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The Rules of the Supreme Court (Northern Ireland) (Revision) 1980

Type Ni-Statutory-Rule

Publication 1980-10-01

Last updated 2025-07-11

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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Made: 1st October 1980

To be laid before Parliament

Coming into operation: 1st January 1981

We, the Northern Ireland Supreme Court Rules Committee, being the authority having for the time being power under section 55 of the Judicature (Northern Ireland) Act 1978[^f00001] to make, amend or revoke rules regulating the pleading, practice and procedure of the Supreme Court of Judicature of Northern Ireland, hereby, with the concurrence of the Lord Chancellor, exercise these powers and all other powers enabling us in that behalf as follows:

1

The Rules set out in Schedule1 hereto are hereby made.

2

(1) The Rules and Orders specified in Part I of Schedule 2 hereto are, with the exception of the provisions specified in column 1 of Part II thereof, hereby revoked, but subject to rule 4 hereof and the provision in relation to the said Part I made at the end of that Part.

(2) The provisions specified in column 1 of Part II of Schedule 2 shall have effect with such modifications as are specified in column 2 thereof.

3

The provisions specified in column 1 of Schedule 3 hereto are hereby repealed or revoked to the extent specified in column 2 of that Schedule.

4

As respects proceedings commenced before 1st January 1981, the times for entering an appearance and service of pleadings shall continue to be those prescribed in the Rules of the Supreme Court (Northern Ireland) 1936[^f00002].

5

These rules may be cited as the Rules of the Supreme Court (Northern Ireland) (Revision) 1980 and shall come into operation on 1st January 1981.

SCHEDULE 1 — The Rules of the Court of Judicature (Northern Ireland) 1980

PRELIMINARY

ORDER 1 — CITATION, [ OVERRIDING OBJECTIVE], APPLICATION, INTERPRETATION AND FORMS: BUSINESS OF THE COURT OF JUDICATURE [ MEDIATION]

PART I — CITATION, [ OVERRIDING OBJECTIVE], APPLICATION, INTERPRETATION AND FORMS:

Citation

1

These Rules may be cited as the Rules of the Supreme Court (Northern Ireland) 1980.

[E.r. 1]

Application

2

(1) Subject to the following provisions of this rule, these Rules shall have effect in relation to all proceedings in the Supreme Court.

(2) These Rules, other than Part II of this Order and Order 4, Order 59 and Order 62 shall not have effect in relation to—

(a) proceedings under the Bankruptcy Acts (Northern Ireland) 1857 to 1980;

(b) proceedings relating to the winding-up of companies;

(3) These Rules shall not have effect in relation to any criminal proceedings other than any criminal proceedings to which Order 53, Order 59, Order 62 or Order 79 applies.

(4) In the case of the proceedings mentioned in paragraphs (2) and (3) nothing in those paragraphs shall be taken as affecting any provision of any rules (whether made under the Act or any other statutory provision) by virtue of which these Rules or any provisions thereof are applied in relation to any of those proceedings.

[E.r. 2].

Definitions

3

(1) In these Rules, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them namely—

“the Act” means the Judicature (Northern Ireland) Act 1978[^f00003];

“an action for personal injuries” means an action in which there is a claim for damages in respect of personal injuries to the plaintiff or any other person or in respect of a person's death, and “personal injuries” includes any disease and any impairment of a person's physical or mental condition;

“appropriate office” means the office in which the cause or matter is proceeding;

“Central Office” means the Central Office of the Supreme Court;

“master” means a master or registrar of the Supreme Court mentioned in the first column of Schedule 3 to the Act other than the Master (Taxing Office);

“the matrimonial causes rules” means rules made under Article 54 of the Matrimonial Causes (Northern Ireland) Order 1978[^f00004];

“originating summons” means every summons other than a summons in a pending cause or matter;

“pleading” does not include a writ (except a statement of claim indorsed thereon), a petition, summons or preliminary act;

“probate action” has the meaning assigned to it by Order 76;

“receiver” includes a manager or consignee;

“vacation” means the interval between the end of any of the sittings mentioned in Order 64, rule 1, and the beginning of the next sittings;

“writ” means a writ of summons.

(2) In these Rules, unless the context otherwise requires, “the Court” means the High Court or any one or more judges thereof whether sitting in court or in chambers or any master, but the foregoing provision shall not be taken as affecting any provision of these Rules or, in particular, Order 32, by rule 11, virtue of which the jurisdiction of a master is define, and regulated.

[E.r. 4]

Construction of references to Order, Rules, etc.

4

(1) Unless the context otherwise requires, any reference in these Rules to a specified Order, rule or Appendix is a reference to that Order or rule of or that Appendix to, these Rules and any reference to a specified rule, paragraph or sub-paragraph is a reference to that rule of the Order, that paragraph of the rule or that sub-paragraph of the paragraph in which the reference occurs.

(2) Any reference in these Rules to anything done under a rule of these Rules includes a reference to the same thing done before the commencement of that rule under any corresponding rule of court ceasing to have effect on the commencement of that rule.

(3) Except where the context otherwise requires, any reference in these Rules to any statutory provision shall be construed as a reference to that provision as amended, extended or applied by or under any other statutory provision.

[E.r. 5]

Construction of references to action, etc. for possession of land

5

Except where the context otherwise requires, references in these rules to an action or claim for the possession of land shall be construed as including references to proceedings against the Crown for an order declaring that the plaintiff is entitled as against the Crown to the land or to the possession thereof.

[E.r. 6]

Construction of references to Lord Chief Justice

6

For references in these Rules to the Lord Chief Justice there shall be substituted references to the senior Lord Justice of Appeal in relation to any period during which the functions of the Lord Chief Justice are being exercised by the senior Lord Justice of Appeal pursuant to section 11 of the Act.

[E.r. 7]

Construction of certain references to the Treasury

7

Any reference in these Rules to the Treasury shall, where the reference occurs in a provision relating to the giving of permission by the Treasury under the Exchange Control Act 1947 for the payment of money, be construed as including a reference to any person to whom the power of the Treasury to give such permission has been duly delegated.

[E.r. 8]

Forms

8

The forms in the Appendices shall be used where applicable with such variations as the circumstances of the particular case require.

[E.r. 9]

Rules not to exclude conduct of business by post

9

Nothing in these Rules shall prejudice any power to regulate the practice of the Court by giving directions enabling any business or class of business to be conducted by post.

[E.r. 10]

PART II — BUSINESS OF THE COURT OF JUDICATURE

A. DISTRIBUTION AMONGST DIVISIONS OF THE [HIGH] COURT

[ Assignment to Chancery Division

10

There shall be assigned to the Chancery Division—

(a) all causes and matters (other than Admiralty) in relation to

(i) the administration of the estates of deceased persons;

(ii) the dissolution of partnerships or the taking of partnership or other accounts;

(iii) the redemption or foreclosure of mortgages;

(iv) the raising of portions or other changes on land;

(v) the sale and distribution of the proceeds of property subject to any lien or charge;

(vi) the execution of trusts, charitable or private;

(vii) the rectification, setting aside or cancellation of deeds, or other written instruments;

(viii) the specific performance of an agreement for the sale, purchase, exchange, mortgage of any property or for the assignment of a lease of any property with or without an alternative claim for damages, or for rescission or such an agreement or for the forfeiture or return of any deposit made under such an agreement;

(ix) the partition or sale of land;

(x) copyright [[^f00025];]

(xi) [^f00026] the grant and revocation of probate of wills and letters of administration of estates of deceased persons.]

(b) proceedings under the Bankruptcy Acts (Northern Ireland) 1857 to 1980, the Companies (Northern Ireland) Order 1986, Part II of the Companies (Northern Ireland) Order 1989 or the Insolvency (Northern Ireland) Order 1989;

(d) proceedings taken under Article 4 of the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984[^f00027] by virtue of Article 309(2) or 310(4) of the Insolvency (Northern Ireland) Order 1989;

(e) proceedings under Articles 88(3A) or 90(3A) of the Judgments Enforcement (Northern Ireland) Order 1981[^f00028];

(f) all causes and matters which under, by virtue of, or in pursuance of any statutory provision were assigned to the Chancery Judge or the Chancery Division immediately before the coming into force of this Order;

(g) all causes and matters which under, by virtue of, or in pursuance of any statutory provision are assigned to the Chancery Judge or the Chancery Division.].

