COUNTY COURTS ORDER 1 Where proceedings may be commenced Actions generally 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Actions for recovery of, and in relation to, land 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proceedings in relation to trusts 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proceedings in relation to the estate of a deceased person 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Partnership proceedings 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proceedings under the Settled Land Acts 1882 to 1890 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proceedings under the Married Women’s Property Act 1882, s.17 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proceedings in relation to minors 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Probate proceedings 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proceedings for the construction of deeds, wills, etc. 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proceedings commenced by petition 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proceedings by or against a judge, district judge, circuit administrator or chief clerk 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proceedings by and against the Crown 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proceedings under Part II of the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ORDER 2 Joinder of causes of action Generally 1 Save as otherwise provided in this Order the plaintiff may unite in the same action several causes of action and— a claims by or against husband, and wife may be joined with claims by or against either of them separately; b claims by or against an executor or administrator as such may be joined with claims by or against him personally provided the last-mentioned claims are alleged to arise with reference to the estate in respect of which the plaintiff or defendant sues or is sued as executor or administrator; c claims by plaintiffs jointly may be joined with claims by them or any of them separately against the same defendant. Assignee in bankruptcy and recovery of land 2 Except by leave of [ the judge or district judge as the case may be]— a claims by an assignee in bankruptcy as such shall not be joined with any claim by him in any other capacity; b no cause of action shall be joined with an action for the recovery of land except claims for mesne profits or arrears of rent or double value of the land claimed or any part thereof or for damages for breach of any contract under which it is held or for any wrong or injury to it or for payment of any principal money or interest secured by a mortgage or charge on that land or any part thereof. Claim for possession in action for sale or redemption of mortgaged property 3 Nothing in this Order shall prevent a plaintiff in an action for sale or redemption of mortgaged property from asking for or obtaining an order against a defendant for delivery of possession of the property on or after the final order for sale or redemption. Separate hearings may be ordered 4 If, at any time, it appears to [ the judge or district judge as the case maybe] that any causes of action joined in one action cannot be conveniently heard and disposed of together, he may order separate hearings, or may exclude any cause of action and order any consequential amendments to be made and may make such order as to costs as may be just. ORDER 3 Parties to proceedings PART I GENERALLY Who may be joined as plaintiffs 1 1 All persons may be joined as plaintiffs in one action in whom any right to relief in respect of or arising out of the same transaction or series of transactions is alleged to exist, whether jointly, severally, or in the alternative, where, if they brought separate actions, any common question of law or fact would arise but if, on the application of any defendant, it appears that any joinder may embarrass or delay the hearing, [ the judge or district judge as the case may be] may order separate hearings, or make such other order as he thinks fit. 2 A decree may be given for any plaintiff for the relief to which he is entitled, without any amendment, but any defendant, though unsuccessful, may be awarded any extra costs caused by joining any person who is not found entitled to relief. Who may be joined as defendants 2 1 All persons may be joined as defendants in one action against whom the right to any relief in respect of or arising out of the same transaction or event or series of transactions or events is alleged to exist, whether jointly, severally or in the alternative, where if separate actions were brought any common question of law or fact would arise. 2 A decree may be given against such one or more of the defendants as may be found to be liable according to their respective liabilities without any amendment. 3 Where two or more persons are made defendants, whether as jointly or as severally liable, the plaintiff may have a decree against any one or more of the defendants without prejudice to his right to proceed with the action against any other defendant. 4 Where a plaintiff proceeds against one or more of several persons jointly liable, the defendant or defendants sued may avail himself or themselves of any set-off or other defence to which he or they would be entitled if all the persons liable were made defendants. Defendant interested in part of claim 3 It shall not be necessary that every defendant to an action shall be interested as to all the relief claimed, or as to every cause of action, but [ the judge or district judge as the case may be] may make any order that may appear just to prevent any defendant from being embarrassed or put to expense by being required to attend any proceedings in which he has no interest. Persons liable under one contract 4 The plaintiff may at his option join as parties to the same action all or any one of the persons severally or jointly and severally liable on any one contract. Where plaintiff in doubt whom to sue 5 Where the plaintiff is in doubt as to the person from whom he is entitled to redress, he may join two or more defendants, so that the question is liable, and to what extent, may be determined between the parties. Misjoinder or non-joinder 6 1 No action or matter shall be affected by reason of the misjoinder or non-joinder of parties, and [ the judge or district judge as the case may be] may in every action or matter deal as justice may require with the real question at issue between the parties actually before him. 2 Where one or more than one of several persons jointly liable is sued and the other or others so liable and not sued reside out of the jurisdiction or are dead, the fact of the residence of the party or parties not sued being outside the jurisdiction, or the death of such parties, shall appear on the face of the process. Representative proceedings 7 1 Where there are numerous persons having the same interest in one action or matter, one or more of them may be authorised or appointed by [ the judge or district judge as the case may be] before or at the hearing, to sue or defend on behalf of all persons so interested. 2 Where a defendant desires to defend on behalf of numerous persons having the same interest, he shall, within five days from the day on which the civil bill is served on him, file in the Office an affidavit stating the facts on which he relies and the names, addresses and occupations or, where appropriate, a collective description of the persons on behalf of whom he desires to defend, and serve on the plaintiff a copy of the affidavit together with a notice of the defendant’s intention to apply to [ the judge or district judge as the case may be] at or before the hearing of the action or matter for leave so to defend. 3 If an order is made for the defendant so to defend— a a collective description sufficient to designate the persons to whom the order relates shall be added to the name of the defendant in the books of the court; b notice shall be given to such persons affected by the order and in such manner, in Form 3 or Form 4 or otherwise, as [ the judge or district judge as the case may be] directs; c the hearing of the action or matter may be adjourned to enable any person who is included in the collective description to object to the defendant defending on behalf of all or any of the persons to whom the order relates; d where an objection is made under paragraph (c), [ the judge or district judge as the case may be] shall consider the objection and make such further order as he thinks fit. Trustees and beneficiaries 8 1 Trustees, executors and administrators may sue and be sued on behalf of or as representing the property or estate of which they are trustees or representatives, without joining any person beneficially interested-therein, and shall be considered as representing such person, but [ the judge or district judge as the case may be] may, at any stage of the proceedings, order any person to be made a party either in addition to or in lieu of the previously existing parties. 2 This Rule shall apply to trustees, executors and administrators sued in proceedings to enforce a security by sale or otherwise. [ Administration of Estates (Northern Ireland) Order 1979] 9 1 Where any person against whom an action would have lain has died but the cause of action survives, the action may, if no grant of probate or administration has been made, be brought against the estate of the deceased. 2 Without prejudice to the generality of paragraph (1), an action brought against “the personal representatives of AB deceased” shall be treated for the purposes of that paragraph as having been brought against his estate. 3 An action purporting to have been commenced against a person shall be treated, if he was dead at its commencement, as having been commenced against his estate in accordance with paragraph (1), whether or not a grant of probate or administration was made before its commencement.] 4 In any such action as is referred to in paragraph (1) or (3)— a the plaintiff shall apply to [ the judge or district judge as the case may be] for an order appointing a person to represent the deceased’s estate for the purpose of the proceedings or, if a grant of probate or administration has been made [ . . .], for an order, that the personal representative of the deceased be made a party to the proceedings, and in either case for an order that the proceedings be carried on against the person so appointed, or as the case may be against the personal representative, as if he had been substituted for the estate; b [ the judge or district judge as the case may be] at any stage of the proceedings and on such terms as he thinks just and either on his own motion or on application may make such order as is mentioned in sub-paragraph (a) and allow such amendments (if any) to be made and make such other order as he thinks necessary in order to ensure that all matters in dispute in the proceedings may be effectually and completely determined and adjudicated upon. 5 Before making an order under paragraph (4) [ the judge or district judge as the case may be] may notice to be given to any insurer of the deceased who has an interest in the proceedings an such (if any) of the persons having an interest in the estate as he thinks fit. 6 Where no grant of probate or administration has been made, any decree granted in the proceedings shall bind the estate to the same extent as it would have been bound if a grant had been made and a personal representative of the deceased had been a party to the proceedings. Actions relating to land 10 In actions brought under Article 12 of the Order, any person not named as a defendant— a may appear and defend, on sending by post to the chief clerk and to each plaintiff and defendant [ at any time before the hearing] a notice claiming that he has an estate or interest in the land to which the action relates or a part thereof; b may, by leave of [ the judge or district judge as the case may be], appear and defend at the hearing, and [ the judge or district judge as the case may be] may, if he thinks fit, add the name of such person as a defendant in the action; and [ the judge or district judge as the case may be] may deal with such person, both as to costs and allowances, as if he had been originally named as a defendant and served with the civil bill. PART II PERSONS UNDER DISABILITY Minor 11 Without prejudice to Article 39(2)( c ) of the Order, a minor may sue by his next friend and may defend by his guardian ad litem. [ Patients] 12 A [ patient for whom a controller has been appointed] may sue and defend by his [ controller] and [ a patient for whom a controller has not been appointed] may sue by his next friend and may defend by his guardian ad litem. Proceedings by next friend 13 Where— a a minor desires to commence proceedings (other than an action in his own name under Article 39(2)(c) of the Order) or is a claimant in interpleader proceedings; or b proceedings are to be commenced, or a claim made in interpleader proceedings, on behalf of a [ patient for whom a controller has not been appointed]; the proceedings or claim shall be in the name of the minor or person by his next friend. Where judge may appoint next friend 14 1 Where proceedings in which a next friend is required are commenced without such next friend [ the judge or district judge as the case may be] may— a on the application of any party or of his own motion appoint as next friend any person who consents to act and gives an undertaking in Form 5; or b order the proceedings to be struck out. 2 Where a next friend is appointed under paragraph (1), Order 4 Rule 2(2) shall apply. Appointment of guardian ad litem 15 1 Where any defendant is a person for whom a guardian ad litem may properly be appointed, the following provisions apply— a [ not later than 21 days after service of the civil bill except with the consent of the other parties or the leave of the court], a guardian ad litem may be appointed by the chief clerk on application made to him on behalf of that defendant, on affidavit in Form 6 together with a written consent of the proposed guardian to act; b where the appointment is so made, the order shall be in Form 7 and the chief clerk shall send notice to the plaintiff in Form 8; c where a guardian ad litem has not been appointed under sub-paragraph (a) or where the person appointed dies or otherwise becomes unable or unwilling to act, [ the judge or district judge as the case may be] may appoint, a person to be guardian ad litem. 2 A guardian ad litem shall not be personally liable for any costs not occasioned by his own personal negligence or misconduct. PART III ADMINISTRATION AND EXECUTION OF TRUSTS Representation of person or class 16 Where any person or class of persons is beneficially interested in any proceedings for the administration of the estate of a deceased person or for the execution of the trusts or the construction of any instrument, [ the judge or district judge as the case may be] may, whether such person or class has been ascertained or not, appoint any person to represent such person or class, and any order made in the presence of the person so appointed shall be binding on the person or class so represented. When service unnecessary 17 Any person beneficially interested in the residuary estate or a deceased person or any one of several cestuis que trustent under any instrument, being entitled to an order for the administration of the estate or for the execution of the trust, may have the same without serving notice of the proceedings on all the other persons so interested. Judge may order parties to be added 18 [ The judge or district judge as the case may be] may require any person to be made a party to any proceedings, may give the conduct of the proceedings to such person as he thinks fit, and may make such order in any particular case as he thinks just for placing the defendant on the record on the same footing in regard to costs, as other parties having a common interest with him in the matter in question. When notice of order to be served 19 1 Where in any proceedings for— a the administration of the estate of a deceased person; or b the execution of the trusts of any instrument; or c the sale of any property; an order has been made, [ the judge or district judge as the case may be] may direct that any persons interested in the estate or under the trust or in the property shall be served with notice of the order. 2 Any person so served shall be bound by the proceedings as if he had originally been made a party and shall be at liberty to attend the proceedings and may at the next sitting of the court after service, or by leave of [ the judge or district judge as the case may be] at any subsequent sitting, apply to [ the judge or district judge as the case may be] to discharge, vary or add to the order. Service of notice of an order. 20 1 Subject to paragraph (2) the notice of an order mentioned in Rule 19 shall be served and endorsed in like manner as a civil bill. 2 Where it appears to [ the judge or district judge as the case may be] that service of the notice cannot be effected or ought to be dispensed with, he may wholly dispense with service or may order substituted service. 3 Where the order is for accounts and inquiries and service of the notice on any person is dispensed with, such person shall, unless [ the judge or district judge as the case may be] otherwise orders, be bound by the order. Where no legal representative 21 If, in any proceedings, it appears to [ the judge or district judge as the case may be] that any deceased person who was interested in the matter in question has no legal personal representative, [ the judge or district judge as the case may be] may— a proceed in the absence of any person representing the estate of the deceased person; or b may appoint some proper person to represent the estate for the purpose of the proceedings; on such notice to such persons, if any as [ the judge or district judge as the case may be] may think fit, either specifically or generally by public advertisement, and the order made, and any order consequent thereon, shall bind the estate of the deceased person in the same manner in every respect as if a duly constituted legal personal representative of the deceased had been a party to the proceedings. Only representative to appear on claim of any person not a party 22 1 In any proceedings for the administration of the estate of a deceased person, no party other than the representative shall, except by leave of [ the judge or district judge as the case may be], be entitled to appear either in court or in chambers on the claim of any person not a party to the proceedings against the estate of the deceased person in respect of any debt or liability. 2 [ The judge or district judge as the case may be] may direct or give liberty to any other party to the proceedings to appear either in addition to or in place of the representative. PART IV CHANGE OF PARTIES Proceedings on change of plaintiff’s or defendant’s title before decree 23 1 Where, after the commencement of any action and before final decree, there is any assignment, creation, change, transmission or devolution of the interest, estate or title of any plaintiff, [ the judge or district judge as the case may be] may, upon the ex parte application of the person to or upon whom such interest, estate or title has come or devolved or of any party to the action, grounded upon an affidavit setting out the facts of such assignment, creation, change, transmission or devolution, make an order that such person be substituted for or made a joint plaintiff with the plaintiff named in the original civil bill and [ the judge or district judge as the case may be] may, before making such order, require such notice of the application to be served as he thinks fit. 2 Where, after the commencement of any action, there is any assignment, creation, change, transmission or devolution of the interest, estate or title of any defendant, [ the judge or district judge as the case may be] may, on an ex parte application grounded upon an affidavit setting forth the facts of such assignment, creation, change, transmission or devolution, make an order that the person to or upon whom such interest, estate or title has come or devolved, be substituted for or made a joint defendant with the defendant named in the original civil bill, and [ the judge or district judge as the case may be] may, before making such order, require such notice of the application to be served as he thinks fit. Where person entitled to proceed on death of party fails to do so 24 Where a plaintiff or defendant in an action or matter dies and the cause of action survives but the person entitled to proceed fails to proceed, the defendant (or the person against whom proceedings may be continued) may apply to [ the judge or district judge as the case may be] for an order directing the plaintiff (or person entitled to proceed) to proceed within such time as may be ordered and in default the action or matter may be struck out, and in a case where it is the plaintiff who has died, execution may be had for any costs awarded to the defendant as if Order 40 Rule 2 applied. Alteration of records on change of parties 25 Where a party is substituted or added the books of the court shall be altered and all subsequent proceedings shall be carried on accordingly. ORDER 4 Security for costs Plaintiff not resident in Northern Ireland 1 1 Where it appears that the plaintiff does not reside in Northern Ireland, the chief clerk may, on application of a defendant, order security for costs to be given to the satisfaction of the chief clerk and before making such an order the chief clerk shall consider all the circumstances of the case including any right of the defendant to proceed under the [ Foreign Judgments (Reciprocal Enforcement) Act 1933 or the Civil Jurisdiction and Judgments Act 1982 ] to recover any costs awarded to him. 2 A person ordinarily resident out of Northern Ireland may be ordered to give security though he may be temporarily resident in Northern Ireland. 3 Any party to the action or other proceeding may, on giving at least two days’ notice to the other party, appeal to [ the judge or district judge as the case may be] against any decision or order of the chief clerk under this Rule. 4 Where an order is made under paragraph (1) the action or other proceeding shall not, without leave of [ the judge or district judge as the case may be], proceed to hearing until the order has been complied with. Next friend 2 1 A person acting as next friend in any proceedings shall— a before the proceedings are commenced; or b in the case of interpleader proceedings to which Order 10 applies before the issue of the summons; deliver at the Office an undertaking in Form 5, witnessed by a solicitor or person by whom affidavits may be taken. 2 On giving the undertaking, the next friend shall be liable for costs in the same manner and to the same extent as if he were himself a plaintiff, and, if the proceedings fail or are discontinued, an order for payment of costs may be made against the next friend whether an order for costs is or is not made against the person under disability, and proceedings may be taken on the order for the recovery of the costs as for the recovery of any amount payable under a decree. 3 This Rule does not apply to proceedings under Order 44. Where proceedings are remitted from High Court 3 Where any proceedings in which a person is suing by a next friend are remitted to a county court, the plaintiff shall lodge with the chief clerk the written authority for the use of the name of the next friend filed in the High Court, or a duplicate or copy thereof, which shall be deemed to be an undertaking within Rule 2. ORDER 5 Commencement of proceedings Commencement of civil bill 1 1 Except as otherwise provided by an enactment or these Rules, proceedings in a county court shall be commenced by a civil bill in such one of the Forms 9 to 32 as may be appropriate. 2 Every civil bill shall be signed by the plaintiff or by his solicitor or a partner or duly authorised employee of his solicitor. 3 A civil bill commencing proceedings in a title action or for ejectment on the title shall be headed with the words “Title Jurisdiction”. 4 A civil bill commencing proceedings within the equity jurisdiction of the court (in these Rules referred to as an “ equity civil bill”) shall be headed with the words “Equity Civil Bill ”. 5 An ordinary or ejectment civil bill shall bear an endorsement in Form 10 or Form 13, as may be appropriate. Particulars of claim 2 1 The plaintiff shall set out in his civil bill particulars of his claim. 1A Where the plaintiff claims interest under Article 45A of the Order or otherwise the particulars of claim set out in his civil bill shall contain a statement to that effect] [ and shall specify the amount claimed as interest with the degree of particularity required by [ Rule 1A of Order 33].] 2 In an action for the recovery of or in relation to land, the plaintiff shall give a full description of the land and in such an action or in an action for the recovery of rent or mesne profits the plaintiff shall set out in his civil bill the facts on which he relies as giving the court jurisdiction. 3 A plaintiff suing as the assignee of a debt or other legal thing in action shall set out in his civil bill the name and description of the assignor and the date of the assignment. 4 A plaintiff suing for the recovery of a book or shop debt or other running account shall [ set out full particulars of his demand in the civil bill]; but [ the judge or district judge as the case may be] may dispense with his requirement if in any case he is satisfied that it is unnecessary. 5 A plaintiff alleging a breach of statutory duty shall set out in his civil bill particulars of the enactment on which he relies. 6 Where a plaintiff desires to abandon, under Article 10(1) of the Order, the excess of his claim over [ £30,000], the abandonment of the excess shall be entered at the end of the particulars. 7 An equity civil bill shall set out as concisely as may be the facts constituting the plaintiff’s claim and the facts upon which the plaintiff relies as giving the court jurisdiction. 8 Where reference to a sum of money is made in the civil bill or in the particulars the sum must be stated in decimal currency. 9 Where a claim made in the proceedings is one which the court has power to hear and determine by virtue of the Civil Jurisdiction and Judgments Act 1982 and the civil bill is to be served out of Northern Ireland, the particulars of claim shall contain a statement that the court has power under that Act to hear and determine the claim and that no proceedings involving the same cause of action are pending between the parties in England and Wales, Scotland or another Convention territory. For the purpose of this paragraph, “ 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, to which [ the Brussels Convention or the Lugano Convention as defined] in section 1(1) of that Act apply.] [ Notice for further particulars 3 1 In any case to which Rule 2(4) does not apply, the defendant may require the plaintiff, by notice in writing served within 14 days after service of the notice of intention to defend, to furnish further particulars of claim within 14 days of service of the notice for particulars. 2 In any case to which Rule 2(4) does not apply, the plaintiff may require the defendant by notice in writing served within 14 days after service of the particulars of claim or where no notice for further particulars of claim has been served, within 14 days of service of the notice of intention to defend, to furnish particulars of any defence, set off or counterclaim within 14 days of service of the notice for particulars. 3 Where under paragraphs (1) and (2) particulars have been duly required and— a have not been furnished within the time specified in the notice; or b if furnished, are in the opinion of the judge or district judge insufficient; the judge or district judge may make such order as he thinks just including, in particular, an order that the proceedings be dismissed or, as the case may be, an order that the notice of intention to defend be struck out and judgment be entered accordingly. 4 Any costs occasioned by service of a notice under paragraph (1) or (2) shall be at the discretion of the judge or district judge as the case may be. 5 Where a defendant has served a third party notice this Rule shall, with any necessary modifications, apply as if the third party were a defendant and a plaintiff. 6 In this Rule the words “plaintiff” and “defendant” respectively shall include a plaintiff and defendant to a counterclaim.] Proceedings against the Crown 4 1 Where civil proceedings are brought against the Crown in accordance with the provisions of the Crown Proceedings Act the Crown may, within three days from the service of the civil bill, serve a notice upon the plaintiff or his solicitor, requiring such information as may be reasonably necessary to show the circumstances in which the alleged liability of the Crown has arisen, and as to any department and officer of the Crown concerned. 2 The plaintiff or his solicitor shall, within three days from the service of such notice, serve upon the Crown an answer to the notice containing the required particulars, and the plaintiff shall be bound by the statements contained therein unless at the hearing [ the judge or district judge as the case may be] otherwise directs. 3 If the plaintiff fails to comply with the requirements of such notice as aforesaid, [ the judge or district judge as the case may be] shall, subject to paragraph (4), adjourn the hearing and direct the plaintiff to furnish the required particulars within such time as is specified by [ the judge or district judge as the case may be]. The costs of such adjournment shall be in the discretion of [ the judge or district judge as the case may be]. 4 If it appears to [ the judge or district judge as the case may be], on the application of the plaintiff, that the furnishing by the plaintiff of the particulars required by the Crown is not reasonably practicable or is likely to prejudice the plaintiff’s case, [ the judge or district judge as the case may be] shall not direct such particulars to be furnished; and in any such case an answer by the plaintiff which omits such particulars shall be deemed to be a sufficient compliance with the notice; and if such an answer has already been served [ the judge or district judge as the case may be] may proceed to hear and determine the civil bill without an adjournment. Commencement of petition 5 1 Subject to Order 28, proceedings under paragraphs (i), (k) and (l) of Article 14 of the Order shall be commenced by a petition in such one of Forms 33 to 36 as may be appropriate. 2 The petition and two copies thereof shall be delivered to the chief clerk at his office and he shall issue same by endorsing on the petition and on a copy a notice in Form 37 and shall file the petition, and return such endorsed copy for service. 3 The person delivering the petition shall cause such endorsed copy to be served in accordance with Order 6 on the person necessary to be served therewith. ORDER 6 Service Issue of civil bill 1 A civil bill shall be deemed to have been issued— a so soon as it has been received by a process server (or other person authorised by this Order) for service on any defendant; or b so soon as service of it has been accepted by a solicitor under Rule 3(4); or c without prejudice to paragraphs (a) and (b), so soon as an order for service of a civil bill has been made under Rule 6(2) or so soon as service declared sufficient under Rule 7 has been effected or so soon as service of a civil bill to which Rule 11 applies has been effected in accordance with that Rule; or d where service is by post, as soon as it has been posted; or e in an action such as is referred to in Rule 9(2) or Order 3 (where a civil bill is issued against “the personal representatives of AB deceased”) when a copy thereof is filed in the Office. Process servers and their duties 2 1 The name and address of every person appointed as a process server or removed from or otherwise ceasing to hold the office of process server shall be published in such manner and at such times as [ the Lord Chief Justice or district judge as the case may be] thinks expedient. 2 ... Every process server appointed after the conning into operation of these Rules shall on appointment, take the oath set out in Form 38. 3 Subject to the provisions of this Order, a process server shall serve all civil bills and other documents received by him for service. 4 Every process server shall keep, ... [ or district judge as the case may be], a book in which he shall enter the following particulars in relation to every civil bill or document received by him for service, that is to say— a the names of the plaintiff and defendant; b the cause of action; c the date on which he received the civil bill or document for service; d the date on which he served the civil bill or document; e the place where and the name or description of the person on or with whom the civil bill or document was served or left; or if the civil bill or document has not been served on or left with any person, the reason why service has not been effected. 5 A process server shall not accept for service— a any copy of a civil bill unless it is accompanied by the original civil bill; b any civil bill not duly stamped. 6 Every process server shall compare with the original copy of each civil bill received by him for service, and before serving such copy shall endorse his name thereon; and after effecting service shall endorse on the original civil bill a statement of the day of the week and the date upon which, the manner in which, and the place where such service was effected, and as to the person (whether the defendant, the husband or wife of the defendant or a relative or employee of his) on whom the civil bill was served, and shall sign such statement. 7 [ As soon as practicable after service,] each process server shall return every original civil bill to the solicitor or other person from whom he received it. [ . . .] 9 It shall be the duty of every process server to attend the court as required and produce his book or books, or in his unavoidable absence to cause such book or books to be so produced. 10 In the event of the unavoidable absence or of the illness or death of a process server, his book or books shall be so produced and verified by some person who can swear to the handwriting of the process server, and on being so verified shall be prima facie evidence of the matters entered therein. 11 Where personal service has been effected but the process server does not know of his own knowledge that the person served is the defendant, satisfactory proof of the identity of the person served must be given. 12 Process servers shall lodge their books in the Office when and so often as [ the judge or district judge as the case may be] may direct; and books so lodged shall be kept as part of the records of the court. 13 The oath to be taken by a process server at each sitting of the court shall be in Form 39. Service of civil bills 3 1 A civil bill shall not be served otherwise than in accordance with this Order. 2 Except where otherwise [ required by any statutory provision or direction of the court], a civil bill may be served either— a by a process server appointed for the administrative court division in which proceedings are brought or that specified by paragraph (3); or b where service is not required by paragraph (6) or Rule 6(1) of Order 40 to be made on the defendant in person,— i by a solicitor or member of his staff over the age of 16 years sending to the defendant at the address given for the defendant in the civil bill, a copy of the civil bill, by ordinary first class post, (in this Order, first class post means first class post which has been pre-paid or in respect of which prepayment is not required); or ii if there is a letter box at the address given for the defendant in the civil bill by inserting through that letter box a copy of the civil bill enclosed in a sealed envelope addressed to the defendant.] 3 Subject to paragraph (4) and to Rules 6, 7 and 11, where a person to be served with a civil bill resides outside the administrative court division in which the proceedings are to be brought, the civil bill shall, unless served under paragraph (2)( b ), be served by a process server for the division within which the person to be served resides and proof of such service shall be by affidavit to be filed, [ together with the certificate of readiness], in the office of the chief clerk .... 4 Where a solicitor represents that he is authorised to accept service of a civil bill on behalf of any defendant (not being [ . . .] a civil bill under Article 107 of the Judgments Enforcement (Northern Ireland) Order 1981 ), the delivery by any person of a copy of the civil bill to that solicitor shall be good service if that solicitor endorses and signs on the original a memorandum stating that he is so authorised as aforesaid and that he accepts service accordingly. 5 Except where otherwise directed or permitted under this Order, service of a civil bill shall be effected— a by delivering a copy of the civil bill to the defendant personally; or b by leaving a copy of the civil bill at the defendant’s residence or place of business with the wife or husband of the defendant, or with some relative of the defendant or of the husband or wife of the defendant, or with an employee of the defendant, the relative or employee being apparently over the age of sixteen years. References in this paragraph to a defendant include references to a person who under the provisions of this Order is to be served with a civil bill. 6 A civil bill issued under Article 107 of the Judgments Enforcement (Northern Ireland) Order 1981 shall be served personally on the defendant named therein. 7 Nothing in paragraphs (5) and (6) shall affect the method of serving documents on a company provided by section 385 of the Companies Act (Northern Ireland) 1960 . 8 In the absence of any statutory provision regulating service of process, service of a civil bill on a corporation aggregate may be made on the mayor or other head officer, or on the clerk, treasurer or secretary. 9 Where a defendant keeps his residence or place of business closed, or temporarily abandons either, so as to prevent the ordinary service of a civil bill, it shall be sufficient service to post a copy of the civil bill on the door or other conspicuous part of such residence or place of business. 10 Where a civil bill is issued in an action such as is referred to in Rule 9(2) or (3) of Order 3 and cannot be served because no grant of probate or administration has been made, a copy of the civil bill shall be filed by delivery to the Office as soon as it appears that the defendant is dead and that it cannot be served otherwise for the purpose of commencing the action. [ 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 4 1 In any action for the recovery of land— a for overholding, the civil bill shall be served— i on the tenant; and ii on any person in actual possession of the land; b for non-payment of rent, the civil bill shall be served on any person in actual possession of the land as tenant or under-tenant; c on the title, the civil bill shall be served— i on any person in actual possession of the land; and ii on any person who is in receipt of the rents or profits of the land or any part thereof; and iii on such other persons as [ the judge or district judge as the case may be] may direct; so, however, that in relation to an application for possession made in accordance with Rule 10 of Order 40 the civil bill shall be served on the judgment debtor instead of on such persons as are referred to in sub-paragraph (ii) above; d where at least six months’ rent of the land remains unpaid and the tenant has deserted or otherwise abandoned the land leaving the premises thereon unoccupied or the land not farmed in accordance with the rules of good husbandry, the civil bill shall be served— i on the tenant; and ii on any person in actual possession of the land; e where any person has been put into possession or occupation of the land by permission, or as a servant or caretaker, or as a tenant strictly at will or on sufferance, the civil bill shall be served on— i the person who has been so put into possession or occupation; or ii any persons being or claiming to be in possession or occupation through or under such person. 2 Where in any action to which any of the sub-paragraphs (b) to (e) of paragraph (1) applies there is no person in actual possession of the land to which the action relates, a copy of the civil bill shall be affixed on some conspicuous part of the land. Persons under disability 5 1 Where a defendant or party to any proceeding is a minor, the civil bill shall be served on his father or guardian or, if he has no father or guardian, then on the person with whom he resides; but [ the judge or district judge as the case may be] may order that service effected or to be effected on the minor shall be deemed good service. 2 Where a defendant or party to any proceeding is a [ patient] the civil bill shall be served on his [ controller] or, if he has no [ controller], on the person with whom he resides or under whose care he is. Resistance to service; substituted service 6 1 Where [ the judge or district judge as the case may be] is satisfied, on an application made by the plaintiff either in court or chambers, that the process server has been prevented by forcible resistance, or by reasonable apprehension of personal injury, from serving the civil bill upon anyone in person, [ the judge or district judge as the case may be] may order that a copy of the civil bill be sent by registered post to the person to be served and that a copy be posted on such courthouse as [ the judge or district judge as the case may be] may direct, together with a notice stating that such copy is respectively sent and posted by order of [ the judge or district judge as the case may be], and that such sending and posting is good service. 2 Where [ the judge or district judge as the case may be] is satisfied, on an application made by the plaintiff either in court or chambers, that for any reason due service of the civil bill cannot be effected promptly, [ the judge or district judge as the case may be] may make such order for substituted service, or for notice by advertisement in substitution for service, or otherwise as he thinks just. 3 An order under paragraph (1) or paragraph (2) shall state the day on which the action will be heard, and a copy of the order shall (except where the service is to be by advertisement) be posted or served along with the civil bill. 4 An application for an order under this Rule may be grounded on an affidavit stating the facts on which the applicant relies. Service deemed good 7 [ The judge or district judge as the case may be] may in any case declare the service actually effected sufficient. 8 [ A process server shall, as soon as possible after he has received a civil bill serve it upon the defendant.] Service in special circumstances 9 1 Where [ the judge or district judge as the case may be] or chief clerk on the application of a solicitor is satisfied of the existence or imminence of such special circumstances as would render impracticable the service of any civil bill in accordance with the foregoing Rules of the Order, he may direct or authorise such service— a to be effected by means of the recorded delivery service; or b to be effected in such other manner and by such person and to be proved in such manner as he may direct. 2 Where it would be impracticable to make such an application as is provided for in paragraph (1) the solicitor for the plaintiff or a partner or apprentice of his may himself serve the civil bill as if he were a duly appointed process server. A solicitor who serves a civil bill or causes a civil bill to be served as aforesaid shall forthwith make and shall file in the Office, [ together with the certificate of readiness], an affidavit setting forth all relevant facts, and it shall be in the discretion of [ the judge or district judge as the case may be] to direct that such service be deemed good service. Application of this Order 10 1 Except where otherwise provided by any enactment and subject to paragraph (2), the foregoing Rules of this Order shall apply mutatis mutandis to the service of petitions, summonses, notices or any other documents required or authorised to be served for the purposes of initiating any proceedings in a county court. 2 Rule 2(5)( a ), (6) and (7) shall not apply to the service of a petition and such service shall be proved by affidavit of the process server or, where service was by post, by production of the solicitor’s certificate of posting. Proceedings under the Crown Proceedings Act 11 1 The provisions of this Order relating to personal service shall not apply to any civil bill or other document required to be served on the Crown. Service of any such civil bill or document shall be in accordance with section 18 of the Crown Proceedings Act 1947 (c.44) and may be effected either— a by leaving the civil bill or document at the office of the person to be served; or b by sending it by [ ordinary first class post] addressed to the person to be served. 2 A civil bill at the suit of the Crown may by leave of [ the judge or district judge as the case may be] be served out of Northern Ireland in any case in which leave might be granted by the High Court for the service of a writ of summons out of the jurisdiction. Where such leave has been given in any proceedings in a county court, the like leave may be given in respect of documents to be subsequently served in those proceedings. 3 Where leave is sought to serve a civil bill at the suit of the Crown anywhere in Great Britain, if it appears to [ the judge or district judge as the case may be] that there may be a concurrent remedy in England or Scotland (as the case may be), [ the judge or district judge as the case may be] shall have regard to the comparative cost and convenience of proceedings within the jurisdiction of the court, or in the place of residence of the intended defendant, and particularly to the powers and jurisdiction of the country courts in England, and of the sheriff courts or small debt courts in Scotland, respectively. 4 An application for leave to serve a civil bill at the suit of the Crown on a person outside the United Kingdom 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 person to be served is, or may probably be found; ii whether such person is a British subject or not; and iii the grounds on which the application is made; and where [ the judge or district judge as the case may be] gives leave for the service of such a civil bill or other document outside the United Kingdom, he shall fix the return day, and in so doing shall have regard to the distance of the country wherein service is to be effected. 5 Where leave is given under the preceding paragraphs of this Rule for service out of the jurisdiction, such service shall, subject to this paragraph, be effected either— a by posting the document to be served together with a copy of the relevant order in a prepaid registered envelope addressed to the person to be served; or b by transmitting such document to an agent of the plaintiff for personal service by such agent; but where the person to be served is outside Her Majesty’s dominions there shall be served on him a copy of the relevant order and a notice of commencement of proceedings to which there shall be annexed a copy of the document for the service of which leave has been given. [ Proof of service by post 12 In any civil bill served by ordinary first class post under Rule 3(2) the plaintiff shall on the face of the civil bill certify that service has been effected by ordinary first class post, and the date when the civil bill was posted.] [ 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 [ . . .]; “ 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; [ “ 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 1965 ; “ associated state ” has the meaning given to it by the Interpretation Act 1978 ; “ 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 [ 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 [ 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 ... [ 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 [ 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 [ the judge] (or in an action in which the amount claimed or the value of specific chattels claimed does not exceed [ £10,000], to the [ 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 [ made, and] iv 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 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 [ 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 1978 , 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 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 [ the judge] or the [ district judge] shall not apply to proceedings in which a process has been served out of Northern Ireland in accordance with this Order.] ORDER 7 Special defences Statement of defence 1 A defendant in an equity suit may, [ within 28 days after service of his notice of intention to defend], serve on the plaintiff a statement in Form 41 disclaiming any interest in the subject matter of the proceedings or admitting or denying any of the statements in the plaintiff’s civil bill, or raising any question of law on such statements, without admitting the truth thereof, or he may specify any new fact or document on which he intends to rely as a defence or which he intends to bring to the notice of the court. [ . . .] Defence in action of trespass, etc. 3 Where a defendant in any action of trespass or in any action in which the title to any land comes in question (not being an action for the recovery of the land) intends to rely on a justification of the acts complained of, as having been done in exercise of any alleged right, he may serve a notice to that effect, setting out such alleged right, on the plaintiff [ within 28 days after service of his notice of intention to defend]. Tender and payment into court 4 1 Where the defence is tender, such defence shall not be available unless before or at the hearing the defendant lodges with the chief clerk the amount alleged to have been tendered, together with the costs of the action up to the time of tender if it was made after action brought. 2 Where in an equity suit a defendant intends to rely upon payment made by him into court, he shall give notice thereof to the plaintiff [ within 28 days after service of his notice of intention to defend]. Set-off and counterclaim 5 1 Where a defendant in any proceedings not being an action for rent intends to rely upon any set-off or counterclaim he shall give notice thereof in writing to the plaintiff and to the chief clerk [ within 28 days after service of his notice of intention to defend]. 2 Where in any action for rent a defendant intends to rely on a deduction or set-off in respect of debts due by the landlord to the tenant under section 48 of the Landlord and Tenant Law Amendment Act, Ireland, 1860 the defendant shall give notice in writing of such intention stating particulars of such deduction or set-off to the plaintiff [ within 28 days after service of his notice of intention to defend] and, where the defendant intends to rely on the provisions of section 40 of that Act, he shall lodge with the chief clerk the money tendered by him as thereby directed and give notice of such lodgment to the plaintiff [ within 28 days after service of his notice of intention to defend]. Counterclaim against person other than plaintiff 6 Where a defendant desires to set up a counterclaim against a plaintiff and some other person, he may apply to [ the judge or district judge as the case may be] for an order that the other person be added as a defendant to the counterclaim and [ the judge or district judge as the case may be] may make an order accordingly and may give such directions as may be necessary to enable the questions at issue between the parties to be determined at the hearing of the action. Set-off and counterclaim in proceedings by and against the Crown 7 1 In proceedings by the Crown for the recovery of any taxes, duties or penalties, a defendant shall not be entitled to avail himself of any set-off or counterclaim. 2 In any proceedings by the Crown other than those referred to in paragraph(l), a defendant shall not be entitled to avail himself of any set-off or counterclaim arising out of a right or claim to repayment in respect of any taxes, duties or penalties. 3 A defendant shall not be entitled, without the leave of [ the judge] (to be obtained on application of which notice has been given to the Crown before the beginning of a period of four days ending on the date of the application) to avail himself of any set-off or counterclaim if— a the subject matter of the set-off or counterclaim does not relate to the government department in whose name the proceedings are brought; or b the proceedings are brought in the name of the Attorney-General. 4 In proceedings against the Crown, the Crown shall not be entitled, without the leave of [ the judge or district judge as the case may be] (to be obtained on application of which notice has been given to the plaintiff before the beginning of a period of four days ending on the days of the application), to avail itself of any set-off or counterclaim if— a the Crown is sued in the name of a government department and the subject matter of the set-off or counterclaim does not relate to that department; or b the Crown is sued in the name of the Attorney-General. Costs 8 [ The judge or district judge as the case may be], in the exercise of his discretion as to costs, may take into consideration the extent to which a defendant has or has not availed himself of such of the powers given by the preceding Rules of this Order as were available to him. ORDER 8 Entry and lodgement of civil bills and applications for dismiss [ Entry of civil bills for hearing 1 ... Defended civil bills shall be entered for hearing, in accordance with the following Rules. Notice of intention to defend 2 1 Without prejudice to paragraph (2), in any proceedings commenced by civil bill which a defendant intends to defend he shall, within a period of 21 days from the date of service upon him of the civil bill, serve on the other party or parties to the proceedings a notice of intention to defend in Form 42. 2 A defendant shall not serve a notice of intention to defend after the expiration of a period of 21 days after service upon him of the civil bill 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. 