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

• (4) Where in pursuance of directions given under this rule money is paid into the High Court, to be invested or otherwise dealt with there, the money (including any interest thereon) shall not be paid out, nor shall any securities in which the money is invested, or the dividends thereon, be sold, transferred of paid out of court, except in accordance with an order of the Court.

• (5) The foregoing provisions of this rule shall apply in relation to a counterclaim by or on behalf of a person under disability, and a claim made by or on behalf of such a person in an action by any other person for relief under [[^f00510] sections 183 to 189 of the Merchant Shipping Act 1995], as if for references to a plaintiff and a next friend there were substituted references to a defendant and to a guardian ad litem respectively.

Provision supplementary to rule 10

11

• (1) Where under Article 21 of the County Courts (Northern Ireland) Order 1980 money to which a person under disability is entitled is ordered to be transferred from the High Court to a county court or to be paid into a county court, the following provisions of this rule apply.

• (2) Where the money is orderd to be transferred to a county court, the proper officer of the High Court shall send a sealed copy of the order and the payment schedule to the Accountant General, who shall proceed in accordance with rule 50 of the Court Funds Rules (Northern Ireland) 1979[^f00511].

Where the money is ordered to be paid into a county court, the proper officer of the High Court shall send a sealed copy of the judgment or order to the chief clerk of the county court.

Proceedings under Fatal Accidents Order: apportionment by court

12

• (1) Where a single sum of money is paid into court under Order 22, rule 1, in satisfaction of causes of action arising under the Fatal Accidents Order (Northern Ireland) 1977 and the Law Reform (Miscellaneous Provisions) Act 1937[^f00512], and that sum is accepted, the money shall be apportioned between the different causes of action by the court either when giving directions for dealing with it under rule 10 (if that rule applies) or when authorising its payment out of court.

• (2) Where, in an action in which a claim under the Fatal Accidents Order (Northern Ireland) 1977 is made by or on behalf of more than one person, a sum in respect of damages is adjudged or ordered or agreed to be paid in satisfaction of the claim, or a sum of money paid into court under Order 22, rule 1, is accepted in satisfaction of the cause of action under the said Order, then, unless the sum has been apportioned between the persons entitled thereto by the jury, it shall be apportioned between those persons by the Court.

The reference in this paragraph to a sum of money paid into court shall be construed as including a reference to part of a sum so paid, being the part apportioned by the Court under paragraph (1) to the cause of action under the said Order.

Service of certain documents on person under disability

13

• (1) Where in any proceedings a document is required to be served personally or in accordance with Order 10, rule 1(2) on any person and that person is a person under disability this rule shall apply.

• (2) Subject to the following provisions of this rule and to Order 24, rule 15(3), and Order 26, rule 6(3), the document must be served—

• (a) in the case of a minor who is not also a patient, on his father or guardian or, if he has no father or guardian, on the person with whom he resides or in whose care he is;

• (b) in the case of a patient, on the person (if any) who is authorised to conduct in the name of the patient or on his behalf the proceedings in connection with which the document is to be served or, if there is no person so authorised, on the person with whom he resides or in whose care he is;

and must be served in the manner required by these Rules with respect to the document in question.

• (3) Notwithstanding anything in paragraph (2), the Court may order that a document which has been, or is to be, served on the person under disability or on a person other than a person mentioned in that paragraph shall be deemed to be duly served on the person under disability.

• (4) A judgement or order requiring a person to do, or refrain from doing, any act, a notice of motion or summons for the committal of any person, and a writ of subpoena against any person, must, if that person is a person under disability, be served personally on him unless the Court otherwise orders.

This paragraph shall not apply to an order for interrogatories or for discovery or inspection of documents.

[ Appointment of guardian of child’s estate or fortune

14

• (1) In any of the circumstances mentioned in paragraph (2) (a) to (d) the court may appoint the Official Solicitor or some other suitable person to be a guardian of the fortune or estate of a child provided that

• (a) the appointment is to subsist only until the child reaches the age of eighteen; and

• (b) the consent of the persons with parental responsibility for the child (within the meaning of Article 6 of the Children (Northern Ireland) Order 1995[^f00514]

• (i) has been signified to the court; or

• (ii) in the opinion of the court cannot be obtained or may be dispensed with.

• (2) The circumstances referred to in paragraph (1) above are:

• (a) where money is paid into court on behalf of the child in accordance with directions given under rule 10 (control of money recovered by person under disability);

• (b) where a court or tribunal outside Northern Ireland notifies the court that it has ordered or intends to order that money to be paid to the child;

• (c) where the child is absolutely entitled to the proceeds of a pension fund;

• (d) where such an appointment seems desirable to the court.]

[ Investment of money recovered by person under disability

15

• (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[^f00516] or the Open-Ended Investment Companies Regulations 2001[^f00517].

• (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 [[^f00518] Department of Justice] may, with the concurrence of the [[^f00518] Department of Finance and Personnel], designate under section 79 of the 1978 Act.

Interpretation

16

• (1) In rule 15, the expression—

• “authorised unit trust scheme” has the meaning assigned by section 237(3) of the Financial Services and Markets Act 2000[^f00519];

• “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; andare 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; andSchedule 2 to that Act;

• “investment trust company” has the meaning assigned by section 842 of the Income and Corporation Taxes Act 1988[^f00520];

• “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 variable rate of interest.

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

Actions by and against firms within jurisdiction

1

Subject to the provisions of any statutory provision, any two or more persons claiming to be entitled, or alleged to be liable, as partners in respect of a cause of action and carrying on business within the jurisdiction may sue, or be sued, in the name of the firm (if any) of which they were partners at the time when the cause of action accrued.

Disclosure of partners’ names

2

• (1) Any defendant to an action brought by partners in the name of a firm may serve on the plaintiffs or their solicitors a notice requiring them or him forthwith to furnish the defendant with a written statement of the names and places of residence of all the persons who were partners in the firm at the time when the cause of action accrued; and if the notice is not complied with the Court may order the plaintiffs or their solicitor to furnish the defendant with such a statement and to verify it on oath or otherwise as may be specified in the order, or may order that further proceedings in the action be stayed on such terms as the Court may direct.

• (2) When the names of the partners have been declared in compliance with a notice or order given or made under paragraph (1), the proceedings shall continue in the name of the firm but with the same consequences as would have ensured if the persons whose names have been so declared had been named as plaintiffs in the writ.

• (3) Paragraph (1) shall have effect in relation to an action brought against partners in the name of a firm as it has effect in relation to an action brought by partners in the name of a firm but with the substitution, for references to the defendant and the plaintiffs, of references to the plaintiff and the defendants respectively, and with the omission of the words “or may order” to the end.

Service of writ

3

• (1) Where by virtue of rule 1 partners are sued in the name of a firm, the writ may, except in the case mentioned in paragraph (2), be served—

• (a) on any one or more of the partners, or

• (b) at the principal place of business of the partnership within the jurisdiction, on any person having at the time of service the control or management of the partnership business there; or

• (c) by sending a copy of the writ by ordinary first class post (as defined in Order 10, rule 1(2)) to the firm at the principal place of business of the partnership within the jurisdication;

and, subject to paragraph (2), where service of the writ is effected in accordance with this paragraph, the writ shall be deemed to have been duly served on the firm, whether or not any member of the firm is out of the jurisdiction.