(h) [^f00029] applications under section 28 of the Competition Act 1998;

(i) proceedings under Part III of the Fair Trading Act 1973[^f00030].].

(j) [^f00031] proceedings under the Presumption of Death Act (Northern Ireland) 2009.]

Assignment to Queen’s Bench Division

11

There shall be assigned to the Queen’s Bench Division–

(a) all causes and matters civil and criminal which were within the jurisdiction of the Queen’s Bench Division immediately before the coming into force of this Order;

(b) the Admiralty jurisdiction of the High Court;

(c) proceedings under [[^f00032] Articles 107 to 110 of the Judgments Enforcement (Northern Ireland) Order 1981 except such proceedings as by this Order are assigned to the Family Division;

(d) [^f00033] applications for writs of habeas corpus.]

(e) [^f00034] applications for judicial review;

(f) all causes and matters which under by virtue of or in pursuance of any statutory provision are assigned to the Queen’s Bench Division].

(g) [^f00035] appeals under rule 14 or 15 of the Legal Aid in Criminal Proceedings (Costs) Rules (Northern Ireland) SR 1992[^f00036];

(h) appeals under section 28(2D) or (2E) of the Criminal Appeal (Northern Ireland) Act 1980[^f00037].]

(i) [^f00038] applications under section 54(3) of the Criminal Procedure and Investigations Act 1996.]

(j) [applications under section 103A of the Nationality, Immigration and Asylum Act 2002[^f00039].]

(k) [^f00040] proceedings under the Prevention of Terrorism Act 2005.]

(l) [^f00041] proceedings under the Counter-Terrorism Act 2008 [[^f00042] ...]

(la) [^f00043] proceedings on an application under section 27 of the Terrorist Asset-Freezing etc. Act 2010, or on a claim arising from any matter to which such an application relates;]

(lb) proceedings on an application under section 38 of the Sanctions and Anti-Money Laundering Act 2018 (court review of decisions), or on a claim arising from any matter to which such an application relates;

(m) [^f00044] appeals under rule 15 or 17B of the Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland 2005 [^f00045].]

(n) [^f00046] applications under Part 7 of the Coroners and Justice Act 2009[^f00047]—Exploitation Proceeds Orders.]

(o) [^f00048] applications under section 96AA of the Sexual Offences Act 2003.]

[ Assignment to Family Division

12

There shall be assigned to the Family Division—

(a) all causes and matters in relation to

[[^f00050] ...]

(ii) divorce, nullity of marriage, judicial separation, a decree of presumption of death and dissolution of marriage and any matters arising therefrom or connected therewith;

(iii) the inherent jurisdiction of the court with respect to children;

(iv) [^f00051] dissolution or annulment of a civil partnership, legal separation of civil partners, a presumption of death order and any matters arising therefrom or connected therewith;

(b) proceedings under

(i) the Maintenance Orders (Facilities for Enforcement) Act 1920[^f00052]; Part II of the Maintenance Orders Act 1950[^f00053]; the Maintenance Orders Act 1958[^f00054]; the Maintenance and Affiliation Orders Act (Northern Ireland) 1966[^f00055]; and the Maintenance Orders (Reciprocal Enforcement) Act 1972[^f00056];

(ii) Articles 107 to 110 of the Judgments Enforcement (Northern Ireland) Order 1981[^f00057], in relation to orders made by the court in matrimonial proceedings for the payment of money or by the Enforcement of Judgments Office in relation to the enforcement of such orders;

(iii) Part II of the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984[^f00058], except where those proceedings have been assigned to the Chancery Division under rule 10 of this Order;

(iv) the Child Abduction and Custody Act 1985[^f00059];

(v) the Family Law Act 1986[^f00060];

(vi) the Mental Health (Northern Ireland) Order 1986[^f00061];

(vii) the Enduring Powers of Attorney (Northern Ireland) Order 1987[^f00062];

(viii) the Adoption (Northern Ireland) Order 1987[^f00063];

(ix) Parts IV and V of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989[^f00064];

(x) the Human Fertilisation and Embryology Act 1990[^f00065] and Adoption (Northern Ireland) Order 1987 as applied with modifications by the Parental Orders (Human Fertilisation and Embryology) Regulations 1994[^f00066]

(xi) the Children (Northern Ireland) Order 1995[^f00067];

(xii) [^f00068] the Family Homes and Domestic Violence (Northern Ireland) Order 1998[^f00069].]

(xiii) [^f00070] sections 6 and 8 of the Gender Recognition Act 2004[^f00071];

(xiv) section 181 of, and Schedule 17 to, the Civil Partnership Act 2004[^f00072];

(xv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xvi) [^f00073] Schedule 1 to the Forced Marriage (Civil Protection) Act 2007;]

(xvii) [^f00074] Article 32L of the Child Support (Northern Ireland) Order 1991;

(xviii) The Hague Convention of 19th October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children;]

(c) all causes or matters which under, by virtue of or in pursuance of any statutory provision are assigned to the Family Division.]

(d) [^f00075] proceedings under the Human Fertilisation and Embryology Act 1990 and the Adoption (Northern Ireland) Order 1987 as applied with modifications by the Parental Orders (Human Fertilisation and Embryology) Regulations 1994;]

B. ASSIGNMENT OF BUSINESS TO DEPARTMENTS

Central Office

13

There shall be transacted in the Central Office—

(a) all business in connection with causes and matters assigned to the Queen’s Bench Division;

(b) all business in connection with the jurisdiction of the Court of Appeal;

(c) all the business heretofore transacted in the Central Office, except such business as by this Order is assigned to any other office.

Chancery Office

14

There shall be transacted in the Chancery Office all business in connection with causes and matters assigned to the Chancery Division, except such business as by rule 13(b) and rule 15 is assigned to the Central Office and the Bankruptcy and Companies [[^f00077] Office] respectively.

[ Bankruptcy and Companies Office

15

There shall be transacted in the Bankruptcy and Companies Office all business in connection with—

(a) applications for an injunction to restrain the presentation of a petition to wind up a company;

(b) proceedings under the Bankruptcy Acts (Northern Ireland) 1857 to 1980, the Companies (Northern Ireland) Order 1986; Part II of the Companies (Northern Ireland) Order 1989 and the Insolvency (Northern Ireland) Order 1989;

(c) suits for partition maintained by the trustee of a bankrupt’s estate in the circumstances mentioned in Article 309(3) of the Insolvency (Northern Ireland) Order 1989;

(d) proceedings taken under Article 4 of the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984 by virtue of Article 309(2) or 310(4) of the Insolvency (Northern Ireland) Order 1989;

(e) proceedings taken under Article 88(3A) or 90(3A) of the Judgments Enforcement (Northern Ireland) Order 1981;

(f) [^f00079] applications under sections 73, 94 and 178 of the Financial Services Act 1986.]

except such business as by rule 13(b) is assigned to the Central Office.]

Probate and Matrimonial Office

16

There shall be transacted in the Probate and Matrimonial Office all business in connection with causes and matters assigned to the Family Division, except such business as by rule 13(b) and rule 17 is assigned to the Central Office and the Office of Care and Protection respectively.

[ Office of Care and Protection

17

There shall be transacted in the Office of Care and Protection all business in connection with—

(a) causes, matters or proceedings assigned to the Family Division under—

(i) rule 12(a)(iii);

(ii) rule 12(b)(iv) to (viii);

(iii) rule 12(b)(x); and

(b) proceedings assigned to the Family Division under—

(i) rule 12(b)(ix) where the application is under Article 33 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989;

(ii) rule 12(b)(xi) except where by virtue of any statutory provision the proceedings are required to be brought in a pending cause which is assigned to the Family Division under rule 12(a)(ii).]

Taxing Office

18

There shall be transacted in the Taxing Office—

(a) the taxation of—

(i) all costs in civil proceedings in the High Court and Court of Appeal;

(ii) all costs in criminal proceedings in the Crown Court and Court of Appeal;

(iii) all costs of or incidental to any proceedings before an arbitrator or umpire or before a tribunal or other body constituted by or under any statutory provision (not being proceedings in the Court of Judicature) where such costs are, by virtue of any statutory provision, taxable in the High Court;

(iv) [^f00081] all costs taxable pursuant to an order made by the Master (Taxing Office) under Article 71F(2)(a) of the Solicitors (Northern Ireland) Order 1976[^f00082]];

(v) all other costs which under any statutory provision are required to be taxed or assessed by the Master (Taxing Office);

(b) [^f00083] the measurement of the remuneration under the Insolvency (Northern Ireland) Rules 1991[[^f00084]].

