Legalize / United Kingdom / Northern Ireland / Ni-Statutory-Rule

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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(1) Without prejudice to paragraph (2), in any proceedings commenced by a third party notice which the third party intends to defend he shall, within a period of 21 days from the date of service upon him of the third party notice serve on the other party or parties to the proceedings and deliver to the chief clerk a notice of intention to defend in Form 42A.

(2) A third party shall not serve a notice of intention to defend after the expiration of a period of 21 days after service upon him of the third party notice except with the consent in writing of the other party or parties or with the leave of the judge or the district judge as the case may be.

Application for directions

2B

(1) In any proceedings in which a third party notice has been served under Rule 1 and a notice of intention-to defend that third party notice has been served any party to the proceedings may at any time apply to the district judge for directions in respect of the conduct or disposal of the third party proceedings.

(2) On an application for directions under paragraph (1) the district judge may make such orders and give such directions as he considers appropriate.]

Hearing

Application

Claim for liquidated demand

Claim for unliquidated damages

2

Where a civil bill is endorsed with a claim against a defendant for unliquidated damages only, then if the defendant fails to serve a notice of intention to defend in Form 42 within a period of 21 days after service upon him of the civil bill, the plaintiff may enter interlocutory judgment against that defendant for damages to be assessed and continue with the proceedings against the other defendants if any.

Claim for detention of goods

3

(1) Where a civil bill is endorsed with a claim against a defendant relating to the detention of goods only, then if that defendant fails to serve a notice of intention to defend in Form 42 within a period of 21 days after service upon him of the civil bill the plaintiff may—

(a) at his option enter either—

(i) interlocutory judgment against that defendant for delivery of the goods or their value to be assessed, or

(ii) interlocutory judgment for the value of the goods to be assessed; or

(b) apply on notice to the district judge for judgment against that defendant for delivery of the goods without giving him the alternative of paying their assessed value, and in any case continue with the proceedings against the other defendants if any.

(2) An application under paragraph (1)(b) must be supported by affidavit and the application and a copy of the affidavit must be served on the defendant against whom judgment is sought.

Claim for possession of land

4

(1) Where a civil bill is endorsed with a claim against a defendant for possession of land only, then subject to paragraphs (2), (3) and (4), if that defendant fails to serve a notice of intention to defend in Form 42 within a period of 21 days after service upon him of the civil bill, the plaintiff may enter judgment for possession of the land as against that defendant and continue with the proceedings against the other defendants if any.

(2) The plaintiff shall not be entitled, except with the leave of the district judge, to enter judgment under this Rule unless he produces a certificate by his solicitor, or (if he sues in person) an affidavit, stating that the claim does not relate to a dwelling-house.

(3) The plaintiff shall not be entitled, except with the leave of the district judge, to enter judgment under this Rule where the civil bill is endorsed with a claim against a defendant for possession of land for non-payment of rent unless he produces a certificate by his solicitor, or (if he sues in person) an affidavit, stating that the land does not comprise or include a holding agricultural or pastoral or partly agricultural and partly pastoral.

(4) The plaintiff shall not be entitled to enter judgment under this Rule where the civil bill is endorsed with a claim against a defendant for possession of land for non-payment of rent unless he lodges with the chief clerk an affidavit made by the landlord, his agent, receiver or clerk, stating that there was at the date of service of the civil bill at least one year’s rent due over and above all just and fair allowances.

(5) An application for leave to enter judgment under paragraph (2) or (3) shall state the grounds of the application, and the application must, unless the district judge otherwise orders be served on the defendant against whom it is sought to enter judgment.

(6) Where there is more than one defendant, any judgment entered under this Rule shall contain a stay of enforcement against any defendant unless and until judgment for possession of the land has been entered against all the defendants.

(7) Where the plaintiff is a superior landlord and he applies under paragraph (3) for leave to enter judgment against a defendant who is an immediate landlord the district judge may, having regard to the provisions of section 12 of the Land Law (Ireland) Act 1896[^f00126]:—

(a) give such directions as to notice to tenants and otherwise and grant leave subject to such limitations as to enforcement of the judgment and such provisions as to costs as he thinks just;

(b) on proof by affidavit that the non-payment of rent by the defendant is due to the non-payment of rent by the tenant of the holding, issue a certificate to that effect.

Mixed claims

5

Where a civil bill served on any defendant is endorsed with two or more of the claims mentioned in Rules 1 to 4, and no other claim, then if that defendant fails to serve a notice of intention to defend in Form 42 within a period of 21 days after service upon him of the civil bill, the plaintiff may enter against that defendant such judgment in respect of any such claim as he would be entitled to enter under those rules if that were the only claim endorsed on the civil bill and proceed with the claim against the other defendants if any.

Other claims

6

(1) Where a civil bill is endorsed with a claim of a description not mentioned in Rules 1 to 4, then if any defendant fails to serve a notice of intention to defend in Form 42 within a period of 21 days after service upon him of the civil bill, the plaintiff may upon lodging with the chief clerk an affidavit proving due service of the civil bill on that defendant proceed with the claim as if that defendant had served a notice of intention to defend.

(2) Where a defendant has satisfied the claim or complied with the demands thereof or for any other like reason it has become unnecessary for the plaintiff to continue with the proceedings then, if the defendant fails to serve a notice of intention to defend in Form 42 within a period of 21 days after service upon him of the civil bill, the plaintiff may enter judgment with the leave of the district judge against that defendant for costs.

(3) An application for leave to enter judgment under paragraph (2) shall, unless the district judge otherwise orders, be served on the defendant against whom it is sought to enter judgment.

Proof of service of civil bill

7

(1) Judgment shall not be entered against a defendant under this Order unless—

(a) an affidavit is lodged with the chief clerk by or on behalf of the plaintiff proving due service of the civil bill on the defendant; or

(b) the plaintiff produces the civil bill endorsed by the defendant’s solicitor with a statement that he accepts service of the civil bill on the defendant’s behalf.

(2) Where application is made to the district judge or chief clerk for an order affecting a party who has failed to serve a notice of intention to defend, the district judge or chief clerk hearing the application may require to be satisfied in such manner as he thinks fit that the party has failed to serve a notice of intention to defend.

(3) Where, after judgment has been entered under this Order against a defendant purporting to have been served by post under Order 6, Rule 3(2) the copy of the civil bill sent to the defendant is returned to the plaintiff through the post undelivered to the addressee, the plaintiff shall, before taking any step or further step in the proceedings or the enforcement of the judgment, either—

(a) make a request for the judgment to be set aside on the ground that the civil bill has not been duly served, or

(b) apply to the district judge for directions.

(4) A request under paragraph (3)(a) shall be made by lodging with the chief clerk an affidavit stating the relevant facts, and thereupon the judgment shall be set aside and the record of the entry of the judgment and of any proceedings for its enforcement shall be marked by the chief clerk accordingly.

(5) An application under paragraph (3)(b) shall be made ex parte by affidavit stating the facts on which the application is founded and any order or direction sought, and on the application the district judge may—

(a) set aside the judgment; or

(b) direct that, notwithstanding the return of the copy of the civil bill, it shall be treated as having been duly served, or

Judgment against a State

8

(1) Where the defendant is a State, as defined in section 14 of the State Immunity Act 1978[^f00127] (“the Act”), the plaintiff shall not be entitled to enter judgment under this Order except with the leave of the district judge.

