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County Court Rules (Northern Ireland) 1981

Type Ni-Statutory-Rule

Publication 1981-01-01

Last updated 2025-11-26

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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(6) Where an application under this rule is determined the chief clerk shall serve notice in Form 395 of the effect of the determination on all the parties.

Application for amendment of orders and revocation of directions

12

(1) An application

(a) under Article 52 of the 1987 Order for the amendment of a parental order or for the revocation of a direction for the marking of an entry in the Register of Births or the Parental Order Register, to the Registrar General; or

(b) under Rule 10(5) for the supply of a copy of, or information relating to, a parental order; or

(c) under Article 50(3) of the 1987 Order for an order for the furnishing of information contained in the books kept by the Registrar General under Article 50(1)(c);

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

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

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

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

Service and filing of documents

13

(1) Any document or copy thereof required to be served or sent under the 1987 Order or under this Order may be served personally on the person to be served or sent by registered post or by the recorded delivery service in an envelope addressed to the person to be served at his place of residence or, in the case of service on a Board, HSC Trust or other body, addressed to it at its official address or by delivering it personally to the secretary, clerk or other responsible officer of the authority or body at its office.

(2) Proof of service of documents under the 1987 Order as applied with modifications by the Parental Orders Regulations or under this Order shall be by affidavit.

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

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

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

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

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

Costs

14

On the determination of proceedings to which this Order applies [[^f00418] the judge] may make such an order as to the costs as he thinks just and, in particular, may order the petitioners to pay—

(a) the expenses incurred by the guardian ad litem;

(b) the expenses incurred by any respondent attending the hearing or such part of those expenses as the judge thinks proper.

Custody, inspection and disclosure of documents and information

15

(1) All documents relating to proceedings for a parental order shall, while they, are in the custody of the court, be kept in a place of special security.

(2) A party who is an individual and is referred to in a confidential report supplied to the court by a guardian ad litem may inspect, for the purpose of the hearing, that part of any such report which refers to him, subject to any directions given by the court that—

(a) no part of the report shall be revealed to that party; or

(b) the part of the report referring to that party shall be revealed only to that party’s legal advisers; or

(3) Any person who obtains any information in the course of, or relating to, proceedings for a parental order shall treat that information as confidential and shall only disclose it if—

(a) the disclosure is necessary for the proper exercise of his duties; or

(b) the information is requested—

(i) by a court (whether in Northern Ireland or not) having power to determine proceedings for a parental order and related matters, for the purpose of the discharge of its duties in that behalf; or

(ii) by a person who is authorised in writing by the Department to obtain the information for the purposes of research.

(4) Save as required or authorised by a provision of any enactment or of this Order or with the leave of the court, no document or order held by or lodged with the court in relation to proceedings for a parental order shall be open to inspection by any person, and no copy of any such document or order, or of an extract from any such document or order, shall be taken by or issued to any person.]

Interpretation

Stay of pending custody proceedings

Notification of registration under section 16

Application for copy court order

Application for declaration under section 23(2)

[ PART II — FAMILY LAW ACT 1986

Interpretation

6

In this Part of this Order, unless the context otherwise requires,—

“the Act” means, the Family Law Act 1986[^f00424];

“the appropriate court” means, in relation to England and Wales, the High Court and, in relation to Scotland, the Court of Session [[^f00425] and in relation to a specified dependent territory, the corresponding court in that territory;]

[[^f00426] “the appropriate officer” means, in relation to the High Court in England and Wales, the Secretary of the Principal Registry of the Family Division; in relation to the-Court of Session, the Deputy Principal Clerk of Session; and in relation to the appropriate court in a specified dependent territory, the corresponding officer of that court;]

“custody order” means a custody(; order within the meaning of any of sections 1, 32, 40 and 42(5) and (6) of the Act;

[[^f00427] . . .]

“register” means the register kept for the purposes of the Act;

“registration” means registration under Part I of the Act, and registered shall be construed accordingly.

[[^f00426] “specified dependent territory” means a dependent territory specified in column 1 of Schedule 1 to the Family Law Act 1986 (Dependent Territories) Order 1991[^f00428].]

Application for Recognition and Enforcement of Custody Orders

7

(1) An application under section 27 of the Act for the registration of a custody order made by a county court shall be made by filing in the office of that court a certified copy of the order, together with a certified copy of any order which has varied any of the terms of the original order and an affidavit by the applicant, and a copy thereof, which shall state—

(a) the name and address of the applicant and his interest under the order;

(b) the name and date of birth of the child in respect of whom the order was made, his whereabouts or suspected whereabouts and the name of the person with whom he is alleged to be;

(c) the name and address of any other person who is known to the applicant to have an interest under the order and whether it has been served on him;

(d) whether the order is to be registered in England and Wales or Scotland [[^f00429] or a specified dependent territory or (stating which) in more than one of these;]

(e) that, to the best of the applicant’s information and belief, the order is in force;

(f) whether, and if so where, the order is already registered; and

(g) details of any order known to the applicant which affects the child and is in force in the jurisdiction in which the custody order is to be registered,

and there shall be exhibited to the affidavit any document relevant to the application.

(2) Where the documents referred to in paragraph (1) are to be sent to the appropriate court, the chief clerk shall—

(a) retain the affidavit in the records of the court and send the copy thereof and the other documents to [[^f00429] the appropriate officer] indicating, where the order relates to more than one child, with respect to which child or children it is to be registered, and

(b) record the fact of transmission in the records of the court.

(3) On receipt of the notice of the registration of a custody order in the appropriate court the chief clerk shall note the fact of registration in the records of the court.

Refusal to Register

8

(1) If it appears to the chief clerk that the custody order is no longer in force with respect to a child or more than one child or that a child or more than one child has attained the age of 16, he shall refuse to send the documents referred to in Rule 7(1) to the appropriate court or shall indicate thereon with respect to which child or children the order is not to be registered, and shall within 14 days give notice to the applicant of his refusal or indication and the reason for it.

(2) If the chief clerk refuses to send the documents to the appropriate court, the applicant may apply to [[^f00430] the judge] in chambers for an order that the documents be sent to the appropriate court, or that they be sent with respect to a particular child or children.

Revocation or variation of registered order

9

(1) Where a custody order which is registered in the appropriate court is revoked or varied by a county court, the chief clerk of the court making the subsequent order shall—

(a) send a copy of the subsequent order to [[^f00429] the appropriate officer] and to the court which made the custody order, if that court is different from the court making the subsequent order, for filing by that court;

(b) record the fact of transmission in the records of the court, and

(2) On receipt of notice from the appropriate court of the amendment of its register, the chief clerk of the court which made the custody order and of the court which made the subsequent order if different shall each record the fact of amendment.

Other proceedings

10

A party to proceedings in a county court for or relating to a custody order who knows of other proceedings (including proceedings out of the jurisdiction and concluded proceedings) which relate, to the child concerned shall file an affidavit which shall state—

(a) in which jurisdiction and court the other proceedings were instituted;

(b) the nature and current state of such proceedings and the relief claimed or granted;

(d) if applicable, and if known, the reasons why the relief claimed in the proceedings for or relating to the custody order was not claimed in the other proceedings.

Stay of proceedings

11

(1) Where under section 22(2) of the Act a county court stays proceedings on an application for a custody order it shall cause notice of the stay to be given to the parties to the proceedings.

(2) Where under section 22(3) of the Act a county court removes a stay granted in accordance with section 22(2) it shall cause notice of the removal of the stay to be given to the parties to the proceedings and shall proceed to deal with the application accordingly.]

[ PART III — REGISTRATION OF MAINTENANCE ORDERS UNDER PART II OF THE MAINTENANCE AND AFFILIATION ORDERS ACT (NORTHERN IRELAND) 1966

Interpretation

12

In this Part—

“the Act” means the Maintenance and Affiliation Orders Act (Northern Ireland) 1966[^f00432];

“maintenance order” has the meaning assigned to it by section 10(2) of the Act.