ORDER 2 — EFFECT OF NON-COMPLIANCE

Non-compliance with Rules

1

(1) Where, in beginning or purporting to begin any proceedings or at any stage in the course of or in connection with any proceedings, there has, by reason of any thing done or left undone, been a failure to comply with the requirements of these Rules, whether in respect of time, place, manner, form or content or in any other respect, the failure shall be treated as an irregularity and shall not nullify the proceedings, any step taken in the proceedings or any document, judgment or order therein.

(2) Subject to paragraph (3), the Court may, on the ground that there has been such a failure as is mentioned in paragraph (1), and on such terms as to costs or otherwise as it thinks just, set aside either wholly or in part the proceedings in which the failure occurred, any step taken in those proceedings or any document, judgment or order therein or exercise its powers under these Rules to allow such amendments (if any) to be made and to make such order (if any) dealing with the proceedings generally as it thinks fit.

(3) The Court shall not wholly set aside any proceedings or the writ or other originating process by which they were begun on the ground that the proceedings were required by any of these Rules to be begun by an originating process other than the one employed.

[E.r. 1]

Application to set aside for irregularity

2

(1) An application to set aside for irregularity any proceedings, any step taken in any proceedings or any document, judgment or order therein shall not be allowed unless it is made within a reasonable time and before the party applying has taken any fresh step after becoming aware of the irregularity.

(2) An application under this rule may be made by summons or motion and the grounds of objection must be stated in the summons or notice of motion.

[E.r 2]

ORDER 3 — TIME

“Month” means calendar month

1

Without prejudice to section 5 of the Interpretation Act 1978[^f00014] in its application to these Rules, the word “month”, where it occurs in any judgment, order, direction or other document forming part of any proceedings in the Supreme Court, means a calendar month unless the context otherwise requires.

[E.r. 1]

Reckoning periods of time

2

(1) Any period of time fixed by these Rules or by any judgment, order or direction for doing any act shall be reckoned in accordance with the following provisions of this rule.

(2) Where the act is required to be done within a specified period after or from a specified date, the period begins immediately after that date.

(3) Where the act is required to be done within or not less than a specified period before a specified date, the period ends immediately before that date.

(4) Where the act is required to be done a specified number of clear days before or after a specified date, at least that number of days must intervene between the day on which the act is done and that date.

(5) Where, apart from this paragraph, the period in question, being a period of 7 days or less, would include a Saturday, Sunday or bank holiday, Christmas Day or Good Friday, that day shall be excluded.

(6) In paragraph (5) “bank holiday” means a day which is, or is to be observed as, a bank holiday in Northern Ireland under the Banking and Financial Dealings Act 1971[^f00015].

[E.r. 2]

Long Vacation excluded from time for service, etc. of pleadings

3

Unless the Court otherwise directs, the period of the Long Vacation shall be excluded in reckoning any period prescribed by these Rules or by any order or direction for serving, filing or amending any pleading.

[E.r. 3]

Expiration of time when office closed

4

Where the time prescribed by these Rules, or by any judgment, order or direction, for doing any act at an office of the Supreme Court expires on a day on which that office is closed, and by reason thereof that act cannot be done on that day, the act shall be in time if done on the next day on which that office is open.

[E.r. 4]

Extension, etc. of time

5

(1) The Court may, on such terms as it thinks just by order extend or abridge the period within which a person is required or authorised by these Rules, or by any judgment, order or direction, to do any act in any proceedings.

(2) The Court may extend any such period as is referred to in paragraph (1) although the application for extension is not made until after the expiration of that period.

(3) The period, within which a person is required by these Rules, or by any order or direction, to serve, file or amend any pleading or other document may be extended by consent (given in writing) without an order of the Court being made for that purpose.

(4) In this rule references to the Court shall be construed as including references to the Court of Appeal.

[E.r. 5]

Notice of intention to proceed after year’s delay

6

(1) Where a year or more has elapsed since the last proceeding in a cause or matter, the party who desires to proceed must give to every other party not less than one month's notice of his intention to proceed.

(2) Where two years or more have elapsed since the fast proceeding in a cause or matter the defendant may apply to the Court by summons to dismiss the same for want of prosecution.

(3) A motion or summons on which no order was made is not a proceeding for the purpose of this rule.

[E.r. 6]

COMMENCEMENT AND PROGRESS OF PROCEEDINGS

ORDER 4 — TRANSFER AND CONSOLIDATION OF PROCEEDINGS

Transfer between Divisions

1

A cause or matter may, at any stage of the proceedings therein, be transferred from one Division to another by order of the Court made in the Division in which the cause or matter is proceeding.

[E.r. 3]

Transfer of certain pending matters to Chancery Division

2

Where an order has been made—

(a) for the winding up of any company,

(b) for the administration under the direction of the Court of the estate of a deceased person,

then, notwithstanding rule 1, the Chancery Judge may by order at any stage transfer to the Chancery Division any cause or matter brought by or against that company, or the executors or administrators of that person.

Transfers to and hearings before another Judge

3

Any judge who consents to do so may by arrangement with the Lord Chief Justice or the judge before whom a cause or matter is pending or to whom it has been assigned, hear such cause or matter or any part thereof or application therein.

When parties must be heard before transfer

4

(1) Subject to paragraph (2), all such transfers and arrangements as are mentioned in this Order may be made with or without the application or consent of any party.

(2) Before a cause or matter is transferred from one Division to another the parties must be given an opportunity of being heard.

Consolidation of actions

5

Where two or more causes or matters are pending in the same Division, then, if it appears to the Court—

(a) that some common question of law or fact arises in both or all of them, or

(b) that the rights to relief claimed therein are in respect of or arise out of the same transaction or series of transactions, or

the Court may order those causes or matters to be consolidated on such terms as it thinks just or may order them to be tried at the same time or one immediately after another or may order any of them to be stayed until after the determination of any other of them.

[E.r. 10]

ORDER 5 — MODE OF BEGINNING CIVIL PROCEEDINGS IN HIGH COURT

Mode of beginning civil proceedings

1

Subject to the provisions of any statutory provision or of these Rules, civil proceedings in, the High Court may be begun by writ originating summons, originating motion or petition.

[E.r. 1]

Proceedings which must be begun by writ

2

Subject to the provisions of any statutory provision or of these Rules, by virtue of which any proceedings are expressly required to be begun otherwise than by writ, the following proceedings must, notwithstanding anything in rule 4, be begun by writ, that is to say, proceedings—

(a) in which a claim is made by the plaintiff for any relief or remedy for any tort, other than trespass to land;

(b) in which a claim made by the plaintiff is based on an allegation of fraud;

(c) in which a claim is made by the plaintiff for damages for breach of duty (whether the duty exists by virtue of a contract or of a provision made by or under a statutory provision or independently of any contract or any such provision), where the damages claimed consist of or include damages in respect of the death of any person or in respect of personal injuries to any person or in respect of damage to any property;

(d) in which a claim is made by the plaintiff in respect of the infringement of a patent.

[E.r. 2]

Proceedings which must be begun by originating summons

3

(1) Proceedings by which an application is to be made to the High Court or a judge thereof under any statutory provision must be begun by originating summons except where by these Rules or by or under any statutory provision the application in question is expressly required or authorised to be made by some other means.

(2) This rule does not apply to an application made in pending proceedings.

[E.r. 3]

Proceedings which may be begun by writ or originating summons

4

(1) Except in the case of proceedings which by these Rules or by or under any statutory provision are required to be begun by writ or originating summons or are required or authorised to be begun by originating motion or petition, proceedings may be begun either by writ or originating summons as the plaintiff considers appropriate.