3 Service by a defendant of a notice of intention to defend shall not prevent a defendant from raising any issue or defence which he would otherwise be entitled to raise concerning the civil bill, or issue or service of the civil bill, or the jurisdiction of the court. Lodging of certificate of readiness 3 1 In any proceedings commenced by civil bill in which a notice of intention to defend has been served the plaintiff shall, [ subject to paragraph (1A) and] after the conclusion of all interlocutory matters, request the chief clerk to enter the proceedings for hearing by delivery to the chief clerk at his office of a certificate of readiness in Form 43 and shall, at the same time, cause to be served on the other party or parties to the proceedings a copy of the certificate of readiness. 1A [ Subject to paragraph (1B),] a certificate of readiness may not be delivered to the chief clerk until the expiry of 21 days following the date of service of the notice of intention to defend.] 1B The plaintiff must notify the defendant in writing of his intention to lodge the certificate of readiness no later than 14 days prior to lodging the certificate.] 2 In any proceedings in which a notice of intention to defend has been served the chief clerk shall, if no certificate of readiness has been delivered to him within a period of 6 months immediately following the date of service of the notice of intention to defend, list the proceedings before the judge [ ) or district judge as the case may be] and notify the parties accordingly and the judge [ or district judge as the case may be] may issue such directions concerning the future conduct of any such proceedings as he considers appropriate [ including, in particular, an order that the proceedings be stayed or dismissed.] Documents to be delivered to the chief clerk 4 In every proceedings commenced by civil bill in which the defendant serves a notice of intention to defend the defendant shall also at the same time as he serves the notice of intention to defend on the other party or parties to the proceedings deliver to the chief clerk a copy of the civil bill and of the notice of intention to defend.] [ . . .] Applications for dismisses 6 1 If the plaintiff in any action ordered by the High Court to be heard or remitted by the High Court for hearing in any county court under the provisions of any enactment, omits or refuses to lodge the requisite documents, the defendant may, [ at any time after a period of 4 months has elapsed from the date of the order for remittal], lodge with the chief clerk a certified copy of the notice or remittal served on him by the proper officer of the Court of Judicature in accordance with Rule 8(b) of Order 78 of the Rules of the Court of Judicature (Northern Ireland) 1980 and the copy of the writ of summons or other originating process served on the defendant verified by affidavit, for the purpose of having the action dismissed by [ the judge or district judge as the case may be]. [ . . .] 3 Where a defendant lodges the documents mentioned in paragraph (1) in accordance with that paragraph, [ . . .] [ the judge or district judge as the case may be] shall have the like power, jurisdiction and authority to dismiss the case and to award costs to the defendant as if the plaintiff had lodged the order for hearing and other requisite documents [ . . .]. 4 In relation to an action to which Order 22 Rule 8(6) applies, paragraphs (1) and (3) shall have effect as if the reference— a to the plaintiff or defendant were, as the case may be, to the defendant or plaintiff; and b to a copy of the writ of summons or other originating process were to the original thereof together with particulars of the counterclaim. Entry on record of solicitor for plaintiff and defendant 7 The chief clerk shall enter on record in his book the name of only one person or firm as solicitor for the plaintiff or for any defendant and in the case of a firm of solicitors not more than one member of such firm shall appear or take part in the conduct of any one case without the leave of [ the judge or district judge as the case may be]. [ . . .] ORDER 9 Amendments Generally 1 1 Subject to paragraph (2), [ the judge or district judge as the case may be] may at any time— a amend any defects or errors in any proceedings whether the defect or error is that of the party applying to amend or not; and b add, strike out or substitute any person either as plaintiff or defendant; and all such amendments as may be necessary for the purpose of determining the real question in controversy between the parties shall be made, if duly applied for. [ . . .] 2 A person shall not be added as a plaintiff without his consent in writing, or in the case of a person under disability, without the consent in writing of the next friend or committee or other person acting on behalf of the person under disability. Service on added defendant 2 Where any person is ordered to be added or substituted as defendant, except under Rule 8, the amended civil bill or other originating process shall, be served on the added or substituted defendant according to the rules applicable to the service of a civil bill[ . . .]. [ When amendment may be made 3 1 Any amendment may be made at any stage of the proceedings by [ the judge or district judge as the case may be] of his own motion or at the hearing or on notice before the hearing on the application of any party. 2 When an application for an amendment is made after any relevant period of limitation has expired since the issue of the originating process, [ the judge or district judge as the case may be] may nevertheless allow the amendment if it is such as the High Court would have power to allow in a like case.] Abandonment of part of claim 4 A plaintiff may, at any time before an action is called on for hearing or in opening his case, abandon any part of his claim. Enlargement of claim 5 1 Where, upon the taking of an account or on the evidence given at the hearing, it appears that a plaintiff is entitled to recover an amount larger than that claimed in his civil bill but not beyond the limit of the court’s jurisdiction, [ the judge or district judge as the case may be] may, on payment by the plaintiff of the difference between the court fees paid and those payable on the larger amount, give a decree for the larger amount. 2 A decree given under this Rule shall show the amount by which the claim has been enlarged. Amount beyond limit of court’s jurisdiction found due on account 6 Where, upon the taking of an account, it appears that a plaintiff is entitled to an amount beyond the limit of the jurisdiction of the court and he has not abandoned the excess, he may abandon it and a decree may be given for so much of that amount as lies within the jurisdiction of the court. Joinder of defendant under Civil Aviation Act 1949 7 1 Notice of an application by a defendant to join any other person as a defendant pursuant to sections 40 and 49(2) of the Civil Aviation Act 1949 shall be served within five days of the service of the civil bill on the defendant. 2 [ The judge or district judge as the case may be] may, as a condition of making the order, require the applicant to give an undertaking signed by him to indemnify the plaintiff against— a the costs of and occasioned by the joinder of the other person; and b any costs which the plaintiff may be ordered to pay to that person. Change of defendant 8 Where a person other than the defendant appears at the hearing and admits that he is the person whom the plaintiff intended to sue, or ought to have sued, he may, if the plaintiff consents, be substituted for the defendant[ . . .]. Clerical mistakes and slips 9 Clerical mistakes in [ an application to make a settlement an order of the court under Order 21 Rule 1A or in] decrees or orders or errors arising therein from any accidental slip or omission may at any time be corrected by [ the judge or district judge as the case may be] or, with the consent of the parties, by the chief clerk. ORDER 10 Interpleader proceedings Application for relief 1 1 Where a person (in this Order called “ the applicant”) is under a liability for any debt or other thing in action, money or goods for or in respect of which he is or expects to be sued by two or more persons (in this Part called “the claimants ”) making adverse claim thereto, he may apply to the court for relief by way of interpleader. 2 The application shall be made to the court in which the applicant is sued or, if he has not been sued, to the court in which he might be sued. 3 The applicant shall serve on each of the claimants a summons in Form 44 or Form 45 as appropriate together with an affidavit showing that— a he claims no interest in the subject-matter in dispute other than for charges or costs; and b he does not collude with any of the claimants; and c he is willing to transfer the subject-matter into court or dispose of it as the court may direct; and d except where the applicant is a defendant, the subject-matter ices not exceed in value the amount for which the court has jurisdiction; but, where a claimant has commenced proceedings against the applicant in respect of his claim, a notice in Form 46 in lieu of a summons as aforesaid shall be served on that claimant. 4 Subject to paragraph (5) the summons shall be served, entered, heard and determined as if it were an ordinary civil bill. 5 Where the applicant is a defendant the affidavit and summons or notice shall be served within seven days from the date of the service of the civil bill on him. 6 A claimant may, within six days from the day on which the summons and affidavit are served on him, send a notice to the applicant that he has no claim to the subject-matter in dispute. Claimants having adverse title, etc. 2 The applicant shall not be disentitled to relief by reason only that the titles of the claimants have not a common origin but are adverse to and independent of each other. Hearing 3 1 On the hearing of the proceedings— a where the applicant is a defendant— i if the plaintiff does not appear, the action including the interpleader proceedings shall be struck out; or ii if the claimant does not appear, [ the judge or district judge as the case may be] shall hear and determine ,the action as between the plaintiff and the defendant and may make an order barring the claim of the claimant; or iii if both the plaintiff and the claimant appear, [ the judge or district judge as the case may be] shall, whether the defendant appears or not, hear the proceedings and give judgment finally determining the rights and claims of all parties; or b where the applicant is not a defendant— i if any claimant does not appear, [ the judge or district judge as the case may be] shall make an order finally determining the claim as between the applicant and any claimant who appears and may make an order barring the claim of the absent claimant; or ii if all the claimants appear, [ the judge or district judge as the case may be] shall, whether the applicant appears or not, hear the proceedings and make an order finally determining the rights and claims of all parties. 2 An order in Form 47 or Form 48 barring the claim of a claimant shall declare the claimant and all persons claiming under him to be for ever barred as against the, defendant or applicant and all persons claiming under him and also (where the claimant has sent a notice to the applicant that he makes no claim) as against the plaintiff or the other claimant and all persons claiming under him. 3 Where the claimant has not sent a notice to the applicant that he has no claim, an order barring the claim shall not affect the rights of that claimant and the plaintiff or another claimant as between themselves. ORDER 11 Third party procedure Generally 1 1 Where a defendant claims to be entitled to any contribution, indemnity or other relief over against any person not a party to the action (in this Order referred to as a “ third party ”) he may, [ within 14 days after service of his notice of intention to defend], serve on the third party in like manner as a civil bill a third party notice in Form 49, together with a copy of the civil bill in the action. 2 A third party notice may be served at any place in Northern Ireland. [ . . .] 3 When the third party notice has been served, a copy thereof shall forthwith be delivered to the plaintiff by post or otherwise and a copy thereof lodged with the chief clerk. Effect of service of notice 2 Subject to any order of [ the judge or district judge as the case may be], the notice shall have effect as if it were a civil bill served by the defendant on the third party. [ 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 3 [ The judge or district judge as the case may be] at the hearing— a may give such directions or make such orders as he thinks appropriate for determining the issue between the parties; and b may pronounce such decree as the nature of the case may require and may make such order as to the costs and the third party proceedings as he considers just. Application 4 The foregoing Rules shall apply mutatis mutandis where— a a defendant claims to be entitled to any contribution, indemnity or other relief over against any other defendant; but a third party notice served on a defendant need not be accompanied by a copy of the civil bill [ (where however, defendants are sued as tort feasors liable in respect of the same damage, they shall be treated as opposite parties and no third party notice need be served under this rule, but any such defendant, if he intends in support of a claim for contribution or indemnity to rely on any contractual right, must furnish particulars thereof in writing to the other parties)]; b a third party claims to be entitled to any contribution, indemnity or other relief over against another person not a party to the action (who may be known as a “fourth party”) and c a fourth party or any subsequent party in like case makes a like claim against a person not a party to the action. 5 In this Order the words “plaintiff’ and “defendant” respectively shall include a plaintiff and a defendant to a counterclaim. [ ORDER 12 Default of Notice of Intention to Defend PART I JUDGMENT IN DEFAULT OF NOTICE OF INTENTION TO DEFEND Claim for liquidated demand 1 1 Where a civil bill is endorsed with a claim against a defendant for a liquidated demand 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 enter final judgment against that defendant for a sum not exceeding that claimed by the civil bill in respect of the demand and continue with the proceedings against the other defendants if any. 2 A claim shall not be prevented from being treated for the purpose of this rule as a claim for a liquidated demand by reason only that part of the claim is for interest under Article 45A of the Order at a rate which is not higher than that payable on judgment debts at the date of issue of the civil bill. A claim for interest at a higher rate shall be treated as a claim for interest to be assessed. 3 Before final judgment is entered under this rule an affidavit must be lodged with the chief clerk specifying the amount then actually due to the plaintiff. Claim for unliquidated damages 2 Where a civil bill is endorsed with a claim against a defendant for unliquidated damages only, then if the defendant fails to serve a notice of intention to defend in Form 42 within a period of 21 days after service upon him of the civil bill, the plaintiff may enter interlocutory judgment against that defendant for damages to be assessed and continue with the proceedings against the other defendants if any. Claim for detention of goods 3 1 Where a civil bill is endorsed with a claim against a defendant relating to the detention of goods only, then if that defendant fails to serve a notice of intention to defend in Form 42 within a period of 21 days after service upon him of the civil bill the plaintiff may— a at his option enter either— i interlocutory judgment against that defendant for delivery of the goods or their value to be assessed, or ii interlocutory judgment for the value of the goods to be assessed; or b apply on notice to the district judge for judgment against that defendant for delivery of the goods without giving him the alternative of paying their assessed value, and in any case continue with the proceedings against the other defendants if any. 2 An application under paragraph (1)( b ) must be supported by affidavit and the application and a copy of the affidavit must be served on the defendant against whom judgment is sought. Claim for possession of land 4 1 Where a civil bill is endorsed with a claim against a defendant for possession of land only, then subject to paragraphs (2), (3) and (4), if that defendant fails to serve a notice of intention to defend in Form 42 within a period of 21 days after service upon him of the civil bill, the plaintiff may enter judgment for possession of the land as against that defendant and continue with the proceedings against the other defendants if any. 2 The plaintiff shall not be entitled, except with the leave of the district judge, to enter judgment under this Rule unless he produces a certificate by his solicitor, or (if he sues in person) an affidavit, stating that the claim does not relate to a dwelling-house. 3 The plaintiff shall not be entitled, except with the leave of the district judge, to enter judgment under this Rule where the civil bill is endorsed with a claim against a defendant for possession of land for non-payment of rent unless he produces a certificate by his solicitor, or (if he sues in person) an affidavit, stating that the land does not comprise or include a holding agricultural or pastoral or partly agricultural and partly pastoral. 4 The plaintiff shall not be entitled to enter judgment under this Rule where the civil bill is endorsed with a claim against a defendant for possession of land for non-payment of rent unless he lodges with the chief clerk an affidavit made by the landlord, his agent, receiver or clerk, stating that there was at the date of service of the civil bill at least one year’s rent due over and above all just and fair allowances. 5 An application for leave to enter judgment under paragraph (2) or (3) shall state the grounds of the application, and the application must, unless the district judge otherwise orders be served on the defendant against whom it is sought to enter judgment. 6 Where there is more than one defendant, any judgment entered under this Rule shall contain a stay of enforcement against any defendant unless and until judgment for possession of the land has been entered against all the defendants. 7 Where the plaintiff is a superior landlord and he applies under paragraph (3) for leave to enter judgment against a defendant who is an immediate landlord the district judge may, having regard to the provisions of section 12 of the Land Law (Ireland) Act 1896 :— a give such directions as to notice to tenants and otherwise and grant leave subject to such limitations as to enforcement of the judgment and such provisions as to costs as he thinks just; b on proof by affidavit that the non-payment of rent by the defendant is due to the non-payment of rent by the tenant of the holding, issue a certificate to that effect. Mixed claims 5 Where a civil bill served on any defendant is endorsed with two or more of the claims mentioned in Rules 1 to 4, and no other claim, then if that defendant fails to serve a notice of intention to defend in Form 42 within a period of 21 days after service upon him of the civil bill, the plaintiff may enter against that defendant such judgment in respect of any such claim as he would be entitled to enter under those rules if that were the only claim endorsed on the civil bill and proceed with the claim against the other defendants if any. Other claims 6 1 Where a civil bill is endorsed with a claim of a description not mentioned in Rules 1 to 4, then if any defendant fails to serve a notice of intention to defend in Form 42 within a period of 21 days after service upon him of the civil bill, the plaintiff may upon lodging with the chief clerk an affidavit proving due service of the civil bill on that defendant proceed with the claim as if that defendant had served a notice of intention to defend. 2 Where a defendant has satisfied the claim or complied with the demands thereof or for any other like reason it has become unnecessary for the plaintiff to continue with the proceedings then, if the defendant fails to serve a notice of intention to defend in Form 42 within a period of 21 days after service upon him of the civil bill, the plaintiff may enter judgment with the leave of the district judge against that defendant for costs. 3 An application for leave to enter judgment under paragraph (2) shall, unless the district judge otherwise orders, be served on the defendant against whom it is sought to enter judgment. Proof of service of civil bill 7 1 Judgment shall not be entered against a defendant under this Order unless— a an affidavit is lodged with the chief clerk by or on behalf of the plaintiff proving due service of the civil bill on the defendant; or b the plaintiff produces the civil bill endorsed by the defendant’s solicitor with a statement that he accepts service of the civil bill on the defendant’s behalf. 2 Where application is made to the district judge or chief clerk for an order affecting a party who has failed to serve a notice of intention to defend, the district judge or chief clerk hearing the application may require to be satisfied in such manner as he thinks fit that the party has failed to serve a notice of intention to defend. 3 Where, after judgment has been entered under this Order against a defendant purporting to have been served by post under Order 6, Rule 3(2) the copy of the civil bill sent to the defendant is returned to the plaintiff through the post undelivered to the addressee, the plaintiff shall, before taking any step or further step in the proceedings or the enforcement of the judgment, either— a make a request for the judgment to be set aside on the ground that the civil bill has not been duly served, or b apply to the district judge for directions. 4 A request under paragraph (3)( a ) shall be made by lodging with the chief clerk an affidavit stating the relevant facts, and thereupon the judgment shall be set aside and the record of the entry of the judgment and of any proceedings for its enforcement shall be marked by the chief clerk accordingly. 5 An application under paragraph (3)( b ) shall be made ex parte by affidavit stating the facts on which the application is founded and any order or direction sought, and on the application the district judge may— a set aside the judgment; or b direct that, notwithstanding the return of the copy of the civil bill, it shall be treated as having been duly served, or c make such other order and give such other direction as the circumstances may require. Judgment against a State 8 1 Where the defendant is a State, as defined in section 14 of the State Immunity Act 1978 (“ the Act ”), the plaintiff shall not be entitled to enter judgment under this Order except with the leave of the district judge. 2 An application for leave to enter judgment shall be supported by an affidavit— a stating the grounds of the application, b verifying the facts relied on as excepting the State from the immunity conferred by section 1 of the Act, and c verifying that the civil bill has been served by being transmitted through the Foreign, Commonwealth and Development Office to the Ministry of Foreign Affairs of the State, or in such other manner as may have been agreed to by the State, and that the time for serving a notice of intention to defend, as extended by section 12(2) of the Act (by two months) where applicable, has expired. 3 The application may be made ex parte but the district judge hearing the application may direct an application to be issued and served on that State, for which purpose such a direction shall include leave to serve the application and a copy of the affidavit out of the jurisdiction. 4 Unless the district judge otherwise directs, an affidavit for the purpose of this Rule may contain statements of information or belief with the sources and grounds thereof, and the grant of leave to enter judgment under this Order shall include leave to serve out of the jurisdiction— a a copy of the judgment, and b a copy of the affidavit, where not already served. 5 The procedure for effecting service out of the jurisdiction pursuant to leave granted in accordance with this Rule shall be the same as for the service of the civil bill under Order 6A, rule 6(6), except where section 12(6) of the Act applies and an alternative method of service has been agreed. Judgments under the Civil Jurisdiction and Judgments Act 1982 9 1 Where a civil bill has been served out of the jurisdiction under Order 6A, rule 2(2) or has been served within the jurisdiction on a defendant domiciled in England and Wales or Scotland or in any other Convention territory the plaintiff shall not be entitled to enter judgment under this Order except with the leave of the district judge. 2 An application for leave to enter judgment may be made ex parte and shall be supported by an affidavit stating that in the deponent’s belief— a each claim made by the civil bill is one which by virtue of the Civil Jurisdiction and Judgments Act 1982 the judge or the district judge has power to hear and determine, b no other court has exclusive jurisdiction within the meaning of Schedule 1 or under Schedule 4 to that Act to hear and determine such claim, and c where the civi bill is served out of the jurisdiction under Order 6A, Rule 2(2), such service satisfied the requirements of Schedule 1 or, as the case may require, of Article 20 of Schedule 4 to that Act. and giving in each case the sources and grounds of such belief. 3 For the purposes of this rule, domicile is to be determined in accordance with the provisions of section 41 to 46 of the Civil Jurisdiction and Judgments Act 1982 and “ Convention territory ” means the territory or territories of any Contracting State, as defined by section 1(3) of that Act, to which the Conventions as defined in section 1(1) of that Act apply. Judgment in default of notice of intention to defend 10 1 A party entitled to judgment in default of service of a notice of intention to defend may enter judgment by lodging with the chief clerk the following documents— a the original civil bill by which the proceedings were commenced; b an affidavit of service or production of a copy of the civil bill endorsed by the defendant’s solicitor with a statement that he accepts service of the civil bill on the defendant’s behalf; c a certificate that a notice of intention to defend those proceedings in Form 42 was not received by him within 21 days after service of the Civil bill; d any affidavit or certificate filed under Rule 1(3) or 4(1) to (4); and e a decree drawn up by the party. 2 Where this Order enables a party to any proceedings to enter judgment on the production of any documents, the chief clerk shall not enter judgment by signing the decree until the documents which the party is required to produce are produced and the chief clerk is satisfied that they are in order. Default procedure not to apply to certain proceedings 11 1 Judgment under this Order may not be entered against a minor or a patient. 2 Except with the leave of the district judge, no judgment in default of service of a notice of intention to defend in Form 42 shall be entered: a against the Crown; or b where in any such proceedings as are mentioned in section 139(1)( b ) of the Consumer Credit Act 1974 the debtor or surety desires to have a credit agreement reopened. 3 An application for leave under paragraph (2) shall be made on notice to the other parties and must be served not less than seven days before the date fixed by the chief clerk for the hearing of the application for leave. Setting aside judgment 12 Without prejudice to Rule 7(3) and (4) and to Part III of Order 25, the judge or the district judge may, on such terms as he thinks just, set aside or vary any judgment entered in pursuance of this Order. PART II DAMAGES: ASSESSMENT AFTER JUDGMENT Assessment of damages by the district judge 13 1 Where judgment is given for damages to be assessed the damages shall, subject to the provisions of this Order, be assessed by the district judge. 2 The party entitled to the benefit of the judgment shall: i lodge with the chief clerk a certificate of readiness in Form 43 together with the medical or other reports upon which he will seek to rely at [ the assessment]; and ii issue a sumons in Form 70 and serve it, together with the medical or other reports upon which he will seek to rely at the assessment, on the other parties to the proceedings at least 7 days before the date fixed for assessment.] 2A Where a party against whom judgment has been entered wishes to be heard at the assessment he shall give notice in writing to the chief clerk and the other parties to the proceedings.] 3 Without prejudice to the powers of a district judge under Order 25, Part II, the attendance of witnesses and the production of documents before the district judge in proceedings under this Order may be compelled by witness summons in Form 110 in accordance with Order 24, Rule 9, and the provisions of Order 25 shall, with the necessary adaptations, apply in relation to those proceedings as they apply in relation to proceedings at a hearing. Judgment for amount of damages 14 Where damages are assessed by a district judge or judge, he shall give a decree for the amount of the damage so assessed. Default judgment against some but not all defendants 15 Where any judgement is entered in default of service of a notice of intention to defend in Form 42 under this Order and the proceedings continue against other defendants, the damages under the judgment entered shall be assessed at the hearing unless the judge or district judge, as the case may be, otherwise orders. Assessment of value 16 The foregoing Rules in this Order shall apply in relation to a judgement for the value of goods to be assessed, with or without damages to be assessed, as they apply to a judgment for damages to be assessed, and references in those Rules to the assessment of damages shall be construed accordingly. Assessment of damages to time of assessment 17 Where damages are to be assessed in respect of any continuing cause of action, they shall be assessed down to the time of the assessment.]. ORDER 13 Hearing of proceedings together and selected actions Generally 1 Actions or matters pending in the same court may be heard together by order of [ the judge or district judge as the case may be] of his own motion or on the application of any party on notice. Selected action, where several plaintiffs 2 1 Where several actions by different plaintiffs against the same defendant are proceeding in the same court in respect of causes of action arising out of the same breach of contract, wrong or other circumstances, the defendant may, on filing an undertaking to be bound, so far as his liability in the several actions is concerned, by the decision in such one of the actions as may be selected by [ the judge or district judge as the case may be], apply to [ the judge or district judge as the case may be] for an order to stay the actions, other than the one selected, until a decree is given in the selected action. 2 An application under this Rule shall be made on notice to the plaintiffs who would be affected by any order made thereon. Where a decree given in favour of defendant in selected action 3 1 If a decree in a selected action under Rule 2 is given in favour of the defendant, the defendant shall be entitled to his costs up to the date of the order staying proceedings against every plaintiff whose action is stayed, unless any such plaintiff gives notice to the chief clerk to enter his action for hearing. 2 On a decree in the selected action being given in favour of the defendant, the defendant shall send to every plaintiff a notice in Form 60 and, if any such plaintiff gives notice to the chief clerk to enter his action for hearing, the chief clerk shall appoint a day for the hearing and send notice thereof to both plaintiff and defendant before the beginning of a period of fourteen days ending on the day so appointed. Where decree given against defendant in selected action 4 1 If a decree in a selected action is given against the defendant, the plaintiff in any action stayed shall be at liberty to proceed for the purpose of ascertaining and recovering his debt or damages and costs. 2 On a decree in the selected action being given against the defendant, the chief clerk shall send to each plaintiff a notice in Form 61, and a plaintiff desiring to proceed shall, within one month from the date of the notice, give to the chief clerk notice to enter his action for hearing, and on receipt thereof the chief clerk shall appoint a day for the hearing and send notice thereof to both plaintiff and defendant before the beginning of a period of fourteen days ending on the day so appointed. Selected action where several defendants 5 1 Where several actions by the same plaintiff against several defendants are proceeding in the same court and the event of the action depends on the finding of [ the judge or district judge as the case may be] on some question common to all of them, [ the judge or district judge as the case may be] may at any time select one of them for hearing and stay proceedings in all the others until a decree is given in the selected action. 2 After a decree is given in the selected action, unless the plaintiff and the defendant in the other actions or any of them submit to a decree in accordance therewith, the other actions shall proceed. 3 On receipt of notice for the plaintiff or defendant in any such action to enter it for bearing, the chief clerk shall appoint a day for the hearing and shall send notice thereof to both plaintiff and defendant before the beginning of a period, of fourteen days ending on the day so appointed. Time for giving notice to enter action for hearing after decree in selected action 6 A notice under Rule 3, Rule 4 or Rule 5 to enter an action for hearing shall be given to the chief clerk within one month from the date on which the plaintiff or defendant giving the notice receives notice of the decree in the selected action or, where an appeal is made against the decree, of the decision given on the appeal. ORDER 14 Interlocutory applications [ PART I – GENERAL] [ General procedure 1 1 Where by any enactment or by direction of the court any application in the course of an action or matter is expressly or by implication authorised to be made to the court or to the judge or to the district judge or chief clerk, the following provisions shall apply— a the application shall be made either in or out of court and either ex parte or on notice in accordance with the terms of the relevant enactment or direction; b in the absence of any express provision to the contrary the application shall be determined by the judge (or district judge as the case may be) without a hearing, unless— i either party requests a hearing; or ii the judge (or district judge as the case may be) otherwise directs; c where either party requests that the application be dealt with by way of hearing, the party shall specify the reasons; d a party may within 14 days of service of the application, object to the application being determined without a hearing, by filing in court, a notice in writing specifying the reasons; e an objection made under sub-paragraph (d) shall be served on the other party; f unless an objection to the application being dealt with without a hearing is received within 14 days of service of the application on the other party, it will be assumed that the other party consents to the application being determined without a hearing (unless the judge or district judge otherwise directs); g where a request for a hearing under sub-paragraph (b) or an objection under sub-paragraph (d) is received, the application or objection shall be placed before the judge or district judge for consideration who may— i determine the application without a hearing and make such order as he considers just; or ii direct that the matter be listed for a hearing; h where an application is made on notice— i the notice shall be in writing and shall be served on the other party and filed in the Office before the beginning of a period of two days ending on the day of hearing of the application unless the judge or district judge or chief clerk dispenses with notice or gives leave for shorter notice; and ii the party serving the notice shall be responsible for ascertaining that the judge or district judge or, as the case may be, the chief clerk will be available to hear the application on the day, at the time and in the place for which notice is served; i where a district judge or chief clerk has made an order to which this Order applies, any party may make an application to the judge on notice to vary or rescind the order and on determination of the application the judge may— i confirm; ii vary; iii rescind the order; or iv make any other order as he thinks fit. 2 The jurisdiction of the court to determine any application in the course of an action or matter— a may, by direction or with the consent of the judge, be exercised by the district judge unless there is a provision to the contrary in any enactment; b shall, in an action which is within the jurisdiction of the district judge, be exercised by the district judge.] Power to impose terms 2 [ The judge] or, where the application is authorised to be made to the [ district judge] the [ district judge] may, as a condition of granting any application, impose such terms and conditions as he thinks fit and without prejudice to the generality of the foregoing provisions, may make orders requiring any party to— a give security; or b give an undertaking; or c pay money into court; or d give a power of re-entry; and may make such order as to costs as he considers just. Directions 3 In any action or matter [ the judge] or, where the application is authorised to be made to the [ district judge], the [ district judge] may at any time on the application on notice of any party or of his own motion give such directions as he thinks proper. Adjournment 4 1 [ The judge], or where the [ district judge] hears the original application the [ district judge], may at any time and from time to time upon application or of his own motion, adjourn the hearing of any proceedings or step in the proceedings either generally with liberty to re-enter or for such period not exceeding twelve months as will in his opinion best meet the ends of justice. 2 Notice of any such adjournment shall be given by the chief clerk to all parties and persons interested who are not present when the order is made. 3 If the hearing of the action or matter is adjourned generally, any party may apply to have a day fixed for the hearing and the chief clerk shall fix a day for the bearing and give notice to all the parties in Form 62. 4 If no application is made under the last foregoing paragraph within 12 months after the day on which the hearing of the action or matter was adjourned generally, the chief clerk may give notice to all parties in Form 279 and unless any party applies within 14 days after receipt of the notice to have a day fixed for the hearing or to have the hearing again adjourned and the application is granted, the action or matter shall be struck out. When defendant entitled to ask for security for costs 5 1 Where a defendant neither resides nor carries on business within the administrative court division in which an action or matter is commenced, he may apply in Form 63 to the [ district judge], in accordance with Rule 1, for an order directing the plaintiff to deposit in court a sum of money as security for his costs. 2 The application shall be sent to the chief clerk by post or otherwise [ . . .] within eight days of the service to the civil bill on him; together with an affidavit showing a defence on the merits and stating the grounds of defence. 3 If the [ district judge] refuses the application, the chief clerk shall send notice to the defendant in Form 64. 4 If the [ district judge] grants the application, he shall fix the amount of the security and the chief clerk shall send to the plaintiff a notice in Form 65. 5 Where a deposit is ordered— a if the deposit is duly made, the chief clerk shall send notice to the defendant in Form 66; b if the deposit is not duly made, the chief clerk shall send notice to the parties in Form 67, and the action or matter shall be struck out, and the defendant shall be entitled to recover the costs incurred by him before the receipt of Form 67, and if such costs are not paid within fourteen days after demand made therefor, [ the judge or district judge as the case may be] may on the application of the defendant give a decree for the amount of such costs together with the costs of the application to him: Provided that if the deposit is not made in due time, but is made later [ the judge or district judge as the case may be] may order the action or matter to be reinstated, and the chief clerk shall send notice thereof to the defendant and inform him on what day the action or matter will be heard. [ Application for interim injunction, etc 6 1 Where any party or intending party desires, before the hearing, an immediate order— a in the nature of an injunction; or b for the appointment of a receiver; or c for taking any accounts; or d for making any inquiries; he may apply to the judge or district judge on affidavit setting forth the facts rendering the order immediately necessary and the judge or district judge may make such order as he thinks fit. 2 Where a district judge makes an interim order under paragraph (1) above, the application must be brought before a judge within 7 days of that interim order being made.] Recovery of goods where lien claimed 7 1 Where in any action the plaintiff claims the recovery of specific property other than land and the defendant admits the title of the plaintiff but claims to retain the property by virtue of a lien or otherwise as security for the payment of a sum of money, [ the judge or district judge as the case may be] may order than the plaintiff be at liberty to pay into court, to abide the event of the action, the sum of money in respect of which the defendant claims to retain the property and such further sum (if any) for interest and costs as [ the judge or district judge as the case may be] may think fit, and may order that upon such payment into court the defendant shall return the property to the plaintiff. 2 This Rule shall with the necessary modifications apply to a counterclaim as it applies to a claim. Preservation, etc. of subject-matter 8 Where a prima facie case of liability under any contract is established, and there is alleged, as a matter of defence, a right to be relieved wholly or partially from that liability, [ the judge or district judge as the case may be] may make an order for the preservation or interim custody of the subject-matter of the action or may order that the amount in dispute be bought into court or otherwise secured. Order for detention, etc. 9 1 [ The judge] may, upon the application of any party to an action or matter, make any order for the detention, preservation, inspection, surveying, measuring, weighing or analysing of any property, document or thing, being the subject of the action or matter or as to which any question may arise therein, and may authorise any person to enter upon or into any land or building in the possession of any party to the action or matter, and authorise any samples to be taken, or any observation, plan, photograph or model to be made, or copy of a document or experiment to be made, which may be necessary or expedient for the purpose of obtaining full information or evidence. 2 Where an order is made for inspecting, surveying, measuring, weighing or analysing any property or making any copy of experiment, or taking any sample, or making any plan, photograph or model, by any person named in the order, the order may authorise the [ district judge] to examine upon oath and take the deposition of the person so named as to the result, accuracy or fairness of what he has done in pursuance of the order, and may also empower any party to give in evidence the deposition so taken. Order for sale of perishables, etc. 10 [ The judge or district judge as the case may be] may, upon the application of any party to an action or matter, order the sale by a person to be named in the order, of any subject-matter of the proceedings which— a is of a perishable nature; or b incurs charges for food or keep; or c ought for any other sufficient reason to be sold at once. [ Application under Article 42A(1) or 42B(3) of the Order 10A 1 An application for an order— a under Article 42A(1) of the Order in respect of property which may become the subject matter of subsequent proceedings in a county court or as to which any question may arise in any such proceedings, or b under Article 42B(3) of the Order in respect of property which is not the property of or in the possession of any party to the proceedings, shall be made by notice in writing in Form 70A and the person against whom the order is sought shall be respondent to the application. 2 The notice shall be filed with the chief clerk and shall be served on the respondent, and in the case of an application under Article 42B(3) on the parties to the proceedings at least 7 days before the date fixed for hearing. 3 The notice shall be supported by an affidavit which must specify or describe the property in respect of which the order is sought and show, if practicable by reference to any civil bill (or other originating process) served or intended to be served in the proceedings or subsequent proceedings, that it is property which is or may become the subject matter of the proceedings or as to which any question arise or may arise in the proceedings. 4 A copy of the supporting affidavit shall be served with the notice on every person on whom, the notice is required to be served. 5 An order made under Article 42A(1) or 42B(3) may be made conditional on the applicant giving security for the costs of the person against whom it is made or on such other terms, if any as the court thinks just. 6 No such order shall be made if it appears to the court— a that compliance with the order, if made, would result in the disclosure of information relating to a secret process, discovery or invention not in issue in the proceedings and; b that the application would have been refused on that ground if— i in the case of an application under Article 42A(1), the subsequent proceedings had already been begun, or ii in the case of an application under Article 42B(3) the person against whom the order is sought were a party to the proceedings]. The European Intellectual Property Directive 10B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Preparation of order, etc. 11 1 A draft of an order under [ Rule 6, 7, 8, 9, 10 or 10A] shall be prepared by the party making the application and shall be settled, signed and sealed by the chief clerk or, where the order is made by [ the judge or district judge as the case may be] of his own motion, the chief clerk shall prepare, sign and seal the order. 2 The order when signed and sealed shall be filed by the chief clerk who shall issue a certified copy to the applicant or his solicitor for service. [ PART II Mediation Interpretation 12 In this Part of this Order— a “ an ADR process ” means mediation, conciliation or another dispute resolution process approved by [ the judge], but does not include arbitration; b “[ judge]” includes District [ judge]; and c “ party ” includes the personal representative of a deceased party. Adjournment of proceedings for the purposes of ADR 13 1 Without prejudice to rule 4, [ the judge], on the application of any of the parties or of his own motion, may, when [ the judge] considers it appropriate and having regard to all the circumstances of the case, order that proceedings or any issue therein be adjourned for such time as [ the judge] considers just and convenient and— a invite the parties to use an ADR process to settle or determine the proceedings or issue; or b where the parties consent, refer the proceedings or issue to such process, and may, for the purposes of such invitation or reference, invite the parties to attend such information session on the use of mediation, if any, as [ the judge] may specify. 2 Where the parties decide to use an ADR process, [ the judge] may make an order extending the time for compliance by any party with any provision of these Rules or any order of [ the judge] in the proceedings, and may make such further or other orders or give such directions as [ the judge] considers will facilitate the effective use of that process. Application for an order under rule 13 14 An application by a party for an order under rule 13 shall be made by notice of motion and shall, unless [ the judge] otherwise orders, be supported by an affidavit. Time limit for an application under rule 13 15 Save where [ the judge] for special reason to be stated in [(a) the judge’s] order allows, an application for an order under rule 13 shall not be made later than 56 days before the date on which the proceedings are first listed for hearing.] ORDER 15 Discovery, inspection and production of documents Discovery of documents 1 1 Within 14 days of further particulars being furnished in accordance with Order 5 rule 3(2) there shall, subject to and in accordance with the provisions of this Order, be discovery by any party to any proceedings of the documents which are or have been in their possession, custody or power relating to any matter in question in the proceedings. 2 Nothing in this Order shall be taken as preventing the parties agreeing to dispense with or limit the discovery of documents which they would otherwise be required to make to each other. 2A Subject to the provisions of this rule, the parties to proceedings must make discovery by exchanging lists of documents in Form 68 which are or have been in his possession, custody or power relating to any matter in question between them in the proceedings. 2B Without prejudice to any directions given by the district judge under Order 11 rule 2B, paragraph (2A) shall not apply in third party proceedings, including proceedings under that Order involving fourth or subsequent parties. 2C Unless the chief clerk, judge or district judge otherwise orders, in any proceedings where liability is admitted or where the proceedings arise out of an accident on land due to a collision or apprehended collision involving a vehicle, discovery shall be limited to disclosure of any documents in relation to special damage. 2D Paragraph (2A) shall not be taken as requiring a defendant in proceedings for the recovery of any penalty recoverable by virtue of any enactment to make discovery of any documents. 2E Paragraphs (2C) and (2D) shall apply in relation to a counterclaim as they apply in relation to any proceedings. 2F On the application to the chief clerk of any party required by this rule to make discovery of documents, the chief clerk, or where the application has been referred to the judge or district judge in chambers, the judge or district judge may— a order that the parties to the action or any of them shall make discovery under paragraph (2A) of such documents or classes of documents only, or as to such only of the matters in question, as may be specified in the order; or b if satisfied that discovery by all or any of the parties is not necessary, or not necessary at that stage of the action, order that there shall be no discovery of documents by any or all of the parties either at all or at that stage; and the chief clerk, judge or district judge shall make such an order and so far as he is of the opinion that discovery is not necessary either for disposing fairly of the proceedings or for saving costs. 2G An application for an order under paragraph (2F) may be made to the chief clerk ex parte without notice and before the expiration of the period within which, by virtue of this rule, discovery of documents in the action is required to be made. 3 If any party fails to comply with paragraphs (1) and (2A) the other party may apply to the chief clerk ex parte without notice for an order directing the other party to make discovery.] [ . . .] 5 On the receipt of an application [ under paragraph (3)] the chief clerk may: a make an order directing the other party to make discovery; or b refer the application to [ the judge or district judge as the case may be] in chambers. 6 The chief clerk, or where the application has been referred to [ the judge or district judge as the case may be] in chambers, [ the judge or district judge as the case may be] may order discovery in Form 68 to be verified by affidavit in Form 68C and made either generally or limited to certain classes of documents as he thinks fit, but discovery shall not be ordered if and so far as it appears that it is not necessary either for disposing fairly of the proceedings or for saving costs. 7 The chief clerk shall notify the applicant of the outcome of his application. 8 If an order for discovery is made it shall be drawn up by the chief clerk in Form 69, and served by the applicant on the party against whom it is made. 9 Any party to the proceedings may on giving at least five days’ notice in writing to the other party, appeal to [ the judge or district judge as the case may be] against a decision of the chief clerk to make an order directing discovery, and pending the outcome of the appeal the order made by the chief clerk shall be stayed. [ . . .] 11 Any order made under this Order (including an order made on appeal) may on sufficient cause being shown be revoked or varied by a subsequent order or direction of [ the judge or district judge as the case may be] made or given at or before the trial of the cause or matter in connection with which the original order was made. 12 A party who has provided a list of documents in compliance with this rule must allow the other party to inspect the documents included in Part I of Schedule 1 to, such list and to take copies thereof. 13 Without prejudice to Rule 9, a party who has provided a list of documents in compliance with this rule, shall not afterwards be at liberty to put in evidence any document not included in Part I of Schedule 1 to such list unless he satisfies [ the judge or district judge as the case may be] that he had some cause or excuse which [ the judge or district judge as the case may be] deems sufficient for not including such document, in which case [ ) the judge or district judge as the case may be] may allow the document to be put in evidence on such terms as to costs or otherwise, as he thinks fit.] Inspection of documents 2 1 Any party to any proceedings may at any time give to the other party notice to produce any document in his possession, [ custody] or power which is relevant to the issues, [ and which has not been discovered under Rule 1], for the inspection of the party giving the notice and to permit him to take copies thereof. 