LegalizeCounty Court Rules (Northern Ireland) 1981
Sub-paragraph inserted by S.R. 2013 No. 19 with effect from 25.02.13
Words amended by S.R. 2013 No. 19 with effect from 25.02.13
Paragraphs 4 & 5 of rule 11 omitted by S.R. 2013 No. 19 with effect from 25.02.13
Figure substituted by S.R. 1999 No. 464 with effect from 06.12.99
Rule 14 substituted by S.R. 1995 No. 282 with effect from 01.09.95
Words substituted by S.R. 2006 No. 521 with effect from 08.01.07
Paragraphs 3–6 inserted by S.R. 2002 No. 412 with effect from 03.03.03
Words amended by S.R. 2013 No. 19 with effect from 25.02.13
Rule 17 substituted by S.R. 2013 No. 19 with effect from 25.02.13
Words substituted by S.R. 1993 No. 322 with effect from 01.09.93
Rule 19 substituted by S.R. 2002 No. 255 with effect from 04.11.02
Figure substituted by S.R. 2013 No. 19 with effect from 25.02.13
Rule 20 inserted by S.R. 1995 No. 151 with effect from 01.09.95
Words amended by S.R. 2013 No. 19 with effect from 25.02.13
Rule 21 inserted by S.R. 1996 No. 295 with effect from 02.09.96
To be construed as such by S.R. 1991 No. 230 with effect from 28.06.91
Words amended by S.R. 2013 No. 19 with effect from 25.02.13
Rule 5 inserted by S.R. 2006 No. 521 with effect from 08.01.07
Words amended by S.R. 2013 No. 19 with effect from 25.2.13
To be construed as such by S.R. 1991 No. 230 with effect from 28.6.91
Words substituted by S.R. 2010 No. 133 with effect from 12.4.10
Words amended by S.R. 2013 No. 19 with effect from 25.2.13
Words inserted byS.R. 2002 No. 255 with effect from 4.11.02
New Rule 1 inserted by S.R. 2002 No. 255 with effect from 4.11.02
Words inserted by S.R. 1988 No. 100 with effect from 1.5.88
Words deleted by S.R. 1985 No. 31 with effect from 25.3.85
Words deleted by S.R. 1995 No. 151 with effect from 1.9.95
Words substituted by S.R. 1982 No. 120 with effect from 1.6.82
Words inserted by S.R. 1994 No. 472 with effect from 1.1.95
Forms 249–262 substituted by S.R. 1989 No. 307 with effect from 01.10.89
Words inserted by S.R. 2004 No. 216 with effect from 31.05.04
Words inserted by S.R. 2002 No. 255 with effect from 04.11.02
Form 126 inserted by S.R. 2009 No. 176 with effect from 18.05.09
Form 68C inserted by S.R. 1990 No. 269 with effect from 03.09.90
Form 68B inserted by S.R. 1990 No. 269 with effect from 03.09.90
Form 43 inserted by S.R. 1995 No. 151 with effect from 01.09.95
Form 40 revoked by S.R. 1995 No. 151 with effect from 01.09.95
To be construed as such by S.R. 1991 No. 230 with effect from 28.06.91
Form 10A inserted by S.R. 1995 No. 471 with effect from 01.01.96
Title amended by S.R. 2002 No. 255 with effect from 04.11.02
Reference substituted by S.R. 2009 No. 19 with effect from 09.02.09
To be construed as such by S.R. 1991 No. 230 with effect from 28.06.91
Form 321 inserted by S.R. 1989 No. 480 with effect from 01.01.90
Forms 324 to 372 inserted by S.R. 1992 No. 249 with effect from 01.07.92
Forms 137A-137I substituted by S.R. 2003 No. 485 with effect from 1.1.04
Forms 137N to 137S inserted by S.R. 2005 No. 143 with effect from 18.04.05
Forms 137T and 137U inserted by S.R. 2009 No. 19 with effect from 09.02.09
Form 57 revoked by S.R. 1995 No. 151 with effect from 01.09.95
Forms 53, 55 and 56 inserted by S.R. 1995 No. 151 with effect from 01.09.95
Forms 127 to 129 inserted by S.R. 2002 No. 455 with effect from 04.11.02
Form 57 inserted by S.R. 1995 No. 282 with effect from 01.09.95
Form 58 revoked by S.R. 1995 No. 151 with effect from 01.09.95
To be construed as such by S.R. 1991 No. 230 with effect from 28.06.91
Form 322 inserted by S.R. 1989 No. 480 with effect from 01.01.90
Forms 68, 68B and 68C inserted by S.R. 1990 No. 269 with effect from 03.09.90
Form 68A omitted by S.R. 2013 No. 19 with effect from 25.02.13
Form 69 substituted for Form 68 by S.R. 1990 No. 269 with effect from 03.09.90
Words inserted by S.R. 1998 No. 21 with effect from 20.04.98
Form 126 inserted by S.R. 2009 No. 176 with effect from 18.05.09
Forms 400 and 401 inserted by S.R. 2010 No. 115 with effect from 09.04.10
Form 136 inserted by S.R. 1989 No. 211 with effect from 01.09.89
Forms 397 to 399 inserted by S.R. 2000 No. 282 with effect from 02.10.00
To be construed as such by S.R. 1991 No. 230 with effect from 28.06.91
Forms 194–211 substituted by S.R. 1997 No. 61 with effect from 20.02.97
Forms 196A, 197B and 204A substituted by S.R. 1997 No. 61 with effect from 20.2.97
Form 200A inserted by S.R. 2004 No. 463 with effect from 29.11.04
Forms 211A-211D inserted by S.R. 2004 No. 463 with effect from 29.11.04