(2) An application for leave to enter judgment shall be supported by an affidavit—

(a) stating the grounds of the application,

(b) verifying the facts relied on as excepting the State from the immunity conferred by section 1 of the Act, and

(c) verifying that the civil bill has been served by being transmitted through the Foreign, Commonwealth and Development Office to the Ministry of Foreign Affairs of the State, or in such other manner as may have been agreed to by the State, and that the time for serving a notice of intention to defend, as extended by section 12(2) of the Act (by two months) where applicable, has expired.

(3) The application may be made ex parte but the district judge hearing the application may direct an application to be issued and served on that State, for which purpose such a direction shall include leave to serve the application and a copy of the affidavit out of the jurisdiction.

(4) Unless the district judge otherwise directs, an affidavit for the purpose of this Rule may contain statements of information or belief with the sources and grounds thereof, and the grant of leave to enter judgment under this Order shall include leave to serve out of the jurisdiction—

(a) a copy of the judgment, and

(b) a copy of the affidavit, where not already served.

(5) The procedure for effecting service out of the jurisdiction pursuant to leave granted in accordance with this Rule shall be the same as for the service of the civil bill under Order 6A, rule 6(6), except where section 12(6) of the Act applies and an alternative method of service has been agreed.

Judgments under the Civil Jurisdiction and Judgments Act 1982

9

(1) Where a civil bill has been served out of the jurisdiction under Order 6A, rule 2(2) or has been served within the jurisdiction on a defendant domiciled in England and Wales or Scotland or in any other Convention territory the plaintiff shall not be entitled to enter judgment under this Order except with the leave of the district judge.

(2) An application for leave to enter judgment may be made ex parte and shall be supported by an affidavit stating that in the deponent’s belief—

(a) each claim made by the civil bill is one which by virtue of the Civil Jurisdiction and Judgments Act 1982 the judge or the district judge has power to hear and determine,

(b) no other court has exclusive jurisdiction within the meaning of Schedule 1 or under Schedule 4 to that Act to hear and determine such claim, and

(c) where the civi bill is served out of the jurisdiction under Order 6A, Rule 2(2), such service satisfied the requirements of Schedule 1 or, as the case may require, of Article 20 of Schedule 4 to that Act.

and giving in each case the sources and grounds of such belief.

(3) For the purposes of this rule, domicile is to be determined in accordance with the provisions of section 41 to 46 of the Civil Jurisdiction and Judgments Act 1982 and “Convention territory” means the territory or territories of any Contracting State, as defined by section 1(3) of that Act, to which the Conventions as defined in section 1(1) of that Act apply.

Judgment in default of notice of intention to defend

10

(1) A party entitled to judgment in default of service of a notice of intention to defend may enter judgment by lodging with the chief clerk the following documents—

(a) the original civil bill by which the proceedings were commenced;

(b) an affidavit of service or production of a copy of the civil bill endorsed by the defendant’s solicitor with a statement that he accepts service of the civil bill on the defendant’s behalf;

(c) a certificate that a notice of intention to defend those proceedings in Form 42 was not received by him within 21 days after service of the Civil bill;

(d) any affidavit or certificate filed under Rule 1(3) or 4(1) to (4); and

(e) a decree drawn up by the party.

(2) Where this Order enables a party to any proceedings to enter judgment on the production of any documents, the chief clerk shall not enter judgment by signing the decree until the documents which the party is required to produce are produced and the chief clerk is satisfied that they are in order.

Default procedure not to apply to certain proceedings

11

(1) Judgment under this Order may not be entered against a minor or a patient.

(2) Except with the leave of the district judge, no judgment in default of service of a notice of intention to defend in Form 42 shall be entered:

(a) against the Crown; or

(b) where in any such proceedings as are mentioned in section 139(1)(b) of the Consumer Credit Act 1974[^f00128] the debtor or surety desires to have a credit agreement reopened.

(3) An application for leave under paragraph (2) shall be made on notice to the other parties and must be served not less than seven days before the date fixed by the chief clerk for the hearing of the application for leave.

Setting aside judgment

12

Without prejudice to Rule 7(3) and (4) and to Part III of Order 25, the judge or the district judge may, on such terms as he thinks just, set aside or vary any judgment entered in pursuance of this Order.

Assessment of damages by the district judge

13

(1) Where judgment is given for damages to be assessed the damages shall, subject to the provisions of this Order, be assessed by the district judge.

(2) The party entitled to the benefit of the judgment shall:

(i) lodge with the chief clerk a certificate of readiness in Form 43 together with the medical or other reports upon which he will seek to rely at [[^f00129] the assessment]; and

(ii) [^f00130] issue a sumons in Form 70 and serve it, together with the medical or other reports upon which he will seek to rely at the assessment, on the other parties to the proceedings at least 7 days before the date fixed for assessment.]

(2A) [^f00131] Where a party against whom judgment has been entered wishes to be heard at the assessment he shall give notice in writing to the chief clerk and the other parties to the proceedings.]

(3) Without prejudice to the powers of a district judge under Order 25, Part II, the attendance of witnesses and the production of documents before the district judge in proceedings under this Order may be compelled by witness summons in Form 110 in accordance with Order 24, Rule 9, and the provisions of Order 25 shall, with the necessary adaptations, apply in relation to those proceedings as they apply in relation to proceedings at a hearing.

Judgment for amount of damages

14

Where damages are assessed by a district judge or judge, he shall give a decree for the amount of the damage so assessed.

Default judgment against some but not all defendants

15

Where any judgement is entered in default of service of a notice of intention to defend in Form 42 under this Order and the proceedings continue against other defendants, the damages under the judgment entered shall be assessed at the hearing unless the judge or district judge, as the case may be, otherwise orders.

Assessment of value

16

The foregoing Rules in this Order shall apply in relation to a judgement for the value of goods to be assessed, with or without damages to be assessed, as they apply to a judgment for damages to be assessed, and references in those Rules to the assessment of damages shall be construed accordingly.

Assessment of damages to time of assessment

17

Where damages are to be assessed in respect of any continuing cause of action, they shall be assessed down to the time of the assessment.].

[ PART I – GENERAL]

[ General procedure

1

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

(a) the application shall be made either in or out of court and either ex parte or on notice in accordance with the terms of the relevant enactment or direction;

(b) in the absence of any express provision to the contrary the application shall be determined by the judge (or district judge as the case may be) without a hearing, unless—

(i) either party requests a hearing; or

(ii) the judge (or district judge as the case may be) otherwise directs;

(c) where either party requests that the application be dealt with by way of hearing, the party shall specify the reasons;

(d) a party may within 14 days of service of the application, object to the application being determined without a hearing, by filing in court, a notice in writing specifying the reasons;

(e) an objection made under sub-paragraph (d) shall be served on the other party;

(f) unless an objection to the application being dealt with without a hearing is received within 14 days of service of the application on the other party, it will be assumed that the other party consents to the application being determined without a hearing (unless the judge or district judge otherwise directs);

(g) where a request for a hearing under sub-paragraph (b) or an objection under sub-paragraph (d) is received, the application or objection shall be placed before the judge or district judge for consideration who may—

(i) determine the application without a hearing and make such order as he considers just; or

(ii) direct that the matter be listed for a hearing;

(h) where an application is made on notice—

(i) the notice shall be in writing and shall be served on the other party and filed in the Office before the beginning of a period of two days ending on the day of hearing of the application unless the judge or district judge or chief clerk dispenses with notice or gives leave for shorter notice; and

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

(i) where a district judge or chief clerk has made an order to which this Order applies, any party may make an application to the judge on notice to vary or rescind the order and on determination of the application the judge may—

(i) confirm;

(ii) vary;

(iii) rescind the order; or

(iv) make any other order as he thinks fit.