2 Any party not complying with such a notice shall not afterwards be at liberty to put any such document in evidence unless he satisfies [ the judge or district judge as the case may be] that he had some cause or excuse which [ the judge or district judge as the case may be] deems sufficient for not complying with the notice, in which case [ the judge or district judge as the case may be] may allow the document to be put in evidence on such terms as to costs and otherwise as he thinks fit. 3 The party to whom such notice is given shall [ . . .] within four days from the receipt of the notice, deliver to the party giving the same a notice stating a time within three days from the delivery thereof and the place at which the document or such of them as he does not objected produce may be inspected and stating which if any, of the documents he objects to produce and on what grounds. 4 The inspection shall be given— a where a party is not acting by his solicitor, at his residence or place of business; or b where a party is acting by a solicitor, at the solicitor’s address for service; but inspection of bankers’ books or other books of account or books in constant use for the purposes of any trade or business shall be given at their usual place of custody. 5 If any party served with a notice under paragraph (1) omits to give notice of a time and place for inspection in accordance with paragraphs (3) and (4), [ the judge or district judge as the case may be] may on application make an order for inspection at such time and place as he thinks fit. 6 An application to inspect documents [ . . .] shall be supported by an affidavit showing— a of what documents inspection is sought; b the grounds on which inspection of them is sought; and c that they are in the possession or power of the other party; but [ the judge or district judge as the case may be] shall not make an order for inspection if and so far as he is of opinion that it is not necessary either for disposing fairly of the proceedings or for saving costs. Business books 3 1 Where inspection of any business books is applied for, [ the judge or district judge as the case may be] may, if he thinks fit, instead of ordering inspection of the original books, order a copy of any entries therein to be furnished and verified by the affidavit of some person; who has examined the copy with the original entries, and the affidavit shall state whether or not there are in the original book any and if so what erasures, interlineations or alterations. 2 Notwithstanding that a copy has been supplied under paragraph (1), [ the judge or district judge as the case may be] may order inspection or production of the book from which the copy was made. Privilege 4 Where privilege is claimed for any document, [ the judge or district judge as the case may be] may inspect the document for the purpose of deciding whether the claim of privilege is valid. Possession of specified documents 5 1 [ The judge or district judge as the case may be] may, on the application of any party to proceedings at any time and whether [ a list of] documents has or has not already been ordered or made, make an order requiring any other party to state by affidavit whether any particular document or class of documents, specified or indicated in the application, is or has at any time been in his possession, custody or power, and if not then in his possession, custody or power, when he parted with the document or documents and what has become of it or them. 2 The application shall be supported by affidavit stating that in the belief of the deponent, the party against whom the application is made has, or at some time has had, possession, custody or power of the particular document or class of documents specified or, indicated in the application, and that it relates to a matter in question in the proceedings. Application-under Article 42A(2) or 42B(2) of the Order 5A 1 An application for an order a under Article 42A(2) of the Order for the disclosure of documents before the commencement of proceedings; or b under Article 42B(2) of the Order for the disclosure of documents by a person who is not party to the proceedings, shall be made by notice in writing in Form 68D and the person against whom the order is sought shall be the respondent to the application. 2 The notice shall be filed with the chief clerk and shall be served on the respondent and in the case of an application under Article 42B(2) on the parties to the proceedings at least 7 days before the date fixed for hearing. 3 The notice shall be supported by an affidavit which must— a in the case of an application under Article 42A(2) state the grounds on which it is alleged that the applicant and the respondent are likely to be parties to subsequent proceedings in the court in which a claim in respect of personal injuries is likely to be made; b in any case, specify or describe the documents in respect of which the order is sought and how, if practicable by reference to any civil bill (or other originating summons) served or intended to be served in the proceedings, that the documents are relevant to an issue arising or likely to arise out of a claim for personal injuries made or likely to be made in the proceedings and that the person against whom the order is sought is likely to have or have had them in his possession, custody or power. 4 A copy of the supporting affidavit shall be served with the notice on every person on whom the notice is required to be served. 5 An order under the said Article 42A(2) or 42B(2) for the disclosure of documents shall be in Form 68E; and a may be made conditional on the applicant giving security for the costs of the person against whom it is made or on such other terms, if any, as the court thinks just; b shall require the person against whom the order is made to make an affidavit stating whether any documents specified or described in the order are, or at any time have been in his possession, custody or power and if not then in his possession, custody or power, when he parted with them and what has become of them. 6 No person shall be compelled by virtue of such an order to produce any documents which he could not be compelled to produce a in the case of an application under Article 42A(2), if the subsequent proceedings had already been begun; or b in the case of an application under Article 42B(2) if he had been served with a writ of subpoena duces tecum to produce the documents at trial. 7 In this rule “ a claim for personal injuries ” means a claim in respect of personal injuries to a person or in respect of a person’s death.] Postponement of discovery 6 [ The judge or district judge as the case may be] may postpone any application for discovery or inspection of documents until after the determination of any issue or question in dispute. Security 7 1 A party making application for discovery of documents may be ordered to pay into court as security such sum as [ the judge or district judge as the case may be] thinks fit. 2 An order for discovery shall state the amount ordered to be paid into court, or that payment into court is dispensed with and, where payment into court is ordered, the party seeking discovery shall within the order for discovery serve a copy of the receipt for the payment into court, and the party from whom discovery is sought shall not be bound to make discovery unless and until the said copy has been served. Order for production of documents 8 [ The judge or district judge as the case may be] may at any stage of the proceedings order the production upon oath by any party thereto of any documents in his possession, custody or power, relating to any question in the proceedings, and [ the judge or district judge as the case may be] may deal with the documents when produced in such manner as he considers just. Non-compliance with the order 9 Where an order for discovery, inspection or production of documents is not complied with, [ then [ the judge or district judge as the case may be] may make such order as he thinks just, including, in particular, an order that the proceedings be dismissed or, as the case may be, an order that the notice of intention to defend be struck out and judgment be entered accordingly.] Outlay and fees on proceedings under this Order 10 No outlay or fees incurred or paid by any party on or in connection with any proceedings under this Order shall be repaid to that party by any other party to the proceedings unless [ the judge or district judge as the case may be]— a is satisfied that in the circumstances of the case it was necessary or expedient to invoke the provisions of this Order; and b makes an order requiring such repayment. Order to apply to minors 11 This order shall apply to minor plaintiffs and defendants and their next friends and guardians ad litem. [ PART II INTERROGATORIES [ Discovery by interrogatories 12 1 Any party to any proceedings may in accordance with the following provisions of this Part serve on any other party interrogatories relating to any matter in question between the applicant and that other party in the proceedings which are necessary either— a for disposing fairly of the proceedings; or b for saving costs. 2 Without prejudice to the provisions of paragraph (1), a party may apply to the judge or district judge as the case may be on notice for an order giving him leave to serve on any other party interrogatories relating to any matter in question between the applicant and that other party in the proceedings. 3 A proposed interrogatory which does not relate to such a matter as is mentioned in paragraph (1) shall be disallowed notwithstanding that it might be admissible in oral cross-examination of a witness. 4 Interrogatories shall be answered on affidavit (unless the judge or district judge directs otherwise) and the affidavit shall be delivered to the applicant within the time specified in the— a interrogatories (not being less than 21 days from the date of service); or b order. 5 In this Part— “ interrogatories without order ” means interrogatories served under paragraph (1); “ ordered interrogatories ” means interrogatories served under paragraph (2) or interrogatories which are required to be answered pursuant to an order made on an application under rule 12A(2) and, where such an order is made, the interrogatories shall not, unless the judge or district judge orders otherwise, be treated as interrogatories without order for the purposes of rule 12A(1). 6 Unless the context otherwise requires, the provisions of this Part apply to both interrogatories without order and ordered interrogatories.] [ Interrogatories without order 12A 1 Interrogatories without order may be served on a party not more than twice. 2 A party on whom interrogatories without order are served may, within 14 days of service of the interrogatories, apply to the judge or district judge for the interrogatories to be varied or withdrawn and, on any such application, the judge or district judge may make such order as he thinks fit (including an order that the party who served the interrogatories shall not serve further interrogatories without order). 3 Interrogatories without order shall not be served on the Crown. Ordered interrogatories 12B 1 Where an application is made for leave to serve interrogatories, a copy of the proposed interrogatories shall be served with the notice of application and filed in the Office before the beginning of a period of two days ending on the day of hearing of the application. 2 In deciding whether to give leave to serve interrogatories the judge or district judge shall take into account any offer made by the party to be interrogated to give particulars or to make admissions or to produce documents relating to any matter in question and whether or not interrogatories without order have been administered. 3 If an order is made granting leave to serve interrogatories it shall be drawn up by the applicant in Form 69A and shall be signed and sealed by the chief clerk who shall file the order and issue a certificate copy to the applicant or his solicitor for service.] Interrogatories where party is a body of persons 13 Where a party to any proceedings is a body of persons, whether corporate or unincorporate, being a body which is empowered by law to, sue or be sued whether in its own name or in the name of any officer or other person, [ the judge or district judge as the case may be] may, on the application of any other party, make an order allowing him to serve interrogatories on such officer or member of the body as may be specified in the order. Statement as to party, etc., required to answer 14 Where interrogatories are to be served on two or more parties or are required to be answered by an agent or servant of a party, a note at the end of the interrogatories shall state which of the interrogatories each party or, as the case may be, an agent or servant is required to answer, and which agent or servant. Objection to answer on ground of privilege 15 Where a person objects to answering any interrogatory on the ground of privilege he may take the objection in his affidavit in answer. Insufficient answer 16 If any person on whom interrogatories have been served answers any of them insufficiently, [ the judge or district judge as the case may be] may on application make an order requiring him to make a further answer, and either by affidavit or on oral examination as [ the judge or district judge as the case may be] may direct. Failure to comply with order 17 Where a party— a against whom an order is made under Rule 12 or Rule 16; or b on whom interrogatories without order have been served, fails to comply with Rule 12(4), the judge or district judge, as the case may be, may make such order as he thinks just including, in particular, an order that the action be dismissed or, as the case may be, an order that the notice of intention to defend be struck out and judgment entered accordingly. Use of answers to interrogatories at trial 18 A party may put in evidence at the trial of the proceedings, or of any issue therein, some only of the answers to interrogatories, or part only of such an answer, without putting in evidence the other answers or, as the case may be, the whole of that answer, but [ the judge or district judge as the case may be] may look at the whole of the answers and if of the opinion that any other answer or other part of an answer is so connected with an answer or part thereof used in evidence that the one ought not to be so used without the other, [ the judge or district judge as the case may be] may direct that that other answer or part shall be put in evidence.] ORDER 16 Sitting in chambers 1 [ The judge or district judge as the case may be] may sit in chambers at any time and place and before, at or after the ordinary sittings of his court for the despatch of such part of the jurisdiction of his court as can without detriment to the public interest be heard in chambers, or for such matters as [ the judge or district judge as the case may be] shall from time to time think may be more conveniently disposed of in chambers than in open court. Adjournment from court to chambers and vice versa 2 1 [ The judge or district judge as the case may be] may when sitting in open court adjourn for consideration in chambers any matter which in his opinion would be more conveniently disposed of in chambers. 2 [ The judge or district judge as the case may be] may when sitting in chambers direct any matter to be heard in open court which he thinks ought to be so heard. Mode of proceeding 3 Unless otherwise provided, every application at chambers not made ex parte shall be made by summons in Form 70. ORDER 17 References, accounts and inquiries PART I REFERENCES UNDER ARTICLE 32 OF THE ORDER Order for reference 1 1 An order under Article 32 of the Order for the reference of any proceeding or question or matter of account to the [ district judge] or other officer (in this Order referred to as “ the officer ”) for inquiry or report may be made at any stage of the proceedings by [ the judge] of his own motion or on the application of any of the parties. 2 In making an order for such a reference, [ the judge] may give all such directions as he thinks fit as to the time and place of the sittings thereof, notices to the parties affected thereby, the summoning of witnesses and the time and place for the consideration of the report thereon. Conduct of reference 2 1 Subject to any order of [ the judge] as to the conduct of the reference— a the officer shall hear any parties entitled to attend, and their counsel or solicitors; b the officer may inspect any property or thing concerning which any question arises; c the attendance of witnesses may be enforced by summons and the inquiry shall be conducted in the same manner, as nearly as circumstances permit, as if the inquiry were the hearing of an action; d subject to the provisions of paragraph (3), the officer shall have the powers of a judge with respect to the administration of oaths, taking of affidavits, discovery and production of documents and in the conduct of the inquiry; e the officer may submit or may direct any of the parties to submit for the decision of [ the judge] any question arising in the inquiry. 2 Where a matter of account is referred to the officer, the officer, in addition to any powers conferred by paragraph (1), may— a direct any accounting party to make out and furnish his account within a time to be stated; b give directions as to the manner in which the account is to be taken or the inquiry made and as to the bringing of all necessary parties before the court; c direct and settle advertisements to be published for creditors or persons having or claiming an interest in the subject-matter of the proceedings; d direct that any books of account, in which any account required to be taken has been kept, shall be taken as prima facie evidence of the truth of the matter therein contained; e fix a time for adjudicating on claims; f give such other directions as he may think proper. 3 Nothing in this Rule shall authorise the officer to commit any person to prison, or to enforce any order by attachment. Application of provisions of Part II 3 [ The judge] may direct that any of the provisions of Part II which he considers appropriate shall apply to any particular reference under this Part. PART II ACCOUNTS AND INQUIRIES IN EQUITY PROCEEDINGS Form of primary decree 4 A primary decree in equity proceedings directing accounts to be taken or inquiries to be made shall be in such one of Forms 71 to 79 as is applicable to the case. General account 5 Unless [ the judge] otherwise orders, every order for a general account of the estate of a deceased person shall direct an inquiry as to what parts (if any) of such estate are outstanding or undisposed of. Taking of accounts and making, inquiries 6 1 Where a primary decree in equity proceedings directs that an account be taken or inquiries made— a the account shall be taken and the inquiries shall be made by the [ district judge] (in this Part referred to as “ the officer ”); b the provisions of Rule 2 shall apply; and c the officer shall direct the chief clerk to issue a summons to proceed in Form 70 addressed to all parties required or entitled to attend directing their attendance at such courthouse or other place which the officer considers to be convenient to the parties; and such summons shall be prepared and served by the party or solicitor having carriage of the proceedings and shall be returnable not less than fourteen days from the date of issue. 2 Where an account is directed to be taken— a the accounting party shall, unless [ the judge] otherwise directs, make out his account in writing and verify it by affidavit; b the items on each side of the account shall be numbered consecutively; and c the account shall be exhibited to the affidavit which shall be lodged in the Office. Advertisements 7 1 Where an advertisement is published for creditors, incumbrancers, next-of-kin or persons having or claiming interests in the subject-matter of the proceedings, the advertisement shall direct the claimants to send to the officer or to the solicitor having carriage within a stated time their names and addresses and full particulars of their claims, and the nature of the security (if any) held by them, and shall fix a date for adjudicating on the claims. 2 The officer may direct and settle any such advertisement at the time of the issue of any summons to proceed or at any hearing of the reference and such advertisement shall before the beginning of a period of fourteen days ending on the date for adjudication on claims be inserted by the party or solicitor having carriage of the proceedings in such newspapers as the officer shall direct. 3 On the expiration of the time fixed by the advertisement the officer may— a require an affidavit from the party or solicitor having carriage as to any claims received by him pursuant to the advertisement and as to the result of the investigation by that party or solicitor of any such claim: b adjudicate on the claims having regard only to those claims of which he then has notice. Pedigree and proofs 8 On a request by notice in writing from the officer, every person claiming as heir-at-law, devisee, next-of-kin or legatee shall, within such time as is specified in the notice, produce or transmit to the officer any pedigree or proof mentioned in such notice. Surcharge 9 A party seeking to charge an accounting party beyond what he has by his account admitted to have received, shall give notice to the accounting party stating the amount sought to be charged and particulars thereof and shall file a copy of such notice in the Office. Claims of creditors 10 1 The officer may in Form 80 require any creditor— a to file an affidavit in support of his claim; or b to attend at the time appointed for adjudicating on claims; or c to produce at any time appointed for adjudicating on claims any, deeds or documents required to prove his claim. 2 Every secured creditor shall deliver his security at the Office before, or attend and produce his security at, the time appointed for adjudicating on claims. 3 At the time appointed for adjudicating on the claims, the officer shall take the evidence of the executor, administrator or other accounting party upon the claims, and may— a allow any of the claims without further proof, b direct an investigation of all or any of the claims not allowed and require such further particulars, information or evidence relating thereto as he may think fit; and c require any claimant to attend and prove his claim. 4 The officer shall give notice in Form 81 to every claimant whose claim has not been allowed. 5 The officer may allow to a claimant the costs of proving his, claim and any costs so allowed may be added to the claim. Right of application to [ the judge] 11 Any party may, before the proceedings before the officer are concluded, apply by way of motion on notice to [ the judge] for his ruling upon any matter arising in the course of the proceedings. Report to [ judge] 12 1 The report of the reference shall be made by the officer by certificate, in writing to [ the judge] in such one of Forms [ 82] to 86 applicable, and the certificate shall lie in the Office and may be inspected by any party, and a copy shall be supplied to any party on payment of the prescribed fee. 2 The party or solicitor having carriage of the proceedings shall, in such manner as the officer directs, give notice in Form 87 to all parties to the proceedings that the certificate may be inspected in the Office by any parties interested therein or affected thereby. 3 Any party to the proceedings— a may apply on not less than eight days’ notice for the consideration by [ the judge] of the officer’s certificate; b may, on giving at least four days’ notice to the chief clerk and the other parties, apply in Form 88 to [ the judge] on the day fired for the consideration of the certificate for a variation of the certificate or for the remittal of the certificate or any part of it for further inquiry or report. 4 On the hearing of an application for the variation or remittal of a certificate or any part of it, [ the judge] may confirm or vary the certificate and may make such order thereon in such one of Forms 89 to 96 or otherwise as he thinks fit or may remit it or any part of it to the officer for further inquiry or report. 5 Where no application is made to vary the certificate, [ the judge] shall, unless he otherwise orders, confirm the certificate and may make such order thereon as he thinks fit. Order on applications for administration or execution of trusts, etc. 13 On an application for the administration of the estate of a deceased person or the execution of a trust or otherwise involving the taking of an account, where no accounts or insufficient accounts have been rendered, without prejudice to any other power, [ the judge]— a may order that the application shall stand over for a certain time, and that in, the meantime the accounting parties shall render to the applicant a proper statement of their accounts, and any such order shall contain an intimation that in default of compliance, the accounting parties may be ordered to pay the costs of the proceedings or such part thereof as [ the judge) may think fit; b where necessary to prevent proceedings by other persons, may make an order with a proviso that no proceedings are to be taken thereunder without leave of [ the judge]. Interpretation 14 In this Part “ claimant ” includes creditor and person having or claiming an interest in the subject-matter of the proceedings. ORDER 18 Receivers Appointment 1 Where before, at or after the hearing of any proceedings it appears to [ the judge] expedient that a receiver be appointed, such appointment may be made by [ the judge] of his own motion or on the application of a party. Security 2 Every receiver other than an officer of the court shall, unless otherwise ordered, give such security to the [ district judge] for the faithful discharge of his duties, and the payment over of money, as [ the judge] shall direct. Remuneration 3 Every receiver shall receive such reasonable remuneration as [ the judge] may authorise. Accounts 4 1 Every receiver shall deliver at the Office for examination by the district judge such accounts at such time or times as [ the judge] or [ district judge] may direct. 2 Where the duties of a receiver are continuous, no longer period than one year shall in any case be allowed between each examination of accounts. 3 Every such account shall, unless otherwise ordered, be verified by affidavit. 4 When any such account has been delivered, the chief clerk shall fix a time for the passing of the account and shall give notice thereof to the receiver and to the parties. Passing account 5 At the time appointed for the passing of the account, the-receiver and any party may, and if required by the [ district judge] shall, attend at the Office and the [ district judge] may require the receiver to produce any vouchers necessary for verifying the account and may disallow any item not proved to his satisfaction. Certificate of [ district judge] 6 The [ district judge] shall after examining the account make and sign a certificate stating the result of the examination. Review by judge 7 The receiver or any person dissatisfied with the allowance or disallowance by the [ district judge] of any item in the account may within eight days from receiving notice of the signing of the certificate under Rule 6 apply to [ the judge] on notice for a review of the decision of the [ district judge], and the judge may make such order on the application as he thinks fit. Direct payments by receiver 8 [ The judge] may order the receiver— a to pay from time to time out of any sums that may be in or come into his hands the head rents or other outgoings payable in respect of, and the interest upon, any mortgages or other charges upon any lands over which he is acting as receiver; b to pay over at any time to the party entitled to the beneficial interest or to the guardian of any minor any accruing rents or interest instead of paying them into court; and may authorise the receiver to take credit for such payments in his accounts. Payment of balance into court 9 Any balance certified to be due from the receiver shall, subject to any direction given by [ the judge] on review under Rule 7, be paid into court within fourteen days from the date of the certificate of the [ district judge]. Default by receiver 10 Where any receiver has failed to deliver or pass any account or to make any payment certified to be due from him, [ the judge] may require the receiver to attend before him to show cause why such default has been made and may make such order as he thinks fit, including an order for enforcing any bond or security given by the receiver, and a direction to charge the receiver with interest at five per centum per annum on any balance which has remained in his hands for more than fourteen days from the date on which it was certified to be due, or [ the judge] may discharge the receiver and appoint another, and may make such order as to costs as he thinks just. ORDER 19 Assessors Application for an assessor 1 A party who desires a person of skill and experience in the matter to which the proceedings relate to be appointed as an assessor to assist [ the judge] shall, before the beginning of a period of eleven days ending on the day fixed for the hearing, on notice to the other party lodge in the Office an application together with the amount of the assessor’s fee, and thereupon the chief clerk shall send a copy of the application to [ the judge]. Appointment of assessor 2 1 Before giving his decision on the application, [ the judge] may hear both parties. 2 If [ the judge] grants the application, the chief clerk shall give notice to the parties and shall appoint such person who is willing to act as may be agreed upon by the parties or in default of agreement as may be specified by [ the judge]. Refusal of application 3 If the application is refused, the chief clerk shall so inform the parties. Absence of assessor 4 If at the time and place appointed for the hearing the assessor appointed does not attend, [ the judge] may hear the action or matter without his assistance. [ Remuneration 5 Every assessor shall receive for each half day’s attendance a fee of— a £34.10 as from 13 February 2017; or b £34.61 as from 13 February 2018. together with such sum for his expenses as the judge or district judge may order.] Fees for adjourned hearing 6 Where a hearing at which an assessor is in attendance is adjourned, the, party who applied for the appointment of an assessor shall forthwith upon the order of adjournment being made deposit in the Office the assessor’s fee for the day to which the hearing is adjourned. Costs 7 Any sum paid in respect of assessor’s fees shall be costs in the proceedings, unless the judge otherwise orders. Pilotage Act 1913 8 This Order shall not apply to an appeal under section 28 of the Pilotage Act 1913 . ORDER 20 Arbitration Fixing of date 1 Where proceedings are, in accordance with Article 31 of the Order, ordered to be referred to arbitration, the chief clerk shall cause the order to be forthwith lodged with the arbitrator thereby appointed who shall within fourteen days thereafter fix the date of the hearing after consultation with the parties or their solicitors. Conduct of arbitrations 2 Every such reference shall be conducted as nearly as may be in the same manner and in accordance with the same rules and practice as a hearing by a [ judge]. Restriction on provision of copies of deeds, etc. 3 Where original deeds or documents are available, copies shall be brought in only by special direction of the arbitrator. Arbitrator’s powers of adjournment, inspection, etc. 4 The arbitrator may hold the hearing at or adjourn it to any place which he may deem most convenient and may have any inspection or view which he may deem expedient for the better disposal of the matter before him. Report to [ judge]; [ judge’s] powers thereon 5 The arbitrator to whom any cause or matter or any question or issue of fact arising therein has been referred may by his report submit any question arising out of the reference for the decision of [ the judge] or state any facts specially with power to [ the judge] to draw inferences therefrom, and in any such case such order shall be made on the submission or statement as [ the judge] may direct; and [ the judge] shall have power to require any explanations or reasons from the arbitrator, and to remit the cause or matter or any part thereof for further consideration to the same or to any other arbitrator; or [ the judge] may decide the question referred to any arbitrator on the evidence taken at the hearing under such reference either with or without additional evidence as [ the judge] may direct. Witnesses’ expenses 6 The expenses of witnesses shall be measured by the arbitrator, as nearly as possible in accordance with the scales prevailing in the court from which the arbitration is referred and such expenses shall be set forth in the award and shall be subject to review by [ the judge]. ORDER 21 Discontinuance [ , Settlement] and payment into and out of court Discontinuance by plaintiff 1 1 If a plaintiff desires to discontinue wholly or in part any proceedings against all or any of the parties thereto, he shall give notice thereof in writing to the party or parties as to whom he desires to discontinue, and pay or tender therewith the costs incurred by the party or parties up to the giving of the notice. 2 Where the payment or tender of costs is not made at the time of discontinuance of the proceedings or is insufficient, the defendant may apply to the court at which the proceedings are or would have been heard for a decree against the plaintiff for such costs and for the costs of attending the court to obtain such decree, and [ the judge or district judge as the case may be] may make such order as to costs as, having regard to any tender made by the plaintiff or other circumstances, he thinks just. 3 Where proceedings are not wholly discontinued against a party, costs awarded for the discontinued part of the proceedings shall not without leave of [ the judge or district judge as the case may be] be recovered before the proceedings are disposed of. 4 Discontinuance under this Rule shall not be a defence to any subsequent proceedings, but if subsequent proceedings are brought for substantially the same cause of action before the payment of the costs of the discontinued proceedings, [ the judge or district judge as the case may be] may stay the proceedings until the costs have been paid. [ Notice of Settlement 1A 1 This rule applies to proceedings— a in which only a debt or liquidated amount is claimed; b in which only unliquidated damages are claimed; but does not apply to any proceedings in which any of the parties is a litigant in person or in which money or damages are claimed by or on behalf of or for the benefit of a minor or patient suing either alone or in conjunction with other parties. 2 In any proceedings to which this rule applies, if all the parties consent, a solicitor for any of the parties may at any time up to the hearing make application in Form 98A on behalf of his client to the chief clerk to have entered in the order book of the court a settlement reached by the parties in those proceedings. 3 An application in Form 98A shall be signed by the solicitors retained by each of the parties to the proceedings. 4 An application in Form 98A shall state— a the title to the proceedings; b where it is known, the number allocated to the proceedings; c the terms of the settlement in respect of the amount to be recovered and by whom it is to be recovered; d the terms of the settlement in respect of costs and witness expenses; e in any proceedings where a set-off or a counterclaim is alleged, whether the amount of the set-off or counterclaim has been deducted; and f to whom any money lodged in court under Order 21 Rule 2 is to be paid. 5 Where proceedings have been commenced on behalf of a minor by his next friend and the minor has since the date of the commencement of the proceedings, attained his majority, his birth certificate shall be attached to the application made in Form 98A. 6 On receipt of an application in Form 98A, if he is satisfied that the application is in order, the chief clerk shall cause the settlement to be entered in the order book of the court. 7 Where a settlement has been entered in the order book of the court pursuant to an application under paragraph (2) any party to the proceedings may apply to the chief clerk in writing for the issue of a decree or dismiss therein.] Payment into court 2 1 A defendant in any action may, subject to this Rule, [ [ upon] giving notice to] the plaintiff in Form 97 lodge in court in accordance with paragraph (2) such sum of money as he thinks sufficient to satisfy the plaintiff’s claim, together with an undertaking in writing to pay to the plaintiff such sum in respect of costs and expenses reasonably incurred by the plaintiff up to the date of lodgment as may be agreed upon between the parties, or in default of agreement as may on the application of either party in Form 99, and if necessary after both parties have been heard, be settled by the [ district judge]. 1A Where a defendant has withheld an amount from a payment into court in accordance with Article 24 of and paragraph 12(2)( a ) (i) of Schedule 4 to the Social Security (Northern Ireland) Order 1989, the notice he gives under paragraph (2) of this rule must include the certificate of such deduction referred to in paragraph 12(3)( a ) of the said Schedule.] 2 Lodgment in court under paragraph (1) may, [ subject to paragraph 4], be made— a in a remitted action within eight days of the date of the order of remittal [ ) . . .] b in any other action— i within twenty-eight days of service of the plaintiff’s medical evidence served in accordance with Rule 39 of Order 24; ii where medical evidence is served in accordance with Rules 40, 41, 47 or 48 of Order 24, within fourteen days of service of such evidence and in any case before the first day of hearing; or iii in any other case, within twenty-eight days of service of the notice of intention to defend. [ . . .] 4 [ The judge or district judge as the case may be] in [ . . .] ordering sufficient particulars to be furnished may give leave for the making of any lodgment under this Rule, notwithstanding that the period specified in paragraph (2) has expired, and where such leave is given [ a lodgment may be made within 14 days of receipt of the further particulars furnished in compliance with the order of [ the judge or district judge as the case may be].] 5 Where under paragraph (1) the [ district judge] has settled a sum for costs and expenses, either party, within two days from such settlement may on notice to the other party and the [ district judge] appeal to [ the judge] against such settlement; and on such appeal [ the judge] may affirm or vary the sum so settled. 6 Money shall be paid into court by lodging it at the county court bank to the credit of the civil bill account in accordance with Order 45 Part I and where any money is so lodged a copy of the notice sent to the plaintiff under paragraph (1) shall be lodged [ . . .] with the bank, such [ . . .] copy being headed with the additional words “Civil Bill Account”. 7 Money paid into court shall remain in court subject to further order unless [ a notice of settlement under Rule 1A has been entered in the order book of the court or] the plaintiff elects to take it out as hereinafter provided. Payment out of court 3 1 Where money is paid into court under Rule 2 the plaintiff may (subject to any order made by [ the judge or district judge as the case may be] [ . . .] such as is referred to in Rule 2(4) and to Rule 3A) within 28 days of receiving notification in accordance with Rule 2(1) that the defendant has made a payment into court, or subsequently with the consent of the defendant, sign and serve on the defendant and lodge with the chief clerk a notice in Form 98 accepting the amount in satisfaction of his claim.] 2 Subject to paragraphs (4) and (5), where money is accepted under paragraph (1) all proceedings in the action as between the plaintiff and the defendant who has paid the money into court shall be stayed, and the money paid into court shall be paid out to the plaintiff without the necessity of any decree or order of the court, and the said defendant shall not be liable to any further costs other than those payable under the undertaking given under Rule 2(1). 3 Within seven days from the day on which the parties agree on, or the [ district judge] settles, the amount due for costs and expenses under an undertaking given under Rule 2(1), or within seven days from the determination by [ the judge] of any appeal under Rule 2(5), the defendant shall pay that amount to the plaintiff, and in default the chief clerk may, on the application of the plaintiff of which at least seven days’ notice has been given to the defendant, issue a decree in Form 100. The costs of the application and the decree shall be in the discretion of the [ district judge]. 4 Where notice of acceptance under paragraph (1) is served by or on behalf of a plaintiff under legal disability— a the money paid into court shall not be paid without an order of [ the judge or district judge as the case may be]; b a notice of intention to apply to [ the judge or district judge as the case may be] for approval of such acceptance shall also be served on the defendant and lodged in the Office; c the application to [ the judge or district judge as the case may be] shall be made at the time when the action would, if no notice of acceptance has been served, have been heard by [ the judge or district judge as the case may be]; and d the plaintiff shall be entitled to his costs of the application unless [ the judge or district judge as the case may be] otherwise directs. 5 A plaintiff in an action for libel or slander who takes money out of court may apply for leave to make in open court a statement in terms approved by [ the judge or district judge as the case may be] in chambers. The chief clerk shall after consultation with [ the judge or district judge as the case may be] fix a time for the hearing of the application by [ the judge or district judge as the case may be] in chambers and shall give at least three days’ notice of the hearing to the plaintiff and the defendant and a copy of the proposed statement shall be sent with the notice to the defendant. The application shall be heard by [ the judge or district judge as the case may be] in private. The costs of and in connection with any such application and of the making of the statement in open court shall be in the discretion of [ the judge or district judge as the case may be]. [ [ Judge or district judge as the case may be] may permit payment in or out of court out of time 3A Without prejudice to Order 43, Rule 10, [ the judge or district judge as the case may be] may, on the application of any party, make an order permitting the defendant to make a payment into court or increase a payment made into court under Rule 2 or permitting a plaintiff to accept a payment or increased payment made into court notwithstanding the fact that the period for making a payment into court under Rule 2(2) or accepting a payment made into court under Rule 3(1) has expired.] Costs 4 1 Where money has been paid into court by any defendant and the plaintiff does not serve notice of acceptance under Rule 3 and does not obtain a decree against that defendant for an amount, exclusive of costs and expenses, greater than that paid into court, then— a where the plaintiff is not under legal disability and subject to sub-paragraph (c), he shall be entitled to recover from the defendant 75% of his solicitor’s costs and outlays (other than his counsel’s fee), calculated in accordance with the scale fee on the amount decreed; and he shall be liable for 25% of the defendant’s solicitor’s costs and outlays (other than the defendant’s counsel’s fee) and for 100% of the defendant’s counsel’s fee, both as calculated in accordance with the scale fee on the amount claimed.] b where the plaintiff is under legal disability, costs shall be in the discretion of [ the judge or district judge as the case may be]. c the division of responsibility for costs specified in sub-paragraph (a) may be varied in the discretion of [ the judge or district judge as the case maybe].] 2 Where a defendant 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 plaintiff. Payments into court not to be communicated to [ judge or district judge as the case may be] 5 Where money has been paid into court under Rule 2 that fact shall not be communicated to [ the judge or district judge as the case may be] before the determination of all questions of liability and the amount of debt or damages. Decree 6 Where money has been paid into court by any defendant and the plaintiff does not serve notice of acceptance, a decree in favour of the plaintiff shall be in such one of Forms 101, 102, 103, 104 or 105 as may be appropriate. Payment into court by defendant to counterclaim 7 Rules 2 to 6 shall apply mutatis mutandis in relation to payment into court by a defendant to a counterclaim. Application 8 Rules 2 to 7 shall not apply— a to an action where the defence is that of tender before action brought; or b to actions in which the title or any corporeal or incorporeal hereditament comes in question. ORDER 22 Transfer, remittal and removal of proceedings PART I TRANSFER OF PROCEEDINGS FROM ONE COUNTY COURT TO ANOTHER Generally 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Where Judge has interest in subject-matter 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Where officer of court is a party 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Where proceedings commenced in wrong court 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transfer with or without an application 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure on transfer 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Costs 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART II PROCEEDINGS REMITTED FROM THE HIGH COURT Lodgment of documents in and entry of remitted actions 8 1 Where under the provisions of any enactment an action is ordered by the High Court to be heard, or remitted by the High Court for hearing in a county court, the plaintiff shall lodge the original writ of summons or other originating process [ and all other pleadings] with the chief clerk .... 2 The original writ of summons or other originating process and all other pleadings shall be lodged with the chief clerk in accordance with paragraph (1) within 14 days from the date of the order for remittal.] [ . . .] 6 Before lodging the writ of summons or other originating process in accordance with this Rule, the plaintiff shall ascertain that the chief clerk has received a copy of the order of remittal and all documents filed in the proceedings in the High Court in accordance with [ Rule 8] of Order 78 of the Rules of the Court of Supreme Court (Northern Ireland) 1980 and shall at the time of such lodgment attach to the summons or other process a certified copy of the notice of remittal served on him by the proper officer of the Court of Judicature in accordance with [ Rule 8(a)] of that Order. 7 Where the only issue in the action remitted for hearing in a county court arises solely on a counterclaim by a defendant, this Rule shall apply as if for references to the plaintiff and to the original writ of summons or other originating process there were substituted references to the defendant and to a copy of such writ or other process together with particulars of the counterclaim, as the case may be. Costs payable out of money received 9 Where an order has been made by the High Court for payment of any costs to a solicitor out of the money recovered, the amount of such costs, if not paid before the money was received by the county court in accordance with Article 21 of the Order, shall, on the application of the solicitor, supported by the certificate of the taxing master or other appropriate officer of the High Court, be paid out of the money received, and any investments may be sold for that purpose if [ the judge or district judge as the case may be] or, in his absence, the chief clerk thinks fit. Judge may require production of writ, etc. 10 [ The judge] may at any time require a next friend, guardian ad litem, [ controller] or widow to obtain and produce the writ, pleadings and any other document used in the proceedings in the High Court. PART III REMOVAL OF PROCEEDINGS TO THE HIGH COURT Procedure on removal 11 1 Where an order is made by the High Court for the removal of any proceedings from a county court to the High Court, the chief clerk shall— a make and certify copies of all entries in the books of the court relating to the proceedings and send them to the proper officer of the High Court, together with all documents filed in the proceedings; b the costs of removal shall be paid as provided in Rule 7. ORDER 23 References to the European Court Interpretation 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Making of order 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule to order to set out request for ruling 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Stay of proceedings pending ruling 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transmission of order to the European Court 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [ ORDER 23A Devolution issues under Schedule 10 to the Northern Ireland Act 1998 Interpretation 1 In this Order— “ the appropriate Minister or department ” means— the First Minister and the deputy First Minister acting jointly; or where they, acting jointly, determine under paragraph 36 of Schedule 10 that any power conferred on them by that Schedule in relation to any specified proceedings may be exercised by a specified Minister or Northern Ireland department, that Minister or department; and for this purpose “ specified ” means specified in a determination under that paragraph; “ devolution issue ” has the same meaning as in Schedule 10; “ the Judicial Committee ” means the Judicial Committee of the Privy Council; “ originating process ” means a civil bill, petition, notice of application or any other method of commencing proceedings in a county court; “ Schedule 10 ” means Schedule 10 to the Northern Ireland Act 1998. Specification of devolution issue 2 1 A party raising a devolution issue shall specify— a if he is a plaintiff, petitioner or applicant, in the originating process; b if he is an appellant, in the notice of appeal; c if he is a defendant or a respondent to a petition, application or appeal, or in any other case, on a notice in Form 109A, the facts and circumstances and points of law on the basis of which it is alleged that the devolution issue arises in sufficient detail to enable the court to determine whether a devolution issue arises in the proceedings. 2 A notice in Form 109A shall be delivered to the chief clerk and served on each of the other parties to the proceedings— a at the same time as any notice of intention to defend is so delivered and served; or b in a case where there is no notice of intention to defend, as soon as practicable after notice of the proceedings has been received. Notice of devolution issue 3 1 Where a devolution issue has been raised in accordance with Rule 2, the chief clerk shall as soon as is practicable cause the matter to be drawn to the attention of the court for the making of an order under paragraph 5 of Schedule 10 requiring notice of the devolution issue to be given to the Attorney General, the Attorney General for Northern Ireland and the appropriate Minister or department. 2 The notice to the Attorney General, the Attorney General for Northern Ireland and the appropriate Minister or department shall be in Form 109B and specify 14 days, or such longer period as the Court may direct, as the periods within which he or it shall give notice of his or its intention to appear as a party in the proceedings so far as it relates to the devolution issue as mentioned in paragraph 6 of Schedule 10. Response to notice of devolution issue 4 Where the Attorney General, the Attorney General for Northern Ireland and the appropriate Minister or department intends to appear as a party to the proceedings he or it shall give notice by lodging Form 109C with the chief clerk and serving a copy on each of the other parties. Reference of devolution issue to Court of Appeal 5 1 The court may, of its own motion at any stage in the proceedings or on application by a party before or at the trial or hearing thereof, make an order in Form 109D referring a devolution issue to the Court of Appeal in accordance with paragraph 7 of Schedule 10. 2 Notwithstanding anything in Order 14, Rule 1, no order under this Rule shall be made except by [ the judge] personally. 3 An order referring a devolution issue to the Court of Appeal shall set out in a schedule the devolution issue, which shall be settled by [ the judge] after such directions to the parties as he may think desirable as to its manner and form. 4 The chief clerk shall send the order to the Master (Queen’s Bench and Appeals). Reference of devolution issue to the Judicial Committee 6 1 Where the court in accordance with paragraph 33 of Schedule 10 is required by the Attorney General, the Attorney General for Northern Ireland or the appropriate Minister or department to refer a devolution issue to the Judicial Committee it shall make an order in Form 109E referring the issue to the Judicial Committee. 2 Notwithstanding anything in Order 14, Rule 1, no order made under this Rule shall be made except by [ the judge] personally. 3 An order referring a devolution issue to the Judicial Committee shall set out in a schedule the devolution issue, which shall be settled by [ the judge] after such directions to the parties as he may think desirable as to its manner and form. 4 The chief clerk shall send the order to the Registrar of the Judicial Committee. Stay of proceedings pending reference 7 The proceedings in which a reference is made shall, unless the court otherwise orders, be stayed until the Court of Appeal, or, as the case may be, the Judicial Committee has determined the devolution issue.] ORDER 24 Evidence PART I GENERALLY Admission by any party 1 Any party to an action or matter may give notice to any other party that he admits the truth of the whole or any part of the case of the other party, and no expenses incurred after the receipt of the notice in respect of the proof of any matters admitted therein shall be allowed. Evidence to be taken orally 2 1 Save as otherwise provided by these Rules, the evidence of witnesses at the hearing of any action or matter shall be taken orally on oath, and where by these Rules evidence is required or permitted to be taken by affidavit, it shall nevertheless be taken orally on oath if [ the judge or district judge as the case may be], on any application before or at the hearing, so directs. 2 The court may allow a witness to give evidence through a video link or by any other method of direct communication.] [ Evidence of plans, photographs etc. 2A 1 Unless, at or before the hearing [ the judge or district judge as the case may be] for special reasons otherwise orders, no map, plan or other drawing, photograph or model shall be receivable in evidence-at the hearing of any proceedings unless at least 3 weeks before the commencement of the hearing the parties, other than the parties producing it, have been given an opportunity to inspect it and to agree to its admission without further proof. 