Application for registration

13

(1) An application under section 11 of the Act for the registration in a court of summary jurisdiction of a maintenance order made by a county court may be made—

(a) on the making of the maintenance order or an order varying the maintenance order; or

(b) at any other time by lodging with the chief clerk a certified copy of the maintenance order and an affidavit by the applicant, together with a copy thereof, stating—

(i) the address and occupation of the person liable to make payments under the maintenance order;

(ii) the reason why registration of the maintenance order in a court of summary jurisdiction is desired.

(iii) the amount of any arrears due to the applicant under the maintenance order, the date to which those arrears have been calculated and the date on which the next payment falls due;

(iv) the date of birth of each child (if any) named in the maintenance order;

(v) that the maintenance order is not already registered under the Act; and

(vi) whether any proceedings are pending for the enforcement of the maintenance order.

(2) The chief clerk on receipt of the certified copy of a maintenance order and accompanying affidavit shall refer the application to [[^f00433] the judge] in chambers.

(3) Where the application is granted on the making of the maintenance order or an order varying the maintenance order the applicant shall lodge a statement signed by the applicant or his solicitor, and a copy thereof, giving the address of the person entitled to receive payments under the maintenance order and the particulars mentioned in paragraph (1)(b)(i), (iii) and (iv).

(4) The period required to be prescribed for the purpose of section 11(2) of the Act shall be 14 days.

(5) The chief clerk shall send the certified copy of the maintenance order, as required by the said section 11(2), to the clerk of petty sessions ... indorsed with a note that the application for registration of the maintenance order has been granted and to be accompanied by a copy of the affidavit or statement lodged under paragraph (1) or (3), as the case may be.

(6) On receipt of notice that a maintenance order made by a county court has been registered in a court of summary jurisdiction in accordance with section 11(5) of the Act the chief clerk shall enter particulars of the registration in the court minutes.

Variation or discharge of registered order

14

(1) Where a county court makes an order varying or discharging a maintenance order registered in a court of summary jurisdiction under Part II of the Act, the chief clerk shall send a certified copy of the first-mentioned order to the clerk of petty sessions concerned.

(2) Where a certified copy of an order varying a maintenance order made by a county court and registered in a court of summary jurisdiction under Part II of the Act is received from the clerk of petty sessions, the chief clerk shall file the copy and enter particulars of the variation in the court minutes.

Cancellation of registration

15

On receipt of notice from a clerk of petty sessions that the registration in a court of summary jurisdiction under Part II of the Act of a maintenance order made by a county court has been cancelled, the chief clerk shall enter particulars of the cancellation in the court minutes.]

PART I — ROAD TRAFFIC (NORTHERN IRELAND) ORDER 1981

Notice to insurer

1

The notice of proceedings to be given by a claimant to an insurer (or the giver of a security) under Article 98 of the Road Traffic (Northern Ireland) Order 1981[^f00435] shall be in Form 292, with such variations as the circumstances may require.

[ PART II — MENTAL HEALTH (NORTHERN IRELAND) ORDER 1986

Interpretation

3

In this Part—

(a) an Article referred to by number means the Article so numbered in the Mental Health (Northern Ireland) Order 1986[^f00439] and expressions which are defined in that Order have the same meaning as they have in that Order;

(b) “the Order” means the Mental Health (Northern Ireland) Order 1986;

(c) “place of residence” means, in relation to a patient who is receiving treatment as an in-patient in a hospital or other institution, that hospital or institution.

Where proceedings may be commenced

4

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

Notice of application under Part II of the Order

5

(1) Notice of application under Part II of the Order shall be given in Form 299, 301 or 303, as the case may be.

(2) The Notice shall be served on the chief clerk and the respondent not less than [[^f00440] 28 days before the date fixed for the hearing] or within such other period as [[^f00441] the judge] may direct.

[[^f00442] . . .]

(4) Where an application is made under Part II of the Order by a person other than an officer of the responsible Board and the Board is not otherwise a respondent to that application, notice of the application shall be served on the Board in accordance with paragraph (2).

Respondents to applications under Part II of the Order

6

(1) Where an application is made under Article 25(3) (to transfer guardianship to the responsible Board or to some other person) the person having guardianship of the patient shall be the respondent.

(2) Where an application is made under Article 36 (appointment by county court of acting nearest relative) the nearest relative of the patient shall be the respondent unless the application is made on the ground specified in paragraph (3)(a) of Article 36 or the court otherwise directs.

(3) Where an application is made under Article 37 (discharge and variation of orders under Article 36) the respondent shall be—

(a) in the circumstances specified in paragraph (1)(a), (2) or (3) of Article 37, the person who was the respondent to the original application under Article 36;

(b) in the circumstances specified in paragraph (1)(b) of Article 37, the person having the functions of the nearest relative of the patient by virtue of the order under Article 36.

(4) Without prejudice to paragraphs (1) to (3), the court may direct that any other person, not being the patient, shall be made a respondent to an application under Part II of the Order.

Evidence

7

(1) On the hearing of an application under Part II of the Order the court may accept as prima facie evidence of the facts stated therein any report made by a medical practitioner and any report made in the course of his official duties by—

(a) a probation officer; or

(b) an approved social worker.

(2) The respondent shall be informed of the substance of any part of the report bearing on his fitness or conduct which [[^f00443] the judge] considers to be material to the manner in which the application should be dealt with.

Sitting in chambers

8

Unless [[^f00443] the judge] directs otherwise, an application under Part II of the Order shall be heard and determined in chambers.

Power to interview the patient

9

(1) For the purpose of determining an application under Part II of the Order the judge may interview the patient either in the presence of or separately from the parties and either at the court or elsewhere.

(2) [[^f00443] The judge] may direct the [[^f00444] district judge] to interview the patient as provided for by paragraph (1) and report to [[^f00443] the judge] in writing.]

[ PART III — SOLICITORS (NORTHERN IRELAND) ORDER 1976

Interpretation

10

In this Part—

“the Order” means the Solicitors (Northern Ireland) Order 1976.

Application in respect of contentious business agreement

11

(1) An application to the court under Part V of the Order in respect of a contentious business agreement shall be made by notice in Form 314.

(2) An application to the [[^f00444] district judge] under Part V of the Order in respect of a contentious business agreement shall be made by notice in Form 315.

(3) The notice under paragraph (1) or (2) shall be served on the respondent and a copy thereof on the chief clerk together with a copy of the contentious business agreement to which the application relates, not less than [[^f00446] 28 days before the date fixed for the hearing].

[[^f00447] . . .]

(5) Unless otherwise directed, the application shall be heard and determined in chambers.

(6) An order or determination of the court pursuant to an application made under paragraph (1), or where an application was made under paragraph (2) and the [[^f00444] district judge] has required the opinion of the court, shall be in Form 316.

Application for order for taxation under Article 71F of the Order

12

(1) An application to the court under Article 71F(1) of the Order shall be made by notice in Form 317 and an order upon such application shall be in Form 318.

(2) An application to the [[^f00444] district judge] for an order under Article 71F(2) shall be made by notice in Form 319 and an order upon such application shall be in Form 320.

(3) The notice under paragraph (1) or (2) shall be served on the respondent and a copy thereof on the chief clerk together with a copy, if available, of the bill of costs to which the application relates, not less than [[^f00448] 28 days before the date fixed for the hearing].

[[^f00449] . . .]

(5) Unless otherwise directed, the application shall be heard and determined in chambers.

PART IV — COPYRIGHT, DESIGNS AND PATENTS ACT 1988: FORFEITURE ORDERS

Application for forfeiture orders under the Copyright, Designs and Patents Act 1988

13

(1) [[^f00450] An application under section 114, 204, or 231 of the Copyright, Designs and Patents Act 1988 (c.48) or an application under section 97 of the Trade Marks Act 1994 (c. 26) shall be made by Notice in Form 323.]