• (2) Where a writ is served on a firm in accordance with sub-paragraph (1)(c)—

• (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 the firm; and

• (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 the firm at the address in question, will have come to the knowledge of one of the persons mentioned in paragraph (1)(a) or (b) within 7 days thereafter, and

• (ii) the copy of the writ has not been returned to the plaintiff through the post undelivered to the addressee.

• (3) Where a partnership has, to the knowledge of the plaintiff, been dissolved before an action against the firm is begun, the writ by which the action is begun must be served on every person within the jurisdiction sought to be made liable in the action.

• (4) Every person on whom a writ is served under paragraph (1)(a) or (b) must at the time of service be given a written notice stating whether he is served as a partner or as a person having the control or management of the partnership business or both as a partner and as such a person; and any person on whom a writ is so served but to whom no such notice is given shall be deemed to be served as a partner.

Entry of appearance in an action against firm

4

• (1) Where persons are sued as partners in the name of their firm, appearance may not be entered in the name of the firm but only by the partners thereof in their own names, but the action shall nevertheless continue in the name of the firm.

• (2) Where in an action against a firm the writ by which the action is begun is served on a person as a partner, that person, if he denies that he was a partner or liable as such at any material time, may enter an appearance in the action and state in his memorandum of appearance that he does so as a person served as a partner in the defendant firm but who denies that he was a partner at any material time.

An appearance entered in accordance with this paragraph shall, unless and until it is set aside, be treated as an appearance for the defendant firm.

• (3) Where an appearance has been entered for a defendant in accordance with paragraph (2), then—

• (a) the plaintiff may either apply to the Court to set it aside on the ground that the defendant was a partner or liable as such at a material time or may leave that question to be determined at a later stage of the proceedings;

• (b) the defendant may either apply to the Court to set aside the service of the writ on him on the ground that he was not a partner or liable as such at a material time or may at the proper time serve a defence on the plaintiff denying in respect of the plaintiff’s claim either his liability as a partner or the liability of the defendant firm or both.

• (4) The Court may at any stage of the proceedings in an action in which a defendant has entered an appearance in accordance with paragraph (2), on the application of the plaintiff or of that defendant, order that any question as to the liability of that defendant or as to the liability of the defendant firm be tried in such manner and at such time as the Court directs.

• (5) Where in an action against a firm the writ by which the action is begun is served on a person as a person having the control or management of the partnership business, that person may not enter an appearance in the action unless he is a member of the firm sued.

Leave to enforce judgment against firm

5

• (1) Where a judgment is given against a firm, leave to enforce the judgment against the property of a partner in the firm may be granted upon the ex parte application of the party who has obtained that judgment against a person who—

• (a) entered an appearance in the action as a partner, or

• (b) having been served as a partner with the writ of summons, failed to enter an appearance in the action, or

• (c) admitted in his pleading that he is a partner, or

• (d) was adjudged to be a partner.

• (2) Leave under paragraph (1) shall not be granted against a member of the firm who was out of the jurisdiction when the writ of summons was issued unless he—

• (a) entered an appearance to the action as a partner, or

• (b) was served within the jurisdiction with the writ as a partner, or

• (c) was, with the leave of the Court given under Order 11, served out of the jurisdiction with the writ, or notice of the writ, as a partner;

and, except as against any property of the firm within the jurisdiction or as provided by the foregoing provisions of this paragraph, a judgment given or made against a firm shall not render liable, release or otherwise affect a member of the firm who was out of the jurisdiction when the writ was issued.

• (3) Where a party who has obtained a judgment against a firm claims that a person is liable to satisfy the judgment as being a member of the firm, and the foregoing provisions of this rule do not apply in relation to that person, that party may apply to the Court for leave to enforce the judgment against that person, the application to be made by summons which must be served personally on that person.

• (4) Where the person against whom an application under paragraph (3) is made does not dispute his liability, the Court hearing the application may, subject to paragraph (2) give lead to enforce against that person, and, where that person disputes his liability, the Court may order that the liability of that person be tried and determined in any manner in which any issue or question in an action may be tried and determined.

Leave to enforce judgment in actions between partners, etc.

6

• (1) Upon an application for leave to enforce a judgment given in—

• (a) an action by or against a firm in the name of the firm against or by a member of the firm; or

• (b) an action by a firm in the name of the firm against a firm in the name of the firm where those firms have one or more members in common

the Court may give such directions, including directions as to the taking of accounts and the making of inquiries, as may be just.

Actions begun by originating summons

7

Rules 2 to 6 shall, with the necessary modifications, apply in relation to an action by or against partners in the name of their firm begun by originating summons as they apply in relation to such an action begun by writ.

Application to person carrying on business in another name

8

An individual carrying on business within the jurisdiction in a name or style other than his own name, may [[^f00521] whether or not he is within the jurisdiction] be sued in that name or style as if it were the name of a firm, and rules 2 to 7 shall, so far as applicable, apply as if he were a partner and the name in which he carried on business were the name of his firm.

1

These Rules apply to actions for libel or slander subject to the following rules of this Order.

lndorsement of claim in libel action

2

Before a writ in an action for libel is issued it must be indorsed with a statement giving sufficient particulars of the publications in respect of which the action is brought to enable them to be identified.

[ Obligation to give particulars

3

• (1) Where in any action for libel or slander the plaintiff alleges that the words or matters complained of were used in a defamatory sense other than their ordinary meaning, he must give particulars of the facts and matters on which he relies in support of such sense.

• (2) Where in an action for libel or slander the defendant alleges that, insofar as the words complained of consist of statements of fact, they are true in substance and in fact, and in so far as they consist of expressions of opinion, they are fair comment on a matter of public interest, or pleads to the like effect, he must give particulars stating which of the words complained of he alleges are statements of fact and of the facts and matters he relies on in support of the allegation that the words are true.

• (3) Without prejudice to Order 18, rule 8, but subject to paragraph (4), where the defendant makes an allegation as described in paragraph (2), the plaintiff shall serve a reply specifically admitting or denying any such allegation raised by the defendant and specifying any fact or matter upon which he relies in opposition to the defendant’s allegations.

• (4) No reply shall be required under paragraph (3) where all the facts or matters on which the plaintiff intends to rely in opposition to the defendant’s allegations as described in paragraph (2) are already particularised elsewhere in the pleadings.

• (5) Where in an action for libel or slander the plaintiff alleges that the defendant maliciously published the words or matters complained of, he need not in his statement of claim give particulars of the facts on which he relies in support of the allegation of malice, but if the defendant pleads that any of those words or matters are fair comment on a matter of public interest or were published upon a privileged occasion and the plaintiff intends to allege that the defendant was actuated by express malice, he must serve a reply giving particulars of the facts and matters from which the malice is to be inferred.

• (6) Without prejudice to Order 18, rule 12, the plaintiff must give full particulars in the statement of claim of the facts and matters on which he relies in support of his claim for damages, including details of any conduct by the defendant which it is alleged has increased the loss suffered and of any loss which is peculiar to the plaintiff’s own circumstances.

• (6A) [^f00523] Where the defendant relies on an offer to make amends made under section 2 of the Defamation Act 1996[^f00524], (referred to in this Order as “the 1996 Act”), by way of defence, the defence must—

• (a) state that the defendant is relying on the offer in accordance with section 4(2) of the 1996 Act;

• (b) state that the offer has not been withdrawn or accepted; and

• (c) have a copy of the offer attached to it.]