Forms 308–313 inserted by S.R. 1989 No. 306 with effect from 1.9.89
Forms 308 and 312 revoked by S.R. 2002 No. 255 with effect from 4.11.02
Forms 373 to 388 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Forms inserted by S.R. 1996 No. 295 with effect from 2.9.96
Form 293 revoked by S.R. 1999 No. 129 with effect from 12.4.99
Forms 314, 315, 317, 319 and 323 inserted by S.R. 1989 No. 480 with effect from 1.1.90. Form 323 amended by S.R. 2006 No. 521 with effect from 8.1.07
Forms 314, 315, 317, 319, 321 and 323 inserted by S.R. 1989 No. 480 with effect from 01.01.90
To be construed as such by S.R. 1991 No. 230 with effect from 28.06.91
Forms 109A, 109B and 109C inserted by S.R. 1999 No. 490 with effect from 17.01.00
Form 126 inserted by S.R. 2009 No. 176 with effect from 18.05.09
Forms 42 and 42A substituted by S.R. 1995 No. 282 with effect from 01.09.95
Forms 109A, 109B and 109C inserted by S.R. 1999 No. 490 with effect from 17.01.00
Form 98A inserted by S.R. 1992 No. 478 with effect from 01.01.93
Form 68A omitted by S.R. 2013 No. 19 with effect from 25.02.13
To be construed as such by S.R. 1991 No. 230 with effect from 28.06.91
Form 51A revoked by S.R. 1995 No. 151 with effect from 01.09.95
Form 318 inserted by S.R 1989 No. 480 with effect from 1.1.90
Form 68E inserted by S.R 1996 No. 295 with effect from 2.9.95
Form 69 substituted for Form 68 by S.R 1990 No. 269 with effect from 3.9.90
Form 69A inserted by S.R 1983 No. 164 with effect from 1.9.83
Forms 109D and 109E inserted by S.R 1999 No. 490 with effect from 17.1.2000
Forms 316 to 320 inserted by S.R 1989 No. 480 with effect from 1.1.90
To be construed as such by S.R 1991 No. 230 with effect from 28.6.91
Form 294 revoked by S.R 1999 No. 129 with effect from 12.4.99
Forms 395, 393 and 389 inserted by S.R. 1995 No. 48 with effect from 20.03.95
Form 389 substituted by S.R. 2010 No. 115 with effect from 09.04.10
Form 307A inserted by S.R. 1997 No. 61 with effect from 20.02.97
Form 392 inserted by S.R. 1995 No. 48 with effect from 20.3.95
Form 246–248 deleted by S.R. 1989 No. 306 with effect from 1.9.89
Form 280 inserted by S.R. 1983 No. 14 with effect from 14.3.83
Paragraph moved from Arbitration to Small Claims and Forms added by S.R. 2004 No. 216 with effect from 31.5.04
Words inserted by S.R. 2002 No. 255 with effect from 04.11.02
New form 126 inserted by S.R. 2009 No. 176 with effect from 18.05.09
Forms 314–320 and 322 inserted by S.R. 1989 No. 480 with effect from 01.01.90
To be construed as such by S.R. 1991 No. 230 with effect from 28.06.91
Form 265A inserted by S.R. 1999 No. 129 with effect from 12.04.99
Forms 137J–137M inserted by S.R. 2004 No. 463 with effect from 29.11.04
Form 9 substituted by S.R. 1995 No. 151 with effect from 1.9.95
Form 10A substituted by S.R. 2002 No. 255 with effect from 04.11.02
Words substituted by S.R. 1995 No. 282 with effect from 1.9.95
Form 40 revoked by S.R. 1995 No. 151 with effect from 1.9.95
Forms 42 & 42A substituted by S.R. 1995 No. 282 with effect from 01.09.95
Form 43 substituted by S.R. 1995 No. 151 with effect from 01.09.95
Form 49 substituted by S.R. 1995 No. 282 with effect from 1.9.95
Forms 50 and 51A revoked by S.R. 1995 No. 151 with effect from 1.9.95
Forms 53 and 54 substituted by S.R. 1995 No. 282 with effect from 1.9.95
Form 55 and 56 substituted by S.R. 1995 No. 282 with effect from 1.9.95
Form 57 inserted by S.R. 1995 No. 282 with effect from 1.9.95
Forms 58 and 59 revoked by S.R. 1995 No. 151 with effect from 1.9.95
Form 68 substituted by S.R. 1990 No. 269 with effect from 03.09.90
Words substituted by S.R. 2013 No. 19 with effect from 25.02.13
Form 68A omitted by S.R. 2013 No.19 with effect from 25.02.13
Form 68B inserted by S.R. 1990 No. 269 with effect from 3.9.90
Form 68C inserted by S.R. 1990 No. 269 with effect from 3.9.90
Forms 68D and 68E inserted by S.R. 1996 No. 295 with effect from 2.9.96
Form 69 substituted by S.R. 1990 No. 269 with effect from 03.09.90
Form 69A inserted by S.R. 1983 No. 164 with effect from 01.09.83
Words inserted by S.R. 1995 No. 282 with effect from 01.09.95
Form 70A inserted by S.R. 1996 No. 295 with effect from 2.9.96
To be construed as such by S.R. 1991 No. 230 with effect from 28.6.91
To be construed as such by S.R. 1991 No. 230 with effect from 28.6.91
To be construed as such by S.R. 1991 No. 230 with effect from 28.6.91
To be construed as such by S.R. 1991 No. 230 with effect from 28.6.91
To be construed as such by S.R. 1991 No. 230 with effect from 28.6.91.