(2) The applicant shall serve notice of the application on all persons, so far as reasonably ascertainable, having an interest in the copy or other article which is the subject of the application, including any person in whose favour an order could be made in respect of the copy or other article under any of the said sections of the Act of 1988 or [[^f00450] under section 97 of the Trade Marks Act 1994], not less than [[^f00448] 28 days before the date fixed for the hearing].

(3) The applicant shall file a copy of the Notice of Application in the Office not less than [[^f00448] 28 days before the date fixed for the hearing].

[[^f00449] . . .]

(4) [^f00451]Where [[^f00452] the judge] makes an order for delivery up, forfeiture or destruction of infringing goods or articles designed or adapted to make such goods the defendant shall pay the costs of complying with the order unless [[^f00452] the judge] orders otherwise.

(5) Without prejudice to any other provisions of these Rules, [[^f00452] the judge] may, where he finds that an intellectual property right has been infringed, order appropriate measures for the dissemination and publication of the judgment to be made at the expense of the defendant.]

[ PART V — ACCESS TO HEALTH RECORDS (NORTHERN IRELAND) ORDER 1993

Interpretation

14

In this Part:

“the Order” means the Access to Health Records (Northern Ireland) Order 1993[^f00454];

“the Regulations” means the Access to Health Records (Steps to Secure Compliance and Complaints Procedures) Regulations (Northern Ireland) 1994[^f00455];

“the holder of the health record” has the same meaning as in the Order;

“Health professional” has the same meaning as in the Order;

“complaint” means a complaint made in accordance with the Regulations;

“date of complaint” has the same meaning as in the Regulations;

“the report” means a report made in accordance with the Regulations in response to a complaint.

Application under Article 10 of the Order

15

(1) An application under Article 10 of the Order may be made by notice of application in Form 396 ...

(2) An application under the said Article 10 may be brought:

(a) where the applicant has received a report in accordance with regulation 5 of the Regulations, within one year of the date of the report;

(b) where the applicant has not received such a report, within 18 months of the date of the complaint.

(3) An affidavit shall be lodged in support of the notice of application setting out the steps taken in accordance with the Regulations to secure compliance with any requirement of the Order, and there shall be exhibited to the affidavit:

(a) a copy of the application under Article 5 or Article 8 of the Order as appropriate;

(b) a copy of the complaint made in accordance with the Regulations;

(4) A copy of the said affidavit shall be served on the defendant with the notice of application.]

[ PART VI — PROTECTION FROM HARASSMENT (NORTHERN IRELAND) ORDER 1997

Interpretation

16

In this Part “the Order” means the Protection from Harassment (Northern Ireland) Order 1997[^f00457].

Division where proceedings may be commenced

17

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

Warrants of arrest

18

An application for the issue of a warrant for the arrest of the defendant under Article 5(3) of the Order shall—

(a) state that it is an application for the issue of a warrant for the arrest of the defendant;

(b) set out the grounds for making the application and be supported by an affidavit or evidence on oath;

(c) state whether the plaintiff has informed the police of the defendant’s conduct on which the application is grounded; and

(d) state whether, to the plaintiff ‘s knowledge, criminal proceedings are being pursued.

Form of warrant

19

A warrant of arrest issued in accordance with Article 5(3) of the Order shall be in Form 265A.

Proceedings

20

The court before whom a person is brought following his arrest may—

(a) determine whether the facts and the circumstances which led to the arrest amounted to disobedience of the injunction, or

(b) adjourn the proceedings and, where such an order is made, the arrested person shall be released and—

(i) may be dealt with within 14 days of the day on which he was arrested; and

(ii) be given not less than 2 days’ notice of the adjourned hearing.

Saving

21

This Part shall apply to injunctions granted on or after the date of the commencement of this Part and injunctions granted before that date shall be treated as if this Part had not come into operation.]

[ PART VII — THE HUMAN RIGHTS ACT 1998

Interpretation

22

In this Part—

“the Act” means the Human Rights Act 1998[^f00459];

“appropriate person” has the same meaning as in Section 9(5) of the Act;

“Convention rights” has the same meaning as in section 1 of the Act”;

“judicial act” has the same meaning as in section 9(5) of the Act;

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

“public authority” has the same meaning as in section 6(3) of the Act.

Commencement of proceedings

23

(1) Subject to paragraph (2), proceedings under section 7(1)(a) of the Act may be brought in a county court in accordance with such provisions as relate to the action or other type of proceeding which it is sought to bring.

(2) Proceedings under section 7(1)(a) of the Act in respect of a judicial act may be brought in a county court only by exercising a right of appeal.

Proceedings

24

(1) A party who intends to rely on a Convention right or rights in proceedings before a county court shall state that fact and shall specify such details as are referred to in paragraph (3)—

(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 397.

(2) A notice in Form 397 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.

(3) The following shall be specified in accordance with paragraph (1)—

(a) details of the Convention right or rights which it is alleged have been (or would be) infringed and details of the alleged infringement;

(b) the relief sought;

(c) whether the relief sought includes a claim for damages in respect of a judicial act to which section 9(3) of the Act applies;

(d) where the proceedings are brought following a finding by another court or tribunal that a public authority has acted in a way which is made unlawful by section 6(1) of the Act, details of that finding;

(e) where the proceedings relate to a judicial act which is alleged to have infringed a Convention right or rights of a party as provided by section 9 of the Act, details of the judicial act complained of and of the court or tribunal which is alleged to have performed that act.

(4) Paragraph (1) shall not apply to an appellant in any appeal brought to a county court except where such an appellant intends to rely on a Convention right or rights not relied upon by him before the court or tribunal from whose decision the appeal is brought.

Proceedings in respect of judicial act: Notice to appropriate person

25

(1) Where proceedings under section 7(1)(a) of the Act in respect of a judicial act are brought in a county court in accordance with section 9(1)(a) of the Act, the Court shall give notice of those proceedings in Form 398 to the appropriate person.

(2) The notice referred to in paragraph (1) shall be given by the Court having had regard to the list of authorised Northern Ireland Departments or authorised Departments of the Government of the United Kingdom published in pursuance of section 17 of the Crown Proceedings Act 1947[^f00460].

Proceedings in respect of a judicial act: joinder of appropriate person

26

(1) Subject to paragraph (3), where notice has been given under Rule 25, the appropriate person shall be joined as a party on giving notice in accordance with paragraph (2).

(2) The notice referred to in paragraph (1) shall be in Form 399 and—

(a) shall be lodged with the chief clerk not later than 21 days, or such other period as the Court may specify, after the date of service of notice under Rule 25;

(b) a copy shall be served on each of the parties to the proceedings as soon as practicable thereafter; and

(c) where a Minister has nominated a person or a government department under section 9(5) of the Human Rights Act 1998, shall be accompanied by a copy of that nomination in writing.

(3) Where the appropriate person does not give notice within the time allowed by paragraph (2), the Court may direct that the appropriate person be joined as a party to the proceedings.

(4) Where the appropriate person is joined as a party to the proceedings under paragraphs (2) or (3), the Court may give such directions as it considers necessary for the future conduct of the proceedings.]

[ PART IX — EXTRADITION ACT 2003

Interpretation

27

In this Part—

(a) “the Act” means the Extradition Act 2003;

(b) a section referred to by number means the section so numbered in the Act; and

Application for live link direction

28

(1) An application for a live link direction under section 206A of the Act shall be made by giving notice in Form 400.

(2) An application under paragraph (1) shall be made not less than 7 days before the day fixed for the hearing to which the application relates.

(3) The applicant shall serve a copy of the notice under paragraph (1) on—

(a) the chief clerk, and

(b) every other party to the proceedings.

(4) Any party who wishes to oppose the application shall, within 3 days of the date that the notice under paragraph (1) was served on him, notify the applicant and the chief clerk, in writing, of the grounds for the objection.

(5) Except where an objection is received in accordance with paragraph (4), the court may—

(a) determine the application in favour of the applicant without a hearing; or

(b) direct a hearing.