(2) Proceedings—

(a) in which the sole or principal question at issue is, or is likely to be, one of the construction of a statutory provision or of any instrument made under a statutory provision or of any deed, will, contract, or other document, or some other question of law, or

(b) in which there is unlikely to be any substantial dispute of fact,

are appropriate to be begun by originating summons unless the plaintiff intends in those proceedings to apply for judgment under Order 14 or Order 86 or for any other reason considers the proceedings more appropriate to be begun by writ.

[E.r. 4]

Proceedings to be begun by motion or petition

5

Proceedings may be begun by originating motion or petition if, but only if, by these Rules or by or under any statutory provision the proceedings in question are required or authorised to be so begun.

[E.r. 5]

Right to sue in person

6

(1) Subject to paragraph (2) and to Order 80 rule 2, any person (whether or not he sues as a trustee or personal representative or in any other representative capacity) may begin and carry on proceedings in the High Court by a solicitor or in person.

(2) Except as expressly provided by or under any statutory provision a body corporate may not begin or carry on any such proceedings otherwise than by a solicitor.

[E.r. 6]

ORDER 6 — WRITS OF SUMMONS: GENERAL PROVISIONS

Form of writ

1

Every writ must be in Form No. 1, 2, 3 or 4 in Appendix A, as is appropriate.

[E.r. 1]

Indorsement of claim

2

Before a writ is issued it must be indorsed—

(a) with a statement of claim or, if the statement of claim is not indorsed on the writ, with a concise statement of the nature of the claim made or the relief or remedy required in the action begun thereby;

(b) where the claim made by the plaintiff is for a debt or liquidated demand only, with a statement of the amount claimed in respect of the debt or demand and for costs and also with a statement that further proceedings will be stayed if, within the time limited for appearing, the defendant pays the amount so claimed to the plaintiff or his solicitor;

(i) whether the claim relates to a dwelling-house; and

(ii) if it does, whether the dwelling-house is one to which Part III of the Rent (Northern Ireland) Order, 1978[^f00016], applies;

(d) where the action is brought to enforce a right to recover possession of goods, with a statement showing the value of the goods.

[E.r. 2]

Indorsement as to capacity

3

Before a writ is issued it must be indorsed—

(a) where the plaintiff sues in a representative capacity, with a statement of the capacity in which he sues;

(b) where a defendant is sued in a representative capacity, with a statement of the capacity in which he is sued.

[E.r 3]

Indorsement as to solicitor and address

4

(1) Before a writ is issued it must be indorsed—

(a) where the plaintiff sues by a solicitor, with the plaintiff's address and the solicitor's name or firm and a business address of his within the jurisdiction;

(b) where the plaintiff sues in person, with the address of his place of residence and, if his place of residence is not within the jurisdiction or if he has no place of residence, the address of a place within the jurisdiction at or to which documents for him may be delivered or sent.

(2) The address for service of a plaintiff shall be—

(a) where he sues by a solicitor, the business address of the solicitor indorsed on the writ;

(b) where he sues in person, the address within the jurisdiction indorsed on the writ.

(3) Where a solicitor's name is indorsed on a writ, he must, if any defendant who has been served with or who has entered an appearance to the writ requests him in writing so to do, declare in writing whether the writ was issued by him or with his authority or privity.

(4) If a solicitor whose name is indorsed on a writ declares in writing that the writ was not issued by him or with his authority or privity, the Court may on the application of any defendant who has been served with or who has entered an appearance to the writ, stay all proceedings in the action begun by the writ.

[E.r. 5]

Concurrent writ

5

(1) One or more concurrent writs may, at the request of the plaintiff, be issued at the time when the original writ is issued or at any time thereafter before the original writ ceases to be valid.

(2) Without prejudice to the generality of paragraph (1) a writ for service within the jurisdiction may be issued as a concurrent writ with one which, or notice of which, is to be served out of the jurisdiction and a writ which, or notice of which, is to be served out of the jurisdiction may be issued as a concurrent writ with one for service within the jurisdiction.

(3) A concurrent writ is a true copy of the original with such differences (if any) as are necessary having regard to the purpose for which the writ is issued.

[E.r. 6]

Issue of writ

6

(1) No writ which, or notice of which, is to be served out of the jurisdiction shall be issued without the leave of the Court :

Provided that if every claim made by a writ is one which by virtue of a statutory provision the High Court has power to hear and determine notwithstanding that the person against whom the claim is made is not within the jurisdiction of the Court or that the wrongful act, neglect or default giving rise to the claim did not take place within the jurisdiction, the foregoing provision shall not apply to the writ.

(2) A writ by which proceedings assigned to the Chancery Division are begun must be issued out of the Chancery Office;

(3) Subject to paragraph (2) and to Order 76, rule 2, a writ must be issued out of the Central Office

(4) Issue of a writ takes place upon its being sealed by an officer of the office out of which it is issued.

(5) A concurrent writ must be marked “concurrent” with an official seal and bear the date of issue.

(6) No writ shall be sealed unless at the time of the tender thereof for sealing the person tendering it leaves at the office at which it is tendered a copy thereof signed, where the plaintiff sues in person, by him or, where he does not so sue, by or on behalf of his solicitor.

[E.r. 7]

Duration and renewal of writ

7

(1) For the purpose of service, a writ (other than a concurrent writ) is valid in the first instance for 12 months beginning with the date of its issue and a concurrent writ is valid in the first instance for the period of validity of the original writ which is unexpired at the date of issue of the concurrent writ.

(2) Where a writ has not been served on a defendant, the Court may by order extend the validity of the writ from time to time for such period, not exceeding 12 months at any one time, beginning with the day next following that on which it would otherwise expire, as may be specified in the order, if an application for extension is made to the Court before that day or such later day (if any) as the Court may allow.

(3) Before a writ, the validity of which has been extended under this rule, is served, it must be sealed with a seal showing the period for which the validity of the writ has been so extended.

(4) Where the validity of a writ is extended by order made under this rule, the order shall operate in relation to any other writ (whether original or concurrent) issued in the same action which has not been served so as to extend the validity of that other writ until the expiration of the period specified in the order.

[E.r. 8]

ORDER 7 — ORIGINATING SUMMONSES GENERAL PROVISIONS

Application

1

The provisions of this Order apply to all originating summonses subject, in the case of originating summonses of any particular class, to any special provisions relating to originating summonses of that class made by these Rules or by or under any statutory provision.

[E.r. 1]

Form of summons, etc.

2

(1) Every originating summons must be in Form No. 6, 7, 8 or 9 in Appendix A, whichever is appropriate.

(2) The party taking out an originating summons (other than a summons under Order 90 or an ex parte summons) shall be described as a plaintiff, and the other parties shall be described as defendants.

[E.r. 2]

Contents of summons

3

(1) Every originating summons must include a statement of the questions on which the plaintiff seeks the determination or direction of the High Court or, as the case may be, a concise statement of the relief or remedy claimed in the proceedings begun by the originating summons with sufficient particulars to identify the cause or causes of action in respect of which the plaintiff claims that relief or remedy.

(2) Order 6, rules 3 and 4, shall apply in relation to an originating summons as they apply in relation to a writ.

[E.r. 3]

Concurrent summons

4

Order 6, rule 5, shall apply in relation to an originating summons as it applies in relation to a writ.

[E.r. 4]

[ Issue of summons

5

Order 6, rule 6, shall apply in relation to an originating summons as it applies in relation to a writ.

[E.r. 5]

Duration and renewal of summons

6

Order 6, rule 7, shall apply in relation to an originating summons as it applies in relation to a writ.

[E.r. 6]

Ex parte originating summons

7

(1) Rules 2(1), 3(1) and 5 shall, so far as applicable, apply to ex parte originating summonses; but, save as aforesaid, the foregoing rules of this Order shall not apply to ex parte originating summonses.

(2) Order 6, rule 6(2), (3), (4) and (6) shall, with the necessary modifications, apply in relation to an ex parte originating summons as they apply in relation to a writ.

[E.r. 7]

ORDER 8 — ORIGINATING AND OTHER MOTIONS GENERAL PROVISIONS

Application

1

The provisions of this Order apply to all motions subject, in the case of originating motions of any particular class, to any special provisions relating to motions of that class made by these Rules or by or under any statutory provision.