• (7) This rule shall apply in relation to a counterclaim for libel or slander as if the party making the counterclaim were the plaintiff and the party against whom it is made the defendant.]

[ Ruling on meaning

3A

• (1) At any time after the service of the statement of claim either party may apply to a judge in chambers for an order determining whether or not the words complained of are capable of bearing a particular meaning or meanings attributed to them in the pleadings.

• (2) If it appears to the judge on the hearing of an application under paragraph (1) that none of the words complained of are capable of bearing the meaning or meanings attributed to them in the pleadings, he may dismiss the claim or make such other order or give such judgment in the proceedings as may be just.

• (3) Subject to paragraph (4), each party to the proceedings may make only one application under paragraph (1).

• (4) Where a party has made an application under paragraph (1) and the respondent to that application subsequently amends his pleadings to allege a new meaning, the Court may allow the other party to make a further application under that paragraph in relation to that new meaning.

• (5) This rule shall apply in relation to a counterclaim for libel or slander as if the party making the counterclaim were the plaintiff and the party against whom it is made the defendant, and as if the counterclaim were the statement of claim.]

Provision as to payment into court

4

• (1) Where in an action for libel or slander against several defendants sued jointly the plaintiff, in accordance with Order 22, rule 3(1), accepts money paid into court by any of those defendants in satisfaction of his cause of action against that defendant, then, notwithstanding anything in rule 3(2) of that Order, the action shall be stayed against that defendant only, but—

• (a) the sum recoverable under any judgment given in the plaintiffs favour against any other defendant in the action by way of damages shall not exceed the amount (if any) by which the amount of the damages exceeds the amount paid into court by the defendant as against whom the action has been stayed, and

• (b) the plaintiff shall not be entitled to his costs of the action against the other defendant after the date of the payment into court unless either the amount of the damages awarded to him is greater than the amount paid into court and accepted by him or the judge is of opinion that there was reasonable grounds for him to proceed with the action against the other defendant.

• (2) Where in an action for libel a party pleads the defence for which section 2 of the Libel Act 1843[^f00526] provides, Order 22, rule 7 shall not apply in relation to that pleading.

Statement in open court

5

• (1) Where a party accepts money paid into court in satisfaction of a cause of action for libel or slander, the plaintiff or defendant, as the case may be, may apply to a judge in chambers by summons for leave to make in open court a statement in terms approved by the judge.

• (2) Where a party to an action for libel or slander which is settled before trial desires to make a statement in open court, an application must be made to the Court for an order that the action be set down for trial, and before the date fixed for the trial the statement must be submitted for the approval of the judge before whom it is to be made.

Interrogatories not allowed in certain cases

6

In an action for libel or slander where the defendant pleads that the words or matters complained of are fair comment on a matter of public interest or were published on a privileged occasion, no interrogatories as to the defendant’s sources of information or grounds of belief shall be allowed.

Evidence in mitigation of damages

7

In an action for libel or slander in which the defendant does not by his defence assert the truth of the statement complained of, the defendant shall not be entitled on the trial to give evidence in chief, with a view to mitigation of damages, as to the circumstances under which the libel or slander was published, or as to the character of the plaintiff, without the leave of the judge, unless 7 days at least before the trial he furnishes particulars to the plaintiff of the matters as to which he intends to give evidence.

Fulfilment of offer of amends [ ...]

8

• (1) An application to the Court under [[^f00528] section 3 of the Defamation Act 1996] to determine any question as to the steps to be taken in fulfilment of an offer of amends made under that section must, unless the application is made in the course of proceedings for libel or slander in respect of the publication to which the offer relates, be made in chambers in the Queen’s Bench Division, but only a judge may determine such question.

• (2) No appearance need be entered to an originating summons by which such an application is made.

[E.r. 8]

• (3) [^f00529] The application must include—

• (a) a copy of the offer to make amends;

• (b) details of the steps taken to fulfil the offer to make amends;

• (c) a copy of the text of any correction and apology;

• (d) details of the publication of the correction and apology;

• (e) a statement of the amount of any sum paid as compensation;

• (f) a statement of the amount of any sum paid as costs; and

• (g) why the offer to make amends is unsatisfactory.

• (4) Where any step specified in section 2(4) of the 1996 Act has not been taken, the application must state—

• (a) what steps are proposed by the party to fulfil the offer to make amends and the date or dates on which each step will be fulfilled; or

• (b) that no proposal has been made to take that step to fulfil the offer to make amends.]

[ Summary disposal under the Defamation Act 1996

9

• (1) This rule applies to proceedings for summary disposal under sections 8 and 9 of the 1996 Act.

• (2) The Court may, at any stage of the proceedings—

• (a) treat any application, pleading or other step in the proceedings as an application for summary disposal; or

• (b) make an order for summary disposal without any such application.

• (3) The Court may, on any application for summary disposal, direct the defendant to elect whether or not to make an offer to make amends under section 2 of the 1996 Act.

• (4) When it makes a direction under paragraph (3), the Court will specify the time by which and the manner in which—

• (a) the election is to be made; and

• (b) notification of the election is to be given to the Court and other parties.

• (5) An application for summary disposal must be supported by an affidavit which—

• (a) states that it is an application under section 8 of the 1996 Act;

• (b) verifies the facts on which the application is based;

• (c) identifies concisely any point of law on which the application relies;

• (d) states that in the deponent’s belief the claim or the defence has no realistic prospect of success and that there is no reason why the claim should be tried; and

• (e) states whether or not the defendant has made an offer to make amends and whether or not the offer has been withdrawn.

• (6) An application for summary disposal may be made at any time after the service of the statement of claim.

• (7) Where the Court makes an order for summary disposal, the order will specify the date by which the parties should reach agreement about the content, time, manner, form and place of publication of the correction and apology.

• (8) Where the parties cannot agree on the content of any correction and apology within the time specified in the order of the Court, the plaintiff must—

• (a) prepare a summary of the judgment by the Court; and

• (b) serve it on all the other parties within 3 days of the date specified in the order.

• (9) Where the parties cannot agree the summary of the judgment prepared by the plaintiff, they must within 3 days of receiving the summary—

• (a) lodge with the Court and serve on all the other parties a copy of the summary showing amendments they wish to make to it; and

• (b) apply to the Court for the Court to settle the summary.

• (10) An application to settle the summary will be heard by the judge who gave the judgment.]

Interpretation

1

In this Order—

• “the Act” means The Consumer Credit Act 1974[^f00532] and 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; and

a reference to proceedings or claims which relate to a regulated agreement shall be deemed to include a reference to proceedings or claims which relate to a security for a regulated agreement or to a debt or other liability arising under a regulated agreement.

Assignment of business

2

Proceedings under the Act shall be assigned to the Queen’s Bench Division, with the exception of proceedings relating to an agreement secured by a mortgage which shall be assigned to the Chancery Division.

Commencement of proceedings

3

• (1) Save as otherwise provided in these Rules, proceedings under the Act may be commenced by writ or originating summons.

• (2) Where proceedings brought by the creditor relate to a regulated agreement the originating process shall contain a statement clarifying which claim or claims relate to a regulated agreement.