To be construed as such by S.R. 1991 No. 230 with effect from 28.6.91
Form 98A inserted by S.R. 1992 No. 478 with effect from 1.1.93
To be construed as such by S.R. 1991 No. 230 with effect from 28.6.91
Forms 109A-109E inserted by S.R. 1999 No. 490 with effect from 17.1.00
New Form 125 substituted by S.R. 2002 No. 255 with effect from 4.11.02
Form 126 inserted by S.R. 2009 No. 176 with effect from 18.05.09
New Form 126 substituted by S.R. 2002 No. 255 with effect from 4.11.02
New Form 126B substituted by S.R. 2002 No. 255 with effect from 4.11.02
New Forms 127 to 129 inserted by S.R. 2002 No. 255 with effect from 4.11.02
Forms 130 to 131A inserted by S.R. 2004 No. 216 with effect from 31.5.04
Original Form 136 deleted by S.R. 1985 No. 102 with effect from 19.5.85
New Form 136 inserted by S.R. 1989 No. 211 with effect from 1.9.89
Form 137A and 137C to 137I substituted by S.R. 2003 No. 485 with effect from 01.01.04
Form 137B substituted by S.R. 2003 No. 295 with effect from 30.06.03
Forms 137C-137I inserted by S.R. 2003 No. 485 with effect from 01.01.04
Forms 137J-137M inserted by S.R. 2004 No. 463 with effect from 29.11.04
Forms 137N -137S inserted by S.R. 2005 No. 143 with effect from 18.04.05
Forms 137T and 137U inserted by S.R. 2009 No. 19 with effect from 09.02.09
Words substituted by S.R. 1982 No. 287 with effect from 11.10.82
Words deleted by S.R. 1982 No. 287 with effect from 11.10.82
To be construed as such by S.R. 1991 No. 230 with effect from 28.6.91
To be construed as such by S.R. 1991 No. 230 with effect from 28.6.91
Forms 177–178 revoked by S.R. 1986 No. 347 with effect from 1.1.87
Form 194 substituted by S.R. 1997 No. 61 with effect from 20.2.97
Form 195 substituted by S.R. 1997 No. 61 with effect from 20.2.97
Form 196 substituted by S.R. 1997 No. 61 with effect from 20.2.97
Form 196A substituted by S.R. 1997 No. 61 with effect from 20.2.97
Form 197 substituted by S.R. 1997 No. 61 with effect from 20.2.97
Form 197A inserted by S.R. 1997 No. 61 with effect from 20.2.97
Form 197B substituted by S.R. 1997 No. 61 with effect from 20.2.97
Form 198 substituted by S.R. 1997 No. 61 with effect from 20.2.97
Form 199 substituted by S.R. 1997 No. 61 with effect from 20.2.97
Form 200 substituted by S.R. 1997 No. 61 with effect from 20.2.97
Form 200A inserted by S.R. 2004 No. 463 with effect from 06.01.05
Form 201 substituted by S.R. 1997 No. 61 with effect from 20.02.97
Form 202 substituted by S.R. 1990 No. 234 with effect from 01.07.90
Heading substituted by S.R. 1997 No. 61 with effect from 20.02.97
Form 203 substituted by S.R. 1990 No. 234 with effect from 01.07.90
Heading substituted by S.R. 1997 No. 61 with effect from 20.02.97
Form 204 substituted by S.R. 1990 No. 234 with effect from 01.07.90
Heading substituted by S.R. 1997 No. 61 with effect from 20.02.97
Form 204A inserted by S.R. 1997 No. 61 with effect from 20.02.97
Form 205 substituted by S.R. 1990 No. 234 with effect from 1.7.90
Heading substituted by S.R. 1997 No. 61 with effect from 20.2.97
Form 206 substituted by S.R. 1990 No. 234 with effect from 01.07.90
Heading substituted by S.R. 1997 No. 61 with effect from 20.02.97
Form 207 substituted by S.R. 1990 No 234 with effect from 1.7.90
Heading substituted by S.R. 1997 No. 61 with effect from 20.2.97
Form 208 substituted by S.R. 1990 No 234 with effect from 1.7.90
Heading substituted by S.R. 1997 No. 61 with effect from 20.2.97
Form 209 substituted by S.R. 1990 No. 234 with effect from 01.07.90
Heading substituted by S.R. 1997 No. 61 with effect from 20.02.97
Form 210 substituted by S.R. 1990 No. 234 with effect from 01.07.90
Heading substituted by S.R. 1997 No. 61 with effect from 20.02.97
Form 211 substituted by S.R. 1990 No. 234 with effect from 01.07.90
Heading substituted by S.R. 1997 No. 61 with effect from 20.02.97
Forms 211A–D inserted by S.R. 2004 No. 463 with effect from 06.01.05
Words substituted by S.R. 1982 No. 120 with effect from 01.06.82
Forms 246, 247 and 248 deleted by S.R. 1989 No. 306 with effect from 01.09.89
Forms 249–262 revoked by S.R. 2003 No. 272 with effect from 01.06.03
Form 265A inserted by S.R. 1999 No. 129 with effect from 12.04.99
Form 280 inserted by S.R. 1983 No. 14 with effect from 14.3.83
Form 281 inserted by S.R. 1985 No. 102 with effect from 19.5.85
Form 282 inserted by S.R. 1985 No. 102 with effect from 19.5.85
Form 283 substituted by S.R. 2008 No. 199 with effect from 30.05.08
Form 284 inserted by S.R. 1985 No. 102 with effect from 19.5.85
Form 285 inserted by S.R. 1985 No. 102 with effect from 19.5.85
Form 286 inserted by S.R. 1985 No. 102 with effect from 19.5.85
Form 287 inserted by S.R. 1985 No. 102 with effect from 19.05.85
Form 288 inserted by S.R. 1985 No. 102 with effect from 19.05.85
Form 289 inserted by S.R. 1985 No. 102 with effect from 19.5.85
Form 290 inserted by S.R. 1985 No. 102 with effect from 19.5.85
Form 291 inserted by S.R. 1985 No. 102 with effect from 19.5.85
Form 292 inserted by S.R. 1986 No. 218 with effect from 1.9.86.