(6) Where a party to the proceedings notifies the chief clerk in accordance with paragraph (4) of his opposition to the application, the chief clerk shall fix a date for the hearing of the application.

(7) Where a hearing is to take place in accordance with paragraphs (5) or (6), the chief clerk shall notify each party to the proceedings of the time and place of hearing.

(8) A party notified in accordance with paragraph (7) may be present at the hearing and may make representations in respect of the application.

(9) The chief clerk shall, as soon as reasonably practicable after the determination of an application under paragraph (1), notify all the parties of the decision in Form 401.

(10) The court may if it considers it is in the interest of justice to do so, allow an application required under this rule to be given in a different form, or orally.

Application for rescission of a direction

29

(1) An application under section 206B of the Act to rescind a live link shall be made in writing and shall give reasons why the direction should be rescinded.

(2) An application under paragraph (1) shall be served on the chief clerk and on each party to the proceedings as soon as reasonably practicable.

(3) Paragraphs (4) to (10) of rule 28 shall apply to an application to rescind a live link direction as they apply to an application for a live link direction.]

PART I — INTERPRETATION

Interpretation

1

In this Order “the Order” means the Matrimonial and Family Proceedings (Northern Ireland) Order 1989.

[ . . .]

PART III — DECLARATIONS AS TO ADOPTIONS EFFECTED OVERSEAS

Commencement of Proceedings

4

(1) An application under Article 33 of the Order for a declaration as to an adoption effected overseas shall be commenced by petition in Form 309.

(2) There shall be attached to the petition a copy of the petitioner’s birth certificate (if it is available, this should be the certificate made after the adoption referred to in the petition) and a certified copy of the adoption order effected under the law of any country outside the United Kingdom, the Channel Islands and the Isle of Man.

(3) Where a document produced by virtue of paragraph (2) is not in English it shall be accompanied by a translation certified by a notary public or authenticated by affidavit.

5

The following persons shall, if alive, be respondents to the application—

(a) those whom the petitioner claims are his adoptive parents for the purposes of Article 40 of the Adoption (Northern Ireland) Order 1987[^f00465];

(b) those whom the petitioner claims are not his adoptive parents for the purpose of that Article.

PART IV — GENERAL PROVISIONS

Application

6

The provisions of this Part apply to all proceedings whether commenced under [[^f00466] . . .] Part III.

Affidavit in support of petition

7

(1) The petition shall be supported by an affidavit by the petitioner giving particulars of every person whose interest may be effected by the proceedings and his relationship to the petitioner.

Provided that if the petitioner is under the age of 18 the affidavit shall be made by his next friend.

Notice of the petition to be given to the Attorney-General

8

(1) A copy of the petition and every document accompanying it shall be given by the petitioner to the Crown Solicitor, on behalf of the Attorney-General at least one month before the petition is filed and it shall not be necessary thereafter to serve these documents upon him.

(2) On the petition being filed in accordance with Rule 9, notice of filing shall be given by the petitioner to the Crown Solicitor on behalf of the Attorney-General, who shall notify the chief clerk in writing within fourteen days of such notice if he intends to intervene in the proceedings.

(3) The Attorney-General, in deciding whether it is necessary or expedient to intervene in the proceedings, may have a search made for and may inspect a copy of any document filed or lodged in the court which relates to any other matrimonial proceedings referred to in the proceedings.

Filing of Petition

9

The petition and accompanying documents shall be submitted to the chief clerk together with copies for service and a copy for the use of the court, and he shall issue the petition by indorsing on it a notice in Form 310 and shall file the original and return the copies for service.

Service of Petition

10

Not less than twenty-eight days before the date fixed for hearing the petitioner shall serve every respondent other than the Attorney-General with a copy of the petition.

Objections

11

A respondent wishing to object to the making of the declaration sought shall, within the time limit specified in Form 310, serve notice or objection in Form 311 on the chief clerk and a copy on every other party to the proceedings, including the Crown Solicitor on behalf of the Attorney-General.

Reply by Attorney-General

12

Where the Attorney-General has given the chief clerk notice of intention to intervene in the proceedings he shall, at least ten days before the dated fixed for hearing, file a summary of his argument in the court office and shall deliver a copy thereof to all other parties to the proceedings.

Form of declaration

13

[[^f00467] . . .]

(2) Declarations made in accordance with Article 33 of the Order shall be in Form 313.]

PART I — INTERPRETATION

Interpretation

1

(1) In this Order—

“the 1977 Order” means the Criminal Damage (Compensation) (Northern Ireland) Order 1977[^f00469]);

“the 1988 Order” means the Criminal Injuries (Compensation) (Northern Ireland) Order 1988[^f00470];

“the 1978 Act” means the Northern Ireland (Emergency Provisions) Act 1978[^f00471];

“the 1991 Act” means the Northern Ireland (Emergency Provisions) Act 1991[^f00472].

(2) Without prejudice to section 24 of the Interpretation Act (Northern Ireland) 1954[^f00473], service of any document under this Order may be by registered post or by the first class postal recorded delivery service and, in either case, using the advice of delivery form.

(3) In the application of this Order to an application for compensation under the 1977 Order a reference to a determination includes a reference to a decision or order.

(4) For the purposes of appeals under the 1978 Act:

(a) references in this Order and in Forms 373 to 386 to section 63, section 63(2), section 63(3) and section 63(4) of the 1991 Act shall be construed as references to section 28, section 28(2), section 28(4) and section 28(5) of the 1978 Act respectively; and

(b) a reference in the Forms to any other provision of the 1991 Act shall be construed as a reference to the corresponding provision in the 1978 Act.

PART II — APPEALS TO THE COUNTY COURT

Lodging of certain appeals to the county court

2

(1) This rule shall apply to an appeal to the county court under—

(a) Article 15 of the 1977 Order;

(b) Article 16 of the 1988 Order;

(c) section 28(4) or (5) of the 1978 Act and for the purposes of appeals under the 1978 Act references in this Order and in Forms 373 to 386 to section 63(3) of the 1991 Act shall be construed as references to section 28(4) of the 1978 Act and references to section 63(4) of the 1991 Act shall be construed as references to section 28(5) of the 1978 Act;

(d) section 63(3) or (4) of the 1991 Act.

(2) Subject to any directions under Article 4 of the Order, an appeal shall be heard at the ordinary sittings of the county courts ... at such times as the Lord Chancellor may appoint in accordance with Article 6 of the Order.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) An appeal shall be by notice in one of Forms 324 to 327, 347 or 373 to 375 as appropriate and the appellant shall serve a copy on the Secretary of State at the address of the department dealing with the application for compensation.

(5) The appellant shall lodge the appeal by delivering the notice to the chief clerk at his office duly endorsed as to service and attach to it—

(a) any certificate of posting;

(b) a copy of any notice of determination served on the appellant under Article 15(1) of the 1977 Order, Article 12(1) or (2) of the 1988 Order or section 63(3) or (4) of the 1991 Act as appropriate endorsed with a certificate as to the date of service of the notice on him;

(c) a copy of any written notice of intention to apply for compensation served on the Secretary of State in accordance with Article 7(1) of the 1977 Order or Article 5(4)(b) of the 1988 Order; and

(d) a copy of any written form of application for compensation made under Article 8 of the 1977 Order, Article 4 of the 1988 Order or section 63(2) of the 1991 Act.

(6) The notice shall state whether the appeal is against the entire determination or only against so much thereof as the appellant disputes and in every case the grounds of appeal.

(7) Nothing in this rule shall prevent the court from considering other items specified in the determination or from considering grounds of appeal not referred to in the notice.

(8) The appellant shall request the chief clerk to enter the appeal for hearing by delivering to the chief clerk at his office a certificate of readiness in Form 346 and the appellant shall serve a copy on the Secretary of State at the address of the department dealing with the application for compensation.

(9) Upon receipt of a certificate of readiness the chief clerk shall enter the appeal for hearing [[^f00474] . . .], and shall cause notice of such hearing to be given to the parties.