Default of appearance or defence

4

• (1) Notwithstanding Order 13 or Order 19, no judgment in default of appearance or in default of defence in respect of claims which relate to a regulated agreement may be entered without the leave of the court unless the writ of summons contains a statement as required by rule 3(2) and there is produced a certificate by the plaintiff’s solicitors or (if he sues in person) an affidavit stating that—

• (a) the regulated agreement is not secured by a mortgage;

• (b) a default notice in proper form as required by sections 87 and 88 was duly served in sufficient time before the commencement of proceedings and has not been complied with by the debtor or surety;

• (c) it is not necessary to apply for an enforcement order granting leave to enforce (the creditor having complied with the relevant requirements of the Act and regulations made thereunder);

• (d) there has been no breach of the requirement in section 141(5) as to the joinder of parties to the proceedings; and

• (e) no notice of intention to apply for a time order or notice of intention to have a credit agreement reopened as extortionate has been filed in the Central Office or the Chancery Office (as the case may be) or received by the plaintiff.

• (2) Notwithstanding Order 65 rule 9, where the leave of the Court is required for judgment in default of appearance or defence, the summons and a copy of the affidavit must be served on every other party to the proceedings.

Joinder of parties

5

• (1) Where the debtor or any surety has not been served with a writ or originating summons commencing proceedings relating to a regulated agreement, the Court may, on an application which may be made ex parte and shall be grounded upon an affidavit, dispense with the requirement in section 141(5) (all parties to a regulated agreement and any surety to be parties to any proceedings).

• (2) In proceedings relating to a regulated agreement where—

• (a) the plaintiff was not one of the original parties to the agreement, and

• (b) the former creditor’s rights and duties under the agreement have passed to the plaintiff by operation of law or assignment,

the requirement in section 141(5) shall not apply to the former creditor, unless the Court shall otherwise direct.

• (3) Notice of an application under paragraph (1) shall be served on such person as the Court may direct.

• (4) This rule shall apply without prejudice to Order 15.

Action to recover possession of goods under a regulated hire-purchase agreement

6

In an action to recover possession of goods under a regulated hire-purchase agreement the statement of claim or (as the case may be) the affidavit filed in support of the originating summons shall include the following particulars—

• (a) the date of the agreement and the parties thereto, with sufficient particulars to enable the debtor to identify the agreement, and details of any sureties;

• (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) a statement that the agreement is a regulated agreement;

• (d) the place where the agreement was signed by the debtor (if known);

• (e) whether a default notice or a notice under section 76(1) has been served on the debtor, and the date and method of service;

• (f) the goods claimed;

• (g) the total price;

• (h) the amount paid by or on behalf of the debtor;

• (i) the date when the right to demand recovery of the goods accrued;

• (j) the amount of arrears accrued at the date when the right to demand recovery of the goods accrued;

• (k) the amount of any further balance under the agreement being the total price less—

• (a) the amount paid; and

• (b) any arrears; and

• (l) 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 regulated hire-purchase agreement

7

Where a plaintiff’s claim arises out of a regulated hire-purchase agreement but is not brought to recover possession of goods, the statement of claim or (as the case may be) the affidavit filed in support of the originating summons shall include the following particulars—

• (a) the date of agreement and the parties thereto, with sufficient particulars to enable the debtor to identify the agreement, and details of any sureties;

• (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) a statement that the agreement is a regulated agreement;

• (d) the place where the agreement was signed by the debtor (if known);

• (e) whether a default notice or a notice under section 76(1) has been served on the debtor, and the date and method of service;

• (f) the goods let under the agreement;

• (g) the total price;

• (h) the amount paid by or on behalf of the debtor;

• (i) the amount (if any) claimed as being due and unpaid in respect of any instalment or instalments of the total price; and

• (j) particulars of any other claim and the circumstances in which it arises.

Conditional sale agreements

8

The provisions of rules 6 and 7 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.

Enforcement Orders

9

• (1) Subject to paragraph (2), an application for an enforcement order shall be made by originating summons.

• (2) If, apart from the need to obtain an enforcement order, a creditor is entitled to payment of the money or to possession of the goods or land to which the regulated agreement relates, an application for an enforcement order shall be made in the course of an action to enforce the agreement.

• (3) The writ or originating summons commencing proceedings in which an enforcement order is sought shall be endorsed with or contain a statement of the circumstances rendering such an order necessary.

Orders under section 86(2), 92(1) or 92(2)

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), or 92(2) (recovery of possession of land where debtor is in breach of a regulated conditional sale agreement) as it applies to an enforcement order.

Time Orders

11

• (1) An application under [[^f00533] section 129(1)(b) or (ba)] for a time order shall be made by originating summons supported by an affidavit which shall include the following particulars—

• (a) the date of the agreement and the parties to it, with sufficient particulars to enable the creditor to identify the agreement, and details of any sureties;

• (b) if the creditor was not one of the original parties to the agreement, the name of the original party to the agreement;

• (c) the place where the agreement was signed by the debtor;

• (d) details of the notice served by the creditor giving rise to the application;

• (e) the total unpaid balance admitted to be due under the agreement and the amount of any arrears (if known) together with the amount and frequency of the payments specified by the agreement;

• (f) the debtor’s proposals as to payment of any arrears and of future instalments together with the reasons for the relevant breach of the agreement and details of his means; and

• (g) where the application relates to a breach of the agreement other than the non-payment of money, the reasons for that breach and the debtor’s proposals for remedying the breach.

• (2) Where in proceedings (other than mortgage actions to which Order 88 rule 4A applies) commenced by a creditor, a debtor or surety wishes to apply for a time order under section 129(1)(a) or section 129(1)(c), he shall forthwith file and serve on the other party or parties to the proceedings a notice of his intention so to apply.

• (3) If at the time of serving a notice under paragraph (2) the debtor or surety has not entered an appearance in the proceedings the notice must specify an address for service as if it were a memorandum of appearance.

• (4) After a notice under paragraph (2) has been served in an action begun by writ, judgment in default of appearance or in default of defence shall not be entered without the leave of the Court.

• (5) An application for leave under paragraph (4) must be made by summons supported by affidavit and, notwithstanding anything in Order 65 rule 9, the summons and a copy of the affidavit must be served on every other party to the proceedings.

• (6) [^f00534] An applicant who is a debtor or hirer making an application for an order under section 129(1)(ba) must attach to the supporting affidavit a copy of the notice served on the creditor or owner under section 129A(1)(a).]

Powers of Court: regulated agreements

12

• (1) On the hearing of any application in proceedings which relate to a regulated agreement and, without prejudice to any of the Court’s other powers under the Act or otherwise, the Court may, whether or not the debtor or surety has entered an appearance, served any pleading or filed or served a notice under rule 11 or appears at the hearing, exercise the powers of the Court under sections 129 to 136.

• (2) Where, on an application for leave to enter judgment in default of appearance or defence the Court refuses such leave in respect of a claim or any part of a claim, it may make or give any such order or direction as it might have made or given if the application had been an application under Order 14 rule 1 or Order 86 rule 1 (as the case may be).

Application for variation, revocation etc of orders

13

An application for an order under section 130(6) (variation or revocation of time orders), 133(6) (revocation and payment after breach of return orders or transfer orders) or 135(4) (variation of conditional or suspended orders) may be made by summons issued in the same action or proceedings in which the order to be varied or revoked was made.

[ Unfair relationships]

14

• (1) Where a defendant desires [[^f00535] to apply in accordance with section 140B(2)(b) or (c) for an order under section 140B] he shall forthwith file and serve on the other party or parties to the proceedings a notice to that effect.

• (2) If at the time of serving a notice under paragraph (1) the debtor or surety has not entered an appearance in the proceedings, the notice must specify an address for service as if it were a memorandum of appearance.