(2) The jurisdiction of the court to determine any application in the course of an action or matter—

(a) may, by direction or with the consent of the judge, be exercised by the district judge unless there is a provision to the contrary in any enactment;

(b) shall, in an action which is within the jurisdiction of the district judge, be exercised by the district judge.]

Power to impose terms

2

[[^f00135] The judge] or, where the application is authorised to be made to the [[^f00136] district judge] the [[^f00136] district judge] may, as a condition of granting any application, impose such terms and conditions as he thinks fit and without prejudice to the generality of the foregoing provisions, may make orders requiring any party to—

(a) give security; or

(b) give an undertaking; or

(d) give a power of re-entry;

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

Directions

3

In any action or matter [[^f00135] the judge] or, where the application is authorised to be made to the [[^f00136] district judge], the [[^f00136] district judge] may at any time on the application on notice of any party or of his own motion give such directions as he thinks proper.

Adjournment

4

(1) [[^f00135] The judge], or where the [[^f00136] district judge] hears the original application the [[^f00136] district judge], may at any time and from time to time upon application or of his own motion, adjourn the hearing of any proceedings or step in the proceedings either generally with liberty to re-enter or for such period not exceeding twelve months as will in his opinion best meet the ends of justice.

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

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

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

When defendant entitled to ask for security for costs

5

(1) Where a defendant neither resides nor carries on business within the administrative court division in which an action or matter is commenced, he may apply in Form 63 to the [[^f00136] district judge], in accordance with Rule 1, for an order directing the plaintiff to deposit in court a sum of money as security for his costs.

(2) The application shall be sent to the chief clerk by post or otherwise [[^f00137] . . .] within eight days of the service to the civil bill on him;

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

(3) If the [[^f00138] district judge] refuses the application, the chief clerk shall send notice to the defendant in Form 64.

(4) If the [[^f00138] district judge] grants the application, he shall fix the amount of the security and the chief clerk shall send to the plaintiff a notice in Form 65.

(5) Where a deposit is ordered—

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

(b) if the deposit is not duly made, the chief clerk shall send notice to the parties in Form 67, and the action or matter shall be struck out, and the defendant shall be entitled to recover the costs incurred by him before the receipt of Form 67, and if such costs are not paid within fourteen days after demand made therefor, [[^f00139] the judge or district judge as the case may be] may on the application of the defendant give a decree for the amount of such costs together with the costs of the application to him:

Provided that if the deposit is not made in due time, but is made later [[^f00139] the judge or district judge as the case may be] may order the action or matter to be reinstated, and the chief clerk shall send notice thereof to the defendant and inform him on what day the action or matter will be heard.

[ Application for interim injunction, etc

6

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

(a) in the nature of an injunction; or

(b) for the appointment of a receiver; or

(d) for making any inquiries;

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

(2) Where a district judge makes an interim order under paragraph (1) above, the application must be brought before a judge within 7 days of that interim order being made.]

Recovery of goods where lien claimed

7

(1) Where in any action the plaintiff claims the recovery of specific property other than land and the defendant admits the title of the plaintiff but claims to retain the property by virtue of a lien or otherwise as security for the payment of a sum of money, [[^f00139] the judge or district judge as the case may be] may order than the plaintiff be at liberty to pay into court, to abide the event of the action, the sum of money in respect of which the defendant claims to retain the property and such further sum (if any) for interest and costs as [[^f00139] the judge or district judge as the case may be] may think fit, and may order that upon such payment into court the defendant shall return the property to the plaintiff.

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

Preservation, etc. of subject-matter

8

Where a prima facie case of liability under any contract is established, and there is alleged, as a matter of defence, a right to be relieved wholly or partially from that liability, [[^f00141] the judge or district judge as the case may be] may make an order for the preservation or interim custody of the subject-matter of the action or may order that the amount in dispute be bought into court or otherwise secured.

Order for detention, etc.

9

(1) [[^f00141] The judge] may, upon the application of any party to an action or matter, make any order for the detention, preservation, inspection, surveying, measuring, weighing or analysing of any property, document or thing, being the subject of the action or matter or as to which any question may arise therein, and may authorise any person to enter upon or into any land or building in the possession of any party to the action or matter, and authorise any samples to be taken, or any observation, plan, photograph or model to be made, or copy of a document or experiment to be made, which may be necessary or expedient for the purpose of obtaining full information or evidence.

(2) Where an order is made for inspecting, surveying, measuring, weighing or analysing any property or making any copy of experiment, or taking any sample, or making any plan, photograph or model, by any person named in the order, the order may authorise the [[^f00142] district judge] to examine upon oath and take the deposition of the person so named as to the result, accuracy or fairness of what he has done in pursuance of the order, and may also empower any party to give in evidence the deposition so taken.

Order for sale of perishables, etc.

10

[[^f00141] The judge or district judge as the case may be] may, upon the application of any party to an action or matter, order the sale by a person to be named in the order, of any subject-matter of the proceedings which—

(a) is of a perishable nature; or

(b) incurs charges for food or keep; or

[ Application under Article 42A(1) or 42B(3) of the Order

10A

(1) An application for an order—

(a) under Article 42A(1) of the Order in respect of property which may become the subject matter of subsequent proceedings in a county court or as to which any question may arise in any such proceedings, or

(b) under Article 42B(3) of the Order in respect of property which is not the property of or in the possession of any party to the proceedings,

shall be made by notice in writing in Form 70A and the person against whom the order is sought shall be respondent to the application.

(2) The notice shall be filed with the chief clerk and shall be served on the respondent, and in the case of an application under Article 42B(3) on the parties to the proceedings at least 7 days before the date fixed for hearing.

(3) The notice shall be supported by an affidavit which must specify or describe the property in respect of which the order is sought and show, if practicable by reference to any civil bill (or other originating process) served or intended to be served in the proceedings or subsequent proceedings, that it is property which is or may become the subject matter of the proceedings or as to which any question arise or may arise in the proceedings.

(4) A copy of the supporting affidavit shall be served with the notice on every person on whom, the notice is required to be served.

(5) An order made under Article 42A(1) or 42B(3) may be made conditional on the applicant giving security for the costs of the person against whom it is made or on such other terms, if any as the court thinks just.

(6) No such order shall be made if it appears to the court—

(a) that compliance with the order, if made, would result in the disclosure of information relating to a secret process, discovery or invention not in issue in the proceedings and;

(b) that the application would have been refused on that ground if—

(i) in the case of an application under Article 42A(1), the subsequent proceedings had already been begun, or

(ii) in the case of an application under Article 42B(3) the person against whom the order is sought were a party to the proceedings].

The European Intellectual Property Directive

10B

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

Preparation of order, etc.

11

(1) A draft of an order under [[^f00146] Rule 6, 7, 8, 9, 10 or 10A] shall be prepared by the party making the application and shall be settled, signed and sealed by the chief clerk or, where the order is made by [[^f00145] the judge or district judge as the case may be] of his own motion, the chief clerk shall prepare, sign and seal the order.

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

[ PART II — Mediation

Interpretation

12

In this Part of this Order—

(a) “an ADR process” means mediation, conciliation or another dispute resolution process approved by [[^f00145] the judge], but does not include arbitration;

(b) “[[^f00145] judge]” includes District [[^f00145] judge]; and

Adjournment of proceedings for the purposes of ADR

13

(1) Without prejudice to rule 4, [[^f00148] the judge], on the application of any of the parties or of his own motion, may, when [[^f00148] the judge] considers it appropriate and having regard to all the circumstances of the case, order that proceedings or any issue therein be adjourned for such time as [[^f00148] the judge] considers just and convenient and—

(a) invite the parties to use an ADR process to settle or determine the proceedings or issue; or

(b) where the parties consent, refer the proceedings or issue to such process,

and may, for the purposes of such invitation or reference, invite the parties to attend such information session on the use of mediation, if any, as [[^f00148] the judge] may specify.