Form 293 revoked by S.R. 1999 No. 129 with effect from 12.4.99
Form 294 revoked by S.R. 1999 No. 129 with effect from 12.4.99
Form 296 inserted by S.R. 1986 No. 347 with effect from 1.1.87
Form 296 inserted by S.R. 1986 No. 347 with effect from 1.1.87
Words substituted by S.R. 1998 No. 21 with effect from 20.4.98
Forms 297 and 298 inserted by S.R. 1986 No. 347 with effect from 1.1.87
Form 299 inserted by S.R. 1988 No. 100 with effect from 1.5.88
Form 300 inserted by S.R. 1988 No. 100 with effect from 01.05.88
Form 301 inserted by S.R. 1988 No. 100 with effect from 01.05.88
Form 302 inserted by S.R. 1988 No. 100 with effect from 01.05.88
Form 303 inserted by S.R. 1988 No. 100 with effect from 1.5.88
Form 304 inserted by S.R. 1988 No. 100 with effect from 1.5.88
Form 305 substituted by S.R. 1997 No. 61 with effect from 20.2.97
Form 306 substituted by S.R. 1997 No. 61 with effect from 20.2.97
Form 307 substituted by S.R. 1988 No 234 with effect from 1.7.88
Heading substituted by S.R. 1997 No. 61 with effect from 20.2.97
New Form 307A inserted by S.R. 1997 No.. 61 with effect from 20.2.97
Form 308 revoked by S.R. 2002 No. 255 with effect from 4.11.02
Form 309 inserted by S.R. 1989 No. 306 with effect from 1.9.89
Forms 310 and 311 inserted by S.R. 1989 No. 306 with effect from 1.9.89
Form 312 revoked by S.R. 2002 No. 255 with effect from 4.11.02
Form 313 inserted by S.R. 1989 No. 306 with effect from 1.9.89
Form 314 inserted by S.R. 1989 No. 480 with effect from 1.1.90
Form 315 inserted by S.R. 1989 No. 480 with effect from 1.1.90
Form 316 inserted by S.R. 1989 No. 480 with effect from 1.1.90
Form 317 inserted by S.R. 1989 No. 480 with effect from 1.1.90
Form 318 inserted by S.R. 1989 No. 480 with effect from 1.1.90
Form 319 inserted byS.R. 1989 No. 480 with effect from 1.1.90
Form 320 inserted by S.R. 1989 No. 480 with effect from 1.1.90
Form 321 inserted by S.R. 1989 No. 480 with effect from 1.1.90
Form 322 inserted by S.R. 1989 No. 480 with effect from 1.1.90
Form 323 inserted by S.R. 1989 No. 480 with effect from 1.1.90
Title amended by S.R. 2006 No. 521 with effect from 8.1.07
Form 324 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Form 325 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Form 326 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Form 327 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Form 328 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Form 329 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Form 330 inserted by S.R. 1992 No. 249 with effect from 1.7.92.