(10) Without prejudice to paragraph (7), the chief clerk may enter an appeal for hearing and shall cause notice of such hearing to be given to the parties notwithstanding that a certificate of readiness has not been delivered by the appellant.

(11) A certificate for the purposes of section 25 of the Crown Proceedings Act 1947[^f00475] of an order allowing an appeal under Article 15 of the 1977 Order, Article 16 of the 1988 Order or section 63 of the 1991 Act shall be in one of Forms 328 to 331, 348 or 376 to 377 as appropriate and an order dismissing such appeal shall be in one of Forms 332 to 334, 349 or 378 to 381 as appropriate.

Payment into court

3

(1) This rule shall apply to a payment into court made by virtue of—

(a) Article 15(3) of the 1977 Order; or

(b) Article 16(3) of the 1988 Order; or

(2) The Secretary of State may make a payment into court in accordance with this rule in respect of a claim to compensation made under section 63 of the 1991 Act.

(3) Payment into court by the Secretary of State may be made at any lime within 21 days from service of the copy of the notice of appeal upon him by lodging in court—

(a) such sum of money as the Secretary of State thinks sufficient to satisfy so much of the appellant’s claim to compensation under Article 3 of the 1977 Order, Article 3 of the 1988 Order or section 63 of the 1991 Act as is in dispute and hence the subject of the appeal;

(b) such sum of money as the Secretary of State thinks sufficient in respect of the costs and expenses incurred by the appellant in making out and verifying his claim to compensation;

(c) a written undertaking to pay to the appellant any costs or expenses reasonably incurred by him between the date on which the Secretary of State served on him his determination and the date of lodgment.

(4) Notice to the appellant in Form 335, 350 or 382 as appropriate of payment into court by the Secretary of State shall be given at the time of such lodgment.

(5) Money shall be paid into court by lodging it in the County Court Bank to the credit of the Criminal Injuries Account in accordance with Order 45 Part I, and where any money is lodged a copy of the notice sent to the appellant under paragraph (4) shall be lodged with the chief clerk and a copy shall also be lodged with the bank, such last-mentioned copy being headed with the additional words “Criminal Injuries Account”.

(6) Money paid into court shall remain in court subject to further order unless the appellant elects to take it out as provided by this rule.

(7) The appellant may, either before the expiration of a period of 21 days commencing on the date of service upon him of the notice in Form 335, 350 or 382 as appropriate or before the commencement of the sittings at which the appeal is to be heard, whichever first occurs, or subsequently with the consent of the Secretary of State, sign and serve on the Secretary of State and lodge with the chief clerk a notice in Form 336, 351 or 383 as appropriate accepting the amount in satisfaction of his claim.

(8) Subject to paragraph (11), where the money is accepted by the appellant under paragraph (7) all further proceedings in the appeal by the appellant shall be stayed and the money paid into court shall be paid out to the appellant without the necessity of any decree or order of the court and the Secretary of State shall not be liable to any further costs other than those payable under the undertaking referred to in paragraph (3)(c).

(9) Where the costs and expenses referred to in paragraph (3)(c) are not agreed between the Secretary of State and the appellant, they shall be settled by the district judge subject to an appeal to [[^f00476] the judge], notice of which appeal shall be served on the Secretary of State and the district judge not more than 2 days after the costs are so settled.

(10) The Secretary of State shall, within 14 days from the day on which the parties agree on the sum due under the undertaking referred to in paragraph (3)(c) or on which the sum is settled by the district judge or, as the case may be, determined by [[^f00476] the judge], pay that sum to the appellant.

(11) Where notice of acceptance under paragraph (7) is served by, or on behalf of, an appellant under a legal disability—

(a) the money paid into court shall not be paid out without an order of [[^f00476] the judge];

(b) a notice of intention to apply to [[^f00476] the judge] for approval of such acceptance shall also be served on the Secretary of State and lodged in the office of the chief clerk;

(c) the application to [[^f00476] the judge] shall be made at the time the appeal would, if no notice of acceptance had been served, have been heard by [[^f00476] the judge]; and

(d) the appellant shall be entitled to his costs of the application unless [[^f00476] the judge] otherwise directs.

(12) An order approving acceptance by a person under a disability in satisfaction of a sum lodged by the Secretary of State shall be in Form 337, 352 or 384 as appropriate.

Costs where payment into court by Secretary of State not accepted

4

(1) Where money has been paid into court by the Secretary of State in accordance with this Order and the appellant does not serve notice of acceptance in accordance with Rule 3(7) and does not on appeal obtain an order for the recovery, in relation to such items in the decision or determination of the Secretary of State as are the subject of the appeal, of an amount of compensation or, where appropriate, any sum payable in respect of the amount payable in accordance with rule 3(3)(b) greater than the amount paid into court, then, where the appellant is not under a legal disability, he shall not be entitled to any costs against the Secretary of State and shall be liable for the costs of the Secretary of State in such amount as the court may determine.

(2) Where the Secretary of State becomes entitled to costs under this rule such costs shall be paid to him out of the money paid into court before any payment out of the said money is made to the appellant.

Payment into court not to be communicated to [ the judge]

5

Where money has been paid into court in accordance with this Order that fact shall not be communicated to [[^f00476] the judge] before the determination of the appeal.

Form of order where notice of acceptance not served

6

Where money has been paid into court by the Secretary of’ State and the appellant does not serve notice of acceptance in accordance with Rule 3(7), an order made on the appeal shall be in one of Forms 328, 338, 339, 353, 354, 355, 385 or 386 as appropriate.

Lodgment and payment out

7

All monies paid into the Criminal Injuries Account in the County Court Bank to be paid out under this Order shall be paid out by cheque signed by the chief clerk and drawn on the said account.

Applications to the court for an order directing offender to reimburse to the Secretary of State whole or part of compensation paid under the 1977 Order or the 1988 Order

8

(1) An application by the Secretary of State for an order of reimbursement under Article 16 of the 1977 Order or Article 17 of the 1988 Order may be made by notice in Form 340 or 364 as appropriate at any time after the conviction of the offender ....

(2) Except as provided by paragraph (4), such notice shall be served on the offender and a copy on the chief clerk not less than 15 days before the day appointed for the commencement of the sitting at which the application is to be heard.

(3) Upon receipt of such copy the chief clerk shall enter the application for hearing.

(4) Where on appeal to a county court an offender’s conviction of an offence to which a criminal injury or criminal damage to property is directly attributable is affirmed, an application under Article 16(1) of the 1977 Order or Article 17(1) of the 1988 Order for the reimbursement of compensation may be made by the Secretary of State at the time of its affirmation, by furnishing the offender forthwith with a copy of the application made to the court.

(5) An order for reimbursement under Article 16(1) of the 1977 Order shall be in Form 341 and an order for reimbursement under Article 17(1) of the 1988 Order shall be in Form 365.

Applications to vary orders for reimbursement

9

(1) An application under Article 16(4) of the 1977 Order or Article 17(4) of the 1988 Order by the Secretary of State or by an offender for the variation of an order for reimbursement shall be in Form 342 or 366 as appropriate and such application shall be served on the respondent and a copy served on the chief clerk within the same period as is specified in Rule 8(2) and shall be entered for hearing in the same manner as is provided by Rule 8(3).

(2) An order under Article 16(4) of the 1977 Order or Article 17(4) of the 1988 Order shall be in Form 343 or 367 as appropriate.

Applications to the court for an order requiring victim to reimburse to the Secretary of State whole or part of compensation

10

(1) An application by the Secretary of State for an order of reimbursement under Article 17(4) of the 1977 Order or Article 18(4) of the 1988 Order may be made by notice in Form 340 or 371 as appropriate ....

(2) Such notice shall be served on the person to whom the compensation has been paid and a copy on the chief clerk not less than 15 days before the day appointed for the commencement of the sitting at which the application is to be heard.

(3) Upon receipt of such copy the chief clerk shall enter the application for hearing.