(2) Where the parties decide to use an ADR process, [[^f00148] the judge] may make an order extending the time for compliance by any party with any provision of these Rules or any order of [[^f00148] the judge] in the proceedings, and may make such further or other orders or give such directions as [[^f00148] the judge] considers will facilitate the effective use of that process.

Application for an order under rule 13

14

An application by a party for an order under rule 13 shall be made by notice of motion and shall, unless [[^f00148] the judge] otherwise orders, be supported by an affidavit.

Time limit for an application under rule 13

15

Save where [[^f00148] the judge] for special reason to be stated in [(a) the judge’s] order allows, an application for an order under rule 13 shall not be made later than 56 days before the date on which the proceedings are first listed for hearing.]

Application-under Article 42A(2) or 42B(2) of the Order

5A

(1) An application for an order

(a) under Article 42A(2) of the Order for the disclosure of documents before the commencement of proceedings; or

(b) under Article 42B(2) of the Order for the disclosure of documents by a person who is not party to the proceedings,

shall be made by notice in writing in Form 68D and the person against whom the order is sought shall be the respondent to the application.

(2) The notice shall be filed with the chief clerk and shall be served on the respondent and in the case of an application under Article 42B(2) on the parties to the proceedings at least 7 days before the date fixed for hearing.

(3) The notice shall be supported by an affidavit which must—

(a) in the case of an application under Article 42A(2) state the grounds on which it is alleged that the applicant and the respondent are likely to be parties to subsequent proceedings in the court in which a claim in respect of personal injuries is likely to be made;

(b) in any case, specify or describe the documents in respect of which the order is sought and how, if practicable by reference to any civil bill (or other originating summons) served or intended to be served in the proceedings, that the documents are relevant to an issue arising or likely to arise out of a claim for personal injuries made or likely to be made in the proceedings and that the person against whom the order is sought is likely to have or have had them in his possession, custody or power.

(4) A copy of the supporting affidavit shall be served with the notice on every person on whom the notice is required to be served.

(5) An order under the said Article 42A(2) or 42B(2) for the disclosure of documents shall be in Form 68E; and

(a) may be made conditional on the applicant giving security for the costs of the person against whom it is made or on such other terms, if any, as the court thinks just;

(b) shall require the person against whom the order is made to make an affidavit stating whether any documents specified or described in the order are, or at any time have been in his possession, custody or power and if not then in his possession, custody or power, when he parted with them and what has become of them.

(6) No person shall be compelled by virtue of such an order to produce any documents which he could not be compelled to produce

(a) in the case of an application under Article 42A(2), if the subsequent proceedings had already been begun; or

(b) in the case of an application under Article 42B(2) if he had been served with a writ of subpoena duces tecum to produce the documents at trial.

(7) In this rule “a claim for personal injuries” means a claim in respect of personal injuries to a person or in respect of a person’s death.]

Postponement of discovery

Security

Order for production of documents

Non-compliance with the order

Outlay and fees on proceedings under this Order

Order to apply to minors

[ PART II — INTERROGATORIES

[ Discovery by interrogatories

12

(1) Any party to any proceedings may in accordance with the following provisions of this Part serve on any other party interrogatories relating to any matter in question between the applicant and that other party in the proceedings which are necessary either—

(a) for disposing fairly of the proceedings; or

(b) for saving costs.

(2) Without prejudice to the provisions of paragraph (1), a party may apply to the judge or district judge as the case may be on notice for an order giving him leave to serve on any other party interrogatories relating to any matter in question between the applicant and that other party in the proceedings.

(3) A proposed interrogatory which does not relate to such a matter as is mentioned in paragraph (1) shall be disallowed notwithstanding that it might be admissible in oral cross-examination of a witness.

(4) Interrogatories shall be answered on affidavit (unless the judge or district judge directs otherwise) and the affidavit shall be delivered to the applicant within the time specified in the—

(a) interrogatories (not being less than 21 days from the date of service); or

(b) order.

(5) In this Part—

“interrogatories without order” means interrogatories served under paragraph (1);

“ordered interrogatories” means interrogatories served under paragraph (2) or interrogatories which are required to be answered pursuant to an order made on an application under rule 12A(2) and, where such an order is made, the interrogatories shall not, unless the judge or district judge orders otherwise, be treated as interrogatories without order for the purposes of rule 12A(1).

(6) Unless the context otherwise requires, the provisions of this Part apply to both interrogatories without order and ordered interrogatories.]

[ Interrogatories without order

12A

(1) Interrogatories without order may be served on a party not more than twice.

(2) A party on whom interrogatories without order are served may, within 14 days of service of the interrogatories, apply to the judge or district judge for the interrogatories to be varied or withdrawn and, on any such application, the judge or district judge may make such order as he thinks fit (including an order that the party who served the interrogatories shall not serve further interrogatories without order).

(3) Interrogatories without order shall not be served on the Crown.

Ordered interrogatories

12B

(1) Where an application is made for leave to serve interrogatories, a copy of the proposed interrogatories shall be served with the notice of application and filed in the Office before the beginning of a period of two days ending on the day of hearing of the application.

(2) In deciding whether to give leave to serve interrogatories the judge or district judge shall take into account any offer made by the party to be interrogated to give particulars or to make admissions or to produce documents relating to any matter in question and whether or not interrogatories without order have been administered.

(3) If an order is made granting leave to serve interrogatories it shall be drawn up by the applicant in Form 69A and shall be signed and sealed by the chief clerk who shall file the order and issue a certificate copy to the applicant or his solicitor for service.]

Interrogatories where party is a body of persons

13

Where a party to any proceedings is a body of persons, whether corporate or unincorporate, being a body which is empowered by law to, sue or be sued whether in its own name or in the name of any officer or other person, [[^f00165] the judge or district judge as the case may be] may, on the application of any other party, make an order allowing him to serve interrogatories on such officer or member of the body as may be specified in the order.

Statement as to party, etc., required to answer

14

Where interrogatories are to be served on two or more parties or are required to be answered by an agent or servant of a party, a note at the end of the interrogatories shall state which of the interrogatories each party or, as the case may be, an agent or servant is required to answer, and which agent or servant.

Objection to answer on ground of privilege

15

Where a person objects to answering any interrogatory on the ground of privilege he may take the objection in his affidavit in answer.

Insufficient answer

16

If any person on whom interrogatories have been served answers any of them insufficiently, [[^f00165]the judge or district judge as the case may be] may on application make an order requiring him to make a further answer, and either by affidavit or on oral examination as [[^f00165] the judge or district judge as the case may be] may direct.

Failure to comply with order

17

Where a party—

(a) against whom an order is made under Rule 12 or Rule 16; or

(b) on whom interrogatories without order have been served,

fails to comply with Rule 12(4), the judge or district judge, as the case may be, may make such order as he thinks just including, in particular, an order that the action be dismissed or, as the case may be, an order that the notice of intention to defend be struck out and judgment entered accordingly.

Use of answers to interrogatories at trial

18

A party may put in evidence at the trial of the proceedings, or of any issue therein, some only of the answers to interrogatories, or part only of such an answer, without putting in evidence the other answers or, as the case may be, the whole of that answer, but [[^f00165] the judge or district judge as the case may be] may look at the whole of the answers and if of the opinion that any other answer or other part of an answer is so connected with an answer or part thereof used in evidence that the one ought not to be so used without the other, [[^f00165] the judge or district judge as the case may be] may direct that that other answer or part shall be put in evidence.]