Form 331 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Forms 332 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Forms 334 and 335 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Forms 336 and 337 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Form 338 inserted by S.R. 1992 No. 249 with effect from 01.07.92
Form 339 inserted by S.R. 1992 No. 249 with effect from 01.07.92
Form 340 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Form 341 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Form 342 inserted by S.R. 1992 No. 249 with effect from 01.07.92
Form 343 inserted by S.R. 1992 No. 249 with effect from 01.07.92
Forms 344 and 345 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Form 346 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Form 347 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Form 348 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Form 349 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Form 350 inserted by S.R. 1992 No. 249 with effect from 01.07.92
Form 352 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Form 353 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Form 354 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Form 355 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Form 356 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Form 357 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Form 358 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Form 359 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Form 360 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Form 361 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Form 362 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Form 363 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Form 364 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Form 365 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Form 366 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Form 367 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Form 368 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Form 369 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Form 370 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Form 371 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Form 372 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Form 373 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Form 374 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Form 375 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Form 376 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Form 377 inserted by S.R. 1992 No. 249 with effect from 01.07.92
Form 378 inserted by S.R. 1992 No. 249 with effect from 01.07.92
Forms 379 and 380 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Forms 381 and 382 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Form 383 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Form 384 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Form 385 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Form 386 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Form 387 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Form 388 inserted by S.R. 1992 No. 249 with effect from 1.7.92
Form substituted by S.R. 2010 No. 115 with effect from 09.04.10
Form 390 inserted by S.R. 1995 No. 48 with effect from 20.3.95
Form 391 inserted by S.R. 1995 No. 48 with effect from 20.3.95
Form 392 inserted by S.R. 1995 No. 48 with effect from 20.3.95
Form 393 inserted by S.R. 1995 No. 48 with effect from 20.03.95
Form 394 inserted by S.R. 1995 No. 48 with effect from 20.03.95
Form 395 inserted by S.R. 1995 No. 48 with effect from 20.3.95
Form 396 inserted by S.R. 1995 No. 48 with effect from 20.3.95
Form 397 and 398 inserted by S.R. 2000 No. 282 with effect from 02.10.00
Form 399 inserted by S.R. 2000 No. 282 with effect from 02.10.00
Form 400 inserted by S.R. 2010 No. 115 with effect from 09.04.10
Form 401 inserted by S.R. 2010 No. 115 with effect from 09.04.10
To be construed as such by S.R. 1991 No. 230 with effect from 28.6.91
To be construed as such by S.R. 1991 No. 230 with effect from 28.6.91
Entry deleted by S.R. 1995 No. 151 with effect from 1.9.95
Entry deleted by S.R. 1995 No. 151 with effect from 1.9.95
Entry inserted by S.R. 1989 No. 480 with effect from 1.1.90
Entry deleted by S.R. 1995 No. 151 with effect from 1.9.95
Entries deleted by S.R. 1995 No. 151 with effect from 1.9.95
Entry inserted by S.R. 1994 No. 472 with effect from 1.1.95
To be construed as such by S.R. 1991 No. 230 with effect from 28.6.91
Entry inserted by S.R. 1995 No. 151 with effect from 1.9.95
Entries inserted by S.R. 1989 No. 480 with effect from 1.1.90
To be construed as such by S.R. 1991 No. 230 with effect from 28.6.91
Entry inserted by S.R. 1995 No. 471 with effect from 1.1.96
To be construed as such by S.R. 1991 No. 230 with effect from 28.6.91
Entries deleted by S.R. 1995 No. 151 with effect from 1.9.95
Entry inserted by S.R. 1989 No. 480 with effect from 1.1.90
To be construed as such by S.R. 1991 No. 230 with effect from 28.6.91
Entry inserted by S.R. 1995 No. 151 with effect from 1.9.95
Words substituted by S.R. 1995 No. 151 with effect from 1.9.95
Entries deleted by S.R. 1995 No. 151 with effect from 1.9.95
Entries deleted by S.R. 1995 No. 151 with effect from 1.9.95
Entries deleted by S.R. 1995 No. 151 with effect from 1.9.95
Entries inserted by S.R. 1995 No. 151 with effect from 1.9.95
Entry deleted by S.R. 1995 No. 151 with effect from 1.9.95
To be construed as such by S.R. 1991 No. 230 with effect from 28.6.91
Figure substituted by S.R. 1995 No. 151 with effect from 1.9.95
Entry inserted by S.R. 1996 No. 295 with effect from 2.9.96
Entry deleted by S.R. 1995 No. 151 with effect from 1.9.95
To be construed as such by S.R. 1991 No. 230 with effect from 28.6.91
Entry deleted by S.R. 1995 No. 151 with effect from 1.9.95
Entry inserted by S.R. 1989 No. 480 with effect from 1.1.90
Entry inserted by S.R. 1995 No. 151 with effect from 1.9.95
Words inserted by S.R. 1995 No. 151 with effect from 1.9.95
Entries deleted by S.R. 1995 No. 151 with effect from 1.9.95
Entry inserted by S.R. 1992 No. 249 with effect from 1.7.92
Entries inserted by S.R. 1995 No. 151 with effect from 1.9.95
Entry inserted by S.R. 1989 No. 480 with effect from 1.1.90
Entry deleted by S.R. 1995 No. 151 with effect from 1.9.95
To be construed as such by S.R. 1991 No. 230 with effect from 28.6.91
Entries deleted by S.R. 1995 No. 151 with effect from 1.9.95
Entry inserted by S.R. 1995 No. 151 with effect from 1.9.95
Entry deleted by S.R. 1995 No. 151 with effect from 1.9.95