• (3) After a notice under paragraph (1) has been served in an action begun by writ, judgment in default of appearance or in default of defence shall not be entered except with the leave of the Court.

• (4) An application for leave under paragraph (3) must be made by summons supported by affidavit, and notwithstanding anything in Order 65 rule 9, the summons and a copy of the affidavit must be served on every other party to the proceedings.

• (5) On the hearing of an application for leave under paragraph (3) or of any proceedings in which a notice under paragraph (1) has been filed, the Court may, whether or not the debtor or surety has entered an appearance or appears at the hearing, exercise the powers of the Court under sections [[^f00535] 140A to 140D].

• (6) Where, on an application under paragraph (3), the Court refuses leave to enter judgment on a claim or any part of a claim, it may make or give any such order or direction as it might have made or given if the application had been an application under Order 14 rule 1 or Order 86 rule 1 (as the case may be) for judgment on the claim.

References to the Act and regulations

15

Every process issued under the Act shall be endorsed with a statement identifying the particular provision of the Act and any regulation made thereunder pursuant to which relief is sought.]

[[^f00537] ...]

PART IV — CONVENTION PROCEEDINGS

Introductory

27

• (1) This Part of this Order shall apply to Convention proceedings and, subject to the provisions of this Part, Parts I, III and V of this Order shall apply, with the necessary modifications, to Convention proceedings as they apply to proceedings in the High Court under the 1967 Act or the 1987 Order.

• (2) Any reference in this Part of this Order to the nationality of a person who is not solely a United Kingdom national means that person’s nationality as determined in accordance with section 9 of the 1969 Act.

Originating summons

28

• (1) An applicant for a Convention adoption order shall state in his originating summons that he is applying for a Convention adoption order.

• (2) The originating summons—

• (a) need not contain paragraphs corresponding to paragraph 2, of Form 8 but

• (b) shall contain the additional information required by Part III of Appendix F.

Evidence as to nationality

29

• (1) Any document (or copy of a document) which is to be used for the purpose of satisfying the court as to the nationality of the applicant or of the child shall be attached to the originating summons.

• (2) Where the applicant claims that for the purposes of section 1(2)(a), 4(a) or 5(a) of the 1969 Act he or the child is a national of a Convention country, he shall attach to the originating summons a statement by an expert as to the law of that country relating to nationality applicable to that person.

Statement at hearing

30

The requirement that the conditions in section 1(2), (3) and (4) or (5) of the 1969 Act are satisfied immediately before the order is made may be established by—

• (a) oral evidence at the hearing of an application for a Convention adoption order, or

• (b) a document executed by the applicant containing a statement to that effect attested in accordance with rule 44 and such a statement shall be admissible in evidence without further proof of the signature of the applicant.

Orders

31

Within 7 days after a Convention adoption order has been drawn up, the Master shall by notice to the Registrar General request him to send a copy of the adoption order to the designated authorities of any Convention country—

• (a) of which the child is a national;

• (b) in which the child was born;

• (c) in which the applicant habitually resides; or

• (d) of which the applicant is a national.

Additional provisions for cases where child is not a United Kingdom national

Scope of rules 34 to 37

32

Rules 34 to 37 shall apply to any case where the child is not a United Kingdom national, and in such a case—

• (a) the provisions in Part III of this Order, other than rule 19 (agreement to adoption), and

• (b) paragraphs 9 to 14 of Form 8

shall apply with the necessary modifications to take account of section 1(6)(a) of the 1969 Act.

Evidence as to foreign law relating to consents and consultations

33

The applicant shall file, with his originating summons, a statement by an expert as to the provisions relating to consents and consultations of the internal law relating to adoption of the Convention country of which the child is a national.

Form of consent etc

34

• (1) Any document signifying the consent of a person to, or otherwise containing the opinion of a person on the making of, the Convention adoption order shall be in a form which complies with the internal law relating to adoption of the Convention country of which the child is a national: provided that where the court is not satisfied that a person consents with full understanding of what is involved, it may call for further evidence.

• (2) A document referred to in paragraph (1) shall, if sufficiently witnessed, be admissible as evidence of the consent or opinion contained therein without further proof of the signature of the person by whom it is executed.

• (3) A document referred to in paragraph (1), if executed before the date of the applicant’s originating summons referred to in rule 28(2), shall be attached to that summons.

Notice of hearing

35

• (1) On serving notice of the hearing or notice of presentation on the parties as required under rule 20, the applicant shall also serve notice on any person:—

• (a) whose consent to the making of the order is required, not being an applicant, or

• (b) who, in accordance with the internal law relating to adoption of the Convention country of which the child is a national has to be consulted about, but does not have to consent to, the adoption.

• (2) Any person served or required to be served with notice under this rule shall be treated as if he had been served or was required to be served with notice under rule 20.

Master to receive opinions on adoptions

36

For the purposes of these rules and of section 1(7)(a) of the 1969 Act, the Master is the proper officer of the court to whom any person whose consent is required under, or who is consulted in pursuance of, the internal law relating to adoption of the Convention country of which the child is a national may communicate his consent or other opinion on the adoption.

Proceedings under section 6 of the 1969 Act

Application to annul or revoke adoption

37

• (1) An application for an order under section 6(1) or (2) of the 1969 Act shall be made by originating summons issued out of the office in Form 13; and the person filing the summons shall be described as the applicant and the adopted person and any adopter, not being the applicant, shall be described as a respondent.

• (2) An application under section 6(1) of the 1969 Act shall not, except with the leave of the court, be made later than 2 years after the date of the adoption to which it relates.

Application to declare adoption invalid or determination invalid or affected

38

An application for an order or decision under section 6(3) of the 1969 Act shall be made by originating summons issued out of the Office in Form 14; and the person filing the summons shall be described as the applicant and the adopted person and any adopter, not being the applicant, shall be described as a respondent.

Evidence in support of application

39

• (1) Evidence in support of an application under section 6 of the 1969 Act shall be given by means of an affidavit in Form 15 which shall be filed within 14 days after the issue of the originating summons.

• (2) Where the application is made under section 6(1) or (3) of the 1969 Act there shall be exhibited to the affidavit a statement of the grounds upon which the applicant intends to rely and, subject to rule 45, there shall be filed with the affidavit expert evidence of any provision of foreign law relating to adoption on which the applicant intends to rely,

• (3) The court may order any deponent to give oral evidence concerning the grounds stated in, or exhibited to, his affidavit.

Guardian ad litem

40

Where the adopted person is under the age of 18 on the date on which an application under section 6 of the 1969 Act is made, rules 17 and 18 shall apply to the application as they apply to an application for an adoption order.

Notice of order made under Section 6 etc

41

• (1) Where under section 6 of the 1969 Act the court has ordered that an adoption be annulled or revoked or that an adoption of a determination shall cease to be valid in Northern Ireland, the Master shall serve notice of the order on the Registrar General, and shall state in the notice—

• (a) the date of the adoption;

• (b) the name and address of the authority which granted the adoption; and

• (c) the names of the adopter or adopters and of the adopted person as given in the affidavit referred to in rule 39.

• (2) A notice under paragraph (1) in respect of the annulment or revocation of an adoption shall request the Registrar General to send a copy of the adoption order to the designated authorities of any Convention country—

• (a) in which the adoption was granted;

• (b) of which the adopted person is a national; or

• (c) in which the adopted person was born.

