain cases

22

(1) The chief clerk shall not supply a copy of or any information relating to an adoption order or an interim order or allow access to any file except—

(a) in accordance with Rule 21(4); or

(b) at the request of the Registrar General, the adopters or a petitioner; or

(2) This Rule also applies to an adoption order or an interim order made under the Adoption of Children Act (Northern Ireland) 1950 or any enactment repealed by that Act.

Notice of decision of court to be given

23

Where a person has objected to the making of an adoption order, the chief clerk shall as soon as practicable after the decision of the court on the application for such order, give notice thereof to that person and to the petitioner.

Notice to court by which an affiliation order has been made

24

Where an adoption order is made in respect of an infant who is illegitimate, then, unless the adopter is the mother of such infant and she is a single woman, the chief clerk shall serve notice of the order on any court which appears to him to have made an affiliation order which is still in force with respect to the infant.

Application for amendment or revocation of adoption orders, supply of copies, etc.

25

(1) An application—

(a) under section 25(1) of the Act for the amendment of an adoption order or for the revocation of a direction for the marking of an entry in the Register of Births or Adopted Children Register;

(b) under section 3 of the Legitimacy Act (Northern Ireland) 1961⁹ for the revocation of an adoption order;

(d) under section 23(3) of the Act for an order for the furnishing of information contained in the books kept by the Registrar General under section 23(1)(c) thereof;

may be made ex parte in the first instance, but the Judge may require notice of the application to be served on such persons as he may direct.

(2) Where an application referred to in sub-paragraph (a) or (b) of paragraph (1) is granted, the chief clerk shall send to the Registrar General a notice specifying the date of the adoption order and the names of the adopter and of the adopted person as given in the Schedule to the adoption order and either stating the amendments to the adoption order made by the court or informing him of the revocation of the direction or adoption order, as the case may be.

(3) Where an application referred to in sub-paragraph (d) of paragraph (1) is granted, the chief clerk shall send a copy of the order of the court to the Registrar General.

(4) Such notice or order shall be contained in an envelope marked “Confidential” and sent by registered post or by the recorded delivery service.

(5) Where an adoption order made under the Adoption of Children Act (Northern Ireland) 1929¹⁰ or under the Adoption of Children Act (Northern Ireland) 1950¹¹ is amended, the said notice shall be in a form similar to the Schedule to Form 261 and contain all the particulars to be entered in the Adopted Children Register.

Service and filing of documents

26

(1) A notice or other document or copy thereof required to be served or sent under the Act or this Order may be served personally on the person to be served or sent by registered post or by the recorded delivery service in an envelope addressed to the person to be served at his place of residence or, in the case of service on an area board or other body, addressed to it at its official address or by delivering it personally to the secretary, clerk or other responsible officer of the authority or body at its office.

(2) Proof of service of documents under the Act and this Order shall be on affidavit.

(3) Where a document is served by post in accordance with this Rule—

(a) the envelope in which it is enclosed shall be marked “Confidential”; and

(b) the receipt for its posting shall be attached to the copy thereof referred to in the affidavit of posting.

(4) A petition submitted to the chief clerk for issue under Rule 5, and any notice, affidavit, or other document or copy thereof required to be filed with the chief clerk under these Rules shall be so submitted, or, as the case may be, filed either by delivery thereof to him personally or to some responsible person at his office or by sending the document by registered post or by the recorded delivery service in an envelope addressed to him at that office.

(5) Notwithstanding anything in Order 6, any notice, petition or other document referred to in this Rule may be served by a process server, a solicitor or member of the staff of that solicitor's office over sixteen years of age.

Enlargement or abridgement of time in special circumstances

27

The court shall have power, in special circumstances, to enlarge or abridge the time appointed or allowed by this Order (not being a time specified in the Act) for doing any act or taking any proceedings, upon such terms (including terms as to costs) as it thinks fit and any enlargement may be ordered although the application therefor is not made until after the expiration of the time appointed or allowed.

Application of equity practice and procedure

28

In any matter not provided for in the foregoing rules, the practice and procedure of the Court in equity matters shall be followed.