(4) An order for reimbursement under Article 17(4) of the 1977 Order or Article 18(4) of the 1988 Order shall be in Form 341 or 372 as appropriate.

Application of Order 28 to payment into court under Article 12(3) or 14(1)(ii) of the 1977 Order

11

The provisions of Order 28 (Payment into court by Trustees) shall apply to payment into court under Article 12(3) or Article 14(1)(ii) of the 1977 Order with the following modifications—

(a) in Rule 1(1) the reference to section 63 of the Trustee Act (Northern Ireland) 1958[^f00477] shall be construed as a reference to Article 12(3) or Article 14(1)(ii) of the 1977 Order and Form 132 (Affidavit on Payment into Court under section 63 of the Trustee Act (Northern Ireland) 1958) may be modified as may be necessary;

(b) in Rule 1(5) for the reference to Form 133 there shall be substituted a reference to Form 344; and

Application of Order 28 to payment into court under Article 21(1) of the 1988 Order

12

The provisions of Order 28 (Payment into court by Trustees) shall apply to payment into court under Article 21(1) of the 1988 Order with the following modifications—

(a) in Rule 1(1) the reference to section 63 of the Trustee Act (Northern Ireland) 1958[^f00477] shall be construed as a reference to the said Article 21(1) and Form 132 (Affidavit on Payment into Court under section 63 of the Trustee Act (Northern Ireland) 1958) may be modified as may be necessary;

(b) in Rule 1(5) for the reference to Form 133 there shall be substituted a reference to form 368; and

Application of Order 28 to payment into court by Secretary of State in respect of a claim under the 1991 Act

13

(1) Where compensation is payable under an award by the county court on appeal under section 63(4) of the 1991 Act by the respondent under section 63 of the 1991 Act and—

(i) the respondent receives notice that by virtue of any assignment or operation of law the rights of the appellant have passed to another person;

(ii) the appellant is under a disability or out of the United Kingdom; or

(iii) the address of the person entitled to compensation cannot be ascertained without undue expense or delay,

the respondent may pay the compensation into court.

(2) The provisions of Order 28 shall apply to payment into court under paragraph (1) with the following modifications—

(a) in Rule 1(1) the reference to section 63 of the Trustee Act (Northern Ireland) 1958[^f00478] shall be construed as a reference to paragraph (1) and Form 132 (affidavit on payment into court under section 63 of the Trustee Act (Northern Ireland) 1958) may be modified as necessary;

(b) in Rule 1(5) for the reference to Form 133 there shall be substituted a reference to Form 387; and

Notice of evidence in appeals under the 1988 Order

14

(1) Notice specifying any new matter in respect of which the appellant is to adduce evidence in accordance with Article 16(4)(b) of the 1988 Order shall be in Form 370 and shall be served on the Secretary of State not less than 7 days before the day on which the appeal is to be heard.

(2) Where the Secretary of State intends at the hearing of the appeal to adduce evidence of any matter relevant to Article 5(9) or Article 6(1)(b) of the 1988 Order, such evidence shall not be admitted at the hearing of the appeal unless—

(a) the Secretary of State, not less than 7 days before the day on which the appeal is to be heard, serves on the appellant written notice specifying particulars of that evidence, including a list of any convictions which he intends to adduce in evidence; or

(b) the appellant consents to that evidence being adduced; or

Provided that where the Secretary of State fails to comply with the requirements of sub-paragraph (a) [[^f00479] the judge] may adjourn the appeal in order to allow the required notice to be served on the appellant and any costs occasioned by any such adjournment shall be in the discretion of [[^f00479] the judge].

Applications under Article 14 of the 1988 Order

15

(1) Order 44 shall apply to compensation awarded under the 1988 Order as if the amount determined as payable to the person under a disability by the Secretary of State had been damages agreed to be paid in proceedings in the county court.

(2) An application under Article 14 of the 1988 Order shall be made to the court by which an appeal would have been beard under Rule 2(3)(b) had there been an appeal against the determination.

(3) Notice of application under Article 14 of the 1988 Order shall be in Form 356 and shall—

(a) be served on the Secretary of State; and

(b) be lodged in the office of the chief clerk duly endorsed as to service together with any certificate of posting.

(4) An order approving a determination by the Secretary of State under Article 14(2)(a) of the 1988 Order shall be in Form 357 and an order under Article 14(2)(b) of the 1988 Order shall be in Form 358.

Applications under Article 16(6) or Article 15 of the 1988 Order

16

(1) The provisions of Rule 1 of Order 14 with any necessary modifications shall apply to an application under Article 16(6) of the 1988 Order (applications to extend time for making or serving any report, notice or application referred to in Article 5(4), 5(5)(a) or 11(1)) or under Article 15 of the 1988 Order (applications for declaration as to delay in determining compensation) as if it were an interlocutory application in the course of an action or matter.

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

(3) Notice of an application under Article 16(6) of the 1988 Order shall be in Form 359.

(4) An order made on an application under Article 16(6) of the 1988 Order shall be endorsed on the notice and an order dismissing the application shall be in Form 360.

(5) Notice of an application under Article 15 of the 1988 Order shall be in Form 361 and a declaration under that Article shall be in Form 362 and endorsed on the notice.

(6) An order dismissing an application for a declaration under Article 15 of the 1988 Order shall be in Form 363.

(7) A notice of application to which this rule applies shall be lodged in the office of the chief clerk and a copy thereof shall be served on the solicitor for the Secretary of State.

(8) The notice lodged in the office shall be duly endorsed as to service and accompanied by any certificate of posting.]

ORDER 55 — Costs

Decrees to carry costs

1

A decree granted by a county court shall, except as otherwise provided by any statute or rule, carry such costs as are provided by this Order.

Scales of costs

2

(1) Subject to Rule 7(2), in all actions, suits and matters and other proceedings [[^f00480] . . .] there shall be payable—

(a) to counsel and solicitors, costs according to the scales set out in Appendix 2 and subject to the provisions hereinafter in this Order specified;

(b) to or in respect of witnesses, fees and expenses subject to the provisions hereinafter in rule 6 specified.

(1A) [^f00481]The costs awarded to solicitors and counsel in an appeal—

(a) under Article 15 of the 1977 Order shall be in accordance with Table 3 of Part VII of Appendix 2;

(b) under Article 16 of the 1988 Order shall be in accordance with Table 4 of Part VII of Appendix 2; and

(c) under section 28(5) of the 1978 Act or section 63(4) of the 1991 Act shall be in accordance with Table 5 of Part VII of Appendix 2.]

[[^f00480] . . .]

[ Enhanced costs where solicitor conducts trial or hearing

2A

(1) Where a solicitor conducts a trial or hearing without counsel he shall be entitled to an enhancement of his costs in addition to the scale costs set out in Appendix 2.

(2) The amount of any enhancement under this rule shall be 50 per cent of the scale fee in Appendix 2 to which counsel, if conducting the trial or hearing, would have been entitled.]

Party and party costs

3

(1) The above-mentioned costs, fees and expenses together with all court and service fees shall be payable between party and party.

(2) Where in any proceedings a decree is given for the plaintiff against one or more but not all the defendants, [[^f00483] the judge or district judge as the case may be] may in his discretion either—

(a) order the unsuccessful defendant or defendants to pay the costs of the successful defendant or defendants; or

(b) order the plaintiff to pay the costs of the successful defendant or defendants and add those costs to the costs which the unsuccessful defendant is ordered to pay to the plaintiff;

and an order under sub-paragraph (b) shall be in Form 263.

[ Value added tax

4

In addition to the costs, fees and expenses referred to in rule 2 a successful party may, as between party and party, recover a sum equivalent to the value added tax at the appropriate rate on so much of the amount of those costs, fees and expenses as were incurred in respect of any taxable supply of goods or services within the meaning of the Value Added Tax Act 1983[^f00485]; but only insofar as the tax is not deductible as input tax by the successful party.]