2 Any order under this Rule (including an order made on appeal) may, on sufficient cause being shown, be revoked or varied by a subsequent order of [ the judge or district judge as the case may be] made at or before the hearing. Medical reports, maps, plans etc may be given in evidence 2B 1 Unless [ the judge or district judge as the case may be] otherwise orders and subject to paragraph (2), [ any report or other accompanying or supplemental document served or disclosed pursuant to the provisions of Part III or rule 2D of this Order] or any map, plan, drawing, photograph or model produced pursuant to the provisions of Rule 2A by any party to proceedings to the other parties may be given in evidence without further proof at the hearing or an assessment of damages by the party who has disclosed or produced it. 2 Any other party may, on giving sufficient notice to the party making the disclosure or production specified in paragraph (1), require the maker of any such [ . . .] report to give oral evidence or require any such map, plan, drawing, photograph or model to be proved, and in any such case paragraph (1) shall not apply. 3 Where a medical witness or other expert witness is, unable to attend court to give oral evidence at the hearing or an assessment of damages [ the judge or district judge as the case may be] may direct that his written report or reports may be given in evidence or that any such map, plan, drawing, photograph or model may be admitted in evidence without further proof thereof, and in such case paragraph (2) shall not apply. Number of expert witnesses 2C Unless [ the judge or district judge as the case may be] otherwise orders, the number of expert witnesses who may be called by any party to give oral evidence in any proceedings shall be limited to two medical experts and one expert of any other kind.] [ Disclosure of evidence in clinical negligence actions 2D 1 For the purposes of this rule— a “ clinical negligence ” means negligence in connection with the diagnosis of any illness, or the care or treatment of any patient, in consequence of any act or omission to act by a person employed or engaged for such purposes; and b “ medical evidence ” means— i the evidence contained in any medical report or other accompanying or supplemental document emanating from the maker of the report which is intended by him to accompany or supplement such report and includes surgical and radiological evidence and any ancillary expert or technical evidence; and ii any other evidence of a medical, surgical or radiological nature which a party proposes to adduce at the trial by means of oral testimony. 2 In actions grounded on an allegation of clinical negligence— a where the plaintiff proposes to adduce at the hearing evidence (other than medical evidence) obtained from any expert for the purpose of assisting the judge or district judge as the case may be in assessing damages, he shall— i insofar as he then has in his possession or power that evidence, disclose it to the other party or parties within 14 days after service upon him of the defendant’s notice of intention to defend; and ii insofar as he thereafter obtains any such evidence before the date of hearing, disclose it to the defendant and any other party or parties within 21 days of receiving it and in any case before the hearing.] Petitions 3 Evidence in support of or in opposition to a petition may be by affidavit unless [ the judge or district judge as the case may be] otherwise directs. Power to order proof by affidavit 4 1 Subject to paragraphs (2) and (3), [ the judge or district judge as the case may be] may at any time order that— a any particular fact or facts may be proved by affidavit; or b the affidavit of any witness may be read at the hearing on such conditions as [ the judge or district judge as the case may be] thinks reasonable; or c any witness whose attendance in court ought for some sufficient cause to be dispensed with be examined by interrogatories or before an examiner. 2 Where it appears to [ the judge or district judge as the case may be] that any party bona fide desires the production of a witness for cross-examination and that the witness can without undue expense be produced, an order shall not be made authorising his evidence to be given by affidavit. 3 Nothing in any order made under paragraph (1) shall affect the power of [ the judge or district judge as the case may be] at the hearing to refuse to admit evidence tendered in accordance with any such order if in the interests of justice he thinks fit to do so. Use of affidavit without order 5 Where a party desires to use at the hearing an affidavit by any witness as to particular facts as to which no order has been made, he may, before the beginning of a period of six days ending on the day of the hearing, give notice, accompanied by a copy of the affidavit, to the party against whom it is to be used, and unless the last mentioned party, before the beginning of a period of three days ending on the day of the hearing, gives notice to the other party that he objects to the use of the affidavit, he shall be taken to have consented to the use thereof and the affidavit may be used at the bearing unless [ the judge or district judge as the case may be] otherwise orders. Use of affidavits, etc. 6 Where an affidavit or deposition is used in evidence by or on behalf of a party, the whole affidavit or deposition shall be put in by that party. Evidence in mitigation of damages for libel or slander 7 In an action for libel or slander, the defendant shall not, without leave of [ the judge or district judge as the case may be], give evidence in chief, with a view to mitigation of damages, as to the circumstances in which the libel or slander was published or as to the character of the plaintiff, unless before the beginning of a period of seven days ending on the day of the hearing he furnishes particulars to the plaintiff of the matters as to which he intends to give evidence. Notice of conviction, etc. 8 1 Any party to proceedings who intends, in reliance on section 7 or 8 of the Civil Evidence Act (Northern Ireland) 1971 , to adduce evidence of a conviction, finding of adultery or an adjudication of paternity shall serve on every party to the proceedings notice in Form 118 of such intention with particulars of— a the conviction, finding or adjudication and the date thereof; b the court or court-martial which made the conviction, finding or adjudication; and c the issue in the proceedings to which the conviction, finding or adjudication is relevant. 2 Where the plaintiff or any party initiating proceedings serves such notice he shall annex it to the civil bill or other process and to any copy served on any other party. 3 Where a defendant or party other than the plaintiff or a party initiating the proceedings serves such notice, it shall be served within ten days of service of the civil bill or other process upon him. 4 If a party upon whom notice is served under this Rule— a denies the conviction, finding or adjudication; or b alleges that it was erroneous; or c denies that it is relevant to any issue in the action; he shall, within ten days of service of the notice, serve a counter-notice in Form 119 on the party by whom the notice was served and on any other party to the proceedings. 5 Nothing in this Rule shall apply to evidence intended solely to impeach the credit of a party or witness and which is not otherwise relevant to any issue in the proceedings. Witness summons 9 1 Subject to paragraph (2), where any party to any action or other proceedings desires a person to be summoned as a witness to give oral evidence at the hearing in court or to produce at the hearing in court a document in his possession or control, a chief clerk ..., or other officer of the court authorised by him for the purpose, shall, on the application of the party, issue a witness summons in Form 110 together with a copy thereof. 2 Where the chief clerk has reason to believe that any application for a witness summons, not being an application by a party through his solicitor, is frivolous or vexatious, he may refer the application to [ the judge or district judge as the case may be] and [ the judge or district judge as the case may be] may thereupon direct the issue of the summons or otherwise deal with the matter as to him seems just. 3 The applicant shall, if the chief clerk or other such officer as aforesaid so requests, produce the civil bill or other originating process. 4 Each original summons shall bear a stamp of the prescribed amount and each such summons and each copy thereof shall be entitled as in the civil bill or other originating process to which it relates and shall contain the name of one witness only but, where the application is made by a party through his solicitor, may as regards the name of the witness be issued in blank. 5 Unless [ the judge or district judge as the case may be] otherwise directs, the summons shall, a reasonably time before the day fixed for the hearing, be served by the delivery of a copy thereof to the witness personally by— a a process server for the district in which the witness resides; or b the solicitor for the party issuing the summons or a solicitor acting as an agent for such solicitor or some person over sixteen years of age employed by either solicitor to serve the document. 6 Where the summons is to be served by a process server, any money to be paid or tendered under paragraph (7) shall be sent to him together with the summons and the copy thereof. 7 a Subject to sub-paragraph (b) there shall be paid or tendered to the witness at the time of service of the summons [ the fee set out in paragraph (7A)] for a police officer or [ . . .] for any other person and, in addition, a sum reasonably sufficient to cover his expenses in travelling to and from the court, b in proceedings under Rule 4 or 5 of the Order 40 there shall be paid or tendered to the defendant at the time of service of the summons a sum reasonably sufficient, to cover his expenses in travelling to and from the court.] 7A The sum to be paid or tendered under paragraph (7)(a) to— a a police officer is— i £13.36 as from 13 February 2017; or ii £13.55 as from 13 February 2018; and b any other person is— i £18.81 as from 13 February 2017; or ii £19.09 as from 13 February 2018. 8 The endorsement of service of a witness summons shall be in Form 111. Order for bringing up prisoner to give evidence 10 1 The application for an order under Article 44 of the Order for bringing up before a court any person confined in any prison or place under any sentence or under commitment for trial or otherwise to be examined as a witness in any proceedings pending in a county court may be made at any time to the Office. 2 The order shall be in Form 112. Notice to admit specific facts 11 1 Any party may by notice in Form 113 call on any one or more than one of the opposite parties to admit, for the purpose of the action only, any specified facts mentioned in the notice. 2 If the party served with the notice does not admit the facts mentioned in the notice by delivering a written admission thereof in Form 114 within three days after receiving the notice, he shall pay the costs of proving such facts, irrespective of the result of the action or matter, unless [ the judge or district judge as the case maybe] otherwise orders. Provided that— a any admission made in pursuance of the notice shall be used only for the purposes of the particular action or matter, and shall not be used against the party making it on any other occasion, or in favour of any person other than the party to whom it is made; and b [ the judge or district judge as the case may be] may for good and sufficient cause and on such terms as to him seem just at any time allow any party to amend or withdraw any admission so made. Notice to admit documents 12 1 Where a party desires to adduce any document in evidence, he may, before the beginning of a period of six days ending on the day of the hearing, give notice to any other party who is competent to make admissions requiring him to inspect and admit the document. 2 The expenses of proving any document shall not be allowed unless such notice has been given, except in cases where, in the opinion of [ the judge or district judge as the case may be] at the hearing, the omission to give notice has not substantially increased the expense. Notice to produce 13 A notice to produce documents may be in Form 115. Evidence of service of notice to admit or produce 14 An affidavit of a party or his solicitor, or some person in the employment of such solicitor, or his solicitor agent of the service of a notice to admit or produce and of the time when it was served, together with a copy of the notice to admit or produce, shall be sufficient evidence of the fact and time of service. Documents produced from proper custody and office copies of judgments and decrees of other courts 15 1 Where a document which would, if duly proved, be admissible in evidence, is produced to the court from proper custody, it shall be admitted without further proof if— a in the opinion of [ the judge or district judge as the case may be] it appears genuine; and b no objection is taken thereto; and, if the admission of any document so produced is objected to, [ the judge or district judge as the case may be] may adjourn the hearing for proof of the document and, if it is proved, the party objecting shall pay the costs occasioned by the objection, unless [ the judge or district judge as the case may be] otherwise orders. 2 In every proceedings before a county court, an office copy of any judgment decree or order made by or before any court in Northern Ireland and certified to be a true copy by the proper officer of such court shall be deemed and taken as prima facie evidence of such judgment, decree or order. Evidence of court records 16 A copy of any entry in a book or other document prescribed for the purpose of keeping a record of or in relation to any proceedings in a county court shall for the purposes of Article 57 of the Order be authenticated by a certificate endorsed on the copy, which copy shall be signed by the chief clerk. Proof of valuation of lands 17 Without prejudice to any other enactment regarding proof of the valuation of lands, a copy or extract certified by the Commissioner of Valuation or an officer on his behalf to be a true copy of the latest [ capital value list or NAV list] relating to the hereditament shall, for the purposes of any proceedings in a county court, be sufficient proof of the valuation of such hereditament until the contrary is shown. Proof of handwriting 18 In any proceedings [ the judge or district judge as the case may be] may, upon such terms as he may think proper, receive in evidence proof of the handwriting of any party or of any subscribing witness to any instrument whatsoever. Practice as to taking evidence 19 The practice with reference to the examination, cross-examination and re-examination of a witness at the hearing of an action shall extend and be applicable to oral evidence taken in any proceedings at any stage. Order for examination of witnesses out of court 20 1 [ The judge or district judge as the case may be] may, at any stage of any proceedings, make an order for the examination on oath of any person (in this Rule called “ the witness ”) at any place in Northern Ireland. 2 The examination may be ordered to take place before— a any officer of the court making the order; or b the [ district judge] or chief clerk ...; or c in special circumstances such other person as [ the judge or district judge as the case may be] may appoint. 3 The order may require the attendance of the witness— a for examination; or b to produce any document which he could be compelled to produce at the hearing of the proceedings. 4 The order shall be in Form 116 and shall be served on the witness personally a reasonable time before the day fixed for the examination and at the same time there shall be paid or tendered to the witness the sums prescribed by Rule 9(7). 5 The party on whose application the order was made shall furnish to the person taking the examination (in this Rule called “ the examiner ”) copies of all documents necessary to inform the examiner of the questions in issue between the parties. 6 The parties shall be at liberty to attend the examination with or without counsel or solicitors. 7 The examiner may administer an oath to the witness who may be examined, cross-examined and re-examined as at the hearing of an action. 8 The deposition shall be taken down in writing— a by or in the presence of the examiner; and b by question and answer. 9 The examiner may put any question to the witness as to the meaning of any answer or as to any matter arising in the course of the examination. 10 The examiner shall not have power to decide upon the materiality or relevancy of any question but, if a question is objected to, he shall take down the question and the answer thereto and make a note of the objection on the deposition. 11 if the witness objects to any question put to him before an examiner, the question and the objection shall be taken down by the examiner and the validity of the question shall be decided by [ the judge or district judge as the case may be]. 12 If the witness refuses— a to attend; or b to be sworn; or c to answer any lawful question; or d to produce any document; a certificate of such refusal shall be made and signed by the examiner and filed in the Office, and the party requiring the attendance of the witness may apply to [ the judge or district judge as the case may be] for an order directing the witness— i to attend; or ii to be sworn; or iii to answer any question; or iv to produce any document; as the case may be, and [ the judge or district judge as the case may be] may thereupon make such order as he thinks fit. 13 The examiner may, and if need be shall, make a special report to [ the judge or district judge as the case may be] touching the examination and the conduct or absence of the witness, and [ the judge or district judge as the case may be] may thereupon direct such proceedings or make such order as he thinks fit. 14 When the examination of the witness has been concluded, the deposition shall be read over to the witness and shall be signed by him in the presence of such of the parties or their representatives as may attend, and shall be signed by the examiner and filed in, the Office. 15 If the witness refuses to sign the deposition, the examiner shall make a note of the refusal on the deposition, and the deposition shall be admissible in evidence notwithstanding that it is not signed by the witness. 16 The deposition shall not be admitted in evidence at the hearing unless— a the witness is dead or out of Northern Ireland or unable from sickness or other infirmity to attend the court; or b the parties consent to its being admitted; or c [ the judge or district judge as the case may be] directs it to be put in; but, subject as aforesaid, the deposition shall be admissible in evidence, saving all just exceptions, without proof of the signature of the examiner. 17 Costs, fees and expenses pursuant to an order under this Rule shall be in the discretion of [ the judge or district judge as the case may be] and shall be of such amount and payable by such party as [ the judge or district judge as the case may be] shall determine. Affidavits 21 1 Subject to any Rule or Form to the contrary all affidavits shall— a be expressed in the first person; and b be drawn up in paragraphs and numbered; and c indicate that the deponent is at lease sixteen years of age; and d be made by some person who has knowledge of the facts, stating– i the deponent’s residence and occupation; and ii what facts are within his own knowledge, and his means of knowledge; and iii what facts are deposed to on information derived from other sources and what the sources are. 2 Where a party is a corporate body, and affidavit required or authorised by any enactment (including these Orders) to be made by that party may be made by a director, secretary or other officer authorised by the corporate body for that purpose. 3 In any affidavit made by two or more deponents the names of all the deponents shall be inserted in the jurat, but if the affidavit of all the deponents is sworn at one time before the same person, it shall be sufficient to state that it is sworn by both or all of the above-named deponents. 4 Every affidavit shall be intituled in the action or matter in which it is sworn and a note shall be appended to every affidavit stating on whose behalf it is filed, and the note shall be copied on every office or other copy furnished to a party. 5 An affidavit shall not be filed which has been sworn before a person who, when it was sworn, was a party to the proceedings, the solicitor acting for the party on whose behalf it is to be used, or such solicitor’s agent, partner or clerk. 6 Before any affidavit is used it shall be filed in the Office but in an urgent case [ the judge or district judge as the case may be] may make a decree upon the undertaking of the party to file any affidavit used by him before it is filed, but the decree shall not be issued until the affidavit has been filed. 7 Where a party desires to cross-examine a deponent who has made an affidavit filed on behalf of the opposite party the following provisions shall apply— a he may serve on the opposite party a notice requiring the production of the deponent for cross-examination at the hearing; b if the party served with the notice does not produce the deponent at the hearing, he shall not be entitled to use the affidavit as evidence without leave of [ the judge or district judge as the case may be]; c a witness summons may be issued on the application of the party served with the notice for the purpose of summoning the deponent to attend for cross-examination. 8 Unless [ the judge or district judge as the case may be] otherwise orders, no affidavit shall be filed or used in any proceedings— a which is blotted so as to obliterate any word; or b which is illegibly written; or c which is so altered as to be illegible; or d which is so imperfect, by reason of having blanks therein or otherwise, that it cannot be easily read or understood; or e if there is any interlineation, alteration or erasure in the body of the affidavit or jurat, unless the person before whom the affidavit was sworn has initialled the interlineation or alteration, and in the case of an erasure has re-written and signed in the margin of the affidavit any words or figures written on the erasure. 9 Where the chief clerk refuses, under paragraph (8), to file an affidavit he shall give notice in Form 117 to the party presenting the affidavit for filing. 10 Where it appears to the person administering the oath that the deponent is illiterate or blind, he shall certify in the jurat that— a the affidavit was read in his presence to the deponent; and b the deponent seemed perfectly to understand it; and c the deponent made his signature or mark in his presence; and the affidavit shall not be used in evidence without such a certificate, unless [ the judge or district judge as the case may be] is otherwise satisfied that it was read over to and appeared to be perfectly understood by the deponent. 11 [ The judge or district judge as the case may be] may allow an affidavit to be used in evidence notwithstanding any defect by mis-description of parties or otherwise in the title or jurat or any other irregularity in the form of the affidavit. 12 An affidavit of service shall state when, where, how and by whom service was affected. Proceedings by or against the Crown 22 In any proceedings by or against the Crown, [ the judge or district judge as the case may be] may, where he thinks it necessary, make an order for the examination upon oath before an officer of the court or before any other person, and at any place, of any witness or person, and may empower any party to the proceedings to give such deposition in evidence therein on such terms (if any) as [ the judge or district judge as the case may be] may direct. [ PART II HEARSAY EVIDENCE ADMISSIBLE UNDER THE CIVIL EVIDENCE (NORTHERN IRELAND) ORDER 1997 Interpretation and application of this Part 23 1 In this Part “ hearsay evidence ” means evidence consisting of hearsay within the meaning of Article 3(3) of the Civil Evidence (Northern Ireland) Order 1997 (NI 21) (in this rule referred to as “ the 1997 Order ”). 2 Expressions used in this Part and in the 1997 Order have the same meaning in this Part as they have in that Order. 3 This Part applies in relation to the trial or hearing of an issue or question arising in any civil proceedings, and to a reference, inquiry or assessment of damages, as it applies to the trial or hearing of any civil proceedings. Power to call witness for cross-examination on hearsay evidence 24 1 Where a party to civil proceedings adduces hearsay evidence of a statement made by a person but does not call the person who made the statement to give evidence, the court may, on the application of another party, allow that other party to call and cross-examine the person on the statement as if he had been called by the first-mentioned party and as if the hearsay statement were his evidence in chief. 2 Where the court allows another party to call and cross-examine the person who made the statement, it may give such directions as it thinks fit to secure the attendance of that person as a witness and as to the procedure to be followed. Credibility 25 If— a a party has indicated an intention to adduce hearsay evidence of a statement made by a person who will not be called to give evidence; and b another party wishes to attack the credibility of the person who made the statement, that other party shall, so far as is reasonable in the circumstances, notify the party tendering the hearsay evidence of his intention.] [ PART III MEDICAL EVIDENCE I. PRELIMINARY Application and interpretation 35 1 This Part of this Order applies to all actions in respect of personal injury or death. 2 For the purposes of this Order— “ medical evidence ” means— the evidence contained in any medical report or other accompanying or supplemental document as specified in rule 44 and includes surgical and radiological evidence and any ancillary expert or technical evidence; and any other evidence of a medical, surgical or radiological nature which a party proposes to adduce at the hearing by means of oral testimony; and the expressions “ medical expert” and “medical examination ” shall be construed accordingly; and “ clinical negligence ” means negligence in connection with the diagnosis of any illness, or the care or treatment of any patient, in consequence of any act or omission to act by a person employed or engaged for such purposes. Restrictions on medical evidence 36 No party shall, except with the leave of the judge or district judge as the case may be or on consent, adduce medical evidence at the hearing the contents of which he has not disclosed to the other parties in accordance with rules. Failure to comply with rules 37 Where any party fails to comply with any of the provisions of this order, the judge or district judge may stay the action or strike out that party’s defence, as the case may be, or make such order as the judge or district judge considers appropriate. PART IV GENERAL RULES Application 38 This Part of this Order applies to all proceedings for damages in respect of personal injury or death except actions grounded on an allegation of clinical negligence. Medical report to be served on the defendant 39 The plaintiff shall serve on the defendant medical evidence substantiating the personal injuries alleged in the civil bill within 14 days after service upon him of the defendant’s notice of intention to defend. Medical examination of another party; disclosure of report 40 Any party who has been afforded medical examination of another party shall disclose to that other party any medical evidence resulting from such examination within 21 days of receiving it and in any case before the first day of the hearing. Disclosure of medical evidence 41 Subject to rule 39, where a party proposes to adduce at the hearing medical evidence obtained from any medical expert, he shall disclose all relevant medical evidence obtained at any time from that medical expert to the relevant party or parties in accordance with rule 36 or within 21 days of receiving it and in any case before the first day of the hearing. Evidence received during the hearing 42 Where a party obtains on or after the first day of the hearing any report of evidence of the kind mentioned in rule 39 or 40, he shall disclose that report or evidence to the relevant party or parties immediately. Party to furnish name and address of doctor, etc. 43 Any party to an action shall furnish to any other party on demand the name and address of any medical practitioner or the name of any hospital from whom or at which he received any medical or surgical treatment material to the action. Mode of disclosure 44 1 A party serving or disclosing medical evidence under this Part of the Order shall do so by furnishing copies of any relevant medical report or reports, together with any documents emanating from the maker of the report which are intended by him to accompany or supplement any such report, or a document containing a sufficient record of any such evidence as is referred to in the definition of medical evidence in rule 35(2). All such reports or other documents shall be signed and dated by the relevant medical expert and shall specify his professional qualifications. 2 On the ex parte application of any party bound to serve or disclose any medical report under this Order, the judge or district judge as the case may be may give him leave— i to adduce at the hearing the evidence contained in any report without serving or disclosing the report; or ii to omit or amend any part of any report when serving or disclosing the report. Variation between evidence disclosed and evidence at hearing 45 Where a party’s medical evidence at the hearing varies from the evidence which that party has disclosed to another party, the judge or district judge may on the application of any party adjourn the hearing or make any such order, on such terms as to costs and otherwise, as to the judge or district judge may seem appropriate. PART V CLINICAL NEGLIGENCE ACTIONS Application 46 This Part of this Order applies to proceedings for damages in respect of personal injury which are grounded on an allegation of clinical negligence. Disclosure of medical evidence on the issue of liability 47 1 Where more than one party to such an action proposes to adduce at the hearing medical evidence obtained from any medical expert on the issue of liability, each party shall— i insofar as they then have in their possession or power that evidence, disclose it to the other party or parties simultaneously within 28 days after service of the notice of intention to defend; and ii insofar as any party thereafter obtains any such evidence before the date of the hearing, disclose it to the other party or parties within 21 days of receiving it and in any case before the hearing. 2 Nothing in paragraph (1) shall be interpreted as imposing an obligation on any party to disclose evidence obtained from any medical expert on liability except where the party or parties to whom disclosure is to be made is also relying on such evidence and simultaneous exchange is to take place. Disclosure of medical evidence on the issue of damages 48 1 Where the plaintiff proposes to adduce at the hearing medical evidence obtained from any medical expert for the purpose of assisting the judge or district judge in assessing damages, he shall— i insofar as he then has in his possession or power that evidence, disclose it to the other party or parties within 14 days after service upon him of the defendant’s notice of intention to defend; and ii insofar as he thereafter obtains any such evidence before the date of the hearing, disclose it to the other party or parties within 21 days of receiving it and in any case before the hearing. 2 Where the defendant or any other party proposes to adduce at the hearing medical evidence obtained from any medical expert for the purpose of assisting the judge or district judge in assessing damages, he shall— i insofar as he then has in his possession or power that evidence, disclose it to the plaintiff and any other party or parties within 28 days after service of the notice of intention to defend; and ii insofar as he thereafter obtains any such evidence before the date of hearing, disclose it to the plaintiff and any other party or parties within 21 days of receiving it and in any case before the hearing.] ORDER 25 Hearing and re-hearing PART I HEARING BY JUDGE General 1 At the hearing of any action or other proceeding [ the judge or district judge as the case may be] may hear the whole matter of the action or proceeding and give a decree thereon or grant any relief, redress, or remedy or make any order or give any direction he considers necessary to enable him to give a final decree on a day to which the hearing is adjourned. Where proper parties are not before the court 2 Where at the hearing it appears to [ the judge or district judge as the case may be] that there are any claims, estates, titles, rights, duties or liabilities upon which he cannot adjudicate by reason of all the proper parties not being before the court, he may order such parties to be made plaintiffs or defendants upon such terms as to adjournment, notices and costs as he thinks fit. Where plaintiff does not appear or does not prove his claim 3 1 If a plaintiff does not proceed with his civil bill or does not appear at the hearing of an action or other proceedings, the action or other proceedings may be struck out or dismissed without prejudice to the plaintiff’s proceeding by a new civil bill or other originating process. 2 Where a plaintiff appears at the hearing of an action or other proceeding but fails to establish his case to the satisfaction of [ the judge or district judge as the case may be], [ the judge or district judge as the case may be] may dismiss the action or other proceeding either without prejudice to the plaintiff’s proceeding by a new civil bill or other originating process or on the merits as he thinks just. 3 Where, an action or other proceeding has been dismissed without prejudice and a subsequent action or other proceeding for the same or substantially the same cause of action is brought before payment of any costs payable under the dismiss, [ the judge or district judge as the case may be] may stay the subsequent action or other proceeding-until such costs have been paid. Decree where defendant does not appear 4 1 If the defendant (not being the Crown) does not appear, [ the judge or district judge as the case may be], upon proof of service and of facts entitling the plaintiff to relief, may subject to paragraphs (2) to (4), give such decree or make such order as he considers just, and an endorsement of service or an affidavit of service or, where Order 6 Rule 3(2)(b) or Rule 3(7) applies the solicitor’s certificate referred to in Rule 12 of Order 6 may be accepted as proof of service. 2 If the Crown does not appear on the hearing of any civil bill in which it is a defendant, the civil bill shall be adjourned to a date fixed by [ the judge or district judge as the case may be], on such terms as to him may seem just. 3 Notice of the date fixed shall be served upon the Crown in a manner to be directed by [ the judge or district judge as the case may be], and shall set out that the case will be heard on the date named and such decree given or other order made as to [ the judge or district judge as the case may be] may seem just, the Crown’s absence notwithstanding. 4 If the Crown does not appear on the adjourned hearing [ the judge or district judge as the case may be] may, upon proof of service of such notice, proceed to hear and determine the case and may give such judgment or make such other order as to him may seem just. If proceedings discontinued, etc., counterclaim may proceed 5 Where the defendant sets up a counterclaim and the claim of the plaintiff is discontinued, struck out, stayed or dismissed, the counterclaim may be proceeded with and the defendant, on proof thereof, may have a decree. Non-appearance on counterclaim 6 If a person, not originally a party to the proceedings, who has been served with a counterclaim does not appear at the hearing, [ the judge or district judge as the case may be] may proceed with the hearing and may give such decree or make such order as may be just against the person so served, or may adjourn the hearing and give such directions as he thinks fit. Exclusion of counterclaim 7 Where [ the judge or district judge as the case may be] is of opinion that a counterclaim would be better disposed of in independent proceedings, [ the judge or district judge as the case may be] may of his own motion or on the application of any party order the counterclaim to be excluded. Decree where counterclaim is established 8 1 Where a counterclaim is established against the claim of the plaintiff and there is a balance in favour of one of the parties [ the judge or district judge as the case may be] may grant a decree in Form 139; but such a decree shall not be made in a case where Order 21 Rule 4(1)( a ) applies. 2 Subject to Order 21 Rule 4(1)( a ), nothing in paragraph (1) shall affect the discretion of [ the judge or district judge as the case may be] to award costs in such proportions as he thinks fit. Misjoinder of plaintiff not to defeat counterclaim 9 Where any person has been improperly or unnecessarily joined as a plaintiff, a defendant who has set up a counterclaim may proceed with the counterclaim against the other plaintiff. Vexatious or irrelevant question 10 [ The judge or district judge as the case may be] may disallow any question put in cross-examination to any party or witness which appears to [ the judge or district judge as the case may be] to be vexatious or irrelevant. Decision of questions without general order for execution of trusts, etc. 11 It shall not be obligatory on [ the judge or district judge as the case maybe] in any proceedings— a for the administration of the estate of a deceased person; or b for the execution of a trust; to give a decree or make an order for the general administration of the estate or execution of the trust, if the questions between the parties can be properly determined without such decree or order. Injunctions 12 1 In any proceedings in which an injunction has been or might have been claimed, a plaintiff may, before or after decree, apply for an injunction to restrain the defendant from— a the repetition or continuance of the wrongful act or breach of contract complained of, or b the commission of any wrongful act or breach of contract of a like kind, relating to the same property or right of arising out of the same contract; and [ the judge or district judge as the case may be], in addition to giving a decree for such damages and costs as the plaintiff may be entitled to, may grant the injunction on such terms as may be just. 2 An application under this Rule may be made— a before the hearing of the action or matter in accordance with Order 14 Rule 6; or b at or immediately after the hearing, in which case the order shall be included in the decree; or c after decree, on notice and supported by affidavit. Inspection by [ judge or district judge as the case may be] 13 [ The judge or district judge as the case may be] may inspect any property or thing concerning which any question may arise in any proceedings. PART II HEARING BY [ DISTRICT JUDGE] General 14 In the hearing of any action to which this Part applies, the [ district judge] shall have and may exercise all the powers vested in [ the judge] other than committal for contempt or default. Proceedings to be heard by the [ district judge] 15 [ . . .] [ . . .] [ . . .] 4 Any action listed for hearing by [ the judge] in which the defendant fails to appear at the hearing may be directed by [ the judge] to be heard by the [ district judge]. 5 The [ district judge] may refer to [ the judge] any action which he thinks should properly be decided by [ the judge] and [ the judge] may either dispose of the action or refer it back to the district judge with such directions as he thinks fit.] Hearing by [ district judge] 16 Any action intended for hearing by the [ district judge] shall, subject to the provisions of Order 26, be heard and determined in like manner as actions are heard and determined by [ the judge]. 17 Where by reason of death or unavoidable absence the [ district judge] is not present at the hearing of any action to which this Part applies the chief clerk or other officer of the court present shall open and adjourn or as the case may be, adjourn the hearing to such day as he thinks convenient. Decree where defendant does not appear 18 1 If the defendant (not being the Crown) does not appear, the [ district judge], upon proof of service and of facts entitling the plaintiff to relief, may, subject to paragraphs (2) to (4), give such decree or make such order as he considers just. 2 If the Crown does not appear on the hearing of any civil bill in which it is a defendant, the civil bill shall be adjourned to a date fixed by the [ district judge], on such terms as to him may seem just. 3 Notice of the date fixed shall be served upon the Crown in a manner to be directed by the [ district judge] and shall set out that the case will be heard on the date named and such decree given or order made as may seem just, the Crown’s absence notwithstanding. 4 If the Crown does not appear on the adjourned hearing the [ district judge] may, upon proof of service of such notice, proceed to hear and determine the case and may give such judgment or make such other order as to him may seem just. Records, costs and court fees 19 Subject to Order 26 proceedings heard before the [ district judge] shall for all purposes, including records, costs and court fees, be treated in like manner as if they had been heard before [ the judge], save that as regards costs, Rule 19(1)( a ) of Order 55 shall not apply. PART III SETTING ASIDE JUDGMENTS AND ORDERS New hearing and re-hearing 20 1 Where in any case it is shown to the satisfaction of [ the judge or district judge as the case may be] that a decree has been obtained by fraud, misrepresentation, surprise, mistake or other irregularity, or because the civil bill or other initiating process did not come to the knowledge of the defendant in time, the person against whom the decree was obtained (in this Rule referred to as “ the unsuccessful party ”) may in accordance with this Rule apply for and obtain a hearing or re-hearing. 2 An application for a hearing or re-hearing under this Rule shall, subject to paragraph (3), be made by motion ...; notice of such motion shall be lodged in the Office and shall be served on the solicitor for the party in whose favour the decree was obtained (in this Rule referred to as “ the successful party ”) or, where that party has sued in person, on that party within ten days from the day on which the unsuccessful party or his solicitor has notice of the decree or within such further time as [ the judge or district judge as the case may be] may consider reasonable. 3 Where the notice alleges that the unsuccessful party did not have knowledge of the initiating process or that the process which was sought to be served by post in accordance with the provisions of Order 6 did not come to his knowledge in time to defend the action or to appeal in the matter, then if the chief clerk is satisfied that the successful party consents to a hearing or re-hearing of the case, he may grant the application without the motion being made to the court and in so doing, unless the parties are agreed as to incidence and amount of the costs in the application, may make such order as to costs as he thinks fit. 4 The notice shall be signed by the unsuccessful party or his solicitor and shall state the grounds upon which the hearing or re-hearing is sought and the nature of the fraud, misrepresentation, surprise, mistake or other irregularity relied upon and the motion shall be moved on the first convenient day after the end of a period of four days from the date of the service of the notice on the successful party or his solicitor. 5 Except where [ the judge or district judge as the case may be] otherwise directs, the service of the notice shall not operate as a stay of execution in the action unless the unsuccessful party lodges in the Office, together with a copy of the notice of motion, the amount for which the decree was made with costs. 6 If it comes to the notice of the chief clerk that a decree may have been obtained by fraud, misrepresentation, surprise, mistake or other irregularity, he may bring the suspected irregularity to the attention of [ the judge or district judge as the case may be] and [ the judge or district judge as the case may be] may give such directions or make such further order as he considers just including an order for a hearing or re-hearing of the action. 7 Upon any hearing or re-hearing under paragraph (1), (3) or (6) such order may be made (whether by way of affirmance, variation or rescission) subject to such conditions as [ the judge or district judge as the case may be] thinks proper and on any such hearing or re-hearing the costs shall be in the discretion of [ the judge or district judge as the case may be]. 8 Paragraphs (2) to (5) shall apply mutatis mutandis to the parties to a counterclaim. [ ORDER 26 Small Claims Definitions 1 In this Order— “ the applicant ” means the person who makes the initial claim; “ the respondent ” means the person against whom the initial claim is made; “ a counterclaim ” means a claim which is made by the respondent against the applicant; “ the judge ” means the district judge; “ a small claim ” means an action to which Article 30(3) of the Order applies; “ small claims court ” means a court which processes small claims; “ the small claims office ” means the office of the small claims court which will process the small claim; “ the officer ” means the person in the court office who processes the application for a small claim; and “ party ” means the applicant or the respondent. Excluded claims 2 No small claims application shall be made with regard to any claim which— a is for damages for personal injuries; b is for damages in respect of a road traffic accident; c is for damages for libel or slander; d is made under Article 11 (Recovery of legacies, annuities, etc.) of the Order; e concerns the title to land; f is made under section 17 of the Married Women’s Property Act 1882; g has been remitted by the High Court. 3 1 Subject to paragraph (2), where the claim is for a debt or other liquidated amount which does not exceed £5,000 , the applicant may proceed by ordinary civil bill provided he includes, immediately after the Warning in the civil bill, the statement in Form 10A. 2 If the respondent’s notice of intention to defend includes a request that the claim and any counterclaim be dealt with as a small claim, his request shall be granted. Starting Proceedings 4 An application for a small claim must be made in Form 125. 5 The applicant must complete Part A of Form 125, setting out details of his claim, including any claim for interest under Article 45A of the Order or otherwise. 6 After completing Part A of Form 125, the applicant must bring or send the original Form, together with two copies and the appropriate fee, to any court office and that office will then forward the application on to the small claims office. 7 If there is more than one respondent, the applicant must bring or send one extra copy of Form 125 for each additional respondent. 8 When the relevant forms and the appropriate fee are received in the small claims office, the officer will— a complete Part B of the original Form 125 and the copy forms; b file the original Form 125; c return one copy of Form 125, together with Form 127 (application for default decree for liquidated amount) or 128 (application for default decree for unliquidated amount) to the applicant; and d issue one copy of Form 125, together with Forms 126A (notice of dispute) and 126B (acceptance of liability) to the respondent. 9 Each court office shall keep a record of— a the applications which are received; and b the small claims office to which those applications are sent. Defending the application 10 If the respondent intends to defend the claim or rely on a counterclaim he must, within 21 days of receiving the copy Form 125, lodge with the small claims office a notice of dispute in Form 126A which sets out the details of his defence and of any counterclaim he wishes to make, together with the appropriate fee. 11 On receiving a notice of dispute, the officer must send a copy to any other party and advise all parties of the date of hearing. Accepting Liability 12 If the respondent accepts liability for the claim, he must, within 21 days of receiving the copy Form 125, lodge with the small claims office a notice of acceptance of liability in Form 126B. 13 On receiving a notice of acceptance of liability, the chief clerk may issue a decree, together with a copy of Form 126B, or may refer the notice to the judge if he considers that would be more appropriate. Default decrees 14 If a Form 126A or 126B is not lodged with the small claims office within 21 days of the date on which the application is received, the applicant may apply to the chief clerk for a decree. 15 An application under Rule 14 shall— a if the claim is for a liquidated amount, be in Form 127; and b if the claim is for an unliquidated amount, be in Form 128. 16 On receiving an application under rule 14, the chief clerk may— a if the claim is for a liquidated amount, issue a decree for the amount then due to the applicant; or b if the claim is for an unliquidated amount, issue a decree which states that the amount of the claim will be assessed by the judge. 17 The chief clerk may refer any application in Form 127 or 128 to the judge if he considers that it would be more appropriate for the judge to deal with the application. 18 The chief clerk may only issue a decree under rule 16 if he is satisfied that:— a the application was sent to the respondent; b no notice of dispute has been received; and c the claim has not been settled. 19 Where a decree has been issued under rule 16, the judge may, either on an application or of his own choosing— a set aside or vary the decree; or b make any other order or give any other directions as the circumstances require. 20 If an application under rule 19 is made by one of the parties, it must be made in Form 129 and must set out all of the relevant facts. 21 On receiving the application, the officer shall send a copy to the other party (who may, within 14 days, respond in writing to the application) and inform the parties of the date on which the application will be heard. 22 If a decree is set aside the officer must inform the parties immediately and amend the court records accordingly. 23 An application in Form 127 or 128 may not be made if the claim is brought against a minor or a patient. 24 An application in Form 127 or 128 may only be made with the judge’s permission— a if the claim is brought against the Crown; or b if in any such proceedings as are mentioned in section 139(1)(b) of the Consumer Credit Act 1974 the debtor or surety desires to have a credit agreement re-opened.] 25 A request for permission under rule 24 shall be made in writing and the other party shall be informed of the request. Assessment hearing 26 The officer shall notify the parties of the date on which the amount of the claim will be assessed by the judge. 27 Where a decree has been issued under Rule 16(b) and the party against whom the decree has been made wishes to attend the assessment hearing, he must notify the small claims office and the other parties in writing. 28 The judge shall issue a decree for the amount of the claim, as assessed. Venue for a small claims hearing 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure on a small claims hearing 30 A small claims hearing— a shall be informal; and b shall not be subject to the strict rules of evidence. 31 The judge may adopt any procedure which he considers to be fair. Powers of [ the judge] 32 The judge has the power— a to administer oaths and take the affirmations of the parties and any witnesses who attend; b to order specific performance of a contract; c to make an interim decree; d to correct any clerical mistake in a decree; e without prejudice to Rule 19(a) and either on the application of any of the parties or of his own choosing, to set aside, vary or confirm any decree; or f to direct that an application in Form 125 be transferred to his civil bill list, provided he is satisfied that— i a difficult question of fact or law is involved; or ii fraud is alleged against a party; or iii the parties consent to the application being dealt with in that way; or iv it would be unreasonable for the application to be dealt with in a small claims hearing because of its subject matter, the circumstances of the parties or the interests of any other person likely to be affected by the outcome. 33 If an application is transferred to the judge’s civil bill list, it shall proceed as if it had been commenced by civil bill and shall be subject to scale costs. 34 An application under Rule 32(e) shall be made in writing and the other party shall be informed of the application. 35 All parties shall, subject to any legal objection, agree to— a be examined by the judge on oath or affirmation; b produce any relevant documents or items which are in their possession; and c otherwise comply with the judge’s requests. Witnesses 36 If a party wishes to summons a person as a witness, he can apply to the small claims court under Order 24, rule 9 for a witness summons and the summons maybe served in accordance with paragraph (5) of that rule or may be delivered to the witness personally by the applicant. Expert Evidence 37 At any time before giving his decision the judge may— a consult any expert; b ask for an expert report on any disputed issue; and c invite an expert to attend the hearing. 38 Unless the judge orders otherwise the evidence of any expert witness retained by a party must be given in a written report and the report, together with one copy, must be lodged with the small claims office not less than 14 days before the date of the small claims hearing. 39 On receiving the report, the officer shall send a copy to the other party and may set a new date for hearing. Transfer of proceedings 40 If the judge is satisfied that an application could be more conveniently or fairly dealt with in another small claims court, he may order the application to be transferred to that court and the chief clerk of the court in which the application is originally made must— a inform all the parties of the transfer; and b send to the chief clerk of the other court any relevant court records and documents. 