[E.r. 1]

Notice of motion

2

(1) Except where an application by motion may properly be made ex parte, no motion shall be made without previous notice to the parties affected thereby, but the Court, if satisfied that the delay caused by proceeding in the ordinary way would or might entail irreparable or serious mischief may make an order ex parte on such terms as to costs or otherwise, and subject to such undertaking, if any, as it thinks just; and any party affected by such order may apply to the Court to set it aside.

(2) Unless the Court gives leave to the contrary, there must be at least 2 clear days between the service of notice of a motion and the day named in the notice for hearing the motion.

[E.r. 2]

Form and issue of notice of motion

3

(1) The notice of an originating motion must be in Form No. 11 in Appendix A and the notice of any other motion in Form No. 27 in that Appendix.

Where leave has been given under rule 2(2) to serve short notice of motion, that fact must be stated in the notice.

(2) The notice of a motion must include a concise statement of the nature of the claim made or the relief or remedy required.

(3) Order 6, rule 4, shall, with the necessary modifications, apply in relation to notice of an originating motion as it applies in relation to a writ.

(4) An originating motion, by which proceedings assigned to the Chancery Division are begun, must be issued out of the Chancery Office.

(5) Subject to paragraph (2), an originating motion must be issued out of the Central Office.

(6) Issue of every notice of motion takes place upon its being sealed by an officer of the office out of which it is issued.

[E.r. 3]

Service of notice of motion with writ, etc.

4

Notice of a motion to be made in an action may be served by the plaintiff on the defendant with the writ of summons or originating summons or at any time after service of such writ or summons, whether or not the defendant has entered an appearance in the action.

[E.r. 4]

Adjournment of hearing

5

The hearing of any motion may be adjourned from time to time on such terms, if any, as the Court thinks fit.

[E.r. 5]

ORDER 9 — PETITIONS: GENERAL PROVISIONS

Application

1

Rules 2 and 3 apply to petitions by which civil proceedings in the High Court are begun, subject, in the case of petitions of any particular class, to any special provisions relating to petitions of that class made by these Rules or by or under any statutory provision.

[E.r. 1]

Contents of petition

2

(1) Every petition must include a concise statement of the nature of the claim made and the relief or remedy required in the proceedings begun thereby.

(2) Every petition must include at the end thereof a statement of the names of the persons, if any, required to be served therewith or, if no person is required to be served, a statement to that effect.

(3) Order 6, rule 4, shall, with the necessary modifications, apply in relation to a petition as it applies in relation to a writ.

[E.r. 2]

Presentation of petition

3

Save where otherwise expressly provided by these Rules a petition may be presented by lodging it in the Chancery Office.

[E.r. 3]

Time of service of petition

4

Unless the Court otherwise directs, a petition which is required to be served on any person must be served on him not less than 7 days before the day fixed for the hearing of the petition.

[E.r. 4]

Certain applications not to be made by petition

5

No application in any cause or matter may be made by petition.

[E.r. 5]

ORDER 10 — SERVICE OF ORIGINATING PROCESS: GENERAL PROVISIONS

General provisions

1

(1) A writ must be served personally on each defendant by the plaintiff.

(2) A writ for service on a defendant within the jurisdiction may instead of being served personally on him be served—

(a) by sending a copy of the writ by ordinary first-class post to the defendant at his usual or last known address or

(b) if there is a letter box for that address by inserting through the letter box a copy of the writ enclosed in a sealed envelope addressed to the defendant.

In sub-paragraph (a) 'first-class post' means first-class post which has been pre-paid or in respect of which prepayment is not required.

(3) Where a writ is served in accordance with paragraph (2)—

(a) the date of service shall unless the contrary is shown be deemed to be the seventh day (ignoring Order 3 rule 2(5)) after the date on which the copy was sent to or as the case may be inserted through the letter box for the address in question;

(b) any affidavit proving due service of the writ must contain a statement to the effect that—

(i) in the opinion of the deponent the copy of the writ if sent to or, as the case may be inserted through the letter box for, the address in question, will have come to the knowledge of the defendant within 7 days thereafter; and

(ii) in the case of service by post, the copy of the writ has not been returned to the plaintiff through the post undelivered to the addressee.

(4) Where a defendant's solicitor indorses on the writ a statement that he accepts service of the writ on behalf of that defendant, the writ shall be deemed to have been duly served on that defendant and to have been so served on the date on which the indorsement was made.

(5) Where a writ is not duly served on a defendant but he enters an unconditional appearance in the action begun by the writ, the writ shall be deemed to have been duly served on him and to have been so served on the date on which he entered the appearance.

(6) This rule shall have effect subject to the provisions of any statutory provision and these rules and in particular to any statutory provision which provides for the manner in which documents may be served on bodies corporate.

Service of writ on agent of oversea principal

2

(1) Where the Court is satisfied on an ex parte application that—

(a) a contract has been entered into within the jurisdiction with or through an agent who is either an individual residing or carrying on business within the jurisdiction or a body corporate having a registered office or a place of business within the jurisdiction, and

(b) the principal for whom the agent was acting was at the time the contract was entered into and is at the time of the application neither such an individual nor such a body corporate, and

(c) at the time of the application either the agent's authority has not been determined or he is still in business relations with his principal;

the Court may authorise service of a writ beginning an action relating to the contract to be effected on the agent instead of the principal.

(2) An order under this rule authorising service of a writ on a defendant's agent must limit a time within which the defendant must enter an appearance.

(3) Where an order is made under this rule authorising service of a writ on a defendant's agent, a copy of the order and of the writ must be sent by post to the defendant at his address out of the jurisdiction.

[E.r. 2]

Service of writ in pursuance of contract

3

(1) Where—

(a) a contract contains a term to the effect that the High Court shall have jurisdiction to hear and determine any action in respect of a contract or, apart from any such term, the High Court has jurisdiction to hear and determine any such action, and

(b) the contract provides that, in the event of any action in respect of the contract being begun, the process by which it is begun may be served on the defendant, or on such other person on his behalf as may be specified in the contract, in such manner, or at such place (whether within or out of the jurisdiction), as may be so specified,

then, if an action in respect of the contract is begun in the High Court and the writ by which it is begun is served in accordance with the contract, the writ shall, subject to paragraph (2), be deemed to have been duly served on the defendant.

(2) A writ which is served out of the jurisdiction in accordance with a contract shall not be deemed to have been duly served on the defendant by virtue of paragraph (1) unless leave to serve the writ, or notice thereof, out of the jurisdiction has been granted under Order 11, rule 1 or 2.

[E.r. 3]

Service of writ in actions for possession of land

4

(1) Where a writ is indorsed with a claim for the possession of land, service of the writ may be effected either by personal service on the defendant at any place in Northern Ireland, or by delivering a copy of such writ at the defendant's residence or place of business to the wife or husband of the defendant, or to some relative of the defendant or of the husband or wife of the defendant or to an employee of the defendant (the person with whom such copy shall be left being apparently over the age of 16 years), and such service as last aforesaid may be effected whether the defendant is in Northern Ireland or not.

(2) Where a writ is indorsed with a claim for the possession of land, the Court may—

(a) if satisfied on an ex parte application, that no person appears to be in possession of the land and that service cannot be otherwise effected on any defendant, authorise service on that defendant to be effected by affixing a copy of the writ to some conspicuous part of the land;

(b) if satisfied on such an application that no person appears to be in possession of the land and that service could not otherwise have been effected on any defendant, order that service already effected by affixing a copy of the writ to some conspicuous part of the land shall be treated as good service on that defendant.

[E.r. 4]

Service of originating summons, petition and notice of motion

5

The foregoing rules of this Order shall apply in relation to an originating summons to which an appearance is required to be entered as they apply in relation to a writ, and rule 1(1), (2), (3) and (4) shall, with any necessary modifications, apply in relation to an originating summons to which no appearance need be entered, a notice of an originating motion and a petition as they apply in relation to a writ.