• (3) Where under Article 55(1) the court has ordered that a Convention adoption order be revoked, the notice to the Registrar General under Article 55(4) shall request the Registrar General to send a copy of the adoption order to the designated authorities of any Convention country—

• (a) of which the adopted person is a national; or

• (b) in which the adopted person was born.

SUPPLEMENTARY

Evidence as to specified or notified provisions

42

• (1) Where the applicant seeks to satisfy the court as to any question which has arisen or is likely to arise concerning a provision:—

• (a) of the internal law of the Convention country of which the applicant or any other person is or was a national,

• (b) which has been specified in an order—

• (i) under section 17(8) of the Adoption Act 1976 (a ‘specified provision’), or

• (ii) under section 54(4) of the Adoption Act 1976 (a ‘notified provision’),

expert evidence of the specified or notified provision shall, where practicable, be attached to the originating summons.

• (2) Paragraph (1) shall apply, in the case of a person who is or was a United Kingdom national, for the purposes of a notified provision in respect of a specified country as it applies for the purposes of a notified provision in respect of a Convention country of which a person is or was a national.

Interim order

43

Where the applicant is a national or both applicants are nationals of a Convention country, the court shall take account of any specified provision (as defined in section 1(8) of the 1969 Act) of the internal law of that country before any decision is made to postpone the determination of the application and to make an interim order.

Witness of documents

44

A document shall be sufficiently attested for the purposes of this Part of these rules if it is witnessed by one of the following persons—

• (a) if it is executed in Northern Ireland, the guardian ad litem, a Lay Magistrate, any officer of the Court of Judicature appointed by the Lord Chief Justice in accordance with section 112 of the Judicature (Northern Ireland) Act 1978,

• (b) if it is executed elsewhere, any person specified in rule 7(2), (3) or (4), according to the country in which it is executed.

Service of documents

45

• (1) Any document to be served for the purposes of this Part of this Order may be served out of the jurisdiction without the leave of the court.

• (2) Any document served out of the jurisdiction in a country in which English is not an official language shall be accompanied by a translation of the document in the official language of the country in which service is to be effected or, if there is more than one official language of the country, in any one of those languages which is appropriate to the place in that country where service is to be effected.

Translation of documents

46

Where a translation of any document is required for the purposes of Convention proceedings, the translation shall, unless otherwise directed, be provided by the applicant.

1

• (1) In this Order unless the context otherwise requires—

• “the 2008 Act” means the Human Fertilisation and Embryology Act 2008[^f00540] 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[^f00541] as applied with modifications by the Parental Orders Regulations and expressions which are defined in the 1987 Order have the same meaning as in that Order;

• “the Parental Orders Regulations” means the Human Fertilisation and Embryology (Parental Orders) Regulations 2010[^f00542];

• reference to a Form by number is reference to the Form as numbered in Appendix H;

• “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;

• “the Office” means the Office of Care and Protection and the Master means “the Master” (Care and Protection).]

Proceedings

2

Any hearing of an application under the [[^f00543] 2008] Act or the 1987 Order shall be dealt with in chambers unless the court otherwise directs.

Commencement of proceedings

3

• (1) An application for a parental order shall be made by originating summons in Form 1 issued out of the Office.

• (2) The applicants shall be [[^f00543] 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 applicants 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 summons.

• (4) On filing the originating summons the applicants shall pay the appropriate fee and supply three copies of the originating summons together with any other documents required to be supplied.

Appointment of guardian ad litem

4

• (1) As soon as practicable after the originating summons has been filed, the Master shall appoint a guardian ad litem of the child and shall send to him a copy of the originating summons together with any documents attached thereto.

• (2) The guardian ad litem shall be an officer of a Board or of an HSS trust or a person employed by such other organisation as the Department may approve.

Duties of guardian ad litem

5

• (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 [[^f00544] section 54(1) to (8) of the 2008 Act];

• (b) so far as he considers necessary, investigate any matter contained in the originating summons or other matter which appears relevant to the making of a parental order;

• (c) on completing his investigations 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 so notify the applicants that he has done so;

• (d) 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.

• (2) 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 Master shall notify the applicants.

• (3) The guardian ad litem shall attend any hearing of the application if so required by the court.

• (4) Any report made to the court under this rule shall be confidential.

Agreement

6

• (1) Any document signifying the agreement of the birth parents to the making of a parental order shall be in Form 2 and shall, if executed in Northern Ireland, be witnessed by a Lay Magistrate.

• (2) If the document is executed outside Northern Ireland it shall be witnessed by one of the persons specified in rule 7(2), (3) or (4) of Order 84, according to the country in which it is executed.

• (3) If the document is executed before the commencement of proceedings, it shall be filed with the originating summons.

Notice of hearing

7

• (1) Within 14 days of being notified by the guardian ad litem that he has made his report to the court, the applicants shall apply to the Master to fix a date for the hearing of the application.

• (2) On an application under paragraph (1) the Master shall fix a date and time for the hearing and shall take account of any directions given under paragraph (6).

• (3) The Master shall inform the applicants and the guardian ad litem of the date and time fixed for hearing and the applicants shall serve notice of the hearing in Form 3 on all the parties and any Board, HSS trust or voluntary organisation which has at any time provided accommodation for the child.

• (4) If the applicants have no solicitor acting for them the Notice in Form 3 shall be signed by the Master.

• (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 Master written notice of his intention to object in Form 4.

• (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

8

• (1) Where the Master receives notice of objection under rule 7(5) he shall notify the judge, the applicants (or their solicitor) and the guardian ad litem, and the judge shall give such directions as appear appropriate.

• (2) The judge may direct that the person who served such 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 the objection made by him or his legal representative on his behalf give such directions or make such orders as appear just.

The hearing

9

• (1) Subject to any directions given under rule 8(2) on the hearing of the summons, any person served with a Notice of Hearing under rule 7(3) may attend and be heard on the question whether a parental order should be made.

• (2) Any member or employee of a Board, HSS trust or other body may address the court if he is duly authorised in that behalf.

• (3) The judge shall not make a parental order except after the personal attendance before him of the applicants.

• (4) If there are special circumstances which appear to the court to make the attendance of any other party desirable, the court may direct that that party shall attend.

Proof of identity of child, etc.

10

Where the child who is the subject of the proceedings is identified in the originating summons 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

11

• (1) A parental order shall be made in Form 5.

• (2) Within 7 days of the making of the parental order the Master shall send a copy of the order to the Registrar General.

• (3) Where a parental order is made or refused the Master shall serve notice to that effect on every respondent.

• (4) A copy of a parental order may be supplied to the applicants.

• (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

12

• (1) An application under Article 28(1) or 30(1) or (2) of the 1987 Order shall be made by sending a notice of application in Form 6 to the Master.

• (2) Subject to paragraph (4), the Master shall serve a copy of the notice of application, together with a notice of the date of hearing on the parties to the proceedings for a parental order, on any guardian ad litem who has been 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 Master.

• (4) The Master 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 Master shall serve notice of the effect of the determination on all parties.

Application for amendment of orders and revocation of directions

13

• (1) An application 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, may be made ex parte in the first instance, but the court may require notice of the application to be served on such persons as it thinks fit.

• (2) Where the application referred to in paragraph (1) is granted, the Master shall send to the Registrar General a notice specifying the amendments or informing him of the revocation and shall give sufficient particulars of the order to enable the Registrar General to identify the case.