[ Solicitor and client costs

5

As between solicitor and client a solicitor shall be entitled to make such reasonable charges as are appropriate to work in the county court and in relation to remitted actions to work in both the High Court and county court having regard to the nature and importance of the case to his client, the time spent, and the amount of money of the property involved, after giving credit to the client for any party and party costs actually received by the solicitor. In preparing his bill the solicitor shall take into account the relevant county court scales, both on amount awarded and on amount claimed, having regard to the degree of responsibility necessarily assumed by him in the interest of his client.]

[ Taxation of costs pursuant to an order under Part V of the Solicitors (Northern Ireland) Order 1976

5A

(1) Where the court or [[^f00488] district judge] has made an order for taxation under Part V of the Solicitors (Northern Ireland) Order 1976 the solicitor whose bill of costs, or who was a party to the contentious business agreement to which the order relates shall within two months of the service of the order lodge in the Office:–

(a) a copy of the order;

(b) his bill of costs or the contentious business agreement as the case may be, together with copies for service;

(2) On receipt of the documents mentioned in paragraph (1) the chief clerk shall send a copy of the bill or agreement as the case may be to any other party entitled to be heard on the taxation and shall give to all parties not less than 14 days notice in Form 321 of the day and time fixed for the taxation.

(3) The [[^f00488] district judge] shall tax the costs payable under the bill or agreement and at the conclusion of the taxation proceedings shall issue a certificate in Form 322 of the costs allowed by him.

(4) In this rule “other party entitled to be heard on the taxation” means—

(a) a person who was a party to the contentious business agreement or to whom the bill of costs was addressed;

(b) a person, or the representative of a person, liable to pay or whose property will be chargeable with the amount due on taxation.

5B

(1) Any party to a taxation under Rule 5A who is dissatisfied with the decision of the [[^f00489] district judge] may within 14 days after the taxation request the [[^f00489] district judge] to review his decision.

(2) A request under paragraph (1) shall be made in writing specifying the item or items objected to and the nature and grounds of the objection and the party making the request shall serve a copy on each other party to the taxation.

(3) On the making of a request under paragraph (1) the [[^f00489] district judge] shall review his decision as to the item or items objected to and shall notify each party of his decision on the review and of his reasons for it.

(4) Any party who is dissatisfied with the [[^f00489] district judge’s] decision on the review may within 14 days apply to [[^f00490] the judge] to review the taxation as to the item or items to which the decision relates.

(5) An application for a review under paragraph (4) shall be made on notice stating the nature and grounds of the applicant’s objection to the district judge’s decision.

(6) Unless [[^f00490] the judge] otherwise directs, no further evidence shall be received on the hearing of an application under paragraph (4), and no ground of objection shall be raised which has not been raised in the applicant’s notice.

(7) On an application under this rule [[^f00490] the judge] may make such order as the circumstances require and in particular may order the [[^f00489] district judge’s] certificate of the taxation to be amended or, except where the dispute as to the item under review is as to amount only, order the item to be remitted to the [[^f00489] district judge] for re-taxation.]

Witnesses’ fees and expenses

6

Without prejudice to any discretion exercisable by the Taxing Master of the Court of Judicature under the Solicitors (Northern Ireland) Order 1976[^f00491] there may be allowed to or in respect of witnesses such fees and expenses as [[^f00490] the judge or district judge as the case may be] shall in his discretion think just.

Exercise of discretion in respect of costs

7

(1) In any suit or proceedings for which no scale of costs is prescribed, the amount of costs shall be in the discretion of [[^f00490] the judge or district judge as the case may be].

(2) Where, in any suit or proceedings for which a scale of costs is prescribed, [[^f00490] the judge or district judge as the case may be] is satisfied that any party has unreasonably and for the primary purpose of increasing his costs included in his claim an amount in respect of any undisputed loss or damage, [[^f00490] the judge or district judge as the case may be] may reduce the amount of costs payable to that party by such amount as he shall think fit.

(3) [^f00492]The costs awarded on any application under Article 14 of the 1988 Order shall be in the discretion of [[^f00490] the judge or district judge as the case may be].

(4) The costs awarded on an application under—

(a) Article 7(3), 8(1), 16(1) or 16(4) of the 1977 Order;

(b) Article 15, 16(6), 17 or 18(4) of the 1988 Order;

shall be in the discretion of [[^f00493] the judge or district judge as the case may be] both as to incidence and amount.

(5) In this Order—

“the 1977 Order” means the Criminal Damage (Compensation) (Northern Ireland) Order 1977[^f00494];

“the 1978 Act” means the Northern Ireland (Emergency Provisions) Act 1978[^f00495];

“the 1988 Order” means the Criminal Injuries (Compensation) (Northern Ireland) Order 1988[^f00496];

“the 1991 Act” means the Northern Ireland (Emergency Provisions) Act 1991[^f00497].];

Exercise of discretion in absence of party

8

Any discretion exercisable by [[^f00493] the judges] as to the amount to be allowed for any fees or costs may be exercised notwithstanding that the party liable to pay such fees or costs is not present or represented.

Taxation of costs

9.

[[^f00498] . . .]

(2) In taxing costs incurred in the High Court in any suit or action previous to the remittal thereof to the county court, or during the progress thereof, the [[^f00499] district judge] shall tax those costs when required by [[^f00493] the judge] according to the costs and fees payable in the High Court, subject to revision by [[^f00493] the judge].

(3) In any taxation of costs, whenever items appear for disbursement, they shall be vouched in such manner as the taxing officer considers, proper, subject to the decision of [[^f00493] the judge] appealed to.

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

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

(6) Where any party seeks to have the taxation of costs reviewed by [[^f00493] the judge], he shall serve on the [[^f00499] district judge] notice of the items to which he objects.

Counterclaim

10

(1) Where both claim and counterclaim are dismissed, as between party and party each decree shall carry costs on the scale of a defendant’s costs of a dismiss on the amount claimed. Provided that [[^f00493] the judge or district judge as the case maybe] may direct that one decree, only shall issue for the difference, if any, between the costs of the parties, or if such costs are of the same amount that no decree shall issue.

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

(3) Where both the claim and the counterclaim are established and a balance is decreed in accordance with rule 8(1) of Order 25 then, in the absence of any special order by [[^f00500] the judge or district judge as the case may be] under paragraph (2) of such rule, the costs as between the parties shall be in accordance with the scale appropriate to such balance as decreed.

(4) Where a plaintiff succeeds on his claim and a counterclaim against him is dismissed, or where a defendant succeeds on his counterclaim and the claim against him is dismissed, [[^f00500] the judge or district judge as the case may be] shall upon application at the hearing decide what proportion (if any) of the scale costs appropriate to a dismiss on the amount claimed in the unsuccessful suit shall be payable to the successful party by way of additional costs occasioned by the defence of the other party’s claim, and such costs (if any) shall be added to the scale costs on the amount decreed.

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

(6) In this Rule the expression “costs” includes any witnesses’ expenses allowed by [[^f00500] the judge or district judge as the case may be].

11

(1) [^f00501]This rule only applies where the plaintiff’s cause of action (or if there is more than one cause of action the principal cause of action):

(a) related to contracts for works of building or engineering construction, contracts of engagement of architects, engineers or quantity surveyors, the sale of goods, insurance, banking, the export or import of merchandise, shipping or other mercantile matters, agency, bailment, carriage of goods, professional or clinical negligence or title to land;

(b) claimed assault, battery, wrongful arrest or false imprisonment and where a named defendant is the Ministry of Defence, Chief Constable of the Police Service of Northern Ireland or Head of the Northern Ireland Prison Service;

[[^f00502] . . .]

(ba) [^f00503]claimed diffuse mesothelioma or any asbestosis related disease; or]

(i) Part IV of the Sex Discrimination (Northern Ireland) Order 1976[^f00504];

(ii) Part III of the Race Relations (Northern Ireland) Order 1997[^f00505];

(iii) Part IV of the Fair Employment and Treatment (Northern Ireland) Order 1998[^f00506];

(iv) Part III of the Disability Discrimination Act 1995[^f00507];

(v) section 76 of the Northern Ireland Act 1998[^f00508];

(vi) [^f00509]regulations 24 or 25 of the Employment Equality (Age) Regulations (Northern Ireland) 2006[^f00510]; [[^f00511] . . .]