[E.r. 5]

ORDER 11 — SERVICE OF PROCESS, ETC., OUT OF THE JURISDICTION

[ Principal cases in which service of writ out of jurisdiction is permissible

1

(1) Subject to rule 3 and provided that the writ does not contain any such claim as is mentioned in Order 75, rule 2(1)(a), service of a writ, or notice of a writ, out of the jurisdiction is permissible with the leave of the Court in the following cases, that is to say—

(a) if the whole subject-matter of the action begun by the writ is land situate within the jurisdiction (with or without rents or profits) or the perpetuation of testimony relating to land so situate;

(b) if an act, deed, will, contract, obligation or liability affecting land situate within the jurisdiction is sought to be construed, rectified, set aside or enforced in the action begun by the writ;

(c) if in the action begun by the writ relief is sought against a person domiciled or ordinarily resident within the jurisdiction;

(d) if the action begun by the writ is for the administration of the estate of a person who died domiciled within the jurisdiction or if the action begun by the writ is for any relief or remedy which might be obtained in any such action as aforesaid;

(e) if the action begun by the writ is for the execution, as to property situate within the jurisdiction, of 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 writ is a trustee or if the action begun by the writ is for any relief or remedy which might be obtained in any such action as aforesaid;

(f) if the action begun by the writ is brought against a defendant not domiciled or ordinarily resident in Scotland 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 the jurisdiction, or

(ii) was made by or through an agent trading or residing within the jurisdiction on behalf of a principal trading or residing out of the jurisdiction, or

(iii) is by its terms, or by implication, governed by the law of Northern Ireland,

(g) if the action begun by the writ is brought against a defendant not domiciled or ordinarily resident in England and Wales or Scotland in respect of a breach committed within the jurisdiction of a contract made within or out of the jurisdiction, and irrespective of the fact, if such be the case, that the breach was preceded or accompanied by a breach committed out of the jurisdiction that rendered impossible the performance of so much of the contract as ought to have been performed within the jurisdiction;

(h) if the action begun by the writ is founded on a tort committed within the jurisdiction;

(i) if in the action begun by the writ an injunction is sought ordering the defendant to do or refrain from doing anything within the jurisdiction (whether or not damages are also claimed in respect of a failure to do or the doing of that thing),

(j) if the action begun by the writ being properly brought against a person duly served within the jurisdiction, a person out of the jurisdiction is a necessary or proper party thereto;

(k) if the action begun by the writ is either by a mortagee of property situate within the jurisdiction (other than land) and seeks the sale of the property, the foreclosure of the mortgage or delivery by the mortgagor of possession of the property but not an order for payment of any moneys due under the mortgage or by a mortgagor of property so situate (other than land) and seeks redemption of the mortgage, reconveyance of the property or delivery by the mortgagee, of possession of the property but not a personal judgment;

(l) if the action begun by the writ is brought under the Carriage by Air Act 1961[^f00017], the Carriage by Air (Supplementary Provisions) Act 1962[^f00018], the Carriage of Goods by Road Act 1965[^f00019], the Nuclear Installations Act 1965[^f00020] or the Protection of Trading Interests Act 1980[^f00021];

(m) action begun by the writ is a probate action within the meaning of Order 76;

(n) if the action brought by the writ is brought to enforce a claim in respect of a liability incurred under the Merchant Shipping (Oil Pollution) Act 1971[^f00022];

(o) if the action begun by the writ is brought against a defendant not domiciled or ordinarily resident in England and Wales or Scotland in respect of a claim by the Commissioners of Inland Revenue for estate duty or capital transfer tax;

(p) if the action begun by the writ is one in which a claim is made for a sum to which the directive of the Council of the European Communities dated 15th March 1976 No. 76/308/EEC applies, and service is to be effected in a country which is a member state of the European Economic Community.

In this paragraph “mortgage” includes a charge or lien, “mortgagee” means a person entitled to, or interested in, a mortgage and “mortgagor” means a person entitled to, or interested in property subject to a mortgage.

(2) Service of a writ in England and Wales, Scotland, the Isle of Man or the Channel Islands and service of notice of a writ in any other place out of the jurisdiction, is permissible without the leave of the Court if every claim made in the action begun by the writ is one which by virtue of a statutory provision the High Court has power to hear and determine notwithstanding that the person against whom the claim is made is not within the jurisdiction of the Court or that the wrongful act, neglect or default giving rise to the claim did not take place within its jurisdiction.

(3) Where a writ or notice of a writ is to be served out of the jurisdiction under paragraph (2), the time to be inserted in the writ or notice within which the defendant served therewith must enter an appearance shall be limited in accordance with the practice adopted under rule 4(4).

[E.r. 1]

Service out of jurisdiction in certain actions of contract

2

Where it appears to the Court that a contract contains a term to the effect that the High Court shall have jurisdiction to hear and determine any action in respect of the contract, the Court may, subject to rule 3, grant leave for service out of the jurisdiction of the writ, or notice of the writ, by which an action in respect of the contract is begun.

[E.r. 2]

Leave for service of notice of writ

3

(1) Unless service is to be effected in England and Wales, Scotland, the Isle of Man or the Channel Islands, leave granted under rule 1 or 2 shall be leave for service out of the jurisdiction of notice of the writ and not the writ.

(2) Notice of a writ for service out of the jurisdiction must be in Form No. 5 in Appendix A.

[E.r. 3]

Application for, and grant of, leave to serve writ out of jurisdiction

4

(1) An application for the grant of leave under rule 1 or 2 must be supported by an affidavit stating the grounds on which the application is made and that, it) the deponent's belief, the plaintiff has a good cause of action, and showing in what place or country the defendant is, or probably may be found.

(2) No such leave shall be granted unless it shall be made sufficiently to appear to the Court that the case is a proper one for service out of the jurisdiction under this Order.

(3) Where the application is for the grant of leave under rule 1 to serve a writ in England and Wales or Scotland, if it appears to the Court that there may be a concurrent remedy there, the Court, in deciding whether to grant leave, shall have regard to the comparative cost and convenience of proceeding there or in Northern Ireland, and (where that is relevant) to the powers and jurisdiction of the county courts in England and Wales or of the sheriff's or small debts courts in Scotland.

(4) An order granting under rule 1 or 2 leave to serve a writ, or notice of a writ, out of the jurisdiction must limit a time within which the defendant to be served must enter an appearance.

[E.r. 4]

Service of writ or notice of writ abroad: general

5

(1) Subject to the following provisions of this rule, Order 10 rule 1(1), (4) and (S)and Order 65 rule 4, shall apply in relation to the service of a writ, or notice of a writ, notwithstanding that the writ or notice is to be served out of the jurisdiction.

(2) Nothing in this rule or in any order or direction of the Court made by virtue of it shall authorise or require the doing of anything in a country in which service is to be effected which is contrary to the law of that country.

(3) A writ, or notice of a writ, which is to be served out of the jurisdiction—

(a) need not be served personally on the person required to be served so long as it is served on him in accordance with the law of the country in which service is effected; and

(b) need not be served by the plaintiff or his agent if it is served by a method provided for by rule 6 or rule 7.

(4) An official certificate stating that a notice of a writ as regards which rule 6 has been complied with, has been served on a person personally, or in accordance with the law of the country in which service was effected, on a specified date, being a certificate—

(a) by a British consular authority in that country, or

(b) by the government or judicial authorities of that country, or

shall be evidence of the facts so stated.

(5) An official certificate by the Secretary of State stating that notice of a writ has been duly served on a specified date in accordance with a request made under rule 7 shall be evidence of that fact.

(6) A document purporting to be such a certificate as is mentioned in paragraph (5) or (6) shall, until the contrary is proved, be deemed to be such a certificate.

(7) In this rule and rule 6 “the 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.

[E.r. 5]

Service of notice of writ abroad through foreign governments, judicial authorities and British consuls

6

(1) This rule does not apply to service in—

(a) England and Wales, Scotland, the Isle of Man or the Channel Islands;

(b) any independent Commonwealth country;

(d) the Republic of Ireland.

(2) Where in accordance with these Rules notice of a writ is to be served on a defendant in any country with respect to which there subsists a Civil Procedure Convention (other than the Hague Convention) providing for service in that country of process of the High Court, the notice may be served—

(a) through the judicial authorities of that country; or

(b) through a British consular authority in that country (subject to any provision of the convention as to the nationality of persons who may be so served).

(3) Where in accordance with these Rules, notice of a writ is to be served on a defendant in any country which is a party to the Hague Convention, the notice may be served—

(a) through the authority designated under the Convention in respect of that country; or

(b) if the law of that country permits—

(i) through the judicial authorities of that country, or

(ii) through a British consular authority in that country.