41 On receiving the relevant records and documents, the chief clerk of the other court shall set a date for the hearing and advise the parties of that date. Documents 42 Any document which is required to be sent may be sent by ordinary first class post. Costs 43 Subject to Rules 33, 44 and 45, no costs, except the appropriate court fee, may be awarded in respect of an application for a small claim. 44 No witness expenses may be awarded, except in respect of expert witnesses who have provided written or oral evidence at the request of the judge under Rule 37. 45 If the judge is satisfied that— a there has been unreasonable conduct by one of the parties he may award costs against that party; b the proceedings were properly started by ordinary civil bill under Rule 3 he may, subject to Rule 46, award such costs as he considers appropriate. 46 When the judge is awarding costs under Rule 45 the costs must not exceed those specified in [ Table 2) of Part I of Appendix 2 and must be determined in accordance with the amount of the claim.] ORDER 27 European Small Claims Procedure Application, interpretation and scope 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Translations 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ESCP proceedings 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Venue for an ESCP hearing 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure on an ESCP hearing 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transfer of proceedings 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transfer of proceedings where the claim is outside the scope of the ESCP Regulation 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transfer of proceedings where the respondent claims that the non-monetary claim exceeds the limit set in Article 2(1) of the ESCP Regulation 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transfer of proceedings where the ESCP counterclaim exceeds the limit set in Article 2(1) of the ESCP Regulation 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Review of an ESCP judgment 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inadequate or insufficient information 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Costs 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ORDER 28 Payment into court by trustees Payment into court by trustees 1 1 Where a person desires to pay money or securities into court under section 63 of the Trustee Act (Northern Ireland) 1958 he shall file in the Office an affidavit in Form 132 containing the information required thereby and shall pay the money or securities into court in accordance with Court Funds Rules. 2 The costs incurred in the payment into court may be retained by the person making the payment into court. 3 The chief clerk may require in addition to the affidavit such evidence as he thinks proper with regard to the matter in respect of which the payment is made into court. 4 As soon as he receives it the chief clerk shall endorse on the affidavit a memorandum of the day on which it is filed and the affidavit shall be taken for all purposes to have been duly filed on the day so endorsed on it. 5 On the filing of the affidavit, the chief clerk shall enter the matter in the books of the court, and shall send to each person mentioned in paragraph 4 of the affidavit at the address given therein a notice of the payment into court in Form 133. 6 The persons filing the affidavit or any of them may apply to the chief clerk for a certificate in Form 134. Application for payment out, etc. 2 Where a person desires to apply to the court for the investment or payment out of court of any money or securities paid into court under this Order, the following provisions shall apply— a the application shall be made to [ the judge] ex parte : b [ the judge] on the hearing of the ex parte application may require notice of the application to be served on such persons as he thinks fit, and fix a day for the further hearing; c evidence in support of the application may be given by affidavit or in such other manner as [ the judge] may direct. ORDER 29 [ Matrimonial Property Proceedings PART I PROCEEDINGS UNDER MARRIED WOMEN’S PROPERTY ACT 1882.] 1 1 Where application is made under section 17 of the Married Women’s Property Act 1882 particulars of the question to be submitted to the decision of [ the judge] shall be filed in the Office and thereupon a summons shall be issued in Form 135 and shall be served together with a copy of the particulars [ not less than 28 days before the date fixed for the hearing]. 2 All proceedings subsequent to the issue of the summons shall be had as if the proceeding had been commenced by an equity civil bill. 2 [ The judge] shall direct what costs are to be allowed. [ PART II FAMILY LAW (MISCELLANEOUS PROVISIONS) (NORTHERN IRELAND) ORDER 1984 3 1 Every application under Article 4 or 13 of the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984 shall be dealt with in chambers unless [ the judge] otherwise directs. 2 Subject to paragraph (4), notice of an application under the said Article 4 or 13 shall be given in Form 136 and shall be filed in the office and (subject to paragraph(3)) shall be served on the respondent [ not less than 28 days before the date fixed for the hearing. 3 Where the application is for an order terminating the respondent’s rights of occupation and it appears to [ the judge] on the ex parte application of the applicant that the respondent is not in occupation of the dwelling house to which the application relates and his whereabouts cannot after reasonable inquiries be ascertained, [ the judge] may dispense with service of the summons or make such other order as to service as he considers appropriate. 4 Where any matrimonial cause (within the meaning of Article 48(11) of the Matrimonial Causes (Northern Ireland) Order 1978 ) or proceedings under section 17 of the Married Women’s Property Act 1882 concerning the matrimonial home are pending between the parties in a county court an application under the said Article 4 or 13 shall be made on notice to [ the judge] in those proceedings in accordance with Order 14 Rule 1. 5 All proceedings subsequent to the issue of the notice of application shall be had as if the proceeding had been commenced by an equity civil bill. 4 The costs of an application under Article 4 or 13 shall be in the discretion of [ the judge.]. ORDER 30 Consumer Credit Act 1974 [ Interpretation 1 In this Order “ the Act ” means the Consumer Credit Act 1974 , a section referred to by number means the section so numbered in the Act and expressions which are defined in the Act have the same meaning in this Order as they have in the Act. Saving for earlier Rules 2 Except in relation to any provision of the Act which applies to agreements entered into before 19th May 1985, nothing in this Order shall apply to agreements entered into before that date and the Rules in force immediately before that date shall continue to apply to those agreements. Where proceedings may be commenced 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Joinder of parties 4 1 All the parties to a regulated agreement, and any surety, shall be made parties to any proceedings relating to the agreement, subject to the discretion of [ the judge or district judge as the case may be] to direct otherwise at the hearing. 2 Without prejudice to paragraph (1), [ the judge or district judge as the case may be] may, on an ex parte application grounded upon an affidavit setting forth the facts as provided by section 70(3) or 73(8), make an order that the supplier or the negotiator, as the case may be, shall be made a party to the proceedings against the creditor, and [ the judge or district judge as the case may be] may, before making such order, require such notice of the application to be served as he thinks fit. Action to recover possession of goods under a hire-purchase agreement 5 An action to recover possession of goods under a hire-purchase agreement shall be commenced by civil bill stating the following particulars— a the date of the agreement and the parties thereto, with sufficient particulars to enable the debtor to identify the agreement; b where the plaintiff was not one of the original parties to the agreement, the means by which the rights and duties of the creditor under the agreement passed to him; c whether the agreement is a regulated agreement; d the goods claimed; e the total price; f the amount paid by or on behalf of the debtor; g the date when the right to demand recovery of the goods accrued; h the amount of arrears accrued at the date when the right to demand recovery of the goods accrued; i the amount of any further balance under the agreement (being the total price less ( a ) the amount paid and ( b ) any arrears); and j the amount (if any) claimed in addition to the delivery of the goods, stating the cause of action in respect of which each such claim is made. Particulars to be given in other claims arising out of a hire-purchase agreement 6 Where a plaintiff’s claim arises out of a hire-purchase agreement but it is not brought to recover possession of goods, he shall state in his originating process the following particulars— a the date of the agreement and the parties thereto, with sufficient particulars to enable the debtor to identify the agreement, b where the plaintiff was not one of the original parties to the agreement, the means by which the rights and duties of the creditor under the agreement passed to him; c whether the agreement is a regulated agreement; d the goods let under the; agreement; e the total price; f the amount paid by or on behalf of the debtor; g the amount (if any) claimed as being due and unpaid in respect of any instalment or instalments of the total price; and h particulars of any other claim and the circumstances in which it arises. Conditional sale agreements 7 The provisions of Rules 5 and 6 shall apply to conditional, sale agreements as they apply to hire-purchase agreements subject to the following modifications— a for any reference to the debtor there shall be substituted, a reference to the buyer; and b for any reference to a hire-purchase agreement or to goods let under the agreement, there shall be substituted a reference to the conditional sale agreement, or to goods to be sold under the agreement, as the case may be. Protection orders 8 1 An application under section 131 may, where the exigencies of the case so require, be made ex parte , upon lodgment by the applicant in the Office of a requisition setting forth the nature of the application. 2 Every other application under section 131 shall be by motion on notice in Form 281. Enforcement orders 9 1 Subject to paragraph (2), an application for an enforcement order shall be made by notice in Form 282. 2 If, apart from the need to obtain an enforcement order, a creditor is entitled to payment of the money or possession of the goods or land to which the agreement relates, an application for an enforcement order shall be made in the course of an action to enforce the agreement. 3 Where a creditor wishes to apply for an enforcement order as provided for by paragraph (2) he shall endorse the originating process with a statement to that effect. 4 The notice of application under paragraph (1) and the endorsement provided for by paragraph (3) shall state the circumstances rendering an enforcement order necessary. 5 The applicant shall serve the notice of application under paragraph (1) on the other party or parties to the agreement (who shall be the respondent or respondents to the application) and a copy of the notice on the chief clerk not less than twenty-eight days before [ the date fixed for the hearing]. [ . . .] Orders under section 86(2), 92(1) or (2) or 126 10 Rule 9 shall apply to an application for an order under section 86(2) (enforcement of a partly secured or unsecured regulated agreement on the death of the debtor or hirer), 92(1) (entry into premises to take possession of goods), 92(2) (recovery of possession of land where debtor is in breach of a regulated conditional sale agreement) or 126 (enforcement of a land mortgage securing a regulated agreement) as it applies to an enforcement order, so however that in the case of an order under section 86(2) the personal representatives of the deceased debtor or hirer shall be made parties to the proceedings in which the order is sought. [ Unfair relationships. 11 1 An application under section 140B(2)( a ) for an order under section 140B in connection with a credit agreement shall be made by notice in Form 283. 2 Paragraph 5 of rule 9 shall apply to a notice of application under paragraph (1) of this rule. 3 Where in county court proceedings of a type specified in section 140B(2)( b ) or ( c ) a debtor or surety desires an order under section 140B in connection with a credit agreement he shall, not less than 28 days before the date fixed for the hearing, serve notice of motion in Form 281 that he so desires on the chief clerk and on the other party or parties to the proceedings or their solicitors. 4 Paragraph (3) shall not apply where notice has been served under paragraph (5). 5 Where a defendant in accordance with section 140B(2)( b ) or ( c ) desires an order under section 140B in connection with a credit agreement he shall serve notice that he so desires on the chief clerk and on the plaintiff’s solicitor or, where the plaintiff is suing in person, on the plaintiff within 21 days from the date of service upon him of the civil bill.] Time Orders 12 1 An application for a time order under [ section 129(1)( b ) or ( ba )] shall be made by notice in Form 284 and shall state the following particulars— a the date of the agreement and the parties to it, with sufficient particulars to enable the respondent to identify the agreement and details of any sureties; b if the respondent was not one of the original parties to the agreement, the name of the original party to the agreement; c the names and addresses of the persons to be served with the application; d the place where the agreement was signed by the applicant; e details of the notice served by the respondent giving rise to the application; f [ if known] the total unpaid balance due under the agreement and the amount of any arrears together with the amount and frequency of the payments specified by the agreement; g the applicant’s proposals as to payment of any arrears and to future instalments together with details of his means; h where the application relates to a breach of the agreement other than the non-payment of money, the applicants proposals for remedying it. 2 [ Paragraph (5) of Rule 9] shall apply to a notice of application under paragraph (1) of this Rule. 3 An applicant who is a debtor or hirer making an application for an order under section 129(1)( ba ) must attach to the notice of application, a copy of the notice served on the creditor or owner under section 129A(1)( a ).] Financial relief for hirer 13 1 An application by a hirer for an order under section 132(1) shall be made by notice in Form 285. 2 [ Paragraph (5) of Rule 9] shall apply to a notice of application under paragraph (1) of this Rule. Application for variation, etc. 14 1 An application under section 130(6) (variation, etc., of time orders), 133(6) (revocations, etc., of return orders or transfer orders) or 135(4) (variation of conditional or suspended orders) shall be made by notice in Form 285. 2 [ Paragraph (5) of Rule 9] shall apply to a notice of application under paragraph (1) of this Rule. Declarations 15 1 An application for a declaration under section 142(1)( b ) or 142(2) shall be made by notice in Form 285. 2 [ Paragraph (5) of Rule 9] shall apply to a notice of application under paragraph (1) of this Rule. Issue of decree after conditional or suspended order 16 1 Where in an order made by it in relation to a regulated agreement a court includes provisions of a type referred to in section 135(1)( a ) or ( b ), the decree shall not issue until an affidavit has been lodged in the Office stating that— a the condition specified by the court under section 135(1)( a ) has been fulfilled; or b the court has directed under section 135(1)( b )(i) that the order shall now operate; or c the act or omission specified under section 135(1)( b )(ii) has occurred. 2 Before issuing such a decree the chief clerk shall record thereon a certificate embodying the purport of such affidavit. [ Forms of decree and orders 17 A decree or order made in proceedings under this Order shall be in such of Forms 286 to 291 as the circumstances of a particular case shall allow.] ORDER 31 PROCEEDINGS UNDER THE MATRIMONIAL CAUSES (NORTHERN IRELAND) ORDER 1978 1 Where application is made under Articles 35, 38 or 40 of the Matrimonial Causes (Northern Ireland) Order 1978, particulars of the question to be submitted to the decision of [ the judge] shall be filed in the Office and thereupon a summons shall be issued in the form specified in Form 137 and shall be served together with a copy of the particulars [ not less than 28 days before the date fixed for the hearing]. 2 [ The judge] shall direct what costs are to be allowed. ORDER 32 STATUTORY APPEALS, REFERENCES, APPLICATIONS AND CASES STATED PART I STATUTORY APPEALS, REFERENCES AND APPLICATIONS Appeals 1 1 This Rule shall apply, with any necessary modifications and subject to the provisions of the relevant enactment, to any appeal not otherwise provided for which under any enactment for the time being in force may lie to a county court against any order, determination, award or other decision of a tribunal (in this Order referred to as an “ order ”). 2 Every such appeal (in this Order referred to as an “ appeal ”) shall be by way of re-hearing and where any question of fact is involved in an appeal, the evidence bearing on such question shall be given orally unless [ the judge], as respects that evidence or any part thereof, otherwise directs. 3 Every appeal shall be brought by notice of appeal intituled in the matter of the relevant enactment and as between the parties to the appeal, and shall set forth the grounds upon which the appellant relies. 4 [ Subject to paragraphs [ (4A) to (4D)], every such notice] of appeal shall be served— a within the time provided by the relevant enactment and if no time is so provided then within twenty-one days from the date on which the order was made or within such further period as [ the judge], having regard to all the circumstances, may in his discretion allow; b upon every body or person making, or affected by, the order; and c subject to any directions of [ the judge] in like manner as a civil bill is served. 4A If the appeal is brought under section 35A or section 40B of the Immigration and Asylum Act 1999 (in this Rule referred to as “ the Act ”) against a decision of the Secretary of State to impose a penalty under section 32 of the Act or a charge under section 40 of the Act, the appeal notice must, subject to paragraph (4B), be served within twenty-eight days after receiving the penalty notice or charge notice. 4B If notice of objection has been given to the Secretary of State under section 35(4) or section 40A(3) of the Act within the time prescribed for doing so, the appeal notice must be served within 28 days after receiving notice of the Secretary of State’s decision in response to the notice of objection.] 4C If the appeal is brought under section 11 of the UK Borders Act 2007 (in this rule referred to as “ the 2007 Act ”) against a decision of the Secretary of State to impose a penalty under section 9(1) of the 2007 Act, the appeal notice must, subject to paragraph (4D), be served within twenty-one days from the date on which the penalty notice was received. 4D If notice of objection has been given to the Secretary of State under section 10 of the 2007 Act within the time prescribed for doing so, the appeal notice must be served within twenty-one days from the date on which the notice of the Secretary of State’s decision in response to the notice of objection was received.] 5 Every appeal shall be entered in the Office by the appellant who shall send by prepaid post to, or leave at, the Office— a a true copy or notice of the order if in his possession; and b a true copy of the notice of appeal and endorsement of each service thereof; so as to be received in the Office not later than [ 28 days before the date fixed for the hearing]. 6 Every appeal shall be to the equity sittings held next after the expiration of a period of fifteen days from the day on which notice of appeal is served. 7 An appellant may by his notice appeal against the whole or any part of the order and the notice shall state whether the whole or part only, and if part of which part, of the order is impugned. 8 Upon the entry of an appeal the chief clerk may require the secretary, registrar or other proper officer of the tribunal to furnish to the Office a copy of the order. 9 The chief clerk may make and issue to any party, or any person interested, a copy of the order. 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Subject to the provisions of this Rule, [ the judge] shall, in relation to an appeal, have the like powers and authorities as he has in the exercise of the jurisdiction of the court in equity matters. 12 Subject to the provisions of the relevant enactment and of this Rule, the procedure, rules and practice for the time being in force in county courts with respect to equity proceedings shall apply to every appeal. References 2 Rule 1 shall with any necessary modifications apply to any matter or proceedings not otherwise provided for where under any enactment for the time being in force any matter, question or issue whether of law or of fact may be submitted or referred to a county court for its opinion or decision. Applications 3 Any applications (other than an application by way of appeal or reference) under the provisions of any enactment for the time being in force, not otherwise provided for, may be brought either in the manner in which similar or analogous applications are brought in the county court or in the manner (subject to any necessary modifications) in which appeals may be brought under this Order. PART II CASES STATED Application of this Part 4 This Part shall apply, subject to the provisions of the relevant enactment and of the Rules of the Court of Judicature, to any case stated which, under the provisions of any enactment for the time being in force, may be stated for the opinion of the Court of Appeal. Stating of case 5 1 The judge may state a case on the application of any party. 2 An application for a case stated shall be made in the manner and within the time provided by the relevant statute, and if not so provided, then such an application shall be made in writing by delivering it to the chief clerk within a period of [ twenty-one days] commencing on the date on which the decision was given and a copy shall be given to the other party. 3 The written application shall set out the precise point of law involved in the decision with which the applicant is dissatisfied. 4 Subject to any directions of [ the judge] in special circumstances, a case stated shall be prepared by the party applying for it and shall be submitted in draft form to the other party or parties for approval within one month from the day on which [ the judge] directs the case to be stated. 5 The party to whom the draft case is submitted shall within three weeks from the day on which it is submitted to him return it with his observations thereon to the party who prepared it. 6 Every case stated shall be divided into paragraphs numbered consecutively and shall concisely state such facts and refer to such documents as may be necessary to enable the Court of Appeal to decide any question raised thereby. Submission and transmission of case 6 1 The party or parties preparing a case stated shall, within two months from the day on which [ the judge] directs the case to be stated or such longer time as [ the judge] may allow, submit it to [ the judge] for approval and settlement. 2 Any dispute between the parties as to the contents of the case stated shall be determined by [ the judge]. 3 [ The judge] shall within two months from receipt of a case stated approve and settle the case and shall— a sign it and insert the date of such signature; b where more than one party applies for a case stated, direct which applicant is to have carriage; and c transmit the case to the chief clerk. 4 Subject to paragraph (2), the chief clerk on receiving the signed case stated shall— a endorse thereon the date of receipt; and b transmit to the applicant a signed case with the date of transmission also endorsed. 5 Where any enactment or any order of [ the judge] requires a party having carriage of a case stated to fulfil any condition precedent (whether by way of giving security for costs, or of entering into a recognizance for the due prosecution of the case, or otherwise) to the entry of the case stated in the Court of Judicature, the chief clerk shall not transmit the case to the applicant until that condition has been fulfilled. 6 Where any such condition precedent is not fulfilled, or the party preparing the draft case does not submit it to [ the judge] for approval and settlement, within the time fixed by the enactment or by these Rules or such longer time as [ the judge] may allow, the application shall be deemed to be withdrawn and thereupon, if the case was stated— a after the determination of the proceedings, that determination shall stand affirmed; b before the determination of the proceedings, the proceedings, shall stand adjourned until the next succeeding sittings .... 7 Where the party to whom a draft case states has been submitted under Rule 5(5) makes default in complying with that Rule, the party having carriage may proceed in accordance with paragraph (1). [ PART IIA APPEALS FROM MAGISTRATES’ COURTS Power to extend time to give notice of appeal from a decision of a magistrates’ court 6A 1 An application for an extension of time under Article 144(2A) of the Magistrates’ Courts (Northern Ireland) 1981 shall be made in writing, specifying the grounds of the application. 2 The application under paragraph (1) shall be served on the chief clerk ... and at the same time a copy thereof shall be served by the applicant on every proposed respondent to the intended appeal. 3 A party who receives a copy of an application under paragraph (1) and who wishes to oppose the application shall within 14 days notify the applicant and the chief clerk in writing, of his opposition, giving the reasons therefor. 4 An application under paragraph (1) shall be determined by a judge who may direct a hearing and the chief clerk shall notify the parties of the time and place of any such hearing. 5 The chief clerk shall give notice of the decision of the judge to— a the applicant; b the clerk of petty sessions ...; and c the other parties to the application.] [ Application for special measures direction 6B 1 Any party to an appeal arising out of criminal proceedings in a magistrates’ court may apply for a special measures direction under Article 7 of the 1999 Order by giving notice in Form 137A. 2 If the application is for a special measures direction— a enabling a witness to give evidence by means of a live link, the information sought in Part 2 of Form 137A shall be provided; b enabling a video recording of an interview of a witness to be admitted as evidence in chief of the witness, the information sought in Part 3 of Form 137A shall be provided. 3 An application under paragraph (1) shall be made within 14 days from the date of the service of notice of appeal from a decision of a magistrates’ court. 4 The notice under paragraph (1) shall be served on the chief clerk ..., and at the same time a copy thereof shall be served by the applicant on every other party to the appeal. 5 Any party on whom a copy of a notice under paragraph (1) is served may oppose the application for a special measures direction in respect of any measure available in relation to the witness, whether or not the question whether the witness is eligible for assistance by virtue of [ Article 4 or 5) of the 1999 Order is in issue. 6 Any party who wishes to oppose the application shall, within 7 days of the date the notice was served on him, notify the applicant and the chief clerk, in writing, of his opposition and give reasons for it. 7 In order to comply with paragraph (6)— a a party shall state in the written notification whether he— i disputes that the witness is eligible for assistance by virtue of [ Article 4 or 5) of the 1999 Order; ii disputes that any of the special measures available would be likely to improve the quality of evidence given by the witness or that such measures (or a combination of them) would be likely to maximise the quality of that evidence; and] iii opposes the granting of a special measures direction; and b where the application relates to the admission of a video recording, a party who receives a recording shall provide the information required by Rule 6H(5). 8 Except where notice is received in accordance with paragraph (6), the court may— a determine the application in favour of the applicant without a hearing; or b direct a hearing. 9 Where a party to the appeal notifies the chief clerk in accordance with paragraph (6) of his opposition to the application, the court shall direct a hearing of the application. 10 Where a hearing of the application is to take place in accordance with paragraph (8) or (9), the chief clerk shall notify each party to the appeal of the time and place of the hearing. 11 A party notified in accordance with paragraph (10) may be present at the hearing and be heard. 12 The chief clerk shall, as soon as reasonably practicable, notify all the parties of the decision in Form 137B, and if the application was made for a direction enabling a video recording of an interview of a witness to be admitted as evidence in chief of that witness, the notification must state whether the whole or specified parts only of the video recording or recordings disclosed are to be admitted in evidence. Application for an extension of time 6C 1 Without prejudice to the generality of Order 43 Rule 10, an application may be made in writing for the period of 14 days specified in Rule 6B(3) to be extended. 2 The application may be made either before or after that period has expired. 3 The application shall be accompanied by a statement setting out the reasons why the applicant is or was unable to make the application within that period, and the application and the statement shall be served by the applicant on the chief clerk and on every other party to the appeal. 4 An application for an extension of time under this Rule shall be determined by a [ judge] without a hearing unless [ the judge] otherwise directs. 5 The chief clerk shall notify all the parties of [ the judge’s] decision.] [ Late applications 6D 1 Notwithstanding the requirements of Rule 6B— a an application for a special measures direction may be made orally at the hearing of the appeal; or b the court may of its own motion raise the issue whether a special measures direction should be given. 2 Where an application is made in accordance with paragraph (1)(a)— a the applicant must state the reasons for the late application; and b the court must be satisfied that the applicant was unable to make the application in accordance with Rule 6B. 3 The court shall determine, before making a special measures direction— a whether to allow other parties to the appeal to make representations on the question; b the time allowed for making such representations (if any); and c whether the question should be determined following a hearing at which the parties to the appeal may be heard. Discharge or variation of a special measures direction 6E 1 An application to discharge or vary a special measures direction under Article 8(2) of the 1999 Order shall be in writing and shall specify each material change of circumstances which the applicant alleges has occurred since the direction was made. 2 An application under paragraph (1) shall be served, by the applicant, on the chief clerk and on each party to the appeal as soon as reasonably practicable after the change of circumstances occurs. 3 Any party on whom the application is served in accordance with paragraph (2) may oppose the application on the ground that it discloses no material change of circumstances. 4 Paragraphs (6) to (12) of Rule 6B shall apply to an application to discharge or vary a special measures direction as they apply to an application for a direction. [ Application to dis apply or dis apply in part the primary rule 6EA 1 An application to disapply or disapply in part the primary rule under Article 9(4)( ba ) of the 1999 Order shall be made in writing and shall include such information as the court requires to make a determination. 2 An application under paragraph (1) shall be served, by the applicant, on the chief clerk and on each party to the proceedings as soon as reasonably practicable after the witness has expressed that wish. 3 Paragraphs (6) to (12) of Rule 6B shall apply to an application to disapply or disapply in part the primary rule as they apply to an application for a direction.] Renewal application following a material change of circumstances 6F 1 Where an application for a special measures direction has been refused by the court, the application may only be renewed (“ renewal application ”) where there has been a material change of circumstances since the court refused the application. 2 The applicant shall— a specify in the renewal application each material change of circumstances which is alleged to have occurred; and b serve the renewal application on the chief clerk, and on each party to the appeal, as soon as reasonably practicable after the change occurs. 3 Any party on whom the application is served in accordance with paragraph (2)(b) may oppose the application on the ground that it discloses no material change of circumstances. 4 Paragraphs (6) to (12) of Rule 6B, Rules 6G and 6H apply to a renewal application as they apply to the application which was refused. Application for special measures direction for witness to give evidence by means of a live link 6G 1 Where the application for a special measures direction is made in accordance with Rule 6B(2)(a), for a witness to give evidence by means of a live link, the following provisions of this Rule shall also apply. 2 [ . . .] A party who seeks to oppose an application for [ a child witness] to give evidence by means of a live link must, in order to comply with Rule 6B(6), state why in his view the giving of a special measures direction would not be likely to maximise the quality of the witness’s evidence. [ . . .] Video recording of testimony from witnesses 6H 1 Where an application is made for a special measures direction enabling a video recording of an interview of a witness to be admitted as evidence in chief of the witness, the following provisions of this Rule shall also apply. 2 Notice of the application made in accordance with Rule 6B(1) shall be accompanied by the video recording (or a copy of the video recording) which it is proposed to tender in evidence and shall include— a the name of the appellant and the offence charged; b the name and date of birth of the witness in respect of whom the application is made; c the date on which the video recording was made; d a statement as to whether, and if so at what point in the video recording, an oath was administered to, or a solemn declaration made by, the witness; e a statement that, in the opinion of the applicant, either— i the witness is available for cross-examination; or ii the witness is not available for cross-examination and the parties have agreed that there is no need for the witness to be so available; f a statement of the circumstances in which the video recording was made which complies with paragraph (4); and g the date on which the video recording was disclosed to the other party or parties. 3 Where it is proposed to tender part only of a video recording of an interview with the witness, the application must specify that part and be accompanied by a video recording of the entire interview, including those parts which it is not proposed to tender in evidence, and by a statement of the circumstances in which the video recording of the entire interview was made which complies with paragraph (4). 4 The statement of the circumstances in which the video recording was made referred to in paragraphs (2)(f) and (3) shall include the following information, except in so far as it is contained in the recording itself:— a the times at which the recording commenced and finished, including details of interruptions; b the location at which the recording was made and the usual function of the premises; c in relation to each person present at any point during, or immediately before, the recording— i their name, age and occupation; ii the time for which each person was present; and iii the relationship, if any, of each person to the witness and to the appellant; ca in relation to each person present at any point during the recording, a statement confirming that the said person when present is visible in the recording;] d in relation to the equipment used for the recording— i a description of the equipment; ii the number of cameras used; iii whether the cameras were fixed or mobile; iv the number and location of the microphones; v the video format used; and vi whether it offered single or multiple recording facilities and, if so, which were used; and e the location of the mastertape if the video recording is a copy and details of when and by whom the copy was made. 5 A party who receives a copy of a recording under paragraph (2) shall within 7 days of date on which it was served on him, notify the applicant and the chief clerk, in writing— a whether he objects to the admission under Article 15 of the 1999 Order of any part of the video recording or recordings disclosed, giving his reasons why it would not be in the interests of justice for the recording or any part of it to be admitted; b whether he would agree to the admission of part of the video recording or recordings and if so, which part or parts; and c whether he wishes to be represented at any hearing of the application. 6 Notwithstanding the provisions of Rule 6B and this Rule, a copy of any video recording which the appellant proposes to tender in evidence need not be sent to the prosecution until the close of the prosecution case at the hearing of the appeal. 7 The court may determine an application by the appellant to tender in evidence a video recording even though a copy of the recording has not, in accordance with paragraph (6), been served upon the prosecutor. 8 Where a copy of a video recording which is the subject of a special measures direction is sent to the prosecutor after the direction has been made, the prosecutor may apply to the court for the direction to be varied or discharged. 9 An application under paragraph (8) may be made orally to the court. 10 A prosecutor who makes an application under paragraph (8) shall state— a why he objects to the admission under Article 15 of the 1999 Order of any part of the video recording or recordings disclosed, giving his reasons why it would not be in the interests of justice for the recording or any part of it to be admitted; and b whether he would agree to the admission of part of the video recording or recordings and if so, which part or parts. 11 The court shall, before determining the application:— a direct a hearing of the application; and b allow all the parties to the appeal to be present and be heard on the application. 12 The chief clerk shall notify all parties to the appeal of the decision of the court as soon as reasonably practicable after the decision is given. 13 Any decision varying a special measures direction must state whether the whole or specified parts of the video recording or recordings subject to the application are to be admitted in evidence. Expert Evidence 6I Any party to an appeal who proposes to adduce expert evidence (whether of fact or opinion) in connection with an application or renewal application for, or an application to vary or discharge, a special measures direction shall, not less than 14 days before the date set for the hearing at which the evidence is to be adduced— a serve the other party or parties to the appeal with a statement in writing of any finding or opinion which he proposes to adduce by way of such evidence; and b where a request is made to him in that behalf by any other party to the appeal, provide that party also with a copy of (or if it appears to the party proposing to adduce the evidence to be more practicable, a reasonable opportunity to examine) the record of any observation, test, calculation or other procedure on which such finding or opinion is based and any document or other thing or substance in respect of which any such procedure has been carried out.] [ Evidence by live link by witness (other than the defendant) 6IA 1 An application for a direction under Article 10 of the Criminal Justice (Northern Ireland) Order 2004 for a witness (other than the defendant) to give evidence through a live link shall be made by giving notice in writing which shall be in Form 137T. 2 The application under paragraph (1) shall be made within 14 days from the date of the service of notice of appeal from a decision of a magistrates’ court. 3 The notice under paragraph (1) shall be served on the chief clerk ..., and at the same time a copy thereof shall be served by the applicant on every other party to the appeal. 4 Any party who wishes to oppose the application shall, within 7 days of the date that notice under paragraph (1) was served on him, notify the applicant and the chief clerk, in writing, of his opposition and give reasons for it. 5 Except where notice 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 appeal notifies the chief clerk in accordance with paragraph (4) of his opposition to the application, the court shall direct a 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 appeal of the time and place of the hearing. 8 A party notified in accordance with paragraph (7) may be present at the hearing and be heard. 9 The chief clerk shall, as soon as reasonably practicable, notify all the parties of the decision in Form 137U, and, where a direction is given, the notification shall state— a if known, the place where the witness will give evidence; b where the witness is to give evidence on behalf of the prosecutor or where disclosure is required by section 6A(2) of the Criminal Procedure and Investigations Act 1996, the name of witness; c the location of the court at which the appeal will be held; and d any conditions specified by the court in accordance with paragraph (10). 10 In determining an application under paragraph (1), the court may specify that as a condition of the direction, the witness should give evidence in the presence of a specified person who is able and willing to answer under oath or affirmation any questions the court may put as to the circumstances in which the evidence is given, including questions about any persons who are present when the evidence is given and any matters which may affect the giving of the evidence. Application for rescission of a direction 6IB 1 An application to rescind a direction for a witness to give evidence through a live link under Article 11(5)( a ) of Criminal Justice (Northern Ireland) Order 2004 shall be made in writing and shall specify each material change of circumstances which the applicant alleges has occurred since the direction was made. 2 An application under paragraph (1) shall be served on the chief clerk and on every other party to the appeal as soon as is reasonably practicable after the change in circumstances occurs. 3 Any party on whom a copy of the notice under paragraph (2) is served may oppose the application on the ground that it discloses no material change of circumstances. 4 Paragraphs (4) to (9) of Rule 6IA shall apply to an application to rescind a live link direction as they apply to an application for a live link direction.] [ Prohibition on cross-examination of particular witness 6J 1 An application by the prosecutor for a direction under Article 24 of the 1999 Order in relation to any witness shall be made by giving notice in Form 137C to the chief clerk and at the same time the applicant shall serve a copy thereof on every other party to the appeal. 2 In his application the prosecutor shall state why, in his opinion– a the evidence given by the witness is likely to be diminished if cross-examination is undertaken by the appellant in person; b the evidence would be improved if a direction were given under Article 24(2) of the 1999 Order; and c it would not be contrary to the interests of justice to give such a direction. 3 On receipt of the application, the chief clerk shall refer it— a to a judge; or b if the hearing of the appeal has started, to the judge hearing the appeal. 4 Where a copy of a notice under paragraph (1) is served on a party to the appeal more than 14 days before the date set for the hearing of the appeal, that party may, within 14 days, make observations in writing in relation to the application to the chief clerk and shall serve a copy of such observations on every other party to the appeal. 5 A party on whom a copy of a notice under paragraph (1) is served may notify the chief clerk and every other party to the appeal, in writing, of his opposition to the application and give reasons for it. 6 Those reasons shall be notified— a within 14 days of the date on which notice of the application was served on him, if that date is more than 14 days before the date set for the hearing of the appeal; b if the hearing of the appeal has begun, in accordance with any directions issued by [ the judge] hearing the appeal; or c if neither sub-paragraph (a) nor sub-paragraph (b) apply, before the date set for the hearing of the appeal. 7 Where an application under paragraph (1) is made before the date set for the hearing of the appeal and the application— a is not contested by any party to the appeal, the court may determine the application without a hearing; b is contested by a party to the appeal, the court shall direct a hearing of the application. 8 Where the application is made after the hearing of the appeal has begun— a the application may be made orally; and b [ the judge] hearing the appeal may give such directions as he considers appropriate in order to deal with the application. 9 Where a hearing of the application is to take place, the chief clerk shall notify each party to the appeal of the time and place of the hearing. 10 A party notified in accordance with paragraph (9) may be present at the hearing and be heard. 11 The chief clerk shall, as soon as reasonably practicable after the determination of an application made under paragraph (1), notify all the parties to the appeal of the decision and the reasons for it. 12 A person making an oral application under paragraph (8)(a) shall— a give reasons why the application was not made before the hearing of the appeal commenced; and b provide the court with the information set out in paragraph (2). Restrictions on cross-examination of witness by the accused person 6K 1 This Rule and Rules 6L and 6M apply where an appellant is prevented from cross-examining a witness in person by virtue of Article 22, 23 or 24 of the 1999 Order. 2 The court shall as early in the proceedings as is reasonably practicable— a explain to the appellant that he is prevented from cross-examining a witness in person; and b invite him to arrange for a legal representative to act for him for the purpose of cross-examining the witness. 3 The appellant shall within 7 days of the court giving its explanation, or within such other period as the court may in any particular case allow, give notice to the chief clerk in writing as to whether or not he has arranged for a legal representative to act on his behalf. 4 Where the appellant has arranged for a legal representative to act for him, the notice shall include details of the name and address of the representative. 5 The chief clerk shall notify all other parties to the appeal of the name and address of any person appointed by the appellant to act on his behalf. 6 Where the court gives its explanation under paragraph (2) to the appellant— a within 7 days of the date set for the commencement of any hearing at which a witness in respect of whom a prohibition under Article 22, 23 or 24 of the 1999 Order applies may be cross-examined, or b after such a hearing has commenced; the period of 7 days within which the appellant is required to give notice under paragraph (3) shall be reduced in accordance with any direction issued by the court. 7 Where at the end of the period of 7 days or such other period as the court has allowed, the court has not received notice from the appellant under paragraph (3), it may grant the appellant an extension of time, whether of its own motion or on the application of the appellant. 8 Before granting an extension of time, the court may direct a hearing at which all parties to the appeal may attend and be heard. 9 Any extension of time shall be for such period as the court considers appropriate in the circumstances of the case. 10 The decision of the court as to whether to grant the appellant an extension of time shall be notified to all parties to the appeal by the chief clerk in Form 137D. Appointment by the court 6L 1 Where the court decides, in accordance with Article 26(4) of the 1999 Order, to appoint a qualified legal representative, the chief clerk shall notify all parties to the appeal of the name and address of that representative. 2 An appointment made by the court under Article 26(4) of the 1999 Order shall, except to such extent as the court may in any particular case determine, terminate at the conclusion of the cross-examination of any witness in respect of whom a prohibition under Article 22, 23 or 24 of the 1999 Order applies. Appointment arranged by the appellant 6M 1 The appellant may arrange for the qualified legal representative, appointed by the court under Article 26(4) of the 1999 Order, to be appointed to act for him for the purpose of cross-examining any witness in respect of whom a prohibition under Article 22, 23 or 24 of the 1999 Order applies. 2 Where such an appointment is made— a both the appellant and the qualified legal representative shall notify the court of the appointment in writing; and b the qualified legal representative shall, from the time of his appointment, act for the appellant as though the arrangement had been made under Article 26(2)( a ) of the 1999 Order and shall cease to be the representative of the court under Article 26(4) of the 1999 Order. 3 Where the court receives notification of the appointment either from the qualified legal representative or from the appellant but not from both, the court shall investigate whether the appointment has been made, and if it concludes that the appointment has not been made, paragraph (2)(b) shall not apply. 4 The appellant may, notwithstanding an appointment by the court under Article 26(4) of the 1999 Order, arrange for a legal representative to act for him for the purpose of cross-examining any witness in respect of whom a prohibition under Article 22, 23 or 24 applies. 5 Where the appellant arranges for, or informs the court of his intention to arrange for a legal representative to act for him, he shall notify the court in writing within such period as the court may allow, of the name and address of any person appointed to act for him. 6 Where the court is notified within the time allowed that such an appointment has been made, any qualified legal representative appointed by the court in accordance with Article 26(4) of the 1999 Order shall be discharged. 7 The chief clerk shall as soon as reasonably practicable after notification is received by the court, or where paragraph (3) applies, after the court is satisfied that the appointment has been made, notify all the parties to the appeal in Form 137E that— a the appointment has been made; b where paragraph (4) applies, of the name and address of the person appointed; c that the person appointed by the court under Article 26(4) of the 1999 Order has been discharged or has ceased to act for the court. Procedure for applications in proceedings for sexual offences 6N 1 Subject to paragraph (10), an application under Article 28(2) of the 1999 Order for leave to adduce evidence of, or ask questions about, any sexual behaviour of the complainant shall be made by giving to the chief clerk notice in Form 137F and shall— a be served on the chief clerk within 14 days from the date of the service of notice of appeal from a decision of a magistrates’ court; or b be accompanied by a full written explanation specifying the reasons why the application could not have been served in accordance with sub-paragraph (a). 2 An application in Form 137F shall contain the following— a a summary of the evidence it is proposed to adduce and of the questions it is proposed to put to any witness; b a full explanation of the reasons why it is considered that the evidence and questions fall within Article 28(3) or (5) of the 1999 Order; c a summary of any document or other evidence to be submitted in support of such evidence and questions; d where it is proposed that a witness give evidence at the hearing of the appeal as to the complainant’s sexual behaviour, the name and date of birth of any such witness. 3 A copy of the application under paragraph (1) shall be served, by the applicant, on every other party to the appeal at the same time as it is served on the chief clerk. 4 The prosecutor shall notify the chief clerk and the other parties to the appeal in Form 137G— a whether or not he opposes the application, giving reasons for any such opposition, and b whether or not he wishes to be represented at any hearing of the application, and where the notice of application is received by the prosecutor more than 14 days before the date set for the hearing of the appeal, the notification must be served by the prosecutor within 14 days of receipt. 5 Where a copy of the application is received by a party to the appeal other than the prosecutor more than 14 days before the date set for the hearing of the appeal, that party may, within 14 days, make observations in writing in relation to the application to the chief clerk and shall serve a copy of such observations on every other party to the appeal. 6 In considering any application under this Rule, the court may request a party to the appeal to provide the court with such information as it may specify in Form 137H and which the court considers would assist in determining the application. 7 Where the court makes such a request, the person required to provide the information shall do so within 14 days of the court making the request or by such time as the court considers appropriate in the circumstances of the case. 8 An application under paragraph (1) shall be determined by a [ judge] following a hearing. 