(vii) regulations 5 to 17 of the Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006[^f00512]];

(viii) [^f00513]the Consumer Credit Act 1974; or

(ix) the Special Educational Needs and Disability (Northern Ireland) Order 2005.]

(2) Subject to paragraph (4) where, at the conclusion of a cause of action to which this rule applies, [[^f00514] the judge or district judge as the case may be] is satisfied that the issues in the case were of particular complexity, he may order that the parties receive an enhancement of their costs in addition to the scale costs set out in Appendix 2.

(3) The amount of any enhancement under this rule shall be one-third of the scale fee in Appendix 2 to which the parties are entitled.

[[^f00515] . . .]

Costs of party appearing in person

12

The amount of any costs awarded to a party other that a solicitor appearing in person in accordance with section 1 of the Litigants in Person (Costs and Expenses) Act 1975[^f00516] shall be such as may be determined by [[^f00514] the judge or district judge as the case may be].

Additional services

13

Where it is necessary to serve more than one copy of a civil bill or other document initiating proceedings there shall be payable for each copy after the first a further sum of [[^f00517] £1.00].

Costs in undefended cases

14

(1) [^f00518]Where a defendant pays the amount due or delivers up possession, as the case may be, within 21 days from service of the civil bill and also within that period pays 50% of the solicitor’s costs in column 2 of [[^f00519] Table 2] of Part I or of Table 1 of Part III of Appendix 2 as appropriate, together with all of the plaintiff’s outlay including counsel’s fee (if any) properly incurred to the date of settlement he shall not be liable for any further costs.

(2) The costs awarded to a solicitor where he enters judgment on behalf of a plaintiff in accordance with Order 12 Rule 1 shall be the scale fee in accordance with [[^f00519] Table 2] in Part I of Appendix 2.

(3) [^f00520]Subject to paragraphs (4), (5) and (6) where judgment is entered on behalf of a plaintiff in accordance with Order 12, rule 2 and damages are assessed under Order 12, rule 13 or 16 the costs awarded to a solicitor or counsel shall be 50% of the scale fee payable under the relevant Table (as determined by the cause of action) in Appendix 2.

(4) Costs shall only be awarded to counsel in accordance with paragraph (3) if [[^f00521] the judge or district judge as the case may be] has certified that it was necessary to instruct counsel in that case.

(5) Notwithstanding paragraph (3), the amount of 50% of the scale fee prescribed by paragraph (3) (being the costs payable to a solicitor and, if allowed, to counsel where judgment is entered on behalf of a plaintiff in accordance with Order 12, rule 2 and damages are assessed under Order 12, rules 13 or 16) may be increased at the discretion of the judge or district judge.

(6) Notwithstanding paragraphs (3) to (5), in any case whether commenced by civil bill or on petition, where the approval of [[^f00521] the judge or district judge as the case may be] is required under Order 44, rule 1(1)(a), the costs payable to a solicitor and counsel shall be the full scale fee allowable under Appendix 2, Part 1.]

Lands not separately rated

15

In any proceedings for recovery of possession of lands not separately valued for rating [[^f00521] the judge] may make any apportionments of valuation necessary for the determination of the costs applicable.

Fee for preparation of brief

16

The solicitor’s remuneration provided by the scales in Appendix 2 include a fee for the preparation of a brief to counsel (if any).

[Services fee for postal service

17

Where service of a civil bill or other document has been effected by post under Rule 3(2)(a) of Order 6, the solicitor shall be entitled to a fee inclusive of outlay in lieu of the fees payable to process servers as follows £4.00].

Injunctions claimed other than in equity proceedings

18

In proceedings where an injunction is claimed under Article 13 of the Order, not being proceedings within the equity jurisdiction, the costs in relation to the hearing of the claim for an injunction shall be in the discretion of [[^f00521] the judge or district judge as the case may be], both as to incidence and amount.

Proceedings in which the amount awarded does not exceed [ “certain limits”]

19

(1) [^f00524]In any proceedings before a [[^f00521]judge], other than an appeal under the 1977 Order, the 1988 Order, the 1978 Act or the 1991 Act, if the award by [[^f00521] the judge] does not exceed—

(a) [[^f00525] £10,000], only two-thirds of the amount of the scale costs shall be allowed, unless [[^f00521] the judge] otherwise orders; or

(b) £5,000, no costs, save those which would be awarded under Order 26, Rules 43 to 46, shall be allowed if [[^f00521] the judge] is satisfied that the proceedings should have been brought under Article 30(3) of the Order.

(2) In any proceedings before a district judge, if the award by the district judge does not exceed £5,000, no costs, save those which would be awarded under Order 26, Rules 43 to 46 shall be allowed if the district judge is satisfied that the proceedings should have been brought under Article 30(3) of the Order.

[ Penalty in costs where oral evidence not reasonably necessary

20

(1) Where it appears to [[^f00529] the judge or district judge as the case may be] in any proceedings that—

(a) any witness has been called to give oral evidence where his evidence could have been put before the court in some other manner, and

(b) his giving oral evidence was not reasonably necessary, [[^f00529] the judge or district judge as the case may be] may order that the costs occasioned by calling the witness to give oral evidence shall fall upon the party who caused his so to be called, and for this purpose may make such provision as he thinks fit either by fixing the amount of such costs in default of agreement between the parties or by making and order for taxation of such costs.

(2) Any costs required to be taxed pursuant to an order under this Rule shall be taxed in the same manner as costs in equity suits or proceedings.]

[ Applications under Article 42A(2) or 42B of the Order

21

Where an application is made in accordance with Order 14 rule 10A or Order 15 rule 5A for an order under Article 42A(2) or 42B the person against whom the order is sought shall, unless the court otherwise directs, be entitled to his costs of the application and of complying with any order made thereon.]

ORDER 56 — County Court seal and Authentication of documents

County Court seal

1

There shall be a county court seal for Northern Ireland.

Custody of the seal

2

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

Affixing and authentication of the seal

3

(1) The seal shall be affixed by or under the direction of the chief clerk to any document required by these Rules or any other enactment to be scaled with the county court seal.

(2) Every seal affixed to any document shall, subject to paragraphs (3) and (4), be authenticated by the signature of the chief clerk or registrar and no authentication of the seal shall be necessary.

(3) Where any order directs that the [[^f00532] district judge] or other officer shall do any act or take any accounts or inquiries, the seal on such order shall be authenticated by the signature of the chief clerk, as the case may be, and no further authentication shall be necessary.

(4) In the event of sickness or absence of the chief clerk, the seal may be authenticated and any certificate required by these rules may be given by such officer of the court as [[^f00533] the judge] may from time to time direct.

Documents to be sealed

4

The county court seal shall be affixed to—

(a) every document which immediately prior to the passing of the Order was required to be sealed with the county court seal;

(b) every document which under the provisions of these Rules or any other enactment is required to be sealed with the county court seal; and

[ Interpretation

5

The county court seal may be affixed by placing the seal on the relevant document—

(a) by hand; or

(b) by printing a facsimile of the seal on the document whether electronically or otherwise.]

ORDER 57 — Penal and disciplinary provisions

Proceedings on complaint of a contempt of court

1

(1) Where it is alleged that any person has—

(a) wilfully insulted or acted contumaciously towards [[^f00535] the judge or district judge as the case may be], or any witness, or any officer of the court during his sitting or attendance in court or in chambers or at any hearing before an officer of the court or in going to or returning from the court or chambers or a hearing before an officer of the court;

(b) wilfully interrupted the proceedings of a county court or otherwise misbehaved in court or in chambers or at a hearing before an officer of the court; or

(c) been duly summoned and has refused or neglected without sufficient cause to appear or to produce any documents or has refused to be sworn or to give evidence;

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