(4) Where in accordance with these Rules notice of a writ is to be served on a defendant in any country with respect to which there does not subsist a Civil Procedure Convention providing for service in that country of process of the High Court, the notice may be served—

(a) through the government of that country, where that government is willing to effect service; or

(b) through a British consular authority in that country, except where service through such an authority is contrary to the law of that country.

(5) A person who wishes to serve notice of a writ by a method specified in paragraph (2), (3) or (4) must lodge in the Central Office a request for service of notice of the writ by that method, together with a copy of the notice and an additional copy thereof for each person to be served.

(6) Every copy of a notice lodged under paragraph (5) must be accompanied by a translation of the notice in the official language of the country in which service is to be effected or, if there is more than one official language of that country, in any one of those languages which is appropriate to the place in that country where service is to be effected.

Provided that this paragraph shall not apply in relation to a copy of a notice which is to be served in a country the official language of which is, or the official languages of which include, English, or is to be served in any country by a British consular authority on a British subject, unless the service is to be effected under paragraph (2) and the Civil Procedure Convention with respect to that country expressly requires the copy to be accompanied by a translation.

(7) Every translation lodged under paragraph (6) must be certified by the person making it to be a correct translation; and the certificate must contain a statement of that person's full name, of his address and of his qualifications for making the translation.

(8) Documents duly lodged under paragraph (5) shall be sent by the Master (Queen's Bench and Appeals) to the Parliamentary Under-Secretary of State to the Foreign Office with a request that he arrange for notice of the writ to be served by the method indicated in the request lodged under paragraph (5), or, where alternative methods are so indicated, by such one of those methods as is most convenient.

[E.r. 6]

Service of notice of writ in certain actions under certain Acts

7

(1) Where a person to whom leave has been granted under rule 1 to serve notice of a writ on a High Contracting Party to the convention set out in Schedule I to the Carriage by Air Act 1961, the Schedule to the Carriage by Air (Supplementary Provisions) Act 1962 or the Schedule to the Carriage of Goods by Road Act 1965, being a writ beginning an action to enforce a claim in respect of carriage undertaken by that Party, wishes to have the notice served on that Party, he must lodge in the Central Office—

(a) a request for service to be arranged by the Secretary of State; and

(b) a copy of the notice; and

(c) except where the official language of the High Contracting Party is, or the official languages of that Party include, English, a translation of the notice in the official language or one of the official languages of the High Contracting Party.

(2) Where a person to whom leave has been granted under rule 1 to serve notice of a writ on the government of a country outside the United Kingdom, being a writ beginning an action to enforce a claim by virtue of section 10 of the Nuclear Installations Act 1965, wishes to have the notice served on that government, he must lodge m the Central Office the documents mentioned in sub-paragraphs (a), (b) and (c) of paragraph (1), and those sub-paragraphs shall apply accordingly with the substitution for references to the High Contracting Party of references to the country in question.

(3) Rule 6(7) shall apply in relation to a translation lodged under paragraphs (1) or (2) of this rule as it applies in relation to a translation lodged under paragraph (6) of that rule.

(4) Documents duly lodged under this rule shall be sent by the Master (Queen's Bench and Appeals) to the Secretary of State with a request that the Secretary of State arrange for the notice to be served on the High Contracting Party or the government in question, as the case may be.

[E.r. 7]

Undertaking to pay expenses of service by Secretary of State

8

Every request lodged under rule 6(5) or rule 7 must contain an undertaking by the person making the request to be responsible personally for all expenses incurred by the Secretary of State in respect of the service requested and, on receiving due notification of the amount of those expenses, to pay that amount to the Finance Officer 0£ the office of the Secretary of State and to produce a receipt for the payment to the proper officer of the High Court.

[E.r. 8]

Service of originating summons, petition, notice of motion, etc.

9

(1) Subject to paragraph (2) and to Order 73, rule 5, service out of the jurisdiction of an originating summons is permissible with the leave of the Court.

(2) Where the proceedings begun by an originating summons might have been begun by writ, service out of the jurisdiction of the originating summons is permissible as aforesaid if, but only if, service of the writ, or notice of the writ, out of the jurisdiction would be permissible had the proceedings been begun by writ.

(3) Where any proceedings are authorised by these Rules or (apart from these Rules) by or under any statutory provision to be begun by originating motion or petition, service out of the jurisdiction of the notice of motion or of the petition is permissible with the leave of the Court.

(4) Subject to Order 73, rule 5, service out of the jurisdiction of any summons, notice or order issued, given or made in any proceedings is permissible with the leave of the Court.

(5) Rule 4(1), (2) and (3) shall, so far as applicable, apply in relation to an application for the grant of leave under this rule as they apply in relation to an application for the grant of leave under rule 1 or 2.

(6) An order granting under this rule leave to serve out of the jurisdiction an originating summons to which an appearance is required to be entered must limit a time within which the defendant to be served with the summons must enter an appearance.

(7) Rules 5, 6 and 8 shall apply in relation to any document for the service of which out of the jurisdiction leave has been granted under this rule as they apply in relation to notice of a writ.

[E.r. 9]

ORDER 12 — ENTRY OF APPEARANCE TO WRIT OR ORIGINATING SUMMONS

Mode of entering appearance

1

(1) Subject to paragraph (2) and to Order 80, rule 2, a defendant to an action begun by writ may (whether or not he is sued as a trustee or personal representative or in any other representative capacity) enter an appearance in the action and defend it by a solicitor or in person.

(2) Except as expressly provided by any statutory provision, a defendant to such an action who is a body corporate may not enter an appearance in the action or defend it otherwise than by a solicitor.

(3) An appearance is entered by properly completing the requisite documents, that is to say, a memorandum of appearance, as defined by rule 3, two copies thereof, and handing them in at, or sending them by post to, the appropriate office.

(4) If two or more defendants to an action enter an appearance by the same solicitor and at the same time, only one set of the requisite documents need be completed and delivered for those defendants.

[E.r. 1]

Place for entering appearance

2

An appearance must be entered in the appropriate office.

[E.r. 2]

Memorandum of appearance

3

(1) A memorandum of appearance is a request to the appropriate office to enter an appearance for the defendant or defendants specified in the memorandum.

(2) A memorandum of appearance must be in Form No. 12 in Appendix A and the memorandum of appearance and copies thereof required for entering an appearance must be signed by the solicitor by whom the defendant appears or, if the defendant appears in person, by the defendant.

(3) A memorandum of appearance must specify—

(a) in the case of a defendant appearing in person, the address of his place of residence and, if his place of residence is not within the jurisdiction or if he has no place of residence, the address of a place within the jurisdiction at or to which documents for him may be delivered or sent; and

(b) in the case of a defendant appearing by a solicitor, a business address of his solicitor's within the jurisdiction,

and where the defendant enters an appearance in person, the address within the jurisdiction specified under sub-paragraph (a) shall be his, address for service, but otherwise his solicitor's business address shall be his address for service.

(4) If the Court is satisfied on application by the plaintiff that any address specified in the memorandum of appearance is not genuine, the Court may set aside the appearance.

[E.r. 3]

Procedure on receipt of requisite documents

4

(1) On receiving the requisite documents an officer of the appropriate office must in all cases affix to the memorandum of appearance, and 2 copies thereof, an official stamp showing the date on which he received those documents, enter the appearance in the cause book, file the original memorandum and—

(a) if the requisite documents were handed in at the office, hand back 2 copies of the memorandum, and

(b) if they were sent by post, send 1 copy by post to the plaintiff, or as the case may be, his solicitor at the plaintiff's address for service and also send by post to the defendant or, as the case may be, his solicitor at the defendant's address for service the other copy of the memorandum.

(2) Where the defendant enters an appearance by handing in the requisite documents at the office, he must on the date on which he enters the appearance send by post to the plaintiff, if the plaintiff sues in person, but otherwise to the plaintiff's solicitor, at the plaintiff's address for service, one of the copies of the memorandum of appearance, handed back to him under paragraph (1).

[E.r. 4]

Time limited for appearing

5

Reference in these Rules to the time limited for appearing are references—

(a) in the case of a writ served within the jurisdiction, to 14 days after service of the writ (including the day of service) or, where that time has been extended by or by virtue of these Rules, to that time as so extended; and

(b) in the case of a writ, or notice of a writ, served out of the jurisdiction, to the time limited under Order 10, rule 2(2), Order 11, rule 1(3), or Order 11, rule 4(4), or, where that time has been extended as aforesaid, to that time as so extended.