[ ORDER 51 — [ Family Proceedings]

[ PART I] — CHILD ABDUCTION AND CUSTODY ACT 1985

Decrees to carry costs

1

In this [³⁷⁸ Part of this] Order—

(a) a section referred to by number means the section so numbered in the Child Abduction and Custody Act 1985³⁷⁹; and

“the Hague Convention” means the Convention defined in section 1(1);

“the High Court” includes the High Court of Justice in England and Wales [³⁸⁰ and the High Court of Justice of the Isle of Man].

Scales of costs

2

(1) Where proceedings relating to the merits of the rights of custody (as construed in section 9) are pending before a court and that court receives notification from the High Court or the Court of Session of proceedings under the Hague Convention in respect of the child concerned, those pending proceedings shall be stayed and the chief clerk shall notify the parties to the pending proceedings accordingly.

(2) Where a court in which pending proceedings have been stayed under paragraph (1) receives notification from the High Court or the Court of Session that an order has been made under Article 12 of the Hague Convention for the return of the child concerned, those pending proceedings shall be dismissed and the chief clerk shall notify the parties to those proceedings accordingly.

(3) Where a court in which pending proceedings have been stayed under paragraph (1) receives notification from the High Court or the Court of Session that the application under the Hague Convention has been dismissed, the stay on the pending proceedings shall be removed and the chief clerk shall notify the parties to those proceedings accordingly.

Party and party costs

3

Where any proceedings such as are mentioned in section 20(2) are pending before a court and that court receives notification from the High Court or the Court of Session—

(a) that an application has been made under section 16 for registration of a decision relating to custody (other than a decision mentioned in section 20(3)) in respect of the child concerned; or

(b) that such a decision is registered under section 16;

and the condition specified in section 20(1)(b) is satisfied, the chief clerk shall notify the parties to the pending proceedings accordingly.

Value added tax

4

(1) Any person who intends to make an application under the Hague Convention in a Contracting State (as defined in section 2) other than the United Kingdom may apply in writing to the chief clerk of a court for a copy of any order of that court relating to the child concerned.

(2) An application under paragraph (1) shall specify—

(a) the name and date of birth of the child concerned;

(b) the date (or approximate date) of the proceedings to which the court order relates and the nature of those proceedings;

(d) the relationship of the applicant to the child concerned.

(3) On receipt of an application under paragraph (1), and upon being satisfied as to the applicant’s intention to make an application under the Hague Convention relating to the child concerned, the chief clerk shall send to the applicant a copy of any such order.

(4) The court seal, duly authenticated as provided by Rule 3(2) of Order 56, shall be affixed to a copy order provided under this Rule.

Solicitor and client costs

5

An application under section 23(2) in custody proceedings (as defined in section 27(1)), for a declaration that the removal from the United Kingdom of the child concerned was unlawful, shall be made by notice in those proceedings under Rule 1 of Order 14.]

Witnesses' fees and expenses

6

Without prejudice to any discretion exercisable by the Taxing Master of the Supreme Court under the Solicitors (Ireland) Act 1849¹³, there may be allowed to or in respect of witnesses such fees and expenses as the judge shall in his discretion think just.

Exercise of discretion in respect of costs

7

(1) In any suit or proceedings for which no scale of costs is prescribed, the amount of costs shall be in the discretion of the judge.

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

Exercise of discretion in absence of party

8

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

Taxation of costs

9

(1) All costs in equity suits or proceedings shall in default of agreement, and subject to Order 44, Rule 1, be taxed by the circuit registrar, subject to the revision of such taxation by the judge.

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

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

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

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

(6) Where any party seeks to have the taxation of costs reviewed by the judge, he shall serve on the circuit registrar notice of the items to which he objects.

Counterclaim

10

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

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

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

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

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

(6) In this Rule the expression “costs” includes any witnesses expenses allowed by the judge.

Undefended proceedings

11

(1) For the purpose of this Order proceedings shall be treated as undefended if—

(a) no defence is entered and the defendant—

(i) fails to appear at the hearing; or

(ii) appears at the hearing (whether personally or by a solicitor) for the purpose only of requesting that time be allowed for the payment of such amount; or

(b) the judge in any special circumstances so directs.

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