The Rules of the Court of Judicature (Northern Ireland) (Amendment No. 4) 2009

Made: 12th October 2009

To be laid before Parliament

Coming into operation in accordance with Rule 1

The Northern Ireland Court of Judicature Rules Committee[^f00001] makes the following Rules in exercise of the powers conferred by sections 55 and 55A of the Judicature (Northern Ireland) Act 1978[^f00002] and sections 8, 9(1) and 11(5) of the Presumption of Death Act (Northern Ireland) 2009[^f00003].

Citation, commencement and interpretation

1

• (1) These Rules may be cited as the Rules of the Court of Judicature (Northern Ireland) (Amendment No. 4) 2009 and subject to paragraph (2), shall come into operation on the 9th November 2009.

• (2) Rules 3(4) and 3(7)(a) shall come into operation on the 6th January 2010.

• (3) In these Rules, “the principal Rules” means the Rules of the Court of Judicature (Northern Ireland) 1980[^f00004], and an Order or Form referred to by a number or an Appendix referred to by a letter means the Order or Form so numbered or the Appendix so lettered in the principal Rules.

Transitional provision

2

Order 18 of the principal Rules as it applied immediately before rule 3(4) and rule 3(7)(a) came into operation shall continue to apply where a statement of claim is served on the defendant before 6th January 2010.

Amendments to the principal Rules

3

The principal Rules shall be amended as follows—

• (1) in the Arrangement of Orders, after the entry relating to Order 93, insert the following new entry—

(93A) Presumption of Death Act (Northern Ireland) 2009

• (2) in Order 1—

• (a) after rule 10(i), insert—

(j) proceedings under the Presumption of Death Act (Northern Ireland) 2009.

• (b) after rule 11(l), insert—

(m) appeals under rule 15 or 17B of the Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005[^f00005].

• (3) in Order 7—

• (a) in rule 2(1), for “or 9”, substitute “, 9 or 9A”;

• (b) in rule 2(2), after “Order 90”, insert “, Order 93A”;

• (4) in Order 18—

• (a) in rule 2, in paragraphs (1) and (2) for “21 days” substitute “6 weeks”;

• (b) after rule 15 insert—

(15A) (1) In his defence the defendant must state— (a) which of the allegations in the particulars of the statement of claim he denies; (b) which of the allegations he is unable to admit or deny but which he requires the plaintiff to prove; (c) which of the allegations he admits. (2) Where the defendant denies liability the defence shall be so pleaded that it raises the defendant’s case with sufficient clarity that the opposite party is made aware of the true nature of the defendant’s case and, where appropriate, the defence shall put forward the defendant’s version of relevant facts or events if that version is materially different from the plaintiff’s version as pleaded in the statement of claim. (3) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money clamed be proved unless he expressly admits the allegation.

• (5) in Order 23, rule 1—

• (a) at the end of paragraph (d), insert “or”; and

• (b) after paragraph (d), insert—

(e) that the plaintiff is a company or other body (whether incorporated inside or outside Northern Ireland) and there is reason to believe that it will be unable to pay the defendant’s costs if ordered to do so,

• (6) after Order 93, insert new Order 93A as set out in Schedule 1 to these Rules;

• (7) in Appendix A—

• (a) in Forms Nos. 2 and 5, for “21 days” substitute “6 weeks”;

• (b) after Form No. 9, insert new Form No. 9A as set out in Schedule 2 to these Rules;

• (c) after Form No. 75, insert new Forms Nos. 76, 77, 78, 79, 80, 81 and 82 as set out in Schedule 2 to these Rules.

SCHEDULE 1

SCHEDULE2

Signed

Declan Morgan — John Gillen — Paul Girvan — Bernard McCloskey — Patrick Coghlin — Paul Maguire — Tony Caher — Dated 8th October 2009

Signed by the authority of the Lord Chancellor.

In exercise of the powers conferred by section 55A (3) of the Judicature (Northern Ireland) Act 1978, I allow these Rules.

Bridget Prentice — Parliamentary Under-Secretary of State — Ministry of Justice — Dated 12th October 2009

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

These Rules amend the Rules of the Court of Judicature (Northern Ireland) 1980 (S.R. 1980 No. 346) as follows:

• Rule 3(2)(b) amends Order 1, Part 2A (Distribution amongst Divisions of the High Court) to assign appeals from the Taxing Master, under rules 15 and 17B of the Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005, to the Queen’s Bench Division;

• Rule 3(4) amends Order 18 (Pleadings) to extend the period for serving a defence on the plaintiff and to specify matters which must be included in any defence;

• Rule 3(5) amends Order 23 (Security for Costs) to provide that the High Court may order a plaintiff to give security for the defendant’s costs where the plaintiff is a company or other body and there is reason to believe that it will be unable to pay the defendant’s costs if ordered to do so;

• Rule 3(6) inserts a new Order 93A, which prescribes the practice and procedure to be used in proceedings under the Presumption of Death Act (Northern Ireland) 2009.

Footnotes

[^f00001]: The Northern Ireland Supreme Court Rules Committee was renamed the Northern Ireland Court of Judicature Rules Committee in accordance with section 59(3) of the Constitutional Reform Act 2005 (c.4).

[^f00002]: 1978 c.23; to which the most recent relevant amendments were made by paragraphs 29 and 30 of Schedule 5 to the Constitutional Reform Act 2005 (c.4).

[^f00003]: 2009 c.6.

[^f00004]: S.R. 1980 No. 346; the Rules of the Court of Judicature (Northern Ireland) 1980 to which the most recent relevant amendments were made by S.R. 1986 No.203, S.R. 2000 No.393 and S.R. 2008 No.22 were renamed in accordance with paragraph 3 of Schedule 11 to the Constitutional Reform Act 2005 (c.4) .

[^f00005]: S.R. 2005 No. 112; as amended by S.R. 2009 No. 267.