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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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articles 1

Reform history JSON API

(3) If any action or counterclaim for the infringement of a patent or any petition for revocation of a patent under section 32 of the Patents Act 1949 or any counterclaim for the revocation of a patent under section 61 of that Act, proceeds to trial, no costs shall be allowed to the parties serving any particulars of breaches or particulars of objection in respect of any issues raised in those particulars and relating to that patent except in so far as those issues or particulars have been certified by the Court to have been proven or to have been reasonable and proper.

[E. App. 2 Part X para. 4]

Certificate of Court to be taken into account

5

Where on any heating in chambers in the Chancery Division the Court certifies that the speedy and satisfactory disposal of the proceedings required and received from the solicitor engaged in them exceptional skill and labour in the preparation for the hearing, the Taxing Master in taxing the costs to be allowed for instructions in relation to the summons or application shall take the certificate into account.

[E. App. 2 Part X para. 5]

Copies of documents

6

(1) There shall be allowed for printing copies of any document the amount properly paid to the printer; and where any part of a document is properly printed in a foreign language or as a facsimile or in any unusual or special manner, or where any alteration becomes necessary after the first proof of the document, there shall be allowed such an amount as the Taxing Master thinks reasonable, such amount to include any attendances on the printer.

(2) The solicitor for a party entitled to take printed copies of any documents shall be allowed the amount he pays for such number of copies as he necessarily or properly takes.

(3) The allowances under this Appendix for preparing any writ, pleading, summons, affidavit or other document shall be taken to include an allowance—

(a) for preparing any necessary copies up to four in number but in reckoning such number no account shall be taken of brief copies or copies for the client;

(b) for drawing, engrossing and completing and attendance on the client or other person to sign, execute or deliver;

[E. App. 2 Part X para. 7]

Allowances to expert witnesses

7

The allowances which may be made to expert witnesses shall include—

(a) a fee for attending at and time spent travelling to and from Court;

(b) travelling and subsistence expenses necessarily incurred;

(d) a reasonable fee for attending at one pre-trial consultation held after the close of pleadings and prior to the day of the hearing or trial provided—

(i) that the case is one which having regard to the amount recovered or paid in settlement, or the relief awarded, could not have been brought in the county court or a judge has certified that it was fit to be tried in the High Court, and

(ii) that the senior or only counsel has certified that such attendance was necessary.

Uncompleted work

8

Where for any reason all the work contemplated by any of the items in this Appendix has not been completed an appropriate proportionate allowance shall be made.

APPENDIX 3 — FIXED COSTS

PART 1 — COSTS ON RECOVERY OF A LIQUIDATED SUM WITHOUT TRIAL

1

The scale of costs following paragraph 2 of this Part of this Appendix shall apply in relation to the following cases if the writ of summons therein was issued on or after 1st January 1981 and was indorsed in accordance with Order 6, rule 2(1)(b), with a claim for a debt or liquidated demand only of £350 upwards, that is to say—

(a) cases in which the defendant pays the amount claimed or a sum of not less than £350 within the time and in the manner required by the indorsement of the writ;

(b) cases in which the plaintiff obtains judgment in default of appearance under Order 13, rule 1, or under that rule by virtue of Order 83, rule 4, or judgment in default of defence under Order 19, rule 2, being in any case judgment for a sum of £350 or upwards;

(c) cases in which the plaintiff obtains judgment under Order 14, for a sum of £350 or upwards; either unconditionally or unless that sum is paid into court or to the plaintiff's solicitors.

2

There shall be added to the basic costs set out in the said scale—

(i) if the amount recovered is less than £1,200, the fee payable on an ordinary civil bill process in the county