Certificate of [ district judge]

[ Notice of Settlement

1A

(1) This rule applies to proceedings—

(a) in which only a debt or liquidated amount is claimed;

(b) in which only unliquidated damages are claimed;

but does not apply to any proceedings in which any of the parties is a litigant in person or in which money or damages are claimed by or on behalf of or for the benefit of a minor or patient suing either alone or in conjunction with other parties.

(2) In any proceedings to which this rule applies, if all the parties consent, a solicitor for any of the parties may at any time up to the hearing make application in Form 98A on behalf of his client to the chief clerk to have entered in the order book of the court a settlement reached by the parties in those proceedings.

(3) An application in Form 98A shall be signed by the solicitors retained by each of the parties to the proceedings.

(4) An application in Form 98A shall state—

(a) the title to the proceedings;

(b) where it is known, the number allocated to the proceedings;

(d) the terms of the settlement in respect of costs and witness expenses;

(e) in any proceedings where a set-off or a counterclaim is alleged, whether the amount of the set-off or counterclaim has been deducted; and

(f) to whom any money lodged in court under Order 21 Rule 2 is to be paid.

(5) Where proceedings have been commenced on behalf of a minor by his next friend and the minor has since the date of the commencement of the proceedings, attained his majority, his birth certificate shall be attached to the application made in Form 98A.

(6) On receipt of an application in Form 98A, if he is satisfied that the application is in order, the chief clerk shall cause the settlement to be entered in the order book of the court.

(7) Where a settlement has been entered in the order book of the court pursuant to an application under paragraph (2) any party to the proceedings may apply to the chief clerk in writing for the issue of a decree or dismiss therein.]

Payment into court

Payment out of court

[ [Judge or district judge as the case may be] may permit payment in or out of court out of time

3A

Without prejudice to Order 43, Rule 10, [[^f00202] the judge or district judge as the case may be] may, on the application of any party, make an order permitting the defendant to make a payment into court or increase a payment made into court under Rule 2 or permitting a plaintiff to accept a payment or increased payment made into court notwithstanding the fact that the period for making a payment into court under Rule 2(2) or accepting a payment made into court under Rule 3(1) has expired.]

Costs

Payments into court not to be communicated to [ judge or district judge as the case may be]

Decree

Payment into court by defendant to counterclaim

Application

[ ORDER 23A — Devolution issues under Schedule 10 to the Northern Ireland Act 1998

Interpretation

1

In this Order—

“the appropriate Minister or department” means— the First Minister and the deputy First Minister acting jointly; or where they, acting jointly, determine under paragraph 36 of Schedule 10 that any power conferred on them by that Schedule in relation to any specified proceedings may be exercised by a specified Minister or Northern Ireland department, that Minister or department; and for this purpose “specified” means specified in a determination under that paragraph;

“devolution issue” has the same meaning as in Schedule 10;

“the Judicial Committee” means the Judicial Committee of the Privy Council;

“originating process” means a civil bill, petition, notice of application or any other method of commencing proceedings in a county court;

“Schedule 10” means Schedule 10 to the Northern Ireland Act 1998.

Specification of devolution issue

2

(1) A party raising a devolution issue shall specify—

(a) if he is a plaintiff, petitioner or applicant, in the originating process;

(b) if he is an appellant, in the notice of appeal;

(c) if he is a defendant or a respondent to a petition, application or appeal, or in any other case, on a notice in Form 109A,

the facts and circumstances and points of law on the basis of which it is alleged that the devolution issue arises in sufficient detail to enable the court to determine whether a devolution issue arises in the proceedings.

(2) A notice in Form 109A shall be delivered to the chief clerk and served on each of the other parties to the proceedings—

(a) at the same time as any notice of intention to defend is so delivered and served; or

(b) in a case where there is no notice of intention to defend, as soon as practicable after notice of the proceedings has been received.

Notice of devolution issue

3

(1) Where a devolution issue has been raised in accordance with Rule 2, the chief clerk shall as soon as is practicable cause the matter to be drawn to the attention of the court for the making of an order under paragraph 5 of Schedule 10 requiring notice of the devolution issue to be given to the Attorney General, the Attorney General for Northern Ireland and the appropriate Minister or department.

(2) The notice to the Attorney General, the Attorney General for Northern Ireland and the appropriate Minister or department shall be in Form 109B and specify 14 days, or such longer period as the Court may direct, as the periods within which he or it shall give notice of his or its intention to appear as a party in the proceedings so far as it relates to the devolution issue as mentioned in paragraph 6 of Schedule 10.

Response to notice of devolution issue

4

Where the Attorney General, the Attorney General for Northern Ireland and the appropriate Minister or department intends to appear as a party to the proceedings he or it shall give notice by lodging Form 109C with the chief clerk and serving a copy on each of the other parties.

Reference of devolution issue to Court of Appeal

5

(1) The court may, of its own motion at any stage in the proceedings or on application by a party before or at the trial or hearing thereof, make an order in Form 109D referring a devolution issue to the Court of Appeal in accordance with paragraph 7 of Schedule 10.

(2) Notwithstanding anything in Order 14, Rule 1, no order under this Rule shall be made except by [[^f00217] the judge] personally.

(3) An order referring a devolution issue to the Court of Appeal shall set out in a schedule the devolution issue, which shall be settled by [[^f00217] the judge] after such directions to the parties as he may think desirable as to its manner and form.

(4) The chief clerk shall send the order to the Master (Queen’s Bench and Appeals).

Reference of devolution issue to the Judicial Committee

6

(1) Where the court in accordance with paragraph 33 of Schedule 10 is required by the Attorney General, the Attorney General for Northern Ireland or the appropriate Minister or department to refer a devolution issue to the Judicial Committee it shall make an order in Form 109E referring the issue to the Judicial Committee.

(2) Notwithstanding anything in Order 14, Rule 1, no order made under this Rule shall be made except by [[^f00217] the judge] personally.

(3) An order referring a devolution issue to the Judicial Committee shall set out in a schedule the devolution issue, which shall be settled by [[^f00217] the judge] after such directions to the parties as he may think desirable as to its manner and form.

(4) The chief clerk shall send the order to the Registrar of the Judicial Committee.

Stay of proceedings pending reference

7

The proceedings in which a reference is made shall, unless the court otherwise orders, be stayed until the Court of Appeal, or, as the case may be, the Judicial Committee has determined the devolution issue.]

[ Evidence of plans, photographs etc.

2A

(1) Unless, at or before the hearing [[^f00218] the judge or district judge as the case may be] for special reasons otherwise orders, no map, plan or other drawing, photograph or model shall be receivable in evidence-at the hearing of any proceedings unless at least 3 weeks before the commencement of the hearing the parties, other than the parties producing it, have been given an opportunity to inspect it and to agree to its admission without further proof.

(2) Any order under this Rule (including an order made on appeal) may, on sufficient cause being shown, be revoked or varied by a subsequent order of [[^f00218] the judge or district judge as the case may be] made at or before the hearing.

Medical reports, maps, plans etc may be given in evidence

2B

(1) Unless [[^f00218] the judge or district judge as the case may be] otherwise orders and subject to paragraph (2), [[^f00221] any report or other accompanying or supplemental document served or disclosed pursuant to the provisions of Part III or rule 2D of this Order] or any map, plan, drawing, photograph or model produced pursuant to the provisions of Rule 2A by any party to proceedings to the other parties may be given in evidence without further proof at the hearing or an assessment of damages by the party who has disclosed or produced it.