To be construed as such by S.R. 1991 No. 230 with effect from 28.6.91
Entry inserted by S.R. 1989 No. 480 with effect from 1.1.90
Entry inserted byS.R. 1997 No. 17 with effect from 31.1.97
Entry deleted by S.R. 1995 No. 151 with effect from 1.9.95
Entry amended by S.R. 1995 No. 151 with effect from 1.9.95
Entry deleted by S.R. 1995 No. 151 with effect from 1.9.95
To be construed as such byS.R. 1991 No. 230 with effect from 28.6.91
To be construed as such by S.R. 1991 No. 230 with effect from 28.6.91
Entries inserted by S.R. 1995 No. 151 with effect from 1.9.95
Entry inserted by S.R. 1996 No. 294 with effect from 2.9.96
Entry deleted by S.R. 1995 No. 151 with effect from 1.9.95
To be construed as such by S.R. 1991 No. 130 with effect from 28.6.91
Entry deleted by S.R. 1995 No. 151 with effect from 1.9.95
Entry inserted by S.R. 1995 No. 48 with effect from 20.3.95
Entry inserted by S.R. 2000 No. 282 with effect from 2.10.00
Entry deleted by S.R. 1995 No. 151 with effect from 1.9.95
Entries inserted by S.R. 1995 No. 151 with effect from 1.9.95
Entries inserted by S.R. 1995 No. 151 with effect from 1.9.95
Entry deleted by S.R. 1995 No. 151 with effect from 1.9.95
To be construed as such by S.R. 1991 No. 230 with effect from 28.6.91
Entry inserted by S.R. 1989 No. 480 with effect from 1.1.90
Entry deleted by S.R. 1995 No. 151 with effect from 1.9.95
To be construed as such by S.R. 1991 No. 230 with effect from 28.6.91
Entry inserted by S.R. 1989 No. 480 with effect from 1.1.90
Words substituted by S.R. 1997 No. 61 with effect from 20.2.97
Words inserted by S.R. 2004 No. 463 with effect from 29.11.04
Words inserted by S.R. 1997 No. 61 with effect from 20.2.97
To be construed as such by S.R. 1991 No.. 230 with effect from 28.6.91
To be construed as such by S.R. 1991 No.. 230 with effect from 28.6.91
Entry substituted by S.R. 1995 No. 151 with effect from 1.9.95
Entry deleted by S.R. 1995 No. 151 with effect from 1.9.95
Entry deleted by S.R. 1995 No. 151 with effect from 1.9.95
Entries deleted by S.R. 1995 No. 151 with effect from 1.9.95
Entry inserted by S.R. 1995 No. 151 with effect from 1.9.95
Entry inserted by S.R. 1989 No. 480 with effect from 1.1.90
Entry inserted by S.R. 1995 No. 48 with effect from 20.3.95
Entry deleted by S.R. 1995 No. 151 with effect from 1.9.95
Entries inserted by S.R. 1995 No. 151 with effect from 1.9.95
Words inserted by S.R. 1995 No. 151 with effect from 1.9.95
Entry deleted by S.R. 1995 No. 151 with effect from 1.9.95
Entries deleted by S.R. 1995 No. 151 with effect from 1.9.95
Entry inserted by S.R. 1995 No. 31 with effect from 25.3.85
Entry amended by S.R. 1995 No. 151 with effect from 1.9.95
Entry inserted by S.R. 1989 No. 480 with effect from 1.1.90
Entries deleted by S.R. 1995 No. 151 with effect from 1.1.95
To be construed as such by S.R. 1991 No. 230 with effect from 28.6.91
Entry deleted by S.R. 1995 No. 151 with effect from 1.9.95
Entry inserted by S.R. 1995 No. 282 with effect from 1.9.95
Entry inserted by S.R. 1995 No. 151 with effect from 1.9.95
Entry inserted by S.R. 1983 No. 14 with effect from 14.3.83
Entry inserted by S.R. 1985 No. 31 with effect from 25.3.85
Entry deleted by S.R. 1995 No. 151 with effect from 1.9.95
Words inserted by S.R. 2004 No. 216 with effect from 31.5.04
To be construed as such by S.R. 1991 No. 230 with effect from 28.6.91
Words inserted by S.R. 2004 No. 216 with effect from 31.5.04
Entry inserted by S.R. 1989 No. 480 with effect from 1.1.90
Entries deleted by S.R. 1995 No. 151 with effect from 1.9.95
Entry deleted by S.R. 1995 No. 151 with effect from 1.9.95
Entry deleted by S.R. 1995 No. 151 with effect from 1.9.95
To be construed as such by S.R. 1991 No. 230 with effect from 28.6.91
Entry amended by S.R. 1995 No. 151 with effect from 1.9.95
To be construed as such by S.R. 1991 No. 230 with effect from 28.6.91
Proceedings for the construction of deeds, wills, etc.
Proceedings commenced by petition
Proceedings by or against a judge, district judge, circuit administrator or chief clerk
Proceedings by and against the Crown
Proceedings under Part II of the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984
16
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[ Administration of Estates (Northern Ireland) Order 1979]
[ Patients]
Proceedings on change of plaintiff’s or defendant’s title before decree
Commencement of civil bill
Commencement of petition
[ Service of Notice of Intention to Defend
3A
A notice of intention to defend may be served by sending to the plaintiff at the address given for the plaintiff in the civil bill a copy of the notice of intention to defend by ordinary first class post.]
Actions for recovery of land
Persons under disability
Resistance to service; substituted service
Service deemed good
[ ORDER 6A — Service out of Northern Ireland
Interpretation
1
In this Order the following words and expressions have the following meanings, unless a contrary intention appears:—
- “originating process” includes a third party notice [51 . . .];
- “interlocutory process” means an order, notice or summons made, given or issued in proceedings already commenced in or remitted to a county court;
- “process” means an originating process or an interlocutory process;
- “country” means a foreign country, or any country mentioned in Rule 7(5);
- “country of service” means the country in which a process is to be served or is served pursuant to leave granted under this Order;
- “convention country” means a foreign country with which a convention has been made in relating to civil procedure including the service documents issued from Northern Ireland in the foreign country and includes a country which is a party to the Hague Convention;
- [52 “convention territory” means the territory or territories of any Contracting State, as defined by section 1(3) of the Civil Jurisdiction and Judgments Act 1982 ... ;]
- “Hague Convention” means the Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil or Commercial matters signed at The Hague on 15th November 196553;
- “associated state” has the meaning given to it by the Interpretation Act 197854;
- “colony” has the meaning given to it by the Interpretation Act 1978;
- “applicant” means the party applying for or obtaining leave under this Order to serve a process outside Northern Ireland [55 or, where leave is not required, the party serving a process out of Northern Ireland;]
- “respondent” means the party on whom the applicant seeks or obtains leave to serve a process [55 or, where leave is not required, the party on whom a process is served out of Northern Ireland.]