[E.r. 5]

Late appearance

6

(1) A defendant may not enter an appearance in an action after judgment has been entered therein except with the leave of the Court.

(2) Except as provided by paragraph (1), nothing in these Rules or any writ or order thereunder shall be construed as precluding a defendant from entering an appearance in an action after the time limited for appearing, but if a defendant enters an appearance after that time, he shall not, unless the Court otherwise orders, be entitled to serve a defence or do any other thing later than if he had appeared within that time.

[E.r. 6]

Conditional appearance

7

(1) A defendant to an action may with the leave of the Court enter a conditional appearance in the action.

(2) A conditional appearance, except by a person sued as a partner of a firm in the name of that firm and served as a partner, is to be treated for all purposes as an unconditional appearance unless the Court otherwise orders or the defendant applies to the Court, within the time limited for the purpose, for an order under rule 8, and the Court makes an order thereunder.

[E.r. 7]

Application to set aside writ, etc.

8

A defendant to an action may at any time before entering an appearance therein, or, if he has entered a conditional appearance, within 14 days after entering the appearance, apply by summons or motion for an order setting aside the writ or service of the writ, or notice of the writ, on him, or declaring that the writ or notice has not been duly served on him or discharging any order giving leave to serve the writ or notice on him out of the jurisdiction.

[E.r. 8]

Appearance to originating summons

9

(1) Subject to paragraph (2), an appearance must be entered to every originating summons (other than an ex parte originating summons) by each defendant named in and served with the summons.

(2) No appearance need be entered to an originating summons in any case or class of case in relation to which special provision to that effect is made by these Rules or by or under any statutory provision.

(3) Subject to the foregoing provisions of this rule, the foregoing rules of this Order shall apply in relation to an originating summons to which an appearance is required to be entered as they apply in relation to a writ except that for the reference in rule S(b) to Order 11, rules 1(3) and 4(4), there shall be substituted a reference to Order 11, rule 9(6).

[E.r. 9]

ORDER 13 — DEFAULT OF APPEARANCE TO WRIT

Claim for liquidated demand

1

(1) Where a writ is indorsed with a claim against a defendant for a liquidated demand only, then, if that defendant fails to enter an appearance, the plaintiff may, after the time limited for appearing, enter final judgment against that defendant for a sum not exceeding that claimed by the writ in respect of the demand and for costs, and proceed with the action against the other defendants, if any.

(2) A claim shall not be prevented from being treated for the purposes of this rule as a claim for a liquidated demand by reason only that part of the claim is for interest accruing after the date of the writ, at an unspecified rate, but any such interest shall be computed from the date of the writ to the date of entering judgment at the rate of 5 per cent.

(3) Before final judgment is entered under this rule an affidavit must be filed specifying the amount then actually due to the plaintiff.

[E.r. 1]

Claim for unliquidated damages

2

Where a writ is indorsed with a claim against a defendant for unliquidated damages only, then; if that defendant fails to enter an appearance, the plaintiff may, after the time limited for appearing, enter interlocutory judgment against that defendant for damages to be assessed and costs, and proceed with the action against the other defendants, if any.

[E.r. 2]

Claim for detention of goods

3

(1) Where a writ is indorsed with a claim against a defendant relating to the detention of goods only, then, if that defendant fails to enter an appearance, the plaintiff may, after the time limited for appearing and subject to Order 42, rule 6—

(a) at his option enter either—

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

(ii) interlocutory judgment for the value of the goods to be assessed and costs, or

(b) apply by summons for judgment against that defendant for delivery of the goods without giving, him the alternative of paying their assessed value,

and in, any case proceed with the action against the other defendants, if any.

(2) A summons under paragraph (1)(b) must be supported by affidavit and notwithstanding Order 65, rule 9, the summons and a copy of the affidavit must be served on the defendant against whom judgment is sought.

[E.r. 3]

Claim for possession of land

4

(1) Where a writ is indorsed with a claim against a defendant for possession of land only, then, subject to paragraphs (2), (3) and (4), if that defendant fails to enter an appearance the plaintiff may, after the time limited for appearing, and on producing a certificate by his solicitor, or (if he sues in person) an affidavit, stating that he is not claiming any relief in the action of the nature specified in Order 88 rule 1, enter judgment for possession of the land as against that defendant and costs, and proceed with the action against the other defendants, if any.

(2) The plaintiff shall not be entitled, except with the leave of the Court, 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 Court, to enter judgment under this rule where the writ is indorsed 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 writ is indorsed with a claim against a defendant for possession of land for non-payment of rent unless he files an affidavit made by the landlord, his agent, receiver or clerk, stating that there was at the date of issue of the writ 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 be by summons stating the grounds of the application, and the summons must, unless the Court otherwise orders and notwithstanding anything in Order 65, rule 9, be served on the defendant against whom it is sought to enter judgment.

(6) If the Court refuses leave to enter judgment, it may make or give any such order or directions as it might have made or given had the application been an application for judgment under Order 14, rule 1.

(7) 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.

(8) 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 Court may, having regard to the provisions of section 12 of the Land Law (Ireland) Act 1896[^f00023]:—

(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 it 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.

[E.r. 4]

Mixed claims

5

Where a writ issued against any defendant is indorsed with two or more of the claims mentioned in the foregoing rules, and no other claim, then, if that defendant fails to enter an appearance, the plaintiff may, after the time limited for appearing, 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 indorsed on the writ, and proceed with the action against the other defendants, if any.

[E.r. 5]

Other claims

6

(1) Where a writ is indorsed with a claim of a description not mentioned in rules 1 to 4, then, if any defendant fails to enter an appearance, the plaintiff may, after the time limited for appearing and upon filing an affidavit proving due service of the writ on that defendant and, where the statement of claim was not indorsed on or served with the writ, upon serving a statement of claim on him, proceed with the action as if that defendant had entered an appearance.

(2) Where a writ issued against a defendant is indorsed as aforesaid, but by reason of the defendant's satisfying the claim or complying with the demands thereof or any other like reason it has become unnecessary for the plaintiff to proceed with the action, then, if the defendant fails to enter an appearance, the plaintiff may, after the time limited for appearing, enter judgment with the leave of the Court against that defendant for costs.

(3) An application for leave to enter judgment under paragraph (2) shall be by summons which must, unless the Court otherwise orders, and notwithstanding anything in Order 65, rule 9 be served on the defendant against whom it is sought to enter judgment.

[E.r. 6]

Proof of service of writ

7

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

(a) an affidavit is filed by or on behalf of the plaintiff proving due service of the writ or notice of the writ on the defendant; or

(b) the plaintiff produces the writ indorsed by the defendant's solicitor with a statement that he accepts service of the writ on the defendant's behalf.

(2) Where, in an action begun by a writ, an application is made to the Court for an order affecting a party who has failed to enter an appearance, the Court hearing the application may require to be satisfied in such manner as it thinks fit that the party is in default of appearance.

(3) Where, after judgment has been entered under this Order against a defendant purporting to have been served by post under Order 10, rule 1(2)(a), the copy of the writ 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 action or the enforcement of the judgment, either—

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

(b) apply to the Court for directions.

(4) A request under paragraph (3)(a) shall be made by producing to an officer of the office in which the judgment was entered, and leaving with him for filing, an affidavit stating the relevant facts, and thereupon the judgment shall be set aside and the entry of the judgment and of any proceedings for its enforcement made in the book kept in the office for that purpose shall be marked 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 Court may—

(a) set aside the judgment; or

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

[E.r. 7]

Setting aside judgment

8

Without prejudice to rule 7(3) and (4), the Court may, on such terms as it thinks just, set aside or vary any judgment entered in pursuance of this Order.

[E.r. 9]

ORDER 14 — SUMMARY JUDGMENT

Application by plaintiff for summary judgment

1

(1) Where in an action to which this rule applies a statement of claim has been served on a defendant and that defendant has entered an appearance in the action, the plaintiff may, on the ground that that defendant has no defence to a claim included in the writ, or to a particular part of such a claim, or has no defence to such a claim or part except as to the amount of any damages claimed, apply to the Court for judgment against that defendant.

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