9 The date and time of the hearing shall be— a determined by the chief clerk after taking into consideration— i any time which a party to the appeal has been given to respond to a request for information; and ii the date fixed for any other hearing relevant to the appeal; and b notified by the chief clerk to all the parties to the appeal. 10 An application under Article 28(2) of the 1999 Order may be made orally to the court where the application is made after the hearing of the appeal has begun. 11 The person making the application under paragraph (10) shall— a give reasons why the appellant failed to make the application in accordance with paragraph (1); and b provide the court with the information set out in paragraph (2). 12 The chief clerk shall, as soon as reasonably practicable after the hearing of an application under paragraph (1), give notice of the decision of the court in Form 137I to all the parties to the appeal.] [ Application for reporting direction 6NA 1 An application by a party to an appeal arising out of criminal proceedings in a magistrates’ court for a reporting direction under section 46 of the 1999 Act in relation to a witness at that appeal may be made at any time after service of the notice of appeal by giving notice in Form 137J. 2 The notice under paragraph (1) shall be served on the chief clerk, and at the same time a copy thereof shall be served, by the applicant, on every other party to the appeal. 3 Any party who wishes to oppose the application shall, within 7 days of the date notice of the application was served on him, notify the applicant and the chief clerk, in writing, of his opposition, giving reasons for it. 4 In order to comply with paragraph (3) a party shall state in the written notification whether he— a disputes that the witness is eligible for protection under section 46 of the 1999 Act; and b disputes that the granting of protection would be likely to improve the quality of evidence given by the witness or the level of co-operation given by the witness to any party to the proceedings in connection with the party’s preparation of its case. Application for excepting direction 6NB 1 An application for a direction under section 46(9) of the 1999 Act (“an excepting direction”) may be made at any time after the hearing of the appeal has begun if a reporting direction has been given by the court in respect of a witness at that appeal. 2 The application under paragraph (1) may be made by— a any party to the appeal; or b any person who, although not a party to the appeal, is directly affected by a reporting direction given in relation to a witness in that appeal or could be so affected if the court in determining an application gave a reporting direction. 3 An application for an excepting direction may be made— a orally at the time the reporting direction is given; or b by giving notice in Form 137K. 4 An applicant for an excepting direction shall state why, in his opinion— a the effect of the restrictions imposed (or which the applicant for the reporting direction seeks to have imposed) places a substantial and unreasonable restriction on the reporting of the proceedings; and b it is in the public interest to remove or relax those restrictions. 5 Where the application for an excepting direction is made in writing, the notice under paragraph (3)(b) shall be served on the chief clerk, and at the same time a copy thereof shall be served, by the applicant, on every other party or, as the case may be, every party to the appeal. 6 Any party who wishes to oppose the application shall, within 7 days of the date notice of the application was served on him, notify the applicant and the chief clerk, in writing, of his opposition, giving reasons for it. Variation or revocation 6NC 1 An application to— a revoke a reporting direction; or b vary or revoke an excepting direction, may be made at any time after the hearing of the appeal has begun. 2 The application under paragraph (1) may be made by— a any party to the appeal in which the direction was given; or b any person who, although not a party to the appeal is, in the opinion of the court, directly affected by the direction. 3 The application under paragraph (1) shall be made by giving notice in Form 137L which— a shall specify the grounds upon which the applicant seeks to have the direction varied or, as the case may be, revoked; and b shall be served, by the applicant, on the chief clerk and on every other party or, as the case may be, every party to the appeal. 4 Any party who wishes to oppose the application shall, within 7 days of the date the application was served on him, notify the applicant and the chief clerk, in writing, of his opposition, giving reasons for it. Hearings 6ND 1 Subject to paragraph (2), the court may— a determine any application made under Rule 6NA, 6NB or 6NC without a hearing; or b direct a hearing of any such application. 2 Where a party to the appeal notifies the chief clerk of his opposition to an application under Rule 6NA, 6NB or, as the case may be, 6NC, the court shall direct a hearing of that application. 3 Where a hearing of an application is to take place in accordance with this Rule, the chief clerk shall notify each party to the appeal of the time and place of the hearing. 4 A party notified in accordance with paragraph (3) may be present at the hearing and be heard. 5 Before determining an application, the court may hear and take into account representations made to it by any person who in the court’s opinion has a legitimate interest in the application before it. 6 The chief clerk shall, as soon as reasonably practicable after the determination of an application under Rule 6NA, 6NB or 6NC, notify all the parties to the appeal of the decision of the court in Form 137M. Notice required to accompany process served outside the United Kingdom 6NE 1 The notice which by virtue of section 3(4)(b) of the 2003 Act shall accompany any process served outside the United Kingdom shall give the information specified in paragraphs (2) and (4). 2 The notice shall— a state that the person required by the process to appear as a party or attend as a witness may obtain information about his rights in connection with such requirement from the relevant authority; and b give the particulars specified in paragraph (4) about that authority. 3 The “relevant authority” where the process is served— a at the request of the prosecuting authority, is that prosecuting authority; b at the request of the appellant, or of the prosecutor in the case of a private prosecution, is the court by which the process is served. 4 The particulars referred to in paragraph (2) are— a the name and address of the prosecuting authority or, as the case may be, the court, together with its telephone and fax numbers and e-mail address; b the name of a person at the prosecuting authority or, as the case may be, the court who can provide the information referred to in paragraph (2)(a), together with his telephone and fax numbers and e-mail address. 5 Where section 3(3) of the 2003 Act applies, the chief clerk shall require any process served outside the United Kingdom to be accompanied by— a any translation which is provided under section 3(3)(b) of the 2003 Act; and b any translation of the information required to be given by this Rule which is provided to him. Proof of service outside the United Kingdom 6NF 1 The service on any person under section 4(1) of the 2003 Act of any process issued or made may be proved in any proceedings by a certificate given by or on behalf of the Secretary of State. 2 A statement in any such certificate as is mentioned in paragraph (1)— a that a process has been served; b of the manner in which service was effected; c of the date on which a process was served, shall be admissible as evidence of any facts so stated.] [ Procedure for the admission of evidence of bad character 6NG 1 A party to an appeal arising out of criminal proceedings in a magistrates’ court who wants to adduce evidence of a non-appellant’s bad character or to cross examine a witness with a view to eliciting such evidence, under Article 5 of the 2004 Order, shall give notice in Form 137N. 2 Notice under paragraph (1) shall be served on the chief clerk ... and on every other party to the appeal within 14 days from the date of the service of notice of appeal from the decision of a magistrates’ court. 3 Any party who wishes to oppose the application under paragraph (1) shall, within 14 days from the date on which notice of the application was served on him, notify the chief clerk and every other party to the appeal, in Form 137O, of his opposition. 4 A party to an appeal arising out of criminal proceedings in a magistrates’ court who wants to adduce evidence of an appellant’s bad character or to cross examine a witness with a view to eliciting such evidence, under Article 6 of the 2004 Order, shall give notice in Form 137P. 5 Notice under paragraph (4) shall be served on the chief clerk ... and on every other party to the appeal within 14 days from the date of the service of notice of appeal from the decision of a magistrates’ court. 6 An application by an appellant to exclude bad character evidence shall be in Form 137Q and shall be served on the chief clerk ... and on every other party to the appeal within 7 days from the date on which the notice under paragraph (4) was served on him. 7 An appellant who is entitled to have a notice served on him under this Rule may waive his entitlement by so informing the court and the party who would have served the notice. 8 Without prejudice to the generality of Order 43 Rule 10, the court may, if it considers that it is in the interests of justice to do so,— a allow a notice or application required under this Rule to be given in a different form or orally; or b abridge or extend the time for service of a notice or application required under this Rule, either before or after that period expires. Procedure for the admission of hearsay evidence 6NH 1 This Rule shall apply where a party to an appeal arising out of criminal proceedings in a magistrates’ court wishes to adduce evidence on one or more of the grounds set out in Article 18(1)( a ) to ( d ) of the 2004 Order and in this Rule, such evidence is referred to as “ hearsay evidence ”. 2 A party who wishes to adduce hearsay evidence shall give notice in Form 137R. 3 Notice under paragraph (2) shall be served on the chief clerk ... and on every other party to the appeal within 14 days from the date of the service of notice of appeal from the decision of a magistrates’ court. 4 Any party who wishes to oppose the admission of hearsay evidence under paragraph (2) shall, within 14 days from the date on which notice was served on him, notify the chief clerk and every other party to the appeal, in Form 137S, of his opposition. 5 A party who is entitled to have notice served on him under this Rule may waive his entitlement by so informing the court and the party who would have served the notice. 6 Without prejudice to the generality of Order 43 Rule 10, the court may, if it considers that it is in the interests of justice to do so,— a dispense with the requirement to give notice of intention to adduce hearsay evidence; b allow a notice required under this Rule to be given in a different form, or orally; or c abridge or extend the time for service of a notice required under this Rule, either before or after that period expires.] [ APPEALS IN SMALL CLAIMS CASES PART IIB APPEALS IN SMALL CLAIMS CASES 6O 1 An appeal under Article 30(4)(ab) of the Order shall be brought by Notice of Appeal in Form 130 and shall set out the question of law which is the subject of the appeal and the grounds upon which the appellant relies. 2 The Notice of Appeal shall, within twenty one days from the date the order, decision or determination was made, be served by the appellant on the chief clerk and on the Respondent and any other party to the proceedings. 3 The Respondent may within twenty one days from the date of the Notice of Appeal, serve on the chief clerk and the appellant and any other party to the proceedings a notice in Form 131 setting out whether or not he opposes the appeal and the grounds on which he relies. 4 The judge may give such directions as he considers appropriate in relation to the appeal including if it is to be by way of rehearing and the chief clerk shall notify the parties accordingly. 5 The decision on the appeal shall be notified by the chief clerk to the parties in Form 131A.] PART III INTERPRETATION Interpretation 7 In this Order the expression— [ “ the 2003 Act ” means the Crime (International Co-operation) Act 2003;] and [ “ the 1999 Act ” means the Youth Justice and Criminal Evidence Act 1999;]. “the 1999 Order” means the Criminal Evidence (Northern Ireland) Order”. [ “ the 2004 Order ” means the Criminal Justice (Evidence) (Northern Ireland) Order 2004;]. “ enactment ” means an Act or statutory instrument or any provision of an Act or statutory instrument; [ “ process ” has the same meaning as in section 51(3) of the 2003 Act;]. “ Supreme Court ” includes any division or [ judge] of that Court; “ tribunal ” means any court, authority, body or person making the order. ORDER 33 Decrees Record of decrees 1 The chief clerk shall enter in the books of the court a minute of every decree made by the court. [ Claim for interest 1A The sum for which a decree or award for debt or damages is granted or made in proceedings [ . . .] may include interest down to the date of the decree or award, provided— a that the amount claimed as interest appears from the particulars of claim set out in the civil bill, [ application for arbitration or other originating process] calculated to the date of issue thereof; and b in proceedings for either debt or damages, where interest is claimed under Article 45A of the Order, that the rate of interest is not higher than that payable on decrees in accordance with Rule 2.] Interest on amount awarded by decree 2 Subject to Article 127 of the judgements Enforcement (Northern Ireland) Order 1981 the amount awarded by decree (not being a penal sum for securing principal and interest) including any interest and costs thereby awarded shall, subject to any direction by [ the judge], carry interest at the rate of [ 8] per centum per annum from the date on which the decree was made. Recovery of value added tax 3 1 Subject to paragraph (2), in a decree there shall be added after the words “witnesses’ expenses” the words “and, in addition, any sum for value added tax recoverable by the plaintiff [or (in the case of a dismiss) defendant]”. 2 Paragraph (1) shall not apply [ . . .] where value added tax is not recoverable by the successful party under Rule 4 of Order 55. 3 Before serving notice of intent under the judgement Enforcement Rules (Northern Ireland) 1981 to enforce a decree which orders the recovery of value added tax as provided for in Rule 4 of Order 55, the party in whose favour the decree was given shall forward the decree together with a certificate in Form 153 to the Office and the chief clerk shall endorse on the decree a statement to the effect that value added tax in the appropriate amount has been certified. Lodgment of decree 4 1 It shall be the duty of the party in whose favour any order is made by [ the judge] to forward the appropriate form of decree to the Office for signing and sealing; and, in the event of an appeal, such form of decree shall be lodged a reasonable time before the hearing. 2 Where the court makes an attachment of earnings order or an order under Article 107 of the Judgments Enforcement (Northern Ireland) Order 1981 or stays enforcement of any decree or order on the ground of the debtor’s inability to pay, the party in whose favour such order or decree is made shall, in addition to complying with paragraph (1), at the same time forward a copy thereof to the Office. 3 The chief clerk shall, after comparing the form of order or decree referred to in paragraph (1) with the copy forwarded under paragraph (2), certify such copy before transmitting it to the Enforcement of Judgments Office in accordance with Article 116 of the said Order of 1981. Amounts for which decree issued to be in decimal currency 5 A decree for the payment of a sum of money must state the sum in decimal currency. Issue of decree 6 —[ . . .] 2 For the purposes of enabling all parties in whose favour a decree is given, either wholly or in part to secure execution thereon, the chief clerk may issue to the parties so entitled such number of decrees as may appear to him requisite to implement the orders of the court; and where more than one decree is or is to be issued there shall be endorsed on the face of every decree issued the words “issued to enable AB to obtain the relief provided for him herein”. Decrees for debt or damages 7 1 A decree for debt or damages [ . . .] shall be in Form 138. 2 A decree where a counterclaim has been established shall be in Form 139. 3 A decree for debt or damages in favour of a minor shall be in Form 140 and an order appointing a guardian to a minor and approving settlement of claims shall be in Form 141. 4 A dismiss of a civil bill for debts or damages shall be in Form 142. Decrees for recovery of land 8 1 A decree for the recovery of land shall be in [ Form 56,] Form 143 or Form 144 as appropriate. 2 A dismiss of a civil bill claiming recovery of land shall be in Form 145. Stay of execution of decrees in ejectment 9 In all cases of decrees in ejectment, [ the judge] may grant such stay of execution as he considers reasonable in the circumstances. Stay of execution and removal thereof 10 1 The chief clerk shall endorse or cause to be endorsed on a decree the terms of any stay of execution granted by the court. 2 A decree shall not issue until such stay be removed. 3 A party seeking to remove a stay of execution upon default in complying with such terms shall lodge in the Office an affidavit setting out particulars of the default. 4 Where such default is in the payment of a sum by instalments or some or one of them, the affidavit shall set out particulars of and the amounts of the several instalments (if any) which have been paid and particulars of the default including the amount then due on foot of the decree. 5 The chief clerk shall, before issuing a decree, write and sign or cause to be written and signed on the face of the decree a statement that the stay of execution has been removed. 6 Where the decree is such as is referred to in paragraph (4), the statement shall specify the total amount of the instalments (if any) paid to the date of the affidavit lodged under paragraph (3) and the decree shall issue for the whole amount remaining due on foot of the decree after deducting such instalments (if any) as have been paid thereunder as shown in the said affidavit but with the addition to the costs therein stated of a sum of— a £7.74 as from 13 February 2017; or b £7.86 as from 13 February 2018. as the costs and outlay of the said affidavit.] 7 In the application of this rule to decrees issued under Order 26, references to “affidavit” shall be construed as references to a “statement of truth” and paragraph (6) shall be read as if the words from “but with” to the end were omitted.] Decree for balance of rent and costs under section 61 of the Landlord and Tenant Law Amendment Act, Ireland, 1860 11 A decree for the balance of rent and costs under section 61 of the Landlord and Tenant Law Amendment Act, Ireland, 1860 shall be in Form 146. Decree for payment of legacy or a distributive portion of the assets of an intestate 12 A decree for payment of a legacy shall be in Form 147 and a decree for payment of a distributive portion of the assets of an intestate shall be in Form 148. Decrees in action [ for wrongful interference with goods] 13 In actions [ for wrongful interference with goods] the decree, if for the plaintiff— a may be in Form 149 and may be for the value of the goods detained together with a sum to be stated in the decree by way of damages for the detention and costs, but it may be part of the decree that the decree shall not issue if the defendant on or before a named day pays a specified sum for damages for the detention and costs and also returns the goods to the plaintiff and if the plaintiff accepts the same; b may be in Form 150 and may order the return of the goods, detained together with a sum to be stated in the decree by way of damages for the detention and costs. Decree rectifying or setting aside deed 14 A decree rectifying a deed shall be in Form 151 and a decree setting aside a deed shall be in Form 152. Order for preparation and execution of a deed 15 Where an order directs any deed to be prepared and executed, it shall state by what party the deed is to be prepared and to whom it is to be submitted for approval and who is to bear the costs thereof; and if the parties cannot agree as to the form of the deed, [ the judge] may, on the application of either party, settle the same himself or name counsel by whom the same is to be settled, subject to the final approval of [ the judge] and his discretion as to costs. Sale of land 16 1 Where any land is ordered to be sold, the order shall direct who is to have the conduct of the sale, where the sale is to be held and by whom the conditions and contracts of sale and the abstract of title, if any such are necessary, is to be prepared. 2 Where any land is ordered to be sold, any party bound by the order and in possession of the estate, or in receipt of the rents or profits thereof, shall be compelled to deliver up possession or receipt to the purchaser, or such other person as may be named in the order. 3 Unless otherwise ordered, where an order is made directing any land to be sold— a the land shall be sold with the approval of [ the judge] or subject to a reserved price fixed by the court at the best price that can be got; b all such parties as [ the judge] directs shall join in the sale and conveyance and, where any party refuses or neglects to sign any necessary document, [ the judge] may make an order vesting the land or authorising a specified person to sign such document on behalf of the party so refusing or neglecting; and c the person authorised by the conditions of sale to receive the purchaser’s deposit shall forthwith upon the privity of the Accountant General lodge the amount of such deposit in accordance with Court Funds Rules and when the sale is complete the balance of the purchase money shall be lodged in like manner. 4 A sale retained within the court shall be conducted in accordance with this Rule and Rule 18 and Order 34. Sale of personal property 17 1 Where an order directs any personal property to be sold, the property shall be sold by public auction or private contract as [ the judge] directs and shall, unless otherwise ordered, be sold with the approval of [ the judge] at the best price that can be got. 2 Where any personal property is directed to be sold by public auction or to be detained or preserved, a receiver or such other person as [ the judge] directs shall, if [ the judge] so directs, superintend the sale, detention or preservation, and, where such property is directed to be sold by private contract, it shall be the duty of the receiver or other person as aforesaid unless [ the judge] otherwise directs, to see that the directions of [ the judge] are carried out. 3 This Rule shall not apply to an execution which is required to be made by the Enforcement of Judgments Office under a decree to which the Judgments Enforcement (Northern Ireland) Order 1981 applies. Form of affidavit of value 18 Where an affidavit is made for the purpose of enabling the court to fix reserve biddings, the value of the property shall be stated in an exhibit so as not to be disclosed by the affidavit when filed. Proof of payment of duty payable 19 Before making any payment under or issuing an order directing the payment or transfer of any fund in respect of which any death duties are payable to the revenue it shall be the duty of the chief clerk to require a certificate from the proper officer of, or the production of the receipt for, the payment of the duty chargeable in respect of the fund. Order of High Court 20 Where the High Court has heard and determined an appeal from a decree of a county court, the party entitled to the benefit of the order made on appeal shall deposit in the Office the order of the High Court or an office copy thereof. ORDER 34 Sale Of Land By The Court Application of this Order 1 This Order shall apply to the conduct of a sale which is to be retained within the court. Approval of [ judge] or reserved bidding 2 The sale shall be subject to the approval of [ the judge] or to a reserved bidding to be fixed by the court. Counsel, valuers and auctioneers 3 [ The judge] may from time to time appoint court conveyancing counsel, court valuers and court auctioneers either generally or for particular sales at such scales of fees as he may fix; and in default of any such appointments by [ the judge], the [ district judge] may nominate or approve appointments for particular sales. Bidding by parties 4 A party to the suit shall not bid at the sale unless liberty to bid is given in the order for sale or the permission of [ the judge] is obtained on application made on notice to the other parties to the suit. Lodgment and approval of documents 5 1 The solicitor for the party having carriage shall lodge in the Office for the approval of the [ district judge] and his directions thereon— a all documents of title in his possession or power; b unless dispensed with by the [ district judge], the abstract of title; c draft particulars and conditions of sale in Form 154; d a draft advertisement; and e if so directed by the [ district judge], a draft case for court counsel, drawing attention to any difficulties in connection with the title or the actual occupation of the property requiring special mention in the conditions of sale. 2 The above documents when approved by the [ district judge] together with a copy of the certificate of the [ district judge] on has inquiry as to incumbrancers shall, if so directed by him, be submitted to court counsel and, where no such direction is given, the documents mentioned in Rule 7 may be lodged for approval in the Office at the same time as the documents mentioned in paragraph (1). Joining of persons not before the court 6 If counsel advises that any person necessary to make title is not before the court, the consent of such person to the sale and his undertaking to join in the purchase deed shall be procured in writing, and his signature verified by affidavit and failing such consent, notice of the order for sale shall be served on such person. Procedure following return of papers from counsel 7 On receiving the papers back from counsel, the solicitor having carriage shall— a re-lodge the papers in the Office for settling and fixing of dates by the [ district judge] and shall at the same time lodge— i draft form of affidavit to be made by the court valuer in Form 155; ii draft reserved bidding report in Form 156, to be marked as exhibit “B” to such affidavit; iii an envelope marked “B” and endorsed with the title of the suit, to contain the valuer’s reserved bidding report when completed; iv draft auctioneer’s affidavit of biddings in Form 157; and v draft bidding paper in Form 158; and b send to the court valuer a copy of the advertisement and the documents mentioned in sub-paragraphs (i) to (iii) of paragraph (a) together with a covering letter instructing him as to— i the completion and return to the solicitor of the affidavit mentioned in paragraph ( a )(i) with the copy advertisement marked as exhibit “A” thereto; and ii the completion and forwarding to the Office, before the date fixed for the sale, of the reserved bidding report mentioned in paragraph ( a )(ii), which report shall be marked as exhibit “B” to the affidavit. Attendance at sale 8 The solicitor having carriage shall attend the sale and arrange for the completion by the court auctioneer of the documents mentioned in Rule 7( a )(iv) and (v), and relodging of all papers in the Office. Where sale is subject to approval of [ judge] 9 Where a sale is subject to the approval of [ the judge]— a the certificate of the [ district judge] shall be in Form 159; and b the solicitor having carriage shall on notice to the proposed purchaser and the other parties make application to [ the judge] by notice of motion in Form 160 for confirmation of the sale, and [ the judge] may either confirm the sale by order in Form 161 or make such other order thereon as he thinks fit having regard to the court valuer’s report and the biddings. Where sale is subject to reserved price 10 1 Where the sale is subject to a reserved price fixed by the court, the purchaser or his solicitor may attend the sitting of the [ district judge] on the day fixed by the advertisement, and if there be any objection to the confirmation of the sate it shall be stated at that sitting. 2 Where the reserved price fixed by the court has been reached the [ district judge] may confirm the sale by certificate in Form 162 and direct that the deposit be forthwith lodged in court to the credit of the suit, and the certificate of the [ district judge] confirming the sale shall be binding on all parties from the date thereof unless it is discharged or varied on application to [ the judge] by notice of motion made before the expiration of eight days from that date. 3 Where the [ district judge] refuses to confirm the sale, he shall certify his refusal in Form 16 and direct that further proceedings shall be by way of either— a an application to [ the judge] under Rule 9; or b advertisement for re-sale by tender, subject to the approval of [ the judge] with such consequential directions thereon as he considers necessary; and where he directs further proceedings under paragraph ( b ) he shall order the return of the deposit made by the highest bidder. Order for execution of conveyance or for possession 11 A notice of motion for an order for the execution of a conveyance or for possession shall be in Form 164, an order for the execution of a conveyance shall be in Form 165 and an order to put a Purchaser in possession shall be in Form 166. ORDER 35 Ejectment Proceedings Record of ejectments 1 1 The chief clerk shall enter in a book to be kept for that purpose particulars of all decrees in ejectment and for each such decree shall enter the names of the plaintiffs and defendants and the tenements recovered as specified in the civil bill concerning the same. 2 The book kept under paragraph (1) shall be open for inspection during the hours when the Office is open on payment to the chief clerk of the prescribed fee. Amount of rent due 2 At the hearing of every ejectment proceeding for non-payment of rent, the chief clerk shall enter in the ejectment book the sum of money ascertained to be due and owing for rent, and the time up to which the same is due and the chief clerk, before he signs his name to such decree, shall compare with such entry the statement in the decree in such ejectment of the amount of rent so ascertained to be due; and the clerk shall certify on such decree the amount of rent so ascertained, and the date up to which the same is due. Costs 3 [ The judge or district judge as the case may be], upon the hearing of any ejectment proceedings where there is more than one defendant, may order that the costs of the proceedings shall be paid by and recovered from one or more of such defendants and not from the other or others of them. Restitution 4 1 Where the defendant in ejectment proceedings for non-payment of rent, or any other person evicted by a decree for possession had in such ejectment proceedings, is entitled to redeem the lands and is desirous to obtain an order of restitution to be restored to the possession of the land after such decree has been executed, such person shall serve a notice upon the plaintiff the said ejectment proceedings, in Form 167, [ not less than 28 days before the date on] which the application for such order of restitution is intended to be made. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 The order of restitution, ordering a defendant to be restored to the possession of lands from which he had been evicted by a decree in ejectment proceedings for non-payment of rent, shall be in Form 168. 4 When notice of an application for an order of restitution has been served pursuant to the said section [ 94] the plaintiff in the ejectment proceedings, if he intends claiming any rent not included in the ejectment decree, or which may have become due since the signing of the decree, shall give three days’ notice of his intention to the party so applying for such order of restitution. 5 Where a decree for possession in ejectment proceedings for non-payment of rent has been executed, and the landlord has been put into possession, [ . . .] any further rent has become due in respect of said lands, the party applying to the court for an order of restitution to be restored to the possession of the said lands mentioned in the said decree for possession shall, before such order of restitution issues, pay over or lodge in court such further rent as may be awarded by the court, in addition to the sum ascertained by the said decree to be due for rent and costs. 6 Where the landlord has been put into possession of lands under a decree for possession in ejectment proceedings for non-payment of rent, and the tenant or party entitled to apply for an order of restitution requires such landlord to account for the profits of the lands received by him whilst he was so in possession, such tenant or party so applying for an order of restitution shall, in the notice that such application will be made, inform the landlord that he will be called on to account, at the hearing of the application for such order of restitution, for such profits. 7 Where there are several defendants in ejectment proceedings for non-payment of rent, and a decree is made ordering the costs to be paid by some or one of the defendants to the exclusion of the others, should the parties or party who are so exonerated from the payment of costs by such decree apply for an order of restitution to be restored to the possession of the premises after such decree has been executed, they or he shall in addition to the rent and arrears of rent due out of said premises, lodge in court the costs payable to the plaintiff in the suit, if not previously, paid. ORDER 36 Partition Suits Abstract of title 1 The plaintiff in a partition suit shall, at the time of lodging the civil bill, also lodge therewith a short abstract of title to the lands sought to be partitioned, which abstract shall show the respective shares a estates which the several owners are alleged to have in the lands. Consent of landlord 2 If the lands sought to be partitioned are held subject to any agreement or condition restraining or prohibiting assignment or subdivision, or if they form part of an estate upon which the assignment or subdivision of holding without the consent of the landlord is contrary to or not warranted by the practice prevalent upon such estate, the plaintiff shall at the hearing produce the consent in writing of the landlord, or his agent duly authorised for that purpose that the lands in the civil bill mentioned be partitioned or sold as the court may direct. Consent of Department of Finance 3 If the lands sought to be partitioned are charged with any advance repayable to the Department of Finance, in manner provided by any statute authorising the advance of public money to tenants upon the security of their holdings, the plaintiff shall at the hearing produce the consent in writing of that Department, that the lands in the civil bill mentioned be partitioned or sold as the court may direct. Examination of and report on lands 4 In partition suits [ the judge] may employ a surveyor or other person to examine the lands sought to be partitioned, and to report in writing to [ the judge], by a day to be named, the manner in which, according to the opinion of such surveyor or other person, the lands should be partitioned, and the report shall be accompanied by a map showing the boundaries of the lands proposed to be partitioned. 2 The surveyor or other person appointed shall be remunerated by the parties to the suit or such of them as [ the judge] may direct. 3 The report of the surveyor or other person appointed under paragraph (1), together with said map, shall be lodged by him in the Office at least fifteen days before the day named for making the report to [ the judge]. 4 The report and map when lodged in the Office shall be open to the inspection of all parties to the suit without payment of any fee. Decree 5 [ The judge] may either adopt such report, and make a decree in accordance with the terms thereof, or may make such other decree as he may think fit. ORDER 37 Applications under section 37 of the Landlord and Tenant Law Amendment Act, Ireland, 1860 Notice of application 1 A notice of application to annul or vary a precept, order or conviction under section 37 of the Landlord and Tenant Law Amendment Act, Ireland, 1860 (in this Order referred to as “ the Act of 1860 ”) shall be in Form 169 or Form 170 and shall be served [ not less than 28 days before the date fixed for the hearing]. Claim for compensation 2 Where a party claims compensation for any loss or damage caused by the procuring of a precept or order mentioned in section 35 of the Act of 1860, he shall serve notice in Form 171 on the opposite party from whom he claims the compensation [ not less than 28 days before the date fixed for the hearing]. ... Service of notices 3 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 A notice under Rule 1 or Rule 2 shall be served and entered in like manner as a civil bill. ORDER 38 Administration of estates Lodgment of accounts by representatives of a deceased person 1 1 Accounts lodged in accordance with Article 17 of the Order shall set out— a particulars of the property or assets which the testator or intestate died possessed of or entitled to; b the amount, produce and value of such property and assets respectively; c the amounts and particulars of the debts due by the testator or intestate; d the amounts, and particulars of the debts, legacies and funeral and testamentary expenses of the testator or intestate paid by or on account of the executor or administrator; and shall show the balance applicable to the purposes of the will of the testator or, as the case may be, distributable amongst the next-of-kin of the intestate, or the property or the chattels then undisposed of. 2 The accounts shall be signed by the executor or administrator and verified on oath by the executor or administrator. 3 The accounts shall be lodged in the Office within one month from the date when he has been required in writing to do so by any person entitled so to require under Article 17 of the Order within such extended time as the chief clerk may direct. Power to order advertisements 2 1 In any proceeding for a legacy or distributive share of the property or assets of a testator or, intestate, [ the judge] may order the party suing to give notice, either by advertisement or otherwise, requiring persons having claims on or against the property and assets of the deceased to produce and verify such claims. 2 All costs relating to such notice shall be borne and paid in such manner and by such parties as [ the judge] shall direct. 3 [ The judge] may adjourn the hearing of the proceedings to some future sittings and from time to time as occasion may require so as to allow sufficient time for publishing and giving such notice. Lodgment of money in court 3 In any proceedings for a legacy or distributive share of the property or assets of a testator or intestate, [ the judge] may, if he thinks fit, order money to be paid into court in accordance with Court Funds Rules. Administration suits 4 1 An administration suit may be commenced at any time after the death of the testator or intestate. 2 Subject to Rules 2 and 3 of Order 36 [ the judge] in administering the estate of a deceased person shall not be bound, for the purpose of distribution of any land, to sell and convert the land but may partition the land among the persons entitled to shares of the estate and for equality of partition may make a decree against any one or more of such persons for any excess in the value of the part or parts allotted to him or them. ORDER 39 Actions by and against firms and persons carrying on business in firm names Partners may sue and be sued in name of their firm 1 1 Two or more persons claiming or alleged to be liable as partners and carrying on business within Northern Ireland may sue and be sued in the name of the firm in which they were partners when the cause of action arose. 2 Where partners sue or are sued in the name of their firm in accordance with this Rule, a statement that the plaintiffs are suing or the defendants are sued as a firm shall be included in the civil bill and in the title of the action. 3 Where partners sue or are sued in the name of their firm, the partners shall, on demand made in writing by or on behalf of any other party, forthwith deliver to the party making the demand a statement of the names and places of residence of all the persons constituting the firm. 4 If the partners fail to comply with the demand, [ the judge or district judge as the case may be] may, on application by any other party, order them to furnish and verify by oath or otherwise a statement of the names and places of residence of the persons who were partners in the firm when the cause of action arose. 5 If the partners fail to comply with the order, [ the judge or district judge as the case may be] may— a if the partners are plaintiffs, direct the proceedings to be stayed until the order is complied with; b if the partners are defendants, order that they be debarred from defending the action. 6 When the names and places of residence of the partners have been stated, proceedings shall continue in the name of the firm. Action not in firm name 2 Nothing in Rule 1 shall prevent partners from suing or being sued otherwise than in the firm name. Actions between a firm and its members 3 The provisions of these Rules as to actions by or against firms shall apply to actions between a firm and one or more of its members, and between firms having one or more members in common, if the firm carries on business within Northern Ireland, but no enforcement proceedings shall be taken without leave of [ the judge or district judge as the case may be], and on an application for leave to take such proceedings all such accounts and inquiries may be directed to be taken and made and all such directions may be given as may be just. Individuals carrying on business 4 A person carrying on business [ in Northern Ireland] in any name may [ (whether or not he is within the jurisdiction)] be sued in that name as if it were a firm name, and so far as the nature of the case will permit, all the provisions of these Rules relating to actions against firms shall apply. Service of civil bill on partners 5 1 Subject to the following paragraphs of this Rule, where partners are sued in the name of their firm, service of a civil bill shall be good service on all the partners, whether any of them is out of Northern Ireland or not, if the civil bill is served— a on a partner personally, or b at the principal place of the partnership business in Northern Ireland, on any person having, or appearing to have, at the time of service, the control and management of the business there; [ or] c by post (as provided by Order 6 Rule 3(2)( b )) at the principal place of the partnership business in Northern Ireland;] but where the partnership has, to the knowledge of the plaintiff, been dissolved before the commencement of the action, the civil bill shall be served upon every person within Northern Ireland sought to be made liable. 2 Where a person carrying on business in a name other than his own is sued in that name as if it were a firm name, the civil bill may be served in accordance with the, foregoing provisions of this Rule as if he were a partner sued in the name of a firm and his business were a partnership business. 3 Where a civil bill is served in accordance with this Rule, the endorsement or affidavit of service shall state whether the person served was served— a as a partner; or b as a person carrying on business in a name other than his own; or c as a person having, or appearing to have, the control or management of the business; or d as a person occupying a dual position. Execution of decree against a firm 6 1 A decree against a firm may be enforced— a against any property of the partnership in Northern Ireland; b against any person who has been adjudged to be liable as a partner; c against any person who was individually served with the civil bill as a partner or person sought to be made liable— [ where he has not served a notice of intention to defend in Form 42 and judgment has been entered in accordance with Order 12 or where he has failed to appear at the hearing.] 2 If the person who has obtained the decree claims to be entitled to enforce it against a partner or otherwise, he may apply to [ the judge or district judge as the case may be] for leave so to do, and the following provisions shall apply— a he shall give to the alleged partner not less than three days’ notice of his application; b the notice shall be served on the alleged partner personally; c on the hearing of the application, [ the judge or district judge as the case may be]— i if liability is not disputed, may give leave for application to be made for enforcement under the Judgments Enforcement (Northern Ireland) Order 1981 ; ii if liability is disputed, may order the issue of liability to be tried in such manner as he thinks fit and may give any necessary directions for that purpose. Proceedings under Articles 106 to 110 of the Judgments Enforcement (Northern Ireland) Order 1981 7 In Order 40, Part III, the expression “ debtor ” includes any person liable to execution under the foregoing provisions of this Order. ORDER 40 Enforcement of decrees PART I GENERAL Examination of any party 1 Where any difficulty arises in or about the execution or enforcement of any decree for some relief other than the payment of money, the court may, except where, under Article 11 of the Judgments Enforcement (Northern Ireland) Order 1981 jurisdiction to grant such relief is vested in the Enforcement of Judgments Office, on the application of any party interested, make such order for the attendance and examination of any party or otherwise as may be just. Application on change of parties after decree 2 1 Where any change has taken place after decree, by death, assignment, or otherwise, in the parties entitled to enforce the decree or in the parties liable under a decree, the party claiming to be entitled to enforce the decree may apply on affidavit to the court for leave to issue an amended decree on surrender of the original decree and the court may, if satisfied that the party so applying is so entitled, order accordingly. 2 [ The judge] may, before making an order under paragraph (1), require such notice of the application to be served as he thinks fit. 3 Notwithstanding anything contained in Order 1, the application referred to in paragraph (1) may be made to the court in which the order was made. PART II ENFORCEMENT BY COMMITTAL Enforcement by committal 3 Decrees which under Article 55(4) of the Order and Order 57 Rule 5 are enforceable by committal may be enforced in the manner provided by Order 57 Rule 7. PART III PROCEDURE UNDER ARTICLES 106 TO 110 OF THE JUDGMENTS ENFORCEMENT (NORTHERN IRELAND) ORDER 1981 Enforcement civil bill 4 1 Proceedings under Article 107 of the Judgments Enforcement (Northern Ireland) Order 1981 where no instalment order has been made by the Enforcement of Judgments Office under Article 30 of that Order shall be commenced by a civil bill in Form 172 (in this Order referred to as an “ enforcement civil bill ”) requiring the debtor to appear personally before the court on the date therein specified. 2 On the hearing of an enforcement civil bill [ the judge] may make— a an order in Form 173 (in this Order referred to as an “ enforcement order ”) requiring the debtor to pay the amount due in such manner or by such instalments as [ the judge] thinks fit; or b such an order committing the debtor to prison as may be made under Rule 5(2). Committal civil bill 5 1 if the debtor makes default in paying the amount, or any instalment ordered under Rule 4 to be paid or due under an instalment order made by the Enforcement of Judgments Office under Article 30 of the Judgments Enforcement (Northern Ireland) Order 1981, the creditor may serve on the debtor a civil bill (in this Order referred to as a “ committal civil bill ”) 2 A committal civil bill shall be in Form 174 and, shall set out— a full particulars of the enforcement order which has not been complied with or of the order made under the said Article 30; and b the amount or instalment (or instalments) in the payment of which default has been made; and shall require the debtor to appear personally on the date and before the court therein specified , to show cause why he should not be committed to prison for his default in complying with that order. An order made under this Rule is in this Order referred to as a “committal order”. Service of civil bills and hearing of proceedings under rules 4 and 5. 6 1 Enforcement civil bills and committal civil bills shall be served personally on the debtor. 2 Proceedings under Rules 4 and 5 shall be entered and conducted as if they had been commenced by ordinary civil bill, and county court rules and orders regulating procedure in relation to ordinary civil bills shall apply accordingly in so far as they are not inconsistent. 3 Where proceedings under Rule 4 or Rule 5 are taken to enforce— a a decree of a county court, the decree shall be produced in court at the hearing of the proceedings; b a judgment or decree of any court other than a county court, a certified copy, or other sufficient evidence of such judgment or decree shall be so produced; and where proceedings are taken under Rule 5 to enforce an order made by the Enforcement of Judgments Office under Article 30 of the Judgments Enforcement (Northern Ireland) Order 1981, a duly authenticated copy of the order shall be produced in court at the hearing. 4 Upon the hearing of every enforcement civil bill and committal civil bill [ the judge] may require evidence of any proceedings theretofore taken for the enforcement of the judgment or decree. Committal order 7 1 A committal order— a shall be in Form 175; b shall bear the date on which it was made; and c shall continue in force for one year and no longer. 2 A committal order shall be addressed to the Chief Superintendent or, as the case may be, Superintendent for the Constabulary Division in which the debtor resides or is to be found. Discharge from custody 8 1 A debtor taken into custody under a committal order shall not be released from custody unless he pays to the constable or the governor of the prison to which he is committed the full amount of the debt or instalment in respect of which such order was made and the costs of the order or upon receipt by the governor of the certificate of discharge prescribed under paragraph (5). 2 A constable or prison governor to whom a sum of money is paid by a debtor in accordance with paragraph (1) shall issue to the debtor a receipt therefor and shall endorse on the committal order a certificate of the amount he has received and the date thereof and the constable or prison governor shall sign his name at the foot of the certificate. 3 Such sum shall be transmitted forthwith together with the committal order certified in accordance with paragraph (2) to the chief clerk of the court which issued the order and the amount of such sum shall be entered into a record book kept for the purposes of this Rule and then transmitted to the creditor or his solicitor forthwith. 4 The creditor or his solicitor on receiving the sum transmitted to him by the chief clerk under paragraph (3) shall send him a receipt therefor. 5 The certificate prescribed for the purposes of Article 109 of the Judgments Enforcement (Northern Ireland) Order 1981 shall be in Form 176 signed by the solicitor for the creditor, or signed by the creditor and attested before a justice of the peace or a commissioner for oaths, that there has been paid to or on account of the creditor by or on behalf of the debtor— a the debt or instalment in respect of which he was imprisoned; b the costs of the committal order; and the creditor or his solicitor shall, if the debtor so requires, furnish to the debtor a copy of such certificate. PART IV CHARGES UNDER ARTICLE 46 OF THE JUDGMENTS ENFORCEMENT (NORTHERN IRELAND) ORDER 1981 Proceedings under Article 14(c) of the County Courts (Northern Ireland) Order 1980 respecting land charged under Article 46 of the Judgments Enforcement (Northern Ireland) Order 1981 9 Where a charge has been imposed on ]and by the Enforcement of Judgments Office under Article 46 of the Judgments Enforcement (Northern Ireland) Order 1981 and proceedings for enforcement of such charge are taken in a county court under Article 14(c) of the County Courts (Northern Ireland) Order 1980, such of Forms 24 and 27 and of Forms 73 and 75 as the circumstances require shall apply with any necessary modifications in the references to the date, nature and method of creation of the charge. Applications for possession of land charged under Article 46 of the Judgment Enforcement (Northern Ireland) Order 1981 10 Where a charge has been imposed on land under Article 46 of the Judgments Enforcement (Northern Ireland) Order 1981 an application to the court for an order for possession thereof under Article 52(1)( b ) of the said Order may be made by civil bill in Form 11, with any necessary modifications in such Form including the insertion therein of a reference to the date, nature and method of creation of the charge. [ PART V ENFORCEMENT OF COUNTY COURT DECREES OUTSIDE NORTHERN IRELAND SECTION 1 — ENFORCEMENT OUTSIDE THE UNITED KINGDOM Interpretation of section 1 11 In this section “ the Act of 1933” means the Foreign Judgments (Reciprocal Enforcement) Act 1933, “the Act of 1982 ” means the Civil Jurisdiction and Judgments Act 1982 and expressions which are defined in those Acts have the same meaning in this section as they have in those Acts. Application under s. 10 of the Act of 1933 for certified copy of county court decree 12 1 An application under section 10 of the Act of 1933 for a certified copy of a county court decree may be made by producing to the chief clerk either the original decree or a copy thereof, and filing an affidavit, made by the solicitor of the party entitled to enforce the decree, or by the party himself, if he is acting in person. 