[Cases in which service of originating process out of Northern Ireland is permissible
2
- (1) Except in proceedings to which paragraph (2) or (3) apply, service of an originating process out of Northern Ireland is permissible with the leave of the Court where—
- (a) relief is sought against a person domiciled in Northern Ireland;
- (b) an injunction is sought ordering the defendant to do or refrain from doing anything within Northern Ireland (whether or not damages are also being claimed in respect of a failure to do or the doing of that thing);
- (c) the claim is brought against any person duly served within or out of Northern Ireland and a person out of Northern Ireland is a necessary or proper party thereto;
- (d) the claim is brought to enforce, rescind, dissolve, annul or otherwise affect a contract, or to recover damages or obtain other relief in respect of the breach of a contract being (in either case) a contract which—
- (i) was made within Northern Ireland, or
- (ii) was made by or through an agent trading or residing within Northern Ireland on behalf of a principal trading or residing out of Northern Ireland, or
- (iii) is by its terms, or by implication, governed by the law of Northern Ireland;
- (e) the claim is brought in respect of a breach committed within Northern Ireland of a contract made within or out of Northern Ireland, and irrespective of the fact, if such be the case, that the breach was preceded or accompanied by a breach committed out of Northern Ireland that rendered impossible the performance of so much of the contract as ought to have been performed within Northern Ireland;
- (f) the claim is founded on a tort and the damage was sustained, or resulted from an act committed, within Northern Ireland;
- (g) the whole subject-matter of the proceedings is land situate within Northern Ireland (with or without rent or profits);
- (h) the proceedings are brought to construe, rectify, set aside or enforce an act, deed, will, contract, obligation or liability affecting land situate within Northern Ireland;
- (i) the claim is made for the debt secured on immovable property or is made to assert, declare or determine proprietary or possessory rights or rights of security in or over movable property, or to obtain authority to dispose of movable property, situate within Northern Ireland;
- (j) the claim is brought to execute the trusts of a written instrument, being trusts that ought to be executed according to the law of Northern Ireland and of which the person to be served with the originating process is a trustee, or for any relief or remedy which might be obtained when such a claim is brought;
- (k) the claim is made for the administration of the estate of a person who died domiciled in Northern Ireland or for any relief or remedy which might be obtained in any such action;
- (l) the claim is brought to enforce any judgment or arbritral award;
- (m) the claim is brought against a defendant not domiciled in England and Wales or Scotland in respect of a claim by the Commissioners of Inland Revenue for or in relation to any of the duties or taxes which have been, or are for the time being, placed under their care and management;
- (n) the claim is brought in respect of contributions under the Social Security (Northern Ireland) Act 1975;
- (o) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) Service of originating process out of Northern Ireland is permissible without the leave of the court where each claim made is one which the court has power to hear and determine by virtue of the Civil Jurisdiction and Judgments Act 1982 made in proceedings to which the following conditions apply—
- (a) no proceedings between the parties concerning the same, cause of action are pending in the courts of any part of the United Kingdom or of any other Convention territory; and
- (b)
- (i) the defendant is domiciled in any part of the United Kingdom or of any other Convention territory, or
- (ii) the proceedings begun by the originating process are proceedings to which ... Article 16 of Schedule 3C or, Article 16 of Schedule 4 that Act refers, or
- (iii) the defendant is a party to an agreement conferring jurisdiction to which ... [57 Article 17 of Schedule 3C] or Article 17 of Schedule 4 to that Act applies.
- (3) Service of originating process out of Northern Ireland is permissible without the leave of the court where each claim made is one which by virtue any other enactment the court has power to hear and determine notwithstanding that the person against whom the claim is made is not within Northern Ireland or that the wrongful act, neglect or default giving rise to the claim did not take place within Northern Ireland.
- (4) For the purposes of this Rule domicile is to be determined in accordance with the provisions of sections 41 to 46 of the Civil Jurisdiction and Judgments Act 1982.]
[ Service of interlocutory process out of Northern Ireland
3
Service of an interlocutory process out of Northern Ireland is permissible with the leave of the court on a person who is already a party to the proceedings and, in the case of a defendant, respondent or third party, has been served with the originating process but leave shall not be required for such service in any proceedings in which the originating process may by these Rules or under any enactment be served out of Northern Ireland without leave.]
England and Wales and Scotland
4
[59 Where leave is asked] from the court under Rule 2 to serve a process in England and Wales or in Scotland and it appears to the court that there may be a concurrent remedy in England and Wales or Scotland (as the case may be), the court shall have regard to the comparative cost and convenience of proceeding in the division, or in the place of residence of the respondent, and particularly to the powers and jurisdiction of the county courts in England and Wales and of the sheriff court in Scotland, respectively.