(2) Any other party may, on giving sufficient notice to the party making the disclosure or production specified in paragraph (1), require the maker of any such [[^f00222] . . .] report to give oral evidence or require any such map, plan, drawing, photograph or model to be proved, and in any such case paragraph (1) shall not apply.

(3) Where a medical witness or other expert witness is, unable to attend court to give oral evidence at the hearing or an assessment of damages [[^f00218] the judge or district judge as the case may be] may direct that his written report or reports may be given in evidence or that any such map, plan, drawing, photograph or model may be admitted in evidence without further proof thereof, and in such case paragraph (2) shall not apply.

Number of expert witnesses

2C

Unless [[^f00223] the judge or district judge as the case may be] otherwise orders, the number of expert witnesses who may be called by any party to give oral evidence in any proceedings shall be limited to two medical experts and one expert of any other kind.]

[ Disclosure of evidence in clinical negligence actions

2D

(1) For the purposes of this rule—

(a) “clinical negligence” means negligence in connection with the diagnosis of any illness, or the care or treatment of any patient, in consequence of any act or omission to act by a person employed or engaged for such purposes; and

(b) “medical evidence” means—

(i) the evidence contained in any medical report or other accompanying or supplemental document emanating from the maker of the report which is intended by him to accompany or supplement such report and includes surgical and radiological evidence and any ancillary expert or technical evidence; and

(ii) any other evidence of a medical, surgical or radiological nature which a party proposes to adduce at the trial by means of oral testimony.

(2) In actions grounded on an allegation of clinical negligence—

(a) where the plaintiff proposes to adduce at the hearing evidence (other than medical evidence) obtained from any expert for the purpose of assisting the judge or district judge as the case may be in assessing damages, he shall—

(i) insofar as he then has in his possession or power that evidence, disclose it to the other party or parties within 14 days after service upon him of the defendant’s notice of intention to defend; and

(ii) insofar as he thereafter obtains any such evidence before the date of hearing, disclose it to the defendant and any other party or parties within 21 days of receiving it and in any case before the hearing.]

Petitions

Power to order proof by affidavit

Use of affidavit without order

Use of affidavits, etc.

Evidence in mitigation of damages for libel or slander

Notice of conviction, etc.

Witness summons

Order for bringing up prisoner to give evidence

Notice to admit specific facts

Notice to admit documents

Notice to produce

Evidence of service of notice to admit or produce

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

Evidence of court records

Proof of valuation of lands

Proof of handwriting

Practice as to taking evidence

Order for examination of witnesses out of court

Affidavits

Proceedings by or against the Crown

Power to call witness for cross-examination on hearsay evidence

Credibility

[ PART III — MEDICAL EVIDENCE

I. PRELIMINARY

Application and interpretation

35

(1) This Part of this Order applies to all actions in respect of personal injury or death.

(2) For the purposes of this Order—

“medical evidence” means— the evidence contained in any medical report or other accompanying or supplemental document as specified in rule 44 and includes surgical and radiological evidence and any ancillary expert or technical evidence; and any other evidence of a medical, surgical or radiological nature which a party proposes to adduce at the hearing by means of oral testimony; and the expressions “medical expert” and “medical examination” shall be construed accordingly; and

“clinical negligence” means negligence in connection with the diagnosis of any illness, or the care or treatment of any patient, in consequence of any act or omission to act by a person employed or engaged for such purposes.

Restrictions on medical evidence

36

No party shall, except with the leave of the judge or district judge as the case may be or on consent, adduce medical evidence at the hearing the contents of which he has not disclosed to the other parties in accordance with rules.

Failure to comply with rules

37

Where any party fails to comply with any of the provisions of this order, the judge or district judge may stay the action or strike out that party’s defence, as the case may be, or make such order as the judge or district judge considers appropriate.

PART IV — GENERAL RULES

Application

38

This Part of this Order applies to all proceedings for damages in respect of personal injury or death except actions grounded on an allegation of clinical negligence.

Medical report to be served on the defendant

39

The plaintiff shall serve on the defendant medical evidence substantiating the personal injuries alleged in the civil bill within 14 days after service upon him of the defendant’s notice of intention to defend.

Medical examination of another party; disclosure of report

40

Any party who has been afforded medical examination of another party shall disclose to that other party any medical evidence resulting from such examination within 21 days of receiving it and in any case before the first day of the hearing.

Disclosure of medical evidence

41

Subject to rule 39, where a party proposes to adduce at the hearing medical evidence obtained from any medical expert, he shall disclose all relevant medical evidence obtained at any time from that medical expert to the relevant party or parties in accordance with rule 36 or within 21 days of receiving it and in any case before the first day of the hearing.

Evidence received during the hearing

42

Where a party obtains on or after the first day of the hearing any report of evidence of the kind mentioned in rule 39 or 40, he shall disclose that report or evidence to the relevant party or parties immediately.

Party to furnish name and address of doctor, etc.

43

Any party to an action shall furnish to any other party on demand the name and address of any medical practitioner or the name of any hospital from whom or at which he received any medical or surgical treatment material to the action.

Mode of disclosure

44

(1) A party serving or disclosing medical evidence under this Part of the Order shall do so by furnishing copies of any relevant medical report or reports, together with any documents emanating from the maker of the report which are intended by him to accompany or supplement any such report, or a document containing a sufficient record of any such evidence as is referred to in the definition of medical evidence in rule 35(2). All such reports or other documents shall be signed and dated by the relevant medical expert and shall specify his professional qualifications.

(2) On the ex parte application of any party bound to serve or disclose any medical report under this Order, the judge or district judge as the case may be may give him leave—

(i) to adduce at the hearing the evidence contained in any report without serving or disclosing the report; or

(ii) to omit or amend any part of any report when serving or disclosing the report.

Variation between evidence disclosed and evidence at hearing

45

Where a party’s medical evidence at the hearing varies from the evidence which that party has disclosed to another party, the judge or district judge may on the application of any party adjourn the hearing or make any such order, on such terms as to costs and otherwise, as to the judge or district judge may seem appropriate.

PART V — CLINICAL NEGLIGENCE ACTIONS

Application

46

This Part of this Order applies to proceedings for damages in respect of personal injury which are grounded on an allegation of clinical negligence.

Disclosure of medical evidence on the issue of liability

47

(1) Where more than one party to such an action proposes to adduce at the hearing medical evidence obtained from any medical expert on the issue of liability, each party shall—

(i) insofar as they then have in their possession or power that evidence, disclose it to the other party or parties simultaneously within 28 days after service of the notice of intention to defend; and

(ii) insofar as any party thereafter obtains any such evidence before the date of the hearing, disclose it to the other party or parties within 21 days of receiving it and in any case before the hearing.

(2) Nothing in paragraph (1) shall be interpreted as imposing an obligation on any party to disclose evidence obtained from any medical expert on liability except where the party or parties to whom disclosure is to be made is also relying on such evidence and simultaneous exchange is to take place.

Disclosure of medical evidence on the issue of damages

48

(1) Where the plaintiff proposes to adduce at the hearing medical evidence obtained from any medical expert for the purpose of assisting the judge or district judge in assessing damages, he shall—

(i) insofar as he then has in his possession or power that evidence, disclose it to the other party or parties within 14 days after service upon him of the defendant’s notice of intention to defend; and

(ii) insofar as he thereafter obtains any such evidence before the date of the hearing, disclose it to the other party or parties within 21 days of receiving it and in any case before the hearing.