2 An affidavit by which an application under section 10 of the Act of 1933 is made must— a give particulars of the proceedings in which the decree was obtained; b have annexed to it evidence of service on the defendant of the civil bill or other process by which the proceedings were begun and a statement of the grounds on which the decree was based; c state whether the defendant did or did not object to the jurisdiction, and, if so, on what grounds; d show that the decree is not subject to any stay of enforcement; e state that the time for appealing has expired, or, as the case may be, the date on which it will expire and in either case whether notice of appeal against the decree has been given or an application for a re-hearing has been made; f state whether interest is recoverable on the decree or part thereof and, if so, the rate and period in respect of which it is recoverable; and g exhibit, where application for enforcement of the decree has previously been made to the Enforcement of Judgments Office, a certificate signed by the Chief Enforcement Officer, or his deputy stating the amount remaining unsatisfied under the decree. 3 The certified copy of the decree shall be a sealed copy endorsed with a certificate signed by the chief clerk certifying that the copy is a true copy of a decree obtained in the county court and that it is issued in accordance with section 10 of the Act of 1933. 4 There shall also be issued a sealed certificate in Form 295 signed by the chief clerk and having annexed to it a copy of the civil bill or other process by which the proceedings were begun and stating— a the manner in which the civil bill or other process was served on the defendant, or that the case was defended or the defendant gave notice of counterclaim; b what objections, if any, were made to the jurisdiction; c what notices or other papers, if any, were lodged; d the grounds on which the decree was based; e that the time for appealing has expired or, as the case may be, the date on which it will expire; f whether notice of appeal against the decree has been given or an application for a re-hearing has been made; g whether interest is recoverable on the decree or part thereof and, if such be the case, the rate of interest, the date from which interest is recoverable, and the date on which interest ceases to accrue; and h such other particulars as it may be necessary to give to the court in the foreign country in which it is sought to obtain enforcement of the decree. Application under s. 12 of the Act of 1982 for certified copy of county court decree 13 1 An application under section 12 of the Act of 1982 for a certified copy of a county court decree may be made by producing to the chief clerk either the original decree or a copy thereof, and filing an affidavit made by the solicitor of the party entitled to enforce the decree, or by the party himself, if he is acting in person. 2 An affidavit by which an application under section 12 of the Act of 1982 is made must— a give particulars of the proceedings in which the decree was obtained; b have annexed to it evidence of service on the defendant of the civil bill or other process by which the proceedings were begun and a statement of the grounds on which the decree was based together with, where appropriate, any document under which the applicant is entitled to legal aid or assistance by way of representation for the purposes of the proceedings; c state whether the defendant did or did not object to the jurisdiction, and, if so, on what grounds; d show that the decree is not subject to any stay of enforcement, and that a copy of the decree has been served on the party against whom it was given in accordance with section 24(2) of the Interpretation Act (Northern Ireland) 1954 or in such other manner as the court may have directed; e state that the time for appealing has expired, or, as the case may be, the date on which it will expire and in either case whether notice of appeal against the decree has been given or an application for a re-hearing has been made; f state— i whether the decree provides for the payment of a sum or sums of money, ii whether interest is recoverable on the decree or part thereof and, if such be the case, the rate of interest, the date from which interest is recoverable, and the date on which interest ceases to accrue; and g exhibit, where application for enforcement of the decree has previously been made to the Enforcement of Judgments Office, a certificate signed by the Chief Enforcement Officer or his deputy certifying that the decree has not been enforced or, where appropriate, the amount remaining unsatisfied under the decree. 3 The certified copy of the decree shall be a sealed copy and there shall be issued with the copy of the decree a sealed certificate in Form 296 signed by the chief clerk and having annexed to it a copy of the civil bill or other process by which the proceedings were begun. SECTION 2 — ENFORCEMENT IN OTHER PARTS OF THE UNITED KINGDOM Interpretation of section 2 14 In this section— “ the Act of 1982 ” means the Civil Jurisdiction and Judgments Act 1982, “ money provision ” means a provision in any decree to which section 18 of the Act applies for the payment of one or more sums of money, “ non-money provision ” means a provision in any decree to which section 18 of the Act of 1982 applies for any relief or remedy not requiring payment of a sum of money. Application for certificate of money provision 15 1 A certificate in respect of any money provision contained in a county court decree may be obtained by producing to the chief clerk either the original decree or a copy thereof, and filing an affidavit made by the solicitor of the party entitled to enforce the decree, or by the party himself if he is acting in person, together with a certificate in Form 297. 2 An affidavit by which an application under paragraph (1) is made shall— a give particulars of the decree, stating the sum or aggregate of the sums (including any cost or expenses) payable and unsatisfied under the money provision, the rate of interest, if any, applicable and the date or time from which any such interest began to accrue; b exhibit, where application for enforcement of the decree has previously been made to the Enforcement of Judgments Office, a certificate signed by the Chief Enforcement Officer or his deputy stating the amount remaining unsatisfied under the money provision; c verify that the time for appealing against the decree has expired, or that any appeal brought or application for re-hearing has been finally disposed of and that enforcement of the decree is not stayed; and d state to the best of the information or belief of the deponent the usual or last known address of the party entitled to enforce the judgment and of the party against whom the judgment is enforceable. 3 The chief clerk shall endorse on the certificate— a the number of the civil bill; b the amount remaining due on the decree according to the books of the court and, where appropriate, the certificate referred to in paragraph (2)( b ); c the rate of interest payable on the judgment debt, and the date or time from which any such interest began to accrue; d a note of the costs, if any, allowed for obtaining the certificate; and e the date on which the certificate is issued. Application for certified copy of decree containing non-money provision 16 1 A certified, copy of a county court decree which contains any non-money provision may be obtained by producing to the chief clerk either the original decree or a copy thereof, and filing an affidavit made by the solicitor of the party entitled to enforce the decree, or by the party himself, if he is acting in person. 2 The requirements in paragraph (2).of rule 15 shall apply with the necessary modifications to an affidavit made in an application under paragraph (1) of this rule. 3 The certified copy of the decree shall be a sealed copy to which shall be annexed a certificate in Form 298 signed by the chief clerk and stating that the conditions specified in paragraph 3(a) and (b) of Schedule 7 to the Act of 1982 are satisfied in relation to the decree. Record and effect of issuing a copy decree or a certificate 17 Where a certified copy of a decree or a certificate is issued by a chief clerk under this Part, he shall make on the minute of the decree a memorandum of having issued the copy decree or certificate, and thenceforth no further proceeding shall be taken or had upon such decree in the court issuing the copy decree or certificate until [ the judge] or chief clerk, upon being satisfied by affidavit or otherwise that no further proceedings are pending or can be taken on the copy decree or certificate in any other court and that the decree is still unsatisfied in whole or in part, orders that the decree may be acted on as if the copy decree or certificate had not been issued.] PART VI MEDIATION DIRECTIVE Application and interpretation 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mediation settlement enforcement orders 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mediation settlement enforcement orders: foreign currency 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mediation evidence: disclosure or inspection 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mediation evidence: witnesses and depositions 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [ PART VII RECOVERY OF SUMS PAYABLE UNDER COMPROMISES UNDER THE INDUSTRIAL TRIBUNALS (NORTHERN IRELAND) ORDER 1996 AND THE FAIR EMPLOYMENT AND TREATMENT (NORTHERN IRELAND) ORDER 1998 Conciliation: recovery of sums payable under compromises 23 1 An application under Article 21A(4) of the Industrial Tribunals (Northern Ireland) Order 1996 or under Article 88A(4) of the Fair Employment and Treatment (Northern Ireland) Order 1998 shall be made not later than 14 days from the date of issue of the certificate stating that a compromise has been reached. 2 An application under Article 21A(4) of the Industrial Tribunals (Northern Ireland) Order 1996 or under Article 88A(4) of the Fair Employment and Treatment (Northern Ireland) Order 1998 is pending for the purposes of paragraph (7) of those articles from the date on which it is lodged with the court until the date upon which final judgment on the application has been entered.] ORDER 41 Duplicate Decrees Duplicate decrees 1 Where an original decree has been lost or destroyed, or has become unavailable to the plaintiff or party entitled to benefit thereunder, by reason of its having improperly got into the hands of the opposite party or being in the hands of any officer lawfully entitled to hold it, the plaintiff or party may apply to [ the judge or district judge as the case may be] either in court or chambers for the issue of a duplicate decree. Application 2 Notice of an application under Rule 1 shall be given to the opposite party before the beginning of a period of seven days ending on the date of the hearing, which notice may be served by registered post. Evidence 3 It shall lie with the applicant to satisfy [ the judge or district judge as the case may be] by oral evidence or affidavit of such facts as would under Rule 1 enable the application to be granted. Face of duplicate decree 4 On the face of every duplicate decree issued under this Rule there shall be written or stamped in large letters the word “Duplicate” followed by the initials of the chief clerk. Effect of duplicate 5 A duplicate decree shall for all purposes have the effect of the original decree and references in these Orders to a decree shall include a duplicate decree. ORDER 42 Deposit of money, bonds and recognizances as security Security 1 Where, by or under any enactment, any person is required or authorised to give security in relation to proceedings in the county court then, subject to any express provision in the enactment— a the security shall be given by a deposit of money or by a bond or recognizance; and b the amount of the security shall fixed by the chief clerk; and c the person giving the security shall give it at his own expense: Provided that chief clerk may accept in lieu of a deposit of money or a bond or recognizance an undertaking by a solicitor to pay any costs which the plaintiff may be ordered to pay to the defendant in the action. Deposit of money 2 Where security is given by a deposit of money, the following provisions shall apply— a the person giving the security shall, upon the privity: of the Accountant General lodge the money in the county court bank in accordance with Court Funds Rules and shall also file in the Office a memorandum signed by him or his solicitor and approved by the chief clerk stating the conditions on which the deposit is made; b upon the deposit being made, the chief clerk shall give to the person making the deposit a certificate in Form 179; c the person making the deposit shall give to the opposite party notice of the deposit having been made; d [ the judge or district judge as the case may be] may make such order regarding the money so deposited as he thinks fit. Bond or recognizance 3 1 [ The judge], [ district judge] or chief clerk may accept as a bond or recognizance an instrument executed by any solvent person or persons or by a body corporate (including an insurance company) approved by him. 2 Where any party proposes to give a bond or recognisance by way of security he shall serve by post or otherwise, on the other party or parties and on the chief clerk at his office notice in Form 180 of the proposed sureties and such notice shall inform the parties on which it is served that if they object to the sureties or one of them they should send to the chief clerk, notice (which notice may be in Form 181) of their objection within seven days from the date on which the notice is served on them. 3 If any party objects to the sureties or one of them the chief clerk shall forthwith give notice in Form 182 to the parties of the day and hour at which he will consider the objection and shall then give such directions as he thinks fit. 4 The bond or recognizance shall be executed in the presence of [ the judge], [ district judge], the chief clerk or a commissioner for oaths, or where the person entering into such bond or recognizance resides outside Northern Ireland or is for the time being thereout, in the presence of any person duly authorised to administer oaths where such person ordinarily resides or is: Provided that the chief clerk may accept the company’s bond or recognizance if it is executed under the seal of the company. 5 The bond or recognisance shall recite that the person or body corporate executing it is bound or indebted as the case may be to [ the judge or district judge as the case may be] for the time being within whose court the proceedings are and shall be deposited with the chief clerk at his office until the proceedings are finally disposed of. 6 A chief clerk or other officer of the court or any servant or agent of them or any of them shall not become surety in any case where by the Rules or the practice of the court security is required. ORDER 43 Practice generally Hours of sitting and order of hearing of proceedings 1 1 The ordinary hours of sitting of a court shall be such as [ the judge or district judge as the case may be] of that court shall determine but shall not be before nine o’clock in the morning, and the hearing of any civil proceedings shall not commence after the hour of six o’clock in the afternoon. 2 All proceedings in a county court shall be heard in such order as [ the judge or district judge as the case may be] shall direct. Change of solicitor 2 1 Any party in any proceedings for whom a solicitor has acted who changes his solicitor shall give to the solicitor and to every other party written notice of the change, stating the name and address of his new solicitor, and shall lodge a copy of the notice with the chief clerk who shall file the same. 2 Any party for whom a solicitor has acted who desires to act in person shall inform the solicitor and shall give notice to every other party stating his intention to act in person and giving his address for service and shall lodge a copy of the notice with the chief clerk who shall file the same. 3 Where a party who has acted in person appoints a solicitor to act for him, he shall give notice of the appointment and of the solicitor’s address for service to every other party and shall lodge a copy of the notice with the chief clerk who shall file the same. 4 Where a solicitor’s instructions to act for a party in any proceedings have been withdrawn or a solicitor wishes to withdraw from any such proceedings and notice has not been given of the appointment of a new solicitor or of the party’s intention to act in person the solicitor may apply to [ the judge or district judge as the case may be], on notice to all the parties to the action stating the grounds of the application, for an order declaring that he has ceased to act as the solicitor for that party in the proceedings. Delivery and lodgment of notices and documents 3 All notices or documents required by any enactment to be delivered to or lodged with the [ district judge] or chief clerk may be delivered or lodged— a by leaving the notice or document at the Office with the chief clerk or with any clerk or assistant of the chief clerk; or b by sending the notice or document by [ ordinary first class post (that is first class post which has been pre-paid or in respect of which prepayment is not required)] to the chief clerk at his office, posted at such a time as to permit its delivery, in the ordinary course of post, within the period required by the enactment for the delivery of the notice or document. Office books and records: issue of copies 4 1 The books and records to be kept and maintained by each chief clerk shall, subject to the Order and County Court Rules, be such as were kept and maintained by him immediately before the commencement of the Act and such other books and records as may be necessary to effect the purpose of these Rules. 2 Copies of all documents and records which may be inspected in the Office shall, except as otherwise provided by any enactment, be prepared for any party requiring them upon payment of the cost of such copies. Acts and notices by solicitor or agent 5 Where by these Rules any act may be done or notice given by any party, such act may be done or notice given either by the party in person or by his solicitor or, if it can be legally done by an agent, by his agent. Service on solicitor of party 6 Where a party acts by a solicitor, service of any proceedings or document upon such solicitor, or delivery of the same at his office, or sending the same to him by post, shall be deemed to be good service upon the party for whom such solicitor acts, [ . . .] except in cases where by these Orders or any other enactment personal service upon a party is required. Service by advertisement 7 Where, by reason of the absence of any party or from any other sufficient cause, the service of any notice, proceedings, or document (other than a civil bill or petition) cannot be effected, [ the judge or district judge as the case may be] may order notice by advertisement or otherwise in lieu of said service. Advertisements 8 [ The judge] or [ district judge] or chief clerk as the case may be shall direct in what newspaper any advertisements which may from time to time be ordered in any suit or proceedings shall be inserted. Party to have conduct of suit or matter 9 [ The judge or district judge as the case may be] may order what party shall have the conduct of any suit or matter. Enlargement or abridgement of time 10 [ The judge or district judge as the case may be] may, upon such terms, if any, as he may think reasonable, enlarge or abridge any of the times fixed by these Rules for taking any step, or filing or sending any document, or giving any notice in any proceedings; and where any person has failed to take any step, or to file or serve any document, or to give any notice within the time or in the manner prescribed by these rules, [ the judge or district judge as the case may be] may, upon the application of such person, and if he thinks sufficient excuse exists for such failure, and upon such terms as, to costs or otherwise as he thinks fit, declare the taking of such step, or the filing or serving of such document, or the giving of such notice so done or effected, to be sufficient. Interest on debts 11 Where an estate has been ordered to be administered, creditors shall, unless otherwise entitled to interest at a different rate on the debts due to them from the estate, be entitled to interest in respect of those debts at the rate [ then allowed under Rule 2 of Order 33] from the date of the order, and to the costs successfully proving such debts. Interest on legacies 12 Interest shall be computed on legacies at the rate of [ 6] per centum per annum from the end of one year from the date of the death of the testator, unless otherwise ordered, or a different rate or time of payment is directed by the will or established by law. Forms 13 1 All proceedings and documents may be in forms similar to the forms in Appendix 1 to these Rules, where the same are applicable, or in a form as near thereto as the circumstances of a particular case admit; and in cases where no forms are provided, parties shall frame the proceedings or documents, using as guides those contained in Appendix 1. 2 Where a form in Appendix 1 is used in any proceedings in which there is only one plaintiff or, as the case may be, only one defendant and the heading of the form specifies the name of that plaintiff or defendant any subsequent reference to that plaintiff or, as the case may be, that defendant need not refer to him by name and in any such form any blank space left immediately after the word “plaintiff” or, as the case may be, “defendant” may be ignored and need not be filled in. Verbal or technical error, non-compliance with any rule or practice 14 1 No action or proceedings in a county court shall be treated or considered as invalid solely on account of any verbal or technical error, and [ the judge or district judge as the case may be] may decide and determine what is a verbal or technical error in any action or proceedings; all errors which are not manifestly calculated to mislead or injuriously prejudice the opposite party in the merits of his case may be deemed to be merely verbal or technical. 2 Non-compliance with any of these Rules, or with any rule of practice for the time being in force, shall not render any proceedings void unless the Court or a [ judge or district judge as the case may be] shall so direct, but such, proceedings may be set aside either wholly or in part as irregular, or amended or otherwise dealt with in such manner and upon such terms as the Court or [ judge or district judge as the case may be] shall think fit. Civil bill under-stamped 15 Where a civil bill has not been stamped or has been stamped for an amount less than that specified in any County Court Fees Order for the time being in force, [ the judge or district judge as the case may be] may in such cases, and on such conditions including the payment of a penalty, if any, as he thinks fit, allow the proceedings to continue as if the civil bill had been properly stamped but, where a proceeding is allowed to continue under this Rule, the amount by which the fee was underpaid shall be paid by the party liable therefor in addition to any penalty payable by that party. Notices 16 Where by these Orders any party is required to give notice according to a form in Appendix 1, it shall be sufficient if in the opinion of [ the judge or district judge as the case may be] the notice given complies substantially with such form. Computation of time 17 Without prejudice to section 39 of the Interpretation Act (Northern Ireland) 1954 — a where anything is required by these Orders to be done within a specified period of or after the happening of a particular event, the period shall be computed from the end of the day on which the event happens unless the period is expressed to be inclusive of such day; b where anything is required by these Orders to be done within a period not exceeding three days or where a period not exceeding three days is required by these Orders to elapse between the doing of an act and the happening of a particular event, no Saturday or Sunday nor any day on which the Office is closed shall be included in the computation of that period; c where the time prescribed for doing any act expired on a Saturday or a Sunday or any day on which the Office is closed, the act shall be in time if done on the next day on which the Office is open. [ Quality and size of paper 18 1 All accounts, copies, papers, notices and other documents lodged with the chief clerk or other officer are to be written bookwise, unless the nature of the document renders it impracticable to do so, upon paper of durable quality approximately 297mm long by 210mm wide, or A4ISO, having a margin not less than 38mm wide to be left blank on the left side of the face of the paper and on the right side of the reverse and shall be endorsed with the solicitor’s name and any document not so endorsed or not plainly and legibly written shall be refused. 2 Unless the chief clerk in any particular case otherwise determines, all decrees shall be written on judicature paper of a size not less than A4ISO. 3 In this Rule, the expression “ A4” followed by the letters “ISO ” means the size of paper so referred to in the specifications of the International Standards Organisation.] [ Service by post 19 Every notice or other document, the service of which is permitted by ordinary first class post (that is first class post which has been pre-paid or in respect of which prepayment is not required) under these Orders, or the service of which by post or by registered post is directed by [ the judge or district judge as the case may be], shall be deemed sufficiently given and served if it is transmitted by ordinary first class post or by registered letter. Such service may be proved by affidavit.] [ Date when documents served by post deemed to be served 19A 1 Where a civil bill or any other document is served by ordinary first class post under these Rules, unless the contrary is proved, the document shall be deemed to have been served on the [ seventh business day] after posting (excluding the day of posting). 2 In this Rule “ business day ” has the same meaning as in Rule 27.] Documents to be free from erasures and alterations 20 Unless [ the judge or district judge as the case may be] otherwise orders, no decree, dismiss, order, recognizance, or other document shall be received by the chief clerk or other officer unless the same is free from all unsightly or ambiguous erasures, interlineations or other alterations. Production of documents in custody of the chief clerk 21 Where documents in the Office are required by any party to be produced in evidence, notice in writing to produce the same shall be served at the Office, on the chief clerk, seven days before the day on which the same may be required. Bail 22 No solicitor, or apprentice or clerk to a solicitor, or officer of the county court shall be bail in any matter in the county court. Equity practice 23 Subject to the provisions of these Rules and Orders, the enactments and practice relating to ordinary civil bill actions shall, so far as same are applicable, apply to every proceeding under the equitable jurisdiction of the court an when such enactments and practice are not applicable to such proceedings, the enactments and practice relating to the Chancery Division of the High Court shall be followed in such proceedings so far as the same are applicable, mutatis mutandis . Searches 24 Searches may be made on such days in each week as shall be fixed from time to time by [ the judge or district judge as the case may be], and notice thereof shall be printed and kept posted on some conspicuous place in the Office. Instructing solicitor to attend counsel 25 Except by leave of [ the judge or district judge as the case may be] on such terms as to costs or otherwise as to [ the judge or district judge as the case may be] may seem just, no counsel shall be heard unless he is instructed by a solicitor who is either personally present or represented by someone in attendance upon counsel at the hearing. Proceedings by and against the Crown 26 Save as otherwise provided by the Crown Proceedings Act 1947 and these Orders— a these Orders and any County Court Rules for the time being in, force shall, so far as may be, apply to all proceedings by or against the Crown in like manner as they apply to proceedings between subjects; and b proceedings by or against the Crown shall, so far as may be, take the same form as proceedings between subjects. [ Service by FAX 27 1 In this Rule: a “ FAX ” means the making of a facsimile copy of a document by the transmission of electronic signals; b “ business day ” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a public holiday. 2 Any document the service of which by post is permitted in these Rules other than a civil bill, petition, summons, notice or other document required or authorised to be served for the purposes of initiating any proceedings in a county court may be served by FAX in accordance with paragraphs (3) and (4). 3 Service by FAX may be effected where— a the party serving the document acts by a solicitor; b the party on whom the document is served acts by a solicitor and service is effected by transmission to the business address of such a solicitor; c the solicitor acting for the party on whom the document is served has indicated in writing to the solicitor serving the document that he is willing to accept service by FAX at a specified FAX number and the document is transmitted to that number; and for this purpose the inscription of a FAX number on the writing paper of a solicitor shall be deemed to indicate that such solicitor is willing to accept service by FAX at that number in accordance with this paragraph unless he states otherwise in writing; and d as soon as practicable after service by FAX the solicitor acting for the party serving the document despatches a copy of it to the solicitor acting for the other party by any of the other methods prescribed for service in these Rules, and if he fails to do so, the document shall be deemed never to have been served by FAX. 4 Where the FAX is transmitted on a business day before 4.00pm it shall, unless the contrary is shown, be deemed to be served on that day, and, in any other case, on the business day next following.] [ Service by DX 28 1 Service of any document, not being a document which by virtue of any provisions of these Rules is required, to be served personally, or a document to which Order 6 Rule 3 applies, may be effected, where— a the proper address for service includes a numbered box at a document exchange, or b there is inscribed on the writing paper of the party on whom the document is served (where such party acts in person) or on the writing paper of his solicitor (where such party acts by a solicitor) a document exchange box number and such a party or his solicitor (as the case may be) has not indicated in writing to the party serving the document that he is unwilling to accept service through a document exchange by leaving the document addressed to that numbered box at that document exchange or at a document exchange which transmits documents every business day to that exchange, and any document which is left at a document exchange in accordance with this paragraph shall, unless the contrary is proved, be deemed to have been served on the second business day following the day on which it is left. 2 In this Rule “ business day” has the same meaning as in Rule 27 and “document exchange ” means any document exchange for the time being approved by the Lord Chancellor.] ORDER 44 Settlement of claims by and money recovered on behalf of minor or [ patient] Compromise or payment of claim 1 1 In any proceedings in which money or damages is or are claimed by or on behalf of or for the benefit of a minor or [ patient] suing either alone or in conjunction with other parties— a no settlement or compromise or acceptance of money paid into court, whether before, at or after the hearing, shall be valid without the approval of [ the judge or district judge as the case may be]; b no money or damages recovered or awarded in any such proceeding whether by settlement, compromise, payment into court or otherwise before, at or after the hearing shall be paid to any party or to the next friend, guardian ad litem or [ controller] of any party or to any party’s solicitor unless [ the judge or district judge as the case may be] so directs. 2 All money so recovered or adjudged or ordered or awarded or agreed to be paid shall be dealt with as [ the judge or district judge as the case may be] shall direct and the said money or any part thereof may be so directed— a to be paid into court and to be invested or otherwise dealt with there; or b to be otherwise dealt with. 3 The directions referred to in paragraph (2) may include any general or special directions that [ the judge or district judge as the case may be] may think fit to give, including (without prejudice to the generality of the foregoing provisions) directions as to how the money is to be applied or dealt with and as to any payment to be made either directly or out of the amount paid into court to the plaintiff, to the next friend or to the solicitor for the plaintiff in respect of moneys paid or expenses incurred or for maintenance or otherwise for or on, behalf of or for the benefit of the minor or [ patient] or otherwise, or to the solicitor for the plaintiff in respect of costs. 4 Where, under paragraph (2), money is directed to be paid into court on behalf of a minor, the next friend or solicitor of the minor shall lodge in the Office a copy of the minor’s certificate of birth. Payment out and transfer of funds and securities in court 2 Save as is otherwise provided in Court Funds Rules, money paid into court under Rule 1(2) or securities purchased under Rule 1(3) and, the dividends or interest thereon shall not be sold, transferred or paid out to the party entitled thereto, except pursuant to the order of [ the judge or district judge as the case may be]. Lien for costs 3 Nothing in this Order shall prejudice the lien of a solicitor for costs. ORDER 45 Funds in Court PART I ACCOUNTS County Court Bank 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART II INVESTMENT OF MONEYS PAID INTO COURT [ Investment of money recovered by person under disability 2 1 Moneys paid into court may be invested in the following securities— a securities issued by Her Majesty’s Government in the United Kingdom, the Government of Northern Ireland or the Government of the Isle of Man, being fixed-interest securities registered in the United Kingdom or the Isle of Man, Treasury Bills or Tax Reserve Certificates or any variable interest securities issued by Her Majesty’s Government in the United Kingdom and registered in the United Kingdom; b any securities the payment of interest on which is guaranteed by Her Majesty’s Government in the United Kingdom or the Government of Northern Ireland; c fixed-interest or variable interest securities issued in the United Kingdom by any public authority or by any nationalised industry or nationalised undertaking in the United Kingdom; d debentures issued in the United Kingdom by a company incorporated in the United Kingdom, being debentures registered in the United Kingdom; e equity shares in a public limited liability company whose shares are listed in the Official List of the Stock Exchange; f equity shares in an investment trust company; g any units of a gilt unit trust scheme; h any units of an authorised unit trust scheme; i any shares in an open-ended investment company within the meaning of the Open-Ended Investment Companies Regulations (Northern Ireland) 2004 or the Open-Ended Investment Companies Regulations 2001. 2 Pending or in lieu of such investment, moneys so paid in may be lodged on deposit receipt in accounts held with the National Debt Commissioners or in accounts held with such bank as the Lord Chancellor may, with the concurrence of the Treasury, designate under section 79 of the Judicature (Northern Ireland) Act 1978. Interpretation 3 1 In this Part, the expression— “ authorised unit trust scheme ” has the meaning assigned by section 237(3) of the Financial Services and Markets Act 2000; “ debenture ” includes debenture stock and bonds, whether constituting a charge on assets or not, and loan stock or notes; “ fixed-interest securities ” means securities which under the terms of issue bear a fixed rate of interest; “ gilt unit trust scheme ” means an authorised unit trust scheme, or a recognised scheme, the objective of which is— to invest at least 90% of the property of the scheme in loan stock, bonds or other instruments creating indebtedness which— are transferable; and are issued or guaranteed by the Government of the United Kingdom or of any other country or territory, by a local authority in the United Kingdom ..., or by an international organisation the members of which include the United Kingdom ...; to invest the remainder of the property of the scheme in shares, debentures or other instruments creating or acknowledging indebtedness, certificates representing securities or units in a collective investment scheme. Sub-paragraphs (a) and (b) must be read with— section 22 of the Financial Services and Markets Act 2000; any relevant Order under that section; and Schedule 2 to that Act; “ investment trust company ” has the meaning assigned by section 842 of the Income and Corporation Taxes Act 1988; “ securities ” includes shares, debentures, Treasury Bills and Tax Reserve Certificates; “ share ” includes stock; “ Treasury Bills ” includes bills issued by Her Majesty’s Government in the United Kingdom and Northern Ireland Treasury Bills; “ variable-interest securities ” means securities which under the terms of issue bear a variable rate of interest. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART III PAYMENT OUT AND TRANSFER OF MONEYS, DIVIDENDS, INCOME, SECURITIES AND OTHER EFFECTS Application for payment out, etc. 4 Where a person desires to apply to the court for the investment or payment out of any money or securities paid into court, the following provisions shall apply— a the application shall be made to [ the judge or district judge as the case may be] ex parte , b [ the judge or district judge as the case may be] on the hearing of the application may require, notice of the application to be served on such persons as he thinks fit, and fix a day for the further hearing, c evidence in support of the application may be given by affidavit or in such other manner as [ the judge or district judge as the case may be] may direct. Payment of moneys, dividends and income 5 1 In respect of any moneys paid into court or investments of such moneys, [ the judge or district judge as the case may be] may from time to time direct to whom and at what time or times any such moneys, or the dividends or income of any such investments, shall be payable and may vary such order as occasion may require. 2 [ The judge or district judge as the case may be] may direct the transfer of such investments to such persons as may be decided to be entitled thereto. 3 Money, securities and other effects paid into or deposited in court shall not, except as otherwise provided in Order 21, Rule 3 or Court Funds Rules, be paid out or transferred; except upon an order made by [ the judge or district judge as the case may be]. Parts II and III not to apply to Criminal Injuries Account 6 Parts II and III of this Order shall not apply to moneys lodged to the credit of the Criminal Injuries Account. ORDER 46 Grant and revocation of probate and letters of administration Commencement of proceedings 1 Proceedings under Article 15 of the Order shall be commenced by civil bill (in these Rules referred to as a “ testamentary civil bill ”) in such one of Forms 183 to 187 as is applicable. Plaintiff and defendant 2 1 The person who applies for a grant of probate or letters of administration shall be the plaintiff in any proceedings by civil bill in relation thereto. 2 A person who lodges a caveat against the grant of probate or letters of administration and appears to a warning of such caveat shall be a defendant. 3 The person applying for the revocation of probate or letters of administration shall be the plaintiff in any proceedings by civil bill in relation thereto and the party against whom the application is made shall be the defendant in such proceedings. Parties may be added 3 1 If on the hearing of any civil bill for the grant or revocation of probate or letters of administration, it appears to [ the judge] that any person, not being already a plaintiff or defendant therein, ought to be made a party to the suit, he may adjourn the case and direct that such person shall be made a party thereto by amendment of the civil bill and shall be served with the civil bill. 2 [ The judge] may direct the mode and manner in which a civil bill is to be served under paragraph (1) and, if he directs substituted service, shall specify when and in what manner such service is to be effected. Appearance by next-of-kin 4 Any of the next-of-kin or any person who would be entitled to a share in the distribution on intestacy of the estate of an alleged testator or intestate may appear at the hearing of a civil bill to which this Order applies though he may not have been made a party or been served with the civil bill, and upon any such appearance [ the judge] may, if he thinks fit, amend the process by making such next-of-kin or person so appearing a defendant. Cross suits 5 1 Where— a a grant of probate or letters of administration with the will annexed is objected to on the ground that there is another will of which probate or letters of administration with the will annexed ought to be granted; or b a grant of administration, in case of an alleged intestacy, is resisted on the ground that a will annexed ought to be granted, the party applying for probate or letters of administration and the party so setting up another will or a will shall respectively bring cross civil bill processes which shall be heard. 2 Cross civil bill processes brought under paragraph (1) shall be heard by [ the judge] at the same sittings and [ the judge] shall decide upon the validity of the will or wills so set up. [ . . .] Will set up or relied upon 6 1 No person shall be at liberty to set up or rely upon any will not already proved in common form unless such will, together will all testamentary documents or scripts, shall have been lodged in the Principal or District Registry and a grant of probate or letters of administration in respect thereof applied for. 2 Where an unproved will is required to be produced at the hearing of any testamentary civil bill, the registrar or district registrar having custody thereof may, on a requisition being lodged with him, forward such will by registered post or deliver the same to the chief clerk at the court where the suit is to be heard. 3 The chief clerk shall receive and produce such will at the hearing of the suit and at the conclusion of the hearing shall transmit such will by registered post or deliver the same to the registry where the will was originally lodged. 4 The requisition to produce must be lodged in sufficient time to allow a certified copy of the will to be made and filed in the registry prior to the posting thereof. Entry of civil bill and lodgment of affidavits 7 1 [ Together with the Certificate of Readiness, the testamentary civil bill and a copy of the testamentary civil bill] there shall be lodged with the chief clerk— a a certified copy of the affidavit (the content of which is, subject to anything provided to the contrary by a competent authority, indicated in Form 188) showing that the matter is within the jurisdiction of the court; and b where the plaintiff seeks to obtain a grant of probate or letters of administration, an affidavit specifying the names and addresses of the next-of-kin and such persons as may be entitled according to the law governing the distribution of intestates’ estates to any interest in the assets of the alleged testator or intestate named in the civil bill; and such affidavits shall be kept amongst the records of the court and be produced by the chief clerk at the hearing of the civil bill. 2 The affidavit under paragraph (1)( a ) shall, except as provided in paragraph (3), be conclusive for the purpose of authorising the exercise of the jurisdiction of the court and the grant or revocation of probate or letters of administration in compliance with the decree of [ the judge], and no grant of probate or letters of administration shall be liable to be recalled, revoked or otherwise impeached by reason that— a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b the gross value of the estate so far as it consisted of property other than land, sworn not to exceed [ £45,000] did in fact exceed that amount or so far as it consisted of land, sworn not to exceed five hundred pounds in annual value, did in fact exceed that amount in annual value. 3 Where it is shown to [ the judge] before or at the hearing of the suit that the affidavit under paragraph (1)( a ) is inaccurate and that he has not jurisdiction to hear the suit, he shall stay all further proceedings in his court in the matter, leaving any party to apply to the High Court for the grant or revocation and making such order as to the costs of the proceedings in his court as he thinks fit. Records 8 1 All testamentary civil bills shall be entered in the Testamentary Civil Bill Book to be kept by the chief clerk and each such suit shall be entered on a separate page, the two sides or pages of one leaf being allotted and allowed for the entry or copy of the one civil bill and of the proceedings on the hearing thereof. 2 The chief clerk shall immediately following the entry of the process enter in the Testamentary Civil Bill Book the names of all witnesses examined on the hearing of a testamentary civil bill and shall also record the names of all parties to any written instrument produced at the hearing. 3 The chief clerk shall record in the Testamentary Civil Bill Book the decree or order of [ the judge] and shall sign and seal such record. 4 The chief clerk shall, at all reasonable times, produce the Testamentary Civil Bill Book in the Office to any counsel, solicitor or party to the suit and permit them to search and shall give them, on demand, a copy of any entry therein. Certificate of decree and decree 9 1 The certificate of the decree of [ the judge] to be transmitted by the chief clerk to the Principal or District Registry shall be in Form 189. 2 The decree shall be in Form 190 or 191 or, where the suit is stopped for want of jurisdiction, in Form 192. Where all parties are not present at the hearing 10 Upon the hearing of any testamentary civil bill, [ the judge] may, whether or not all the parties to the suit are present, proceed to consider the subject-matter of the civil bill and make a decree thereon, or he may adjourn the proceedings from time to time as he thinks fit. Jurisdiction, powers and authority 11 [ The judge] in any proceedings for the grant or revocation of probate or letters of administration shall, subject to the provisions of the Act and these Rules, have the like jurisdiction, powers and authority to decide the matters at issue and to enforce any decree made therein or any order made in relation thereto as in any ordinary action. Application of rules, practice and forms 12 The rules, practice and forms in force and used in respect of proceedings other than proceedings for the grant or revocation of probate or letters of administration shall, so far as applicable and subject to the Rules of this Order, apply mutatis mutandis to proceedings for the grant or revocation of probate or letters of administration. ORDER 47 Construction of deeds, wills, etc., and determination of rights of persons thereunder Application 1 1 An application by any person claiming to be interested under a deed, will or other written instrument for the determination of any question of construction arising thereunder and for a declaration of the rights of persons interested shall be brought by equity civil bill. 2 The civil bill shall be in Form 193 and, subject to Rule 2, shall be served on every person appearing to the plaintiff to have an interest in the question sought to be determined. 3 The application shall be supported by such evidence as [ the judge or district judge as the case may be] may require. [ Judge’s or district judge’s as the case may be] powers as to service and representation 2 [ The judge or district judge as the case may be] at the hearing shall have power— a to dispense with service of the civil bill on such persons as he thinks fit; b to appoint some one or more than one person to represent a class; c to direct service of the civil bill on any person not served therewith and appearing to him to have an interest in the said question. Equity rules and practice to apply 3 Where not otherwise provided by these Rules the rules and practice for the time being in force in relation to civil bills in equity suits shall apply to all such applications as aforesaid. [ ORDER 48 [ Licensing, Bookmaking Office Licences and Registration of Clubs] PART I GENERAL Interpretation 1 1 In this Order; in Parts II to IV and VI “ the Licensing Order ” means the Licensing (Northern Ireland) Order 1996 and expressions which are defined in that Order have the same meaning as in that Order; in Parts V and VI, “ the Registration of Clubs Order ” means the Registration of Clubs (Northern Ireland) Order 1996 and expressions which are defined in that Order have the same meaning as in that Order; [ In Part VII, “ the Betting, Gaming, Lotteries and Amusements Order ” means the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 and expressions which are defined in that Order have the same meaning as in that Order] ... 2 The notes appended to the forms do not form any part thereof and are so appended only for the purpose of assisting their proper completion. PART II APPLICATIONS FOR THE GRANT OF LICENCES Notices of application 2 1 Notice of application in accordance with Articles 7 or 9 of and Schedule 1 to the Licensing Order for the grant or, as the case may be, for the provisional grant of a licence shall be in one of Forms 194 to 201 as may be appropriate; so, however, that the notice required by paragraph (1)( a ) of that Schedule to be inserted in the newspapers referred to in that paragraph and the notice required by paragraph (1) ( b ) of that Schedule to be displayed for the time and in the manner specified by that paragraph, may omit to specify the address of the applicant for the licence where the notice gives the address of the solicitor for the applicant. 2 A person intending to make an application for the grant or declaration of the final grant of a licence, in addition to complying with paragraph 1 or paragraph 11 of Schedule 1 to the Licensing Order, as the case may be, shall not less than three weeks before the time of the opening of the court at which the application is to be heard, serve a copy of the notice upon the clerk of petty sessions .... 3 Where it is intended to apply to the court which grants a licence or declares a licence provisionally granted to be final for— a an order under Article 43 of the Licensing Order directing that the permitted hours for part of such premises of a kind mentioned in Article 5(1)( a ) of the Licensing Order for which the court imposes a condition under Article 43(2) of the Licensing Order shall be the hours mentioned in Article 42(2) of the said Order; or b an order under Article 44 of the Licensing Order directing that, on such days as may be specified, the hours mentioned in Article 44(2) of the Licensing Order shall, in addition to the hours mentioned in Article 42(1) of the said Order, be included in the permitted hours for such part or parts of the premises which are specified in the order; or c an order under Article 48 of the Licensing Order specifying any part of the premises as suitable for functions such as are mentioned in Article 47(5) of the Licensing Order (functions for which extension licences may be granted); or d the grant of a children’s certificate under Article 59 of the Licensing Order, such intention shall be stated in the notice of application for the grant or in the notice of application for the provisional grant, as the case may be; and the plan attached to the notice in accordance with paragraph 3 of Schedule 1 to the Licensing Order shall particularly delineate or distinguish the part of the premises for which the order or certificate is sought. 4 Where notice is given of an application for the grant or provisional grant of a licence for premises on a site approved by declaration under Article 10 of the Licensing Order the notice shall refer to the fact that the premises are of a kind approved for that site by declaration. 5 A notice of application for a declaration that the grant of a licence is final in accordance with Article 9(7) of the Licensing Order shall be in Form 202 and the applicant shall attach the licence to the notice for the purposes of Article 9(10) of the Licensing Order. 6 A person intending to apply for the consent of the court under Article 9(6) to the Licensing Order to the modification of plans at any time before a licence provisionally granted has been declared final shall— a not less than three weeks before the time of the opening of the court sittings at which application is to be heard, serve notice in Form 203 on the chief clerk and serve copies of the notice on the sub-divisional commander of the police sub-division in which the premises are or are to be situated and on the district council for the district in which the premises are or are to be situated; b attach to such notice and copy notices copies of the modified plans complying with Rule 6 and clearly showing the proposed modifications. 