Service of documents

14

The person effecting service of any document under this Order shall make, sign and file a certificate showing the date, place and mode of service. If he has failed to effect service of any document, he shall make, sign and file a certificate of non-service showing the reason why service has not been effected.

Costs

15

On the determination of proceedings to which this Order applies, the judge may make such order as to the costs as he thinks just and, in particular, may order the applicants to pay—

• (a) the expenses incurred by the guardian ad litem,

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

Custody, inspection and disclosure of documents and information

16

• (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 purposes of the hearing, that part of such report as refers to him, subject to any direction 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 parental orders and related matters, for the purpose of the discharge of its duties in that behalf; or

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

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

Interpretation

1

In this Order “administration action” means an action for the administration under the direction of the Court of the estate of a deceased person or for the execution under the direction of the Court of a trust.

Determination of questions, etc., without administration

2

• (1) An action may be brought for the determination of any question or for any relief which could be determined or granted, as the case may be, in an administration action and a claim need not be made in the action for the administration or execution under the direction of the Court of the estate or trust in connection with which the question arises or the relief is sought.

• (2) Without prejudice to the generality of paragraph (1), an action may be brought for the determination of any of the following questions:—

• (a) any question arising in the administration of the estate of a deceased person or in the execution of a trust;

• (b) any question as to the composition of any class of persons having a claim against the estate of a deceased person or a beneficial interest in the estate of such a person or in any property subject to a trust;

• (c) any question as to the rights or interests of a person claiming to be a creditor of the estate of a deceased person or to be entitled under a will or on the intestacy of a deceased person or to be beneficially entitled under a trust.

• (3) Without prejudice to the generality of paragraph (1), an action may be brought for any of the following reliefs:—

• (a) an order requiring an executor, administrator or trustee to furnish and, if necessary, verify accounts;

• (b) an order requiring the payment into court of money held by a person in his capacity as executor, administrator or trustee;

• (c) an order directing a person to do or abstain from doing a particular act in his capacity as executor, administrator or trustee;

• (d) an order approving any sale, purchase, compromise or other transaction by a person in his capacity as executor, administrator or trustee;

• (e) an order directing any act to be done in the administration of the estate of a deceased person or in the execution of a trust which the Court could order to be done if the estate or trust were being administered or executed, as the case may be, under the direction of the Court.

Parties

3

• (1) All the executors or administrators of the estate or trustees of the trust, as the case may be, to which an administration action or such an action as is referred to in rule 2 relates must be parties to the action, and where the action is brought by executors, administrators or trustees, any of them who does not consent to being joined as a plaintiff must be made a defendant.

• (2) Notwithstanding anything in Order 15, rule 4(2), and without prejudice to the powers of the Court under that Order, all the persons having a beneficial interest in or claim against the estate or having a beneficial interest under the trust, as the case may be, to which such an action as is mentioned in paragraph (1) relates need not be parties to the action; but the plaintiff may make such of those persons, whether all or any one or more of them, parties as, having regard to the nature of the relief or remedy claimed in the action, he thinks fit.

• (3) Where, in proceedings under a judgment or order given or made in an action for the administration under the direction of the Court of the estate of a deceased person, a claim in respect of a debt or other liability is made against the estate by a person not a party to the action, no party other than the executors or administrators of the estate shall be entitled to appear in any proceedings relating to that claim without the leave of the Court, and the Court may direct or allow any other party to appear either in addition to, or in substitution for, the executors or administrators on such terms as to costs or otherwise as it thinks fit.

Grant of relief in action begun by originating summons

4

In an administration action or such an action as is referred to in rule 2, the Court may make any certificate or order and grant any relief to which the plaintiff may be entitled by reason of any breach of trust, wilful default or other misconduct of the defendant notwithstanding that the action was begun by originating summons, but the foregoing provision is without prejudice to the power of the Court to make an order under Order 28, rule 8, in relation to the action.

Judgments and orders in administration actions

5

• (1) A judgment or order for the administration or execution under the direction of the Court of an estate or trust need not be given or made unless in the opinion of the court the questions at issue between the parties cannot properly be determined otherwise than under such a judgment or order.

• (2) Where an administration action is brought by a creditor of the estate of a deceased person or by a person claiming to be entitled under a will or on the intestacy of a deceased person or to be beneficially entitled under a trust, and the plaintiff alleges that no or insufficient accounts have been furnished by the executors, administrators or trustees, as the case may be, then, without prejudice to its other powers, the Court may—

• (a) order that proceedings in the action be stayed for a period specified in the order and that the executors, administrators or trustees, as the case may be, shall within that period furnish the plaintiff with proper accounts;

• (b) if necessary to prevent proceedings by other creditors or by other persons claiming to be entitled as aforesaid, give judgment or make an order for the administration of the estate to which the action relates and include therein an order that no proceedings are to be taken under the judgment or order, or under any particular account or inquiry directed, without the leave of the judge in person.

Conduct of sale of trust property

6

Where in an administration action an order is made for the sale of any property vested in executors, administrators or trustees, those executors, administrators or trustees, as the case may be, shall have the conduct of the sale unless the Court otherwise directs.

Application by plaintiff for summary judgment

1

• (1) In any action in the Chancery Division begun by writ indorsed with a claim—

• (a) for specific performance of an agreement (whether in writing or not) for the sale, [[^f00545] purchase, exchange, mortgage or charge] of any property, or for the grant or assignment of a lease of any property, with or without an alternative claim for damages, or

• (b) for recission of such an agreement, or

• (c) for the forfeiture or return of any deposit made under such an agreement,

the plaintiff may, on the ground that the defendant has no defence to the action, apply to the Court for judgment.

• (2) An application may be made against a defendant under this rule whether or not he has entered an appearance in the action.

Manner in which application under rule 1 must be made

2

• (1) An application under rule 1 shall be made by summons supported by an affidavit verifying the facts on which the cause of action is based and stating that in the deponent’s belief there is no defence to the action.

[[^f00546] . . .]

• (2) The summons must set out or have attached thereto minutes of the judgment sought by the plaintiff.

• (3) The summons, a copy of the affidavit in support and of any exhibit referred to therein must be served on the defendant not less than 4 clear days before the return day.

Judgment for plaintiff

3

Unless on the hearing of an application under rule 1 either the Court dismisses the application or the defendant satisfies the Court that there is an issue or question in dispute which ought to be tried or that there ought for some other reason to be a trial of the action, the Court may give judgment for the plaintiff in the action.

Leave to defend

4

• (1) A defendant may show cause against an application under rule 1 by affidavit or otherwise to the satisfaction of the Court.

• (2) The court may give a defendant against whom such an application is made leave to defend the action either unconditionally or on such terms as to giving security or time or mode of trial or otherwise as it thinks fit.

• (3) On the hearing of such an application the Court may order a defendant showing cause or, where that defendant is a body corporate, any director, manager, secretary or other similar officer thereof, or any person purporting to act in such capacity—

• (a) to produce any document;

• (b) if it appears to the court that there are special circumstances which make it desirable that he should do so, to attend and be examined on oath.

Directions

5

Where the Court orders that a defendant have leave to defend the action, the Court shall give directions as to the further conduct of the action.

Costs

6

If the plaintiff makes an application under rule 1 where the case is not within this Order, or if it appears to the Court that the plaintiff knew that the defendant relied on a contention which would entitle him to unconventional leave to defend, then, without prejudice to Order 62, and, in particular, to rule 4(1) thereof, the Court may dismiss the application with costs and may, if the plaintiff is not an assisted person, require the costs to be paid by him forthwith.