(2) Where the defendant or any other party proposes to adduce at the hearing medical evidence obtained from any medical expert for the purpose of assisting the judge or district judge in assessing damages, he shall—

(i) insofar as he then has in his possession or power that evidence, disclose it to the plaintiff and any other party or parties within 28 days after service of the notice of intention to defend; and

(ii) insofar as he thereafter obtains any such evidence before the date of hearing, disclose it to the plaintiff and any other party or parties within 21 days of receiving it and in any case before the hearing.]

Non-appearance on counterclaim

Inspection by [ judge or district judge as the case may be]

Proceedings to be heard by the [ district judge]

Hearing by [ district judge]

Definitions

Excluded claims

Starting Proceedings

Defending the application

11

On receiving a notice of dispute, the officer must send a copy to any other party and advise all parties of the date of hearing.

Accepting Liability

12

If the respondent accepts liability for the claim, he must, within 21 days of receiving the copy Form 125, lodge with the small claims office a notice of acceptance of liability in Form 126B.

13

On receiving a notice of acceptance of liability, the chief clerk may issue a decree, together with a copy of Form 126B, or may refer the notice to the judge if he considers that would be more appropriate.

Default decrees

14

If a Form 126A or 126B is not lodged with the small claims office within 21 days of the date on which the application is received, the applicant may apply to the chief clerk for a decree.

15

An application under Rule 14 shall—

(a) if the claim is for a liquidated amount, be in Form 127; and

(b) if the claim is for an unliquidated amount, be in Form 128.

16

On receiving an application under rule 14, the chief clerk may—

(a) if the claim is for a liquidated amount, issue a decree for the amount then due to the applicant; or

(b) if the claim is for an unliquidated amount, issue a decree which states that the amount of the claim will be assessed by the judge.

17

The chief clerk may refer any application in Form 127 or 128 to the judge if he considers that it would be more appropriate for the judge to deal with the application.

18

The chief clerk may only issue a decree under rule 16 if he is satisfied that:—

(a) the application was sent to the respondent;

(b) no notice of dispute has been received; and

19

Where a decree has been issued under rule 16, the judge may, either on an application or of his own choosing—

(a) set aside or vary the decree; or

(b) make any other order or give any other directions as the circumstances require.

20

If an application under rule 19 is made by one of the parties, it must be made in Form 129 and must set out all of the relevant facts.

21

On receiving the application, the officer shall send a copy to the other party (who may, within 14 days, respond in writing to the application) and inform the parties of the date on which the application will be heard.

22

If a decree is set aside the officer must inform the parties immediately and amend the court records accordingly.

23

An application in Form 127 or 128 may not be made if the claim is brought against a minor or a patient.

24

[^f00255] An application in Form 127 or 128 may only be made with the judge’s permission—

(a) if the claim is brought against the Crown; or

(b) if in any such proceedings as are mentioned in section 139(1)(b) of the Consumer Credit Act 1974[^f00256] the debtor or surety desires to have a credit agreement re-opened.]

25

A request for permission under rule 24 shall be made in writing and the other party shall be informed of the request.

Assessment hearing

26

The officer shall notify the parties of the date on which the amount of the claim will be assessed by the judge.

27

Where a decree has been issued under Rule 16(b) and the party against whom the decree has been made wishes to attend the assessment hearing, he must notify the small claims office and the other parties in writing.

28

The judge shall issue a decree for the amount of the claim, as assessed.

Venue for a small claims hearing

29

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

Procedure on a small claims hearing

30

A small claims hearing—

(a) shall be informal; and

(b) shall not be subject to the strict rules of evidence.

31

The judge may adopt any procedure which he considers to be fair.

Powers of [ the judge]

32

The judge has the power—

(a) to administer oaths and take the affirmations of the parties and any witnesses who attend;

(b) to order specific performance of a contract;

(d) to correct any clerical mistake in a decree;

(e) without prejudice to Rule 19(a) and either on the application of any of the parties or of his own choosing, to set aside, vary or confirm any decree; or

(f) to direct that an application in Form 125 be transferred to his civil bill list, provided he is satisfied that—

(i) a difficult question of fact or law is involved; or

(ii) fraud is alleged against a party; or

(iii) the parties consent to the application being dealt with in that way; or

(iv) it would be unreasonable for the application to be dealt with in a small claims hearing because of its subject matter, the circumstances of the parties or the interests of any other person likely to be affected by the outcome.

33

If an application is transferred to the judge’s civil bill list, it shall proceed as if it had been commenced by civil bill and shall be subject to scale costs.

34

An application under Rule 32(e) shall be made in writing and the other party shall be informed of the application.

35

All parties shall, subject to any legal objection, agree to—

(a) be examined by the judge on oath or affirmation;

(b) produce any relevant documents or items which are in their possession; and

Witnesses

36

If a party wishes to summons a person as a witness, he can apply to the small claims court under Order 24, rule 9 for a witness summons and the summons maybe served in accordance with paragraph (5) of that rule or may be delivered to the witness personally by the applicant.

Expert Evidence

37

At any time before giving his decision the judge may—

(a) consult any expert;

(b) ask for an expert report on any disputed issue; and

38

Unless the judge orders otherwise the evidence of any expert witness retained by a party must be given in a written report and the report, together with one copy, must be lodged with the small claims office not less than 14 days before the date of the small claims hearing.

39

On receiving the report, the officer shall send a copy to the other party and may set a new date for hearing.

Transfer of proceedings

40

If the judge is satisfied that an application could be more conveniently or fairly dealt with in another small claims court, he may order the application to be transferred to that court and the chief clerk of the court in which the application is originally made must—

(a) inform all the parties of the transfer; and

(b) send to the chief clerk of the other court any relevant court records and documents.

41

On receiving the relevant records and documents, the chief clerk of the other court shall set a date for the hearing and advise the parties of that date.

Documents

42

Any document which is required to be sent may be sent by ordinary first class post.

Costs

43

Subject to Rules 33, 44 and 45, no costs, except the appropriate court fee, may be awarded in respect of an application for a small claim.

44

No witness expenses may be awarded, except in respect of expert witnesses who have provided written or oral evidence at the request of the judge under Rule 37.

45

If the judge is satisfied that—

(a) there has been unreasonable conduct by one of the parties he may award costs against that party;

(b) the proceedings were properly started by ordinary civil bill under Rule 3 he may, subject to Rule 46, award such costs as he considers appropriate.

46

When the judge is awarding costs under Rule 45 the costs must not exceed those specified in [[^f00258] Table 2) of Part I of Appendix 2 and must be determined in accordance with the amount of the claim.]

Application, interpretation and scope

Translations

ESCP proceedings

Venue for an ESCP hearing

8

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

Procedure on an ESCP hearing

9

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

10

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

Transfer of proceedings

11

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

12

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

Transfer of proceedings where the claim is outside the scope of the ESCP Regulation

13

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

Transfer of proceedings where the respondent claims that the non-monetary claim exceeds the limit set in Article 2(1) of the ESCP Regulation

14

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

Transfer of proceedings where the ESCP counterclaim exceeds the limit set in Article 2(1) of the ESCP Regulation

15

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

Review of an ESCP judgment

16

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

Inadequate or insufficient information

17

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

Costs

18

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

PART I — PROCEEDINGS UNDER MARRIED WOMEN’S PROPERTY ACT 1882.]

1

(1) Where application is made under section 17 of the Married Women’s Property Act 1882[^f00263] particulars of the question to be submitted to the decision of [[^f00264] the judge] shall be filed in the Office and thereupon a summons shall be issued in Form 135 and shall be served together with a copy of the particulars [[^f00265] not less than 28 days before the date fixed for the hearing].

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

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[[^f00264] The judge] shall direct what costs are to be allowed.