7 A notice of intention to object in accordance with— a paragraphs 4 and 6 or 13 and 14 of Schedule 1 to the Licensing Order to the grant, provisional grant or grant of the licence being declared final, as the case may be, shall be in Form 204; b paragraphs 7A and 7B of Schedule 1 to the Licensing Order to— i the making of an order under Article 43 of the Licensing Order (alternative permitted hours for off sales); ii the making of an order under Article 44 of the Licensing Order (additional permitted hours); iii the making of an order under Article 48 of the Licensing Order (suitability of premises for functions); or iv the grant of a children’s certificate under Article 59 of the Licensing Order, shall be in Form 204A. 8 A notice published in the newspapers as required by paragraph 1(a) of Schedule 1 to the Licensing Order and a notice displayed at the premises as required by paragraph 1(b) of that Schedule shall— a include a reference to the requirement that any person owning or residing or carrying on business in premises in the vicinity of the premises for which the licence is sought who intends to object to the grant of the licence must, in accordance with paragraph 6 of Schedule 1 to the Licensing Order, serve notice of his intention to object upon the applicant and the chief clerk, not less than one week before the time of the opening of the court sitting specified in the notice so published; b state that the permissible grounds of objection are such as are specified in Article 7(4)(a) to (e)(i) of the Licensing Order, namely, failure to comply with the correct procedure, unfitness of applicant, unsuitability of premises and, where the premises are of a kind mentioned in Article 5(1)(a) or (b) only and Article 7(6) or paragraph 6 of Schedule 3 to the Licensing Order does not apply, that the number of licensed premises of that kind in the vicinity is or will be adequate; and [shall state that]— i in the case of an application under Article 43, the permissible grounds of objection are as specified in Article 43(2) (structural suitability); ii in the case of an application under Article 44, the permissible grounds of objection are as specified in Article 44(1) and (3) (structural suitability and undue inconvenience to residents); iii in the case of an application under Article 48 the permissible grounds of objection are as specified in Article 48(2) (suitability of premises); iv in the case of an application under Article 59 the permissible grounds of objection as specified in Article 59(2) (suitability of premises for children). c where appropriate, state that a subsisting licence is to be surrendered to the court and give particulars thereof. 9 A notice of intention to object, under paragraph 5 of Schedule 1 to the Licensing Order, to the surrender of a subsisting licence shall be in Form 205. Documents to be produced at hearing of application 3 1 Where the application is for the grant or declaration of the final grant of a licence for an hotel or a guest house, evidence that the premises comply with Article 2(2) of the Licensing Order as being premises of an establishment allocated by a certificate under Article 13 of the Tourism (Northern Ireland) Order 1992 to the statutory category of hotel or guest house, as the case may be, shall be given at the hearing of the application by production of a certificate to that effect issued by the Northern Ireland Tourist Board. 2 Where the application is for the grant or declaration of the final grant of a licence for a conference centre, evidence that the premises comply with Article 2(2) of the Licensing Order as being premises for which there is in force a certificate allocated by the Northern Ireland Tourist Board stating that the premises conform to the prescribed requirements, shall be given at the hearing of the application by production of a certificate to that effect issued by the said Board. 3 Where the application is made for a licence under the Licensing Order for any place of entertainment , indoor arena or outdoor stadium , any licence required by a council under Schedule 1 to the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 shall be produced at the hearing of the application. 4 Where the application is for the grant or declaration of the final grant of a licence for an outdoor stadium, evidence that the premises comply with Article 2AA(c) of the Licensing (Northern Ireland) Order 1996 as being premises which are designated in Regulations as a stadium which the Department considers to be of importance to the whole of Northern Ireland shall be given at the hearing of the application by production of a copy of the relevant Regulations. PART III APPLICATIONS FOR DECLARATIONS OF APPROVED SITES UNDER ARTICLE 10 OF THE LICENSING ORDER 4 1 Notice of application in accordance with paragraph 3 of Schedule 3 to the Licensing Order for a declaration under Article 10 of that Order shall be in Form 206. 2 Notice of intention to object in accordance with the said paragraph 3 shall be in Form 207. 3 Such a declaration shall be in Form 208. PART IV MISCELLANEOUS Applications under Article 31(1)(i) 5 1 Notice of application in accordance with paragraph 2 of Schedule 8 to the Licensing Order for an order under Article 31(1)(i) of that Order for the consent of the court to such alterations as are referred to in Article 31(1)( a ) to ( d ) of that Order shall be in Form 209. 2 Notice of intention to object under paragraph 5 of Schedule 8 to the Licensing Order shall be in Form 210. 3 An order consenting to such alterations shall be in Form 211. Requirements for plans to be attached to notice of application 6 1 The plan required by paragraph 3(1) of Schedule 1 to the Licensing Order to be attached to a notice of application for the grant of a licence shall be to scale of [ 1: 100) on substantial paper or material and shall show each floor of the premises on a separate page measuring, where practicable, approximately 46 cms by 46 cms and certified by an architect, surveyor or any other person considered by the court to be competent to do so. 2 The plan shall show the parts of the premises in which intoxicating liquor is sold, or in which it is intended that intoxicating liquor should be sold, by clearly distinguishing in bold hatched or shaded colour between that and other parts of the premises. 3 Where the application relates to an hotel or guest house, each of the following parts shall be clearly distinguished (by shading in separately each part in a different colour from the others) namely, the part— a in which customers who are not resident or the guests of residents may be served intoxicating liquor; b in which only residents may be served; c set apart for the service of main table meals only to residents and their guests; d set apart for the service of main table meals whether to the public or to residents or their guests; e set apart for the service of intoxicating liquor and other beverages to diners before or after such meals. Copies of notices for sub-divisional commander to be lodged at police station within police sub-division 7 1 Any notice, document or copy thereof required by the Licensing Order or this Order to be served on the sub-divisional commander of a police sub-division shall be served, unless the sub-divisional commander otherwise directs, by being lodged with a member of the Police Service of Northern Ireland for the time being in charge of a police station within the police sub-division in which the premises to which the document relates are or are to be situated; or, as the case may be, in which the applicant resides. 2 Notwithstanding anything in Article 2(9) of the Licensing Order, where the applicant is a body corporate, paragraph (1) shall have effect as if for the reference to the police sub-division in which the applicant resides there were substituted a reference to that in which the body has its principal or registered office. PART V REGISTRATION OF CLUBS Application for the registration of a club 8 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Notice of application in accordance with Article 5 of and paragraph 1(1)( a ) of Schedule 2 to the Registration of Clubs Order shall be in Form 305. 3 Notice of application in accordance with Article 5 of and paragraph 1(1)( b ), (c) and (d) of Schedule 2 to the Registration of Clubs Order shall be in Form 306. 4 Where it is intended to apply to the court which grants the registration of a club for the grant of a children’s certificate under Article 33 of the Registration of Clubs Order, such intention shall be stated in the notice of application referred to at paragraphs (2) and (3) above and the said notice of application shall be accompanied by a plan of the premises delineating the part thereof for which the certificate is sought. 5 A person intending to make an application for the grant of registration of a club shall, in addition to complying with paragraph 1(1)( b ), ( c ) and ( d ) of Schedule 2 to the Registration of Clubs Order, serve a copy of the notice upon the clerk of petty sessions .... 6 A notice published in the newspapers as required by paragraph 1(1)( b ) of Schedule 2 to the Registration of Clubs Order shall— a include a reference to the requirement that any person owning or residing or carrying on business in premises in the vicinity of the premises of the club for which the registration is sought who intends to object to the grant of registration must, in accordance with paragraph 4 of Schedule 2 to the Registration of Clubs Order, serve notice of his intention to object on the club and the chief clerk not less than one week before the time of the opening of the court sittings at which the application is to be made; b state that the permissible grounds of objection are any of the grounds specified in Article 5(5) and (6) of the Registration of Clubs Order. Objection to the registration of a club or the granting of a children’s certificate 9 1 Notice of intention to object to the registration of a club, in accordance with paragraphs 3 and 4 of Schedule 2 to the Registration of Clubs Order, shall be in Form 307. 2 Notice of intention to object to the granting of a children’s certificate, in accordance with paragraphs 6 and 7 of Schedule 2 to the Registration of Clubs Order, shall be in Form 307A. PART VI MODIFICATION OF THE LICENSING ORDER AND THE REGISTRATION OF CLUBS ORDER Modifications to the Licensing (Northern Ireland) Order 1996 and the Registration of Clubs (Northern Ireland) Order 1996 10 1 Schedule 1 to the Licensing Order shall have effect as if after paragraph 7 thereof there were added the following paragraphs— 7A Where, in accordance with paragraph 7, a person has included notice of his intention to apply for an order under Article 43, 44 or 48 or for a children’s certificate in the notices mentioned in paragraph 1 a sub-divisional commander upon whom notice is required by paragraph 1 to be served; the district council mentioned in that paragraph; or any person owning, or residing, or carrying on business in premises in the vicinity of the premises to which the application relates may appear at the hearing of the application and object to the court making an order or, as the case may be, to the grant of a certificate— a in the case of an application under Article 43, on any ground mentioned in Article 43(2); b in the case of an application under Article 44, on any ground mentioned in Article 44(1) and (3); c in the case of an application under Article 48, on any ground mentioned in Article 48(2); d in the case of an application under Article 59, on any ground mentioned in Article 59(2) 7B A person intending to object under paragraph 7A shall, not less than 1 week before the time of the court sitting at which the application is to be made— a serve upon the applicant notice of his intention to object, briefly stating his grounds for so doing; and b serve a copy of the notice upon the chief clerk. 2 Schedule 2 to the Registration of Clubs Order shall have effect as if after paragraph 5 thereof there were added the following paragraphs— 6 Where, in accordance with paragraph 5, a person has included notice of his intention to apply for a children’s certificate in the notices mentioned in paragraph 1 the sub-divisional commander mentioned in paragraph 1(1)(a)(i); the district council mentioned in paragraph 1(1)(a)(ii); or any person owning, or residing, or carrying on business in premises in the vicinity of the premises to which the application relates may appear at the hearing of the application and object to the grant of the certificate on any ground mentioned in Article 33(2). 7 A person intending to object under paragraph 6 shall, not less than 1 week before the time of the court sitting at which the application is to be made— a serve upon the applicant notice of his intention to object, briefly stating his grounds for so doing; and b serve a copy of the notice upon the chief clerk.] [ PART VII APPLICATIONS FOR GRANT OF BOOKMAKING OFFICE LICENCES Notices of Application 11 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 An application in accordance with Articles 12(1) or 14(1) of, and Schedule 2 to, the Betting, Gaming, Lotteries and Amusements Order for the grant or, as the case may be, for the provisional grant of a bookmaking office licence shall be in Form 211A and have attached a plan of the premises for which the licence is sought or, as the case may be, a plan of the premises for which the provisional licence is sought showing the premises as they will be when their construction, alteration or extension has been completed. 3 An application in accordance with Article 14(7) of the Betting, Gaming, Lotteries and Amusements Order to have the provisional grant of a bookmaking office licence declared final shall be in Form 211B and the applicant shall attach the provisional licence to the notice for the purposes of Article 14(10) of the Betting, Gaming, Lotteries and Amusements Order. 4 An application for the consent of the court under Article 14(6) of the Betting, Gaming, Lotteries and Amusements Order to the modification of plans at any time before a bookmaking office licence provisionally granted has been declared final shall be in Form 211C and— a not less than three weeks before the time of opening of the court sitting at which the application is to be heard, served on the chief clerk and on the district commander of the police district in which the premises are or are to be situated and on the district council for the district in which the premises are or are to be situated; and b have attached a copy of the modified plan of the premises clearly showing the proposed modifications. Objection to the grant of a bookmaking office licence 12 Notice of intention to object, in accordance with paragraph 4 of Schedule 2 to the Betting, Gaming, Lotteries and Amusements Order, to the grant or provisional grant, as the case may be, of a bookmaking office licence shall be in Form 211D. Newspaper notice 13 A notice published in the newspapers as required by paragraph 1 or paragraph 6 of Schedule 2 to the Betting, Gaming, Lotteries and Amusements Order shall be in Form 211A.] ORDER 49 Rent PART I GENERAL Interpretation 1 In this Order “ the Order ” means the Rent (Northern Ireland) Order 1978 . PART II APPEALS UNDER ARTICLE II OF THE ORDER Appeals to the county court against restricted rent certificates, regulated rent certificates and against refusal of application for regulated rent certificate 2 1 An appeal under Article 11 of the Order shall be by notice in such one of Forms 212 to 215 as may be appropriate and an order made by the court on such appeal may be in one of Forms 216 to 223. 2 The District Council shall be the respondent to the appeal and the appellant shall serve the notice on the respondent in accordance with Rule 10 and shall lodge the notice with the chief clerk together with a copy of the restricted rent certificate or regulated rent certificate served on the appellant by the respondent or, where the appeal is against the refusal of an application under Article 9 of the Order, of the notice of refusal of the application. 3 The appellant shall, in addition to complying with paragraph (2), serve in accordance with Rule 9 a copy of the notice of appeal upon the landlord or, as the case may be, the tenant who shall thereupon become a party to the appeal and may appear and be heard. PART III APPLICATIONS UNDER ARTICLE 20 OF THE ORDER Applications by tenants for compensation under Article 20 or the Order 3 1 An application by a tenant for compensation under Article 20 of the Order shall be by notice in Form 224. 2 The landlord shall be the respondent to the application and the applicant shall serve the notice of the respondent in accordance with Rule 9 and shall lodge a copy with the chief clerk. 3 An order awarding compensation under Article 20 of the Order may be in Form 225. PART IV APPEALS UNDER ARTICLE 47 OF THE ORDER Appeals by landlord or tenant under Article 47 against issue by district council of certificate of disrepair, etc. 4 1 An appeal under Article 47 of the Order shall be by notice in such one of Forms 226 to 229 as may be appropriate and an order made by the court may be in one of Forms 230 to 233. 2 The District Council shall be respondent to the appeal and the appellant shall serve the notice on the respondent in accordance with Rule 9 and shall lodge a copy of the notice of appeal with the chief clerk together with the certificate of disrepair issued under Article 46 or the Order by the District Council or, where the District Council has issued a notice stating that it does not intend to issue such a certificate, a copy of that notice. 3 The appellant shall, in addition to complying with paragraph (2), serve in accordance with Rule 9 a copy of the notice of appeal upon the landlord or, as the case may be, the tenant who shall thereupon become a party to that appeal and may appear and be heard. PART V APPLICATIONS UNDER ARTICLE 69 OF THE ORDER Applications under Article 69 of the Order for determination of certain questions in relation to tenancy 5 1 An application under Article 69 of the Order made for the purpose of determining any question— a as to whether a tenancy is a protected tenancy or whether any person is a statutory tenant of a dwelling-house; or b as to the rent recoverable under a regulated or restricted tenancy; or c as to whether a tenancy is a restricted or regulated tenancy; shall be by notice in such one of Forms 234 to 237 as may be appropriate and a determination made by the Court on any such application may be in one of Forms 238 to 241. 2 The landlord or, as the case may be, the tenant shall be the respondent to the application and the applicant shall serve the notice on the respondent in accordance with Rule 9 and shall lodge a copy of the notice with the chief clerk together with a copy of any tenancy agreement referred to in the notice. 3 The particulars of the tenancy in the notice shall state whether a protected tenancy purports to have been determined and the date of such termination and where it is alleged by the applicant that a statutory tenancy has arisen by succession or otherwise shall state the manner in which the tenancy has arisen. 4 The particulars of any protected tenancy shall state the valuation of the dwelling-house at the grant of the tenancy, the permitted rent under the Rent Restriction Acts and how it is calculated by reference to the standard rent and any permitted increase under those Acts and whether the rates are payable by the landlord or tenant. 5 Where the application is for the determination of any such question as is referred to in paragraph ( b ) of Article 69(1) of the Order, the particulars in the notice shall in addition to those required under paragraph (4) include— a whether or not a regulated rent certificate or restricted rent certificate has been issued by a District Council with respect to the dwelling-house; b the net annual value of the dwelling-house as ascertained for the purposes of the Order under Article 71 thereof; c details of any determination by a rent assessment committee under Article 27 of the Order. PART VI APPLICATIONS UNDER SCHEDULE 1 [ . . .] TO THE ORDER Applications for decision under paragraph 4 or 9 of Schedule 1 to the Order 6 1 An application under paragraph 4 of Schedule 1 to the Order shall be by notice in Form 242 and an order made on such decision as is referred to in that paragraph shall be in Form 243. 2 Such person or persons who are members of the original tenant’s family referred to in paragraph 4 of Schedule 1 to the Order and who is not an applicant or who are not applicants for a decision of the court under that paragraph shall be the respondent or respondents to such an application. 3 An application under paragraph 9 of Schedule 1 to the Order shall be by notice in Form 244 and an order made on such decision as is referred to in that paragraph shall be in Form 245. 4 Such person or persons who are members of the first successor’s family referred to in paragraph 9 of Schedule 1 to the Order and who is not an applicant for a decision of the court under that paragraph shall be the respondent or respondents to such an application. 5 The applicant shall serve notice of the application on the respondent or respondents in accordance with Rule 9 and shall lodge a copy of the notice with the chief clerk. [ . . .] PART VII SUPPLEMENTARY Court to which appeals and applications under the Order to be made 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Service of notice and entry of appeals or applications 9 1 Notice of an appeal or an application to be served on any party under these rules shall be served in accordance with Order 6 not less than twenty-eight days before the [ date fixed for the hearing]. 2 The appellant or applicant shall lodge a copy of the notice with the chief clerk at his office duly endorsed as to service and shall, where notice was served on the respondent by post in accordance with Order 6, attach to the copy any certificate of posting. [ . . .] ORDER 50 [ Adoption] [ ORDER 50A Parental orders under section [ 54] of the Human Fertilisation and Embryology Act [ 2008] [ Interpretation 1 1 In this Order unless the context otherwise requires— “ the 1990 Act ” means the Human Fertilisation and Embryology Act 1990 and expressions which are defined in the 1990 Act have the same meaning as in that Act; “ the 2008 Act ” means the Human Fertilisation and Embryology Act 2008 and expressions which are defined in the 2008 Act have the same meaning as in that Act; “ the 1987 Order ” means the Adoption (Northern Ireland) Order 1987 and expressions which are defined in the 1987 Order have the same meaning as in that Order; ... “ the birth mother ” means the woman who carried the child; “ the other parent ” means any person, other than the birth mother, who is a parent of the child but is not one of the petitioners and includes any man who is the father by virtue of section 35 of the 2008 Act or any woman who is a parent by virtue of section 42 or 43 of the 2008 Act; “ the birth parents ” means the birth mother and the other parent.] 2 The notes appended to Forms 389 to 395 do not form any part thereof and are appended only for the purpose of assisting in their proper completion. Commencement of proceedings 2 1 An application for a parental order shall be commenced by petition in Form 389. 2 The petitioners shall be the [ the persons who may apply for a parental order pursuant to section 54 of the 2008 Act] and the respondents shall be the birth parents (except where the petitioners seek to dispense with their consent) and any other persons or body in whom the parental rights and duties relating to the child are vested at the time of the application. 3 The court may at any time direct that any other person or body be made a respondent to the application. 4 On filing the petition the petitioners shall pay the appropriate fee and supply three copies of the petition together with any other documents required to be supplied under this Order. Appointment of guardian ad litem 3 1 As soon as practicable after the petition has been filed the chief clerk shall appoint a guardian ad litem of the child and shall send to him a copy of the petition together with any documents attached thereto. 2 The guardian ad litem shall be an officer of a Board or of an HSC trust or a person employed by such other organisation as the Department may approve. Duties of guardian ad litem 4 1 With a view to safeguarding the interests of the child before the court the guardian ad litem shall— a investigate so far as is reasonably practicable the matters set out in [ section 54(1) to (8) of the 2008 Act]; and b so far as he considers necessary, investigate any matter contained in the petition or other matter which appears relevant to the making of a parental order. 2 On completing his investigations the guardian ad litem shall make a report in writing to the court, drawing attention to any matters which, in his opinion, may be of assistance to the court in considering the application and shall notify the petitioners that he has done so. 3 The guardian ad litem shall also perform, at any time before the final determination of the application, such other duties as appear to him to be necessary or as the court may direct. 4 With a view to obtaining the directions of the court on any matter, the guardian ad litem may at any time make such interim report to the court as appears to him to be necessary and in such a case the chief clerk shall notify the petitioners. 5 The guardian ad litem shall attend any hearing of the application if so required by the court. 6 Any report made to the court under this rule shall be confidential. Agreement 5 1 Any document signifying the agreement of the birth parents to the making of a parental order shall be in Form 390 and shall, if executed in Northern Ireland, be witnessed by a now lay magistrate. 2 If the document is executed before the commencement of proceedings, it shall be filed with the petition. 3 If the document is executed outside Northern Ireland it shall be witnessed by one of the persons specified in rule 6(2), (3) or (4) of Order 50. Notice of hearing 6 1 As soon as practicable after being notified by the guardian ad litem that he has made his report to the court, the petitioners shall apply to the chief clerk to fix a date for the hearing of the application. 2 On an application under paragraph (1) the chief clerk shall fix a date and time for the hearing and shall take account of any directions given under paragraph (5). 3 The chief clerk shall inform the petitioners and the guardian ad \item of the date and time fixed for hearing and the petitioners shall serve notice of the hearing in Form 391 on all the parties and any Board, HSC trust or voluntary organisation which has at any time provided accommodation for the child. 4 If the petitioners have no solicitor acting for them the notice in Form 391 shall be signed by the chief clerk. 5 Anyone wishing to object to the making of a parental order, shall within 14 days of the date of service on him of the notice of hearing give the chief clerk written notice of his intention to object in Form 392. 6 If at any stage before the hearing of the application it appears to the court that directions for the hearing are required the court may give such directions as it considers necessary. Objections 7 1 Where the chief clerk receives notice of objection under rule 6(5) he shall notify [ the judge], the petitioners (or their solicitor) and the guardian ad litem, and [ the judge] shall direct what steps are to be taken. 2 [ The judge] may direct that the person who served notice of objection shall appear before him in his chambers on a date fixed by him and upon hearing the nature of or grounds for objection made by him or his legal representative on his behalf make such direction or order as appears just. The hearing 8 1 On the hearing of the petition, any person upon whom notice is required to be served under rule 6 may attend and be heard on the question whether a parental order should be made. 2 Any member or employee of a party which is an organisation or authority may address the court if he is duly authorised in that behalf. 3 The court shall not make a parental order except after the personal attendance before it of the petitioners. 4 If there are special circumstances which, having regard to the report of the guardian ad litem, appear to the court to make the attendance of any other person necessary or desirable, the court may direct that that person shall attend. Proof of identity of child, etc. 9 Where the child who is the subject of the application is identified in the petition by reference to a birth certificate which is the same, or relates to the same entry in the Register of Births, as a birth certificate exhibited to a form of agreement, the child so identified shall be deemed, unless the contrary appears, to be the child to whom the form of agreement refers. Notices and copies of orders etc. 10 1 A parental order shall be made in Form 393. 2 Within 14 days of the making of the parental order the chief clerk shall forward to the Registrar General a sealed copy thereof by registered post or by the recorded delivery service in an envelope marked “Confidential”. 3 Where a parental order is made or refused the chief clerk shall serve notice to that effect on every respondent. 4 A copy of a parental order may be supplied to the petitioners. 5 A copy of a parental order may be supplied to any other person with the leave of the court. Application, in respect of removal of, or for return of, child 11 1 An application under Article 28,(1) or 30(1) or (2) of the 1987 Order shall be made by sending notice of application in Form 394 to the chief clerk. 2 Subject to paragraph (4), the chief clerk shall serve a copy of the notice of application, together with a notice of the date of hearing on all the parties to the proceedings in respect of the relevant parental order, on an guardian ad litem appointed at the date of the application and on any other person or body, not being the child, as the court thinks fit. 3 Anyone who wishes to object to the application shall, within 14 days of the service of the application on him, send written notice of his objection to the chief clerk. 4 The chief clerk shall serve a copy of the written notice of objection on each person served with a copy of the application. 5 The court may at any time give directions, as to the appointment of a guardian ad litem of the child or, as to the conduct of the application under this rule. 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 [ 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 c the whole or any other part of the report shall be revealed to that party. 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.] [ ORDER 51 [ Family Proceedings] [ PART I] CHILD ABDUCTION AND CUSTODY ACT 1985 Interpretation 1 In this [ Part of this] Order— a a section referred to by number means the section so numbered in the Child Abduction and Custody Act 1985 ; and b “ the Hague Convention ” means the Convention defined in section 1(1); “ the High Court ” includes the High Court of Justice in England and Wales [ and the High Court of Justice of the Isle of Man]. Stay of pending custody proceedings 2 1 Where proceedings relating to the merits of the rights of custody (as construed in section 9) are pending before a court and that court receives notification from the High Court or the Court of Session of proceedings under the Hague Convention in respect of the child concerned, those pending proceedings shall be stayed and the chief clerk shall notify the parties to the pending proceedings accordingly. 2 Where a court in which pending proceedings have been stayed under paragraph (1) receives notification from the High Court or the Court of Session that an order has been made under Article 12 of the Hague Convention for the return of the child concerned, those pending proceedings shall be dismissed and the chief clerk shall notify the parties to those proceedings accordingly. 3 Where a court in which pending proceedings have been stayed under paragraph (1) receives notification from the High Court or the Court of Session that the application under the Hague Convention has been dismissed, the stay on the pending proceedings shall be removed and the chief clerk shall notify the parties to those proceedings accordingly. Notification of registration under section 16 3 Where any proceedings such as are mentioned in section 20(2) are pending before a court and that court receives notification from the High Court or the Court of Session— a that an application has been made under section 16 for registration of a decision relating to custody (other than a decision mentioned in section 20(3)) in respect of the child concerned; or b that such a decision is registered under section 16; and the condition specified in section 20(1)( b ) is satisfied, the chief clerk shall notify the parties to the pending proceedings accordingly. Application for copy court order 4 1 Any person who intends to make an application under the Hague Convention in a Contracting State (as defined in section 2) other than the United Kingdom may apply in writing to the chief clerk of a court for a copy of any order of that court relating to the child concerned. 2 An application under paragraph (1) shall specify— a the name and date of birth of the child concerned; b the date (or approximate date) of the proceedings to which the court order relates and the nature of those proceedings; c the Contracting State in which the applications under the Hague Convention is to be made; and d the relationship of the applicant to the child concerned. 3 On receipt of an application under paragraph (1), and upon being satisfied as to the applicant’s intention to make an application under the Hague Convention relating to the child concerned, the chief clerk shall send to the applicant a copy of any such order. 4 The court seal, duly authenticated as provided by Rule 3(2) of Order 56, shall be affixed to a copy order provided under this Rule. Application for declaration under section 23(2) 5 An application under section 23(2) in custody proceedings (as defined in section 27(1)), for a declaration that the removal from the United Kingdom of the child concerned was unlawful, shall be made by notice in those proceedings under Rule 1 of Order 14.] [ 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 ; “ the appropriate court ” means, in relation to England and Wales, the High Court and, in relation to Scotland, the Court of Session [ and in relation to a specified dependent territory, the corresponding court in that territory;] [ “ 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; [ . . .] “ 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. [ “ specified dependent territory ” means a dependent territory specified in column 1 of Schedule 1 to the Family Law Act 1986 (Dependent Territories) Order 1991 .] 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 [ 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 [ 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 [ 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 [ 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 c retain the subsequent order in the records of the court. 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; c the names of the parties to such proceedings and their relationship to the child; and 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 ; “ 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 [ 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.] [ ORDER 52 Miscellaneous Enactments 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 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 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 [ 28 days before the date fixed for the hearing] or within such other period as [ the judge] may direct. [ . . .] 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 [ the judge] considers to be material to the manner in which the application should be dealt with. Sitting in chambers 8 Unless [ 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 [ The judge] may direct the [ district judge] to interview the patient as provided for by paragraph (1) and report to [ 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 [ 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 [ 28 days before the date fixed for the hearing]. [ . . .] 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 [ 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 [ 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 [ 28 days before the date fixed for the hearing]. [ . . .] 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 [ 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 [ under section 97 of the Trade Marks Act 1994], not less than [ 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 [ 28 days before the date fixed for the hearing]. [ . . .] 4 Where [ 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 [ the judge] orders otherwise. 5 Without prejudice to any other provisions of these Rules, [ 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 ; “ the Regulations ” means the Access to Health Records (Steps to Secure Compliance and Complaints Procedures) Regulations (Northern Ireland) 1994 ; “ 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; c a copy of any report given by the holder of the health record if applicable. 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 . 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 ; “ 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 . 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 c expressions which are defined in the Act have the same meaning in this Part as they have in the Act. 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.] [ ORDER 53 Applications for Declarations under Part V of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 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 ; 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 [ . . .] 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 [ . . .] 2 Declarations made in accordance with Article 33 of the Order shall be in Form 313.] [ ORDER 54 Criminal Damage, Criminal Injuries to the Person and Emergency Provisions Compensation Appeals PART I INTERPRETATION Interpretation 1 1 In this Order— “ the 1977 Order ” means the Criminal Damage (Compensation) (Northern Ireland) Order 1977 ); “ the 1988 Order ” means the Criminal Injuries (Compensation) (Northern Ireland) Order 1988 ; “ the 1978 Act ” means the Northern Ireland (Emergency Provisions) Act 1978 ; “ the 1991 Act ” means the Northern Ireland (Emergency Provisions) Act 1991 . 2 Without prejudice to section 24 of the Interpretation Act (Northern Ireland) 1954 , 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 [ . . .], 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 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 c paragraph (2) of this rule. 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 [ 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 [ 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 [ the judge]; b a notice of intention to apply to [ 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 [ the judge] shall be made at the time the appeal would, if no notice of acceptance had been served, have been heard by [ the judge]; and d the appellant shall be entitled to his costs of the application unless [ 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 [ 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 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 c in Rule 1(6) for the reference to Form 134 there shall be substituted a reference to Form 345. 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 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 c in Rule 1(6) for the reference to Form 134 there shall be substituted a reference to Form 369. 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 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 c in Rule 1(6) for the reference to Form 134 there shall be substituted a reference to Form 388. 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 c the court gives leave for that evidence to be adduced. Provided that where the Secretary of State fails to comply with the requirements of sub-paragraph ( a ) [ 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 [ 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 [ . . .] 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 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.] [ . . .] [ 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, [ 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 ; 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 [ 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; c all necessary papers and vouchers. 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 [ 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 [ district judge] may within 14 days after the taxation request the [ 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 [ 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 [ district judge’s] decision on the review may within 14 days apply to [ 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 [ 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 [ the judge] may make such order as the circumstances require and in particular may order the [ 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 [ 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 there may be allowed to or in respect of witnesses such fees and expenses as [ 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 [ 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, [ 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, [ 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 The costs awarded on any application under Article 14 of the 1988 Order shall be in the discretion of [ 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; c section 28(4) of the 1978 Act or section 63(3) of the 1991 Act, shall be in the discretion of [ 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 ; “ the 1978 Act ” means the Northern Ireland (Emergency Provisions) Act 1978 ; “ the 1988 Order ” means the Criminal Injuries (Compensation) (Northern Ireland) Order 1988 ; “ the 1991 Act ” means the Northern Ireland (Emergency Provisions) Act 1991 .]; Exercise of discretion in absence of party 8 Any discretion exercisable by [ 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. [ . . .] 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 [ district judge] shall tax those costs when required by [ the judge] according to the costs and fees payable in the High Court, subject to revision by [ the judge]. 3 In any taxation of costs, whenever items appear for disbursement, they shall be vouched in such manner as the taxing officer considers, proper, subject to the decision of [ the judge] appealed to. 4 With respect to any costs and allowances which are discretionary, the officer on taxation shall take into consideration the amount or value of the subject matter of the suit and the general nature and circumstances of the particular case as well as the work actually done. 5 In addition to the amount of costs allowed to a party on taxation in respect of the supply of goods or services on which value added tax is chargeable, there may be allowed as a disbursement a sum equivalent to value added tax at the appropriate rate on that amount in so far as the tax is not deductible as input tax by that party. 6 Where any party seeks to have the taxation of costs reviewed by [ the judge], he shall serve on the [ 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 [ 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 [ 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, [ 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 [ the judge or district judge as the case may be]. 11 1 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; [ . . .] ba claimed diffuse mesothelioma or any asbestosis related disease; or] c was brought under: i Part IV of the Sex Discrimination (Northern Ireland) Order 1976 ; ii Part III of the Race Relations (Northern Ireland) Order 1997 ; iii Part IV of the Fair Employment and Treatment (Northern Ireland) Order 1998 ; iv Part III of the Disability Discrimination Act 1995 ; v section 76 of the Northern Ireland Act 1998 ; vi regulations 24 or 25 of the Employment Equality (Age) Regulations (Northern Ireland) 2006 ; [ . . .] vii regulations 5 to 17 of the Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006 ]; viii 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, [ 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. [ . . .] 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 shall be such as may be determined by [ 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 [ £1.00]. Costs in undefended cases 14 1 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 [ 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 [ Table 2] in Part I of Appendix 2. 3 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 [ 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 [ 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 [ 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— a £2.88 as from 13 February 2017; or b £2.93 as from 13 February 2018. ] 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 [ 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 In any proceedings before a [ judge], other than an appeal under the 1977 Order, the 1988 Order, the 1978 Act or the 1991 Act, if the award by [ the judge] does not exceed— a [ £10,000], only two-thirds of the amount of the scale costs shall be allowed, unless [ 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 [ 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 [ 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, [ 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 [ 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 [ 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 c every document issued by a county court for which a form marked with the word “seal” is prescribed in Appendix 1. [ 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 [ 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; and the alleged offender has not been taken into custody and brought before [ the judge] or dealt with summarily by [ the judge], [ the district judge], chief clerk or other [ civil servant in the Department of Justice] acting as clerk of the court— i shall issue a summons in Form 264 which shall be served by a process server on the alleged offender personally at least two days before the return day appointed in such summons; or ii if [ the judge] so directs, shall forthwith issue a warrant in Form 265 addressed to a superintendent of the Police Service of Northern Ireland for the apprehension and bringing before the court of the alleged offender. 2 The fee payable to process server in respect of the service of a summons under paragraph (1)(i) shall be payable by the chief clerk and chargeable as part of his office expenses. 3 Where a person has been found to have committed any offence mentioned in paragraph (1), an order in Form 266, may be made against him. 4 After imposing a fine on or committing to prison any person for an offence mentioned in paragraph (1), [ the judge] may direct the chief clerk to give notice to such person that if he has any cause to show why an order should not be made against him, he may show cause in persons or by affidavit or otherwise on a day to be named in the notice, and [ the judge] after considering the cause may make such order as he thinks fit. Proceedings consequent on order under rule 1 2 A warrant for committal to prison under an order made under rule 1 shall be in Form 267; and all other warrants shall be in the forms specified in the Fines Act (Ireland) 1851 . Revocation of order of committal 3 An order revoking an order under Rule 1 committing a person to prison and, if he is already in custody, ordering his discharge, shall be in Form 268 with such modifications as may be necessary, and the chief clerk shall deliver a sealed copy of the order by post or otherwise to the governor of the prison in which the person is held in custody. Repayment of fine 4 If, in any case, after a fine has been paid the person on whom it was imposed shows cause which satisfies [ the judge] that if cause had been shown at an earlier date, he would not have imposed a fine or would have imposed a smaller fine, or would not have ordered payment or full payment to be enforced, [ the judge] may order the fine or any part thereof to be repaid. Decrees enforceable by committal 5 1 Decrees in the nature of an injunction and all decrees within the competence of the court which, if they were made in an action or matter in the High Court could in that court be enforced by committal may in accordance with this Order be enforced, by order of [ the judge], by committal. 2 Any such decree which requires any person to do an act thereby ordered shall state the time, or the time after service of the decree, within which the act is to be done. Notice of motion for decree enforceable by committal 6 A notice of motion for a decree which may be enforced by committal may be in Form 269 and shall, except where [ the judge] otherwise determines, be supported by affidavit of the party making the application. Procedure for enforcement 7 1 When a decree enforceable by committal has been made for the benefit of one party (in this Rule called “ the applicant”) against another party (in this Rule called “the respondent ”) the chief clerk shall, on the application of the applicant, endorse on a certified copy of the decree a notice in Form 270 and the copy so endorsed shall be served on the respondent personally. 2 If the respondent fails to obey the decree, the applicant shall at least two days before the hearing serve on: the respondent personally a notice in Form 271 and shall send to the chief clerk a notice in Form 272. 3 [ The judge] may hear such application at any time and place he considers suitable. 4 On the day named in the notice, [ the judge], on being satisfied that the respondent has failed to obey the decree and, if the respondent does not appear, that the endorsed copy of the decree and the notice have been served on him, may order a warrant of committal to issue; but [ the judge] may, if he considers it necessary, hear the application ex parte and make such order thereon as he thinks fit. 5 The order for the issue of a warrant shall be in Form 273 and the warrant shall be in Form 274. Application, as to discharge from custody 8 1 [ The judge] may at any time and at any place hear any application as to the discharge of any person in custody committed for contempt of court and may make such order regarding that person as he might make if sitting in open court. 2 Notice of an application for discharge from custody of a person committed for contempt of court shall be in Form 275 and shall be served on the opposite party (if any) at least two days before the day on which the application is intended to be heard, and an order for the discharge from custody of a person so committed shall be in Form 276, but [ the judge] may, if he considers it necessary, hear the application ex parte and make such order thereon as he thinks fit. Procedure for grant of sequestration order 9 1 Rule 6 and paragraphs (1) to (4) of Rule 7 shall apply to motions for the grant of an order for sequestration against an individual under Article 111 of the Judgments Enforcement (Northern Ireland) Order 1981 or against a company under Article 113 of that Order with the modification that in the said Rules and in Forms 269, 270, 271 and 272 for a reference to committal or to an order of committal there shall be substituted a reference to sequestration or to an order for sequestration as the case may be. 2 A sequestration order granted against an individual shall be in Form 277 and that against a company shall be in Form 278. ORDER 58 [ Overriding objective, interpretation, revocations, extent, commencement and citation “The overriding objective 1 1 The overriding objective of these Rules is to enable the Court to deal with cases justly. 2 Dealing with a case justly includes, so far as is practicable— a ensuring that the parties are on an equal footing; b saving expense; c dealing with the case in ways which are proportionate to— i the amount of money involved; ii the importance of the case; iii the complexity of the issues; and iv the financial position of each party; d ensuring that it is dealt with expeditiously and fairly; and e allotting to it an appropriate share of the Court’s resources, while taking into account the need to allot resources to other cases. 3 The Court must seek to give effect to the overriding objective when it— a exercises any power given to it by the Rules; or b interprets any Rule.”.] Interpretation 2 1 In these Rules, the expression— “administrative court division” means an area specified as such in directions issued by the Department of Justice under section 2 of the Justice Act (Northern Ireland) 2015; [ “ controller ” means a person appointed as controller for a patient under Article 101 of the Mental Health (Northern Ireland) Order 1986;] “ Court Funds Rules ” means rules made by the Lord Chancellor, with the concurrence of the Treasury, under section 82 of the Judicature (Northern Ireland) Act 1978; [ . . .] “enactment” mean a statute or statutory instrument made under a statute, by whatsoever Parliament passed or by whomsoever made, for the time being in force in Northern Ireland; [ . . .] “ folio ” means seventy-two words, each single figure being reckoned as a word; [ “ patient ” has the meaning assigned to it in Article 2(2) of the Mental Health (Northern Ireland) Order 1986;] “ statutory instrument ” includes an Order in Council, order or warrant (other than an order made or a warrant issued by a court), scheme, rule, regulation or bye-law; “ the Order ” means the County Courts (Northern Ireland) Order 1980; “ the Crown Proceedings Act ” means the Crown Proceedings Act 1947 as extended to Northern Ireland by the [ Crown Proceedings (Northern Ireland) Order 1981 .] 2 References in these Rules to service by registered post (however expressed) shall, unless the contrary intention appears, be construed as including references to service by means of the recorded delivery service. 3 In these Rules “ decimal currency ” means the new currency provided for by the Decimal Currency Act 1967 and where it is necessary for the purposes of these Rules to calculate the amount in decimal currency corresponding to an amount in shillings and pence, the calculation shall be made in accordance with Schedule 1 to the Decimal Currency Act 1969 . Forms 3 The general forms set forth in Appendix 1 shall, subject as aforesaid, be used in proceedings under these Rules to which they are relevant. Application to Crown 4 Save as otherwise provided by the Crown Proceedings Act or by these Rules— a these Rules and any County Court Rules for the time being in force shall, so far as may be, apply to all proceedings by or against the Crown in like manner as they apply to proceedings between subjects; and b proceedings by or against the crown shall, so far as may be, take the same form as proceedings between subjects. Revocations 5 The Statutory Rules set out in columns 1 and 2 of Appendix 3 are revoked to the extent specified in column 3 of that Appendix. Rules apply to civil proceedings except as otherwise provided 6 Without prejudice to Part II of Order 32, in its application to cases stated under Article 61 of the Order on appeal from magistrate’s courts, [ or to Part IIA of Order 32,] these Rules shall apply only to civil proceedings. Citation and commencement 7 These Rules may be cited as the County Court Rules (Northern Ireland) 1981. We, the undersigned members of the County Court Rules Committee, having by virtue of the powers vested in us in this behalf made the foregoing rules, do hereby certify the same under our hand and submit them to the Lord Chancellor accordingly. JAMES A. BROWN J. P. HIGGINS R. T. ROWLAND D. W. R. McALISTER TIMOTHY T. FERRIS C. NELSON M. ROUNTREE T. F. GLASS HAROLD McKEE HARRY COLL H. COLLEN Dated 5th June 1981 After consultation with the Lord Chief Justice I allow these rules which shall come into operation on 12th October 1981. HAILSHAM OF ST. MARYLEBONE, C. Dated 2nd July 1981