Setting aside judgment

7

Any judgment given against a defendant who does not appear at the hearing of an application under rule 1 may be set aside or varied by the Court on such terms as it thinks just.

Receiver’s register

1

Every receiver appointed by the Court in an action to enforce registered debentures or registered debenture stock shall, if so directed by the Court, keep a register of transfers of, and other transmissions of title to, such debentures or stock (in this Order referred to as “the receiver’s register”).

Registration of transfers, etc.

2

• (1) Where a receiver is required by rule 1 to keep a receiver’s register, then, on the application of any person entitled to any debenture or debenture stock by virtue of any transfer or other transmission of title, and on production of such evidence of identity and title as to the receiver may reasonably require, the receiver shall, subject to the following provisions of this rule, register the transfer or other transmission of title in that register.

• (2) Before registering a transfer the receiver must, unless the due execution of the transfer is proved by affidavit, send by post to the registered holder of the debentures of debenture stock transferred at his registered address a notice stating—

• (a) that an application for the registration of the transfer has been made, and

• (b) that the transfer will be registered unless within the period specified in the notice the holder informs the receiver that he objects to the registration,

and no transfer shall be registered until the period so specified has elapsed.

The period to be specified in the notice shall in no case be less than 7 days after a reply from the registered holder would in the ordinary course of post reach the receiver if the holder had replied to the notice on the day following the day when in the ordinary course of post the notice would have been delivered at the place to which it was addressed.

• (3) On registering a transfer or other transmission of title under this rule the receiver must indorse a memorandum thereof on the debenture or certificate of debenture stock, as the case may be, transferred or transmitted, containing a reference to the action and to the order appointing him receiver.

Application for rectification of receiver’s register

3

• (1) Any person aggrieved by any thing done or omission made by a receiver under rule 2 may apply to the Court for rectification of the receiver’s register, the application to be made by summons in the action in which the receiver was appointed.

• (2) The summons shall in the first instance be served only on the plaintiff or other party having the conduct of the action but the Court may direct the summons or notice of the application to be served on any other person appearing to be interested.

• (3) The Court hearing an application under this rule may decide any question relating to the title of any person who is party to the application to have his name entered in or omitted from the receiver’s register and generally may decide any question necessary or expedient to be decided for the rectification of that register.

Receiver’s register evidence of transfers, etc.

4

Any entry made in the receiver’s register, if verified by an affidavit made by the receiver or by such other person as the court may direct, shall in all proceedings in the action in which the receiver was appointed be evidence of the transfer or transmission of title to which the entry relates and, in particular, shall be accepted as evidence thereof for the purpose of any distribution of assets, notwithstanding that the transfer or transmission has taken place after the making of a certificate in the action certifying the holders of the debentures or debenture stock certificates.

Proof of title of holder of bearer debenture, etc.

5

• (1) This rule applies in relation to an action to enforce bearer debentures or to enforce debenture stock in respect of which the company has issued debenture stock bearer certificates.

• (2) Notwithstanding that judgment has been given in the action and that a certificate has been made therein certifying the holders of such debentures or certificates as are referred to in paragraph (1), the title of any person claiming to be such a holder shall (in the absence of notice of any defect in the title) be sufficiently proved by the production of the debenture or debenture stock certificate, as the case may be, together with a certificate of identification signed by the person producing the debenture or certificate identifying the debenture or certificate produced and certifying the person (giving his name and address) who is the holder thereof.

• (3) Where such a debenture or certificate as is referred to in paragraph (1) is produced in the Chancery Office, the solicitor of the plaintiff in the action must cause to be indorsed thereon a notice stating—

• (a) that the person whose name and address is specified in the notice (being the person named as the holder of the debenture or certificate in the certificate of identification produced under paragraph (2)) has been recorded in the Chancery Office as the holder of the debenture or debenture stock certificate, as the case may be, and

• (b) that that person will, on producing the debenture or debenture stock certificate, as the case may be, be entitled to receive payment of any dividend in respect of that debenture or stock unless before payment a new holder proves his title in accordance with paragraph (2), and

• (c) that if a new holder neglects to prove his title as aforesaid he may incur additional delay, trouble and expense in obtaining payment.

• (4) The solicitor of the plaintiff in the action must preserve any certificates of identification produced under paragraph (2) and must keep a record of the debentures and debenture stock certificates so produced and of the names and addresses of the persons producing them and of the holders thereof, and, if the Court requires it, must verify the record by affidavit.

Requirements in connection with payments

6

• (1) Where an action to enforce any debentures or debenture stock an order is made for payment in respect of the debentures or stock, the Accountant General shall not make a payment in respect of any such debenture or stock unless either there is produced to him the certificate for which paragraph (2) provides or the Court has in the case in question for special reason dispensed with the need for the certificate and directed payment to be made without it.

• (2) For the purpose of obtaining any such payment the debenture or debenture stock certificate must be produced to the solicitor of the plaintiff in the action or to such other person as the Court may direct, and that solicitor or other person must indorse thereon a memorandum of payment and must make and sign a certificate certifying that the statement set out in the certificate has been indorsed on the debenture or debenture stock certificate, as the case may be, and send the certificate to the Accountant General.

Application and interpretation

1

• (1) This Order applies to any action (whether begun by writ or originating summons) by a mortgagee or a mortgagor or by any person having the right to foreclose or redeem any mortgage, being an action in which there is a claim for any of the following reliefs, namely—

• (a) payment of moneys secured by the mortgage,

• (b) sale of the mortgaged property,

• (c) foreclosure,

• (d) delivery of possession to the mortgagee by the mortgagor or by any other person who is or is alleged to be in possession of the property,

• (e) redemption,

• (f) reconveyance of the property or its release from the security,

• (g) delivery of possession by the mortgagee.

• (h) [^f00547] an enforcement order or a time order where a regulated agreement is secured by a mortgage.]

• (2) [^f00548] In this Order—

• “the Act of 1974” means the Consumer Credit Act 1974[^f00549];

• “enforcement order”, “time order” and “regulated agreement” have the same meaning as in section 189(1) of the Act of 1974; and

• “mortgage” includes a legal and an equitable mortgage and a legal and an equitable charge, and references to a mortgagor, a mortgagee and mortgaged property shall be construed accordingly.]

• (3) An action to which this Order applies is referred to in this Order as a mortgage action.

• (4) These Rules apply to a mortgage action subject to the following provisions of this Order.

Assignment of certain actions to Chancery Division

2

Without prejudice to Order 1, rule 10, any action in which there is a claim for—

• (a) payment of moneys secured by a mortgage of any real or leasehold property, [[^f00550] ...]

• (b) delivery of possession to the mortgagee of any such property by the mortgagor or by any other person who is alleged to be in possession of the property, [[^f00551] or]

• (c) [^f00552] an enforcement order or a time order where a regulated agreement is secured by a mortgage of any such property]

shall be assigned to the Chancery Division.

Commencement of action

3

The writ or originating summons by which a mortgage action is begun shall be indorsed with or contain a statement showing—

• (a) [^f00553] where the mortgaged property is situated including its postal address (if any); and]

• (b) if the plaintiff claims possession of the mortgaged property, whether the property consists of or includes a dwelling house and, if so, whether the dwelling house is one to which [[^f00554] Part III of] the Rent (Northern Ireland) Order 1978[^f00555] applies.