[ PART II — FAMILY LAW (MISCELLANEOUS PROVISIONS) (NORTHERN IRELAND) ORDER 1984

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(1) Every application under Article 4 or 13 of the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984 shall be dealt with in chambers unless [[^f00264] the judge] otherwise directs.

(2) Subject to paragraph (4), notice of an application under the said Article 4 or 13 shall be given in Form 136 and shall be filed in the office and (subject to paragraph(3)) shall be served on the respondent [[^f00266] not less than 28 days before the date fixed for the hearing.

(3) Where the application is for an order terminating the respondent’s rights of occupation and it appears to [[^f00264] the judge] on the ex parte application of the applicant that the respondent is not in occupation of the dwelling house to which the application relates and his whereabouts cannot after reasonable inquiries be ascertained, [[^f00264] the judge] may dispense with service of the summons or make such other order as to service as he considers appropriate.

(4) Where any matrimonial cause (within the meaning of Article 48(11) of the Matrimonial Causes (Northern Ireland) Order 1978[^f00267]) or proceedings under section 17 of the Married Women’s Property Act 1882 concerning the matrimonial home are pending between the parties in a county court an application under the said Article 4 or 13 shall be made on notice to [[^f00264] the judge] in those proceedings in accordance with Order 14 Rule 1.

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

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The costs of an application under Article 4 or 13 shall be in the discretion of [[^f00264] the judge.].

[ Interpretation

Saving for earlier Rules

Where proceedings may be commenced

3

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

Joinder of parties

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(1) All the parties to a regulated agreement, and any surety, shall be made parties to any proceedings relating to the agreement, subject to the discretion of [[^f00272] the judge or district judge as the case may be] to direct otherwise at the hearing.

(2) Without prejudice to paragraph (1), [[^f00272] the judge or district judge as the case may be] may, on an ex parte application grounded upon an affidavit setting forth the facts as provided by section 70(3) or 73(8), make an order that the supplier or the negotiator, as the case may be, shall be made a party to the proceedings against the creditor, and [[^f00272] the judge or district judge as the case may be] may, before making such order, require such notice of the application to be served as he thinks fit.

Action to recover possession of goods under a hire-purchase agreement

5

An action to recover possession of goods under a hire-purchase agreement shall be commenced by civil bill stating the following particulars—

(a) the date of the agreement and the parties thereto, with sufficient particulars to enable the debtor to identify the agreement;

(b) where the plaintiff was not one of the original parties to the agreement, the means by which the rights and duties of the creditor under the agreement passed to him;

(d) the goods claimed;

(e) the total price;

(f) the amount paid by or on behalf of the debtor;

(g) the date when the right to demand recovery of the goods accrued;

(h) the amount of arrears accrued at the date when the right to demand recovery of the goods accrued;

(i) the amount of any further balance under the agreement (being the total price less (a) the amount paid and (b) any arrears); and

(j) the amount (if any) claimed in addition to the delivery of the goods, stating the cause of action in respect of which each such claim is made.

Particulars to be given in other claims arising out of a hire-purchase agreement

6

Where a plaintiff’s claim arises out of a hire-purchase agreement but it is not brought to recover possession of goods, he shall state in his originating process the following particulars—

(a) the date of the agreement and the parties thereto, with sufficient particulars to enable the debtor to identify the agreement,

(b) where the plaintiff was not one of the original parties to the agreement, the means by which the rights and duties of the creditor under the agreement passed to him;

(d) the goods let under the; agreement;

(e) the total price;

(f) the amount paid by or on behalf of the debtor;

(g) the amount (if any) claimed as being due and unpaid in respect of any instalment or instalments of the total price; and

(h) particulars of any other claim and the circumstances in which it arises.

Conditional sale agreements

7

The provisions of Rules 5 and 6 shall apply to conditional, sale agreements as they apply to hire-purchase agreements subject to the following modifications—

(a) for any reference to the debtor there shall be substituted, a reference to the buyer; and

(b) for any reference to a hire-purchase agreement or to goods let under the agreement, there shall be substituted a reference to the conditional sale agreement, or to goods to be sold under the agreement, as the case may be.

Protection orders

8

(1) An application under section 131 may, where the exigencies of the case so require, be made ex parte, upon lodgment by the applicant in the Office of a requisition setting forth the nature of the application.

(2) Every other application under section 131 shall be by motion on notice in Form 281.

Enforcement orders

9

(1) Subject to paragraph (2), an application for an enforcement order shall be made by notice in Form 282.

(2) If, apart from the need to obtain an enforcement order, a creditor is entitled to payment of the money or possession of the goods or land to which the agreement relates, an application for an enforcement order shall be made in the course of an action to enforce the agreement.

(3) Where a creditor wishes to apply for an enforcement order as provided for by paragraph (2) he shall endorse the originating process with a statement to that effect.

(4) The notice of application under paragraph (1) and the endorsement provided for by paragraph (3) shall state the circumstances rendering an enforcement order necessary.

(5) The applicant shall serve the notice of application under paragraph (1) on the other party or parties to the agreement (who shall be the respondent or respondents to the application) and a copy of the notice on the chief clerk not less than twenty-eight days before [[^f00273] the date fixed for the hearing].

[[^f00274] . . .]

Orders under section 86(2), 92(1) or (2) or 126

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Rule 9 shall apply to an application for an order under section 86(2) (enforcement of a partly secured or unsecured regulated agreement on the death of the debtor or hirer), 92(1) (entry into premises to take possession of goods), 92(2) (recovery of possession of land where debtor is in breach of a regulated conditional sale agreement) or 126 (enforcement of a land mortgage securing a regulated agreement) as it applies to an enforcement order, so however that in the case of an order under section 86(2) the personal representatives of the deceased debtor or hirer shall be made parties to the proceedings in which the order is sought.

[ Unfair relationships.

11

(1) An application under section 140B(2)(a) for an order under section 140B in connection with a credit agreement shall be made by notice in Form 283.

(2) Paragraph 5 of rule 9 shall apply to a notice of application under paragraph (1) of this rule.

(3) Where in county court proceedings of a type specified in section 140B(2)(b) or (c) a debtor or surety desires an order under section 140B in connection with a credit agreement he shall, not less than 28 days before the date fixed for the hearing, serve notice of motion in Form 281 that he so desires on the chief clerk and on the other party or parties to the proceedings or their solicitors.

(4) Paragraph (3) shall not apply where notice has been served under paragraph (5).

(5) Where a defendant in accordance with section 140B(2)(b) or (c) desires an order under section 140B in connection with a credit agreement he shall serve notice that he so desires on the chief clerk and on the plaintiff’s solicitor or, where the plaintiff is suing in person, on the plaintiff within 21 days from the date of service upon him of the civil bill.]

Time Orders

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(1) An application for a time order under [[^f00276] section 129(1)(b) or (ba)] shall be made by notice in Form 284 and shall state the following particulars—

(a) the date of the agreement and the parties to it, with sufficient particulars to enable the respondent to identify the agreement and details of any sureties;

(b) if the respondent was not one of the original parties to the agreement, the name of the original party to the agreement;

(d) the place where the agreement was signed by the applicant;

(e) details of the notice served by the respondent giving rise to the application;

(f) [ if known] the total unpaid balance due under the agreement and the amount of any arrears together with the amount and frequency of the payments specified by the agreement;

(g) the applicant’s proposals as to payment of any arrears and to future instalments together with details of his means;

(h) where the application relates to a breach of the agreement other than the non-payment of money, the applicants proposals for remedying it.

(2) [[^f00277] Paragraph (5) of Rule 9] shall apply to a notice of application under paragraph (1) of this Rule.

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