Application to be supported by evidence
5
- (1) An application for leave to serve a process on a respondent out of Northern Ireland shall be ex parte to [61 the judge] (or in an action in which the amount claimed or the value of specific chattels claimed does not exceed [62 £10,000], to the [63 district judge] and shall be supported by affidavit or other evidence—
- (a) stating that in the belief of the deponent the applicant has a good cause of action; and
- (b) showing—
- (i) in what country and place the respondent is or may probably be found; and
- (ii) whether the respondent is a United Kingdom national or not; and
- (iii) the grounds on which the application is [64 made, and]
- (iv) 65 where the application is made under Rule 2(1)(c), the grounds for the deponent’s belief that there is between the applicant and the person on whom an originating process has been served a real issue which the applicant may reasonably ask the court to try.]
- (2) Leave shall not be granted unless it appears to the court that the case is a proper one for service out of Northern Ireland.
Date of hearing
6
- (1) When giving leave to serve a process out of Northern Ireland, the court shall fix a date on which the proceedings to which it relates will be heard.
- (2) When exercising its powers under paragraph (1) of this Rule, the court shall have regard to the distance of the country of service.
- (3) 65 Where a process may be served out of Northern Ireland without leave, the date of the hearing to be shown on that process shall be fixed by the chief clerk having regard to the distance of the country of service.]
Modes of service
7
- (1) [64 Where a process is to be served] out of Northern Ireland, service may, subject to the provisions of this Rule, be effected—
- (a) through the court; or
- (b) by the applicant or his agent.
- (2) Where the country of service is a convention country, service may be effected through the court or, if service by the applicant or his agent is permitted by the Convention, by the applicant or his agent.
- (3) Where the country of service is neither a convention country nor a country mentioned in paragraph (5), service may be effected through the court.
- (4) Where the country of service is not a convention country but is a country mentioned in paragraph (5), service may be effected by the applicant or his agent, if and so far as the law of the country of service permits.
- (5) The countries referred to in paragraphs (3) and (4) are:—
- (a) England and Wales, Scotland, the Isle of Man and the Channel Islands;
- (b) any independent Commonwealth country outside the United Kingdom, and any territory administered by the government of such a country;
- (c) any associated state;
- (d) any colony;
- (e) the Republic of Ireland.
- (6) Where the respondent is a State, as defined in section 14 of the State Immunity Act 197866, service shall be effected through the court, except where the State has agreed to some other method of service.
Service by applicant
8
The process, if served by the applicant or his agent, shall be served on the respondent by, delivering it to him personally.
Service through the court
9
- (1) Where service is effected through the court, the applicant shall file a request in that behalf in Form 280, together with a copy thereof and two copies of the process to be served.
- (2) The request shall indicate whether the applicant wishes service to be effected—
- (a) through the authority designated under the Hague Convention,
- (b) through the foreign judicial authority,
- (c) through a British consular authority,
- (d) through the foreign government, where it is willing for service to be effected in that way.
- (3) Where the party to be served is a State, as defined in section 14 of the State Immunity Act 1978, the request shall indicate that fact and that the-applicant is willing for service to be effected by whatever method the Secretary of State may choose.
- (4) The applicant shall file with the request two copies of a translation of the process in the language of the country of service, certified by or on behalf of the applicant to be a correct translation:
Provided that this paragraph shall not apply where the official language or one of the official languages of the country of service is English, or service is to be effected on a United Kingdom national directly through the British Consul, unless the country of service is a convention country and the convention requires a translation.
- (4A) 67 Where the leave of the court is required to serve a process out of Northern Ireland, the applicant shall file with the request a copy of the order of the court granting such leave.]
- (5) The chief clerk shall seal the two copies of the process and the translations (if any), and shall forward them and the request to the Lord Chancellor.
- (6) An official certificate or declaration upon oath or otherwise of the judicial authority, central authority or government of the country of service or of the British consular authority in that country transmitted by the Lord Chancellor to the chief clerk of the county court, shall be received as evidence of the facts certified or declared with regard to the service or attempted service of the process.
- (7) Where the process has been served through the court in accordance with the law of the country of service, the service shall be deemed to be good service.
- (8) Where it appears from the certificate or declaration that the process has been duly served upon the respondent, the certificate or declaration shall be an equivalent substitute for any affidavit or certificate of service required by these Rules.
- (9) Where, pursuant to an order for substituted service, a document is required to be transmitted through the court to the country of service, the provisions of this Rule shall apply with the necessary modifications.
Proof of service
10
Where the respondent does not indicate that he intends to defend the proceedings the applicant shall, before proceeding, file an affidavit or official certificate or declaration showing that the process has been duly served.
Setting aside the service
11
The respondent may apply, on notice, to the court to set aside the service of the process, or to discharge the order giving leave to serve the process, out of the jurisdiction.
Costs
12
Order 55 Rule 19 (which provides for reduced or no costs in certain proceedings before [68 the judge] or the [69 district judge] shall not apply to proceedings in which a process has been served out of Northern Ireland in accordance with this Order.]
Defence in action of trespass, etc.
Tender and payment into court
Set-off and counterclaim
Counterclaim against person other than plaintiff
Set-off and counterclaim in proceedings by and against the Crown
Costs
[ Entry of civil bills for hearing
Notice of intention to defend
Lodging of certificate of readiness
Documents to be delivered to the chief clerk
Applications for dismisses
Entry on record of solicitor for plaintiff and defendant
Claimants having adverse title, etc.
[ Notice of intention to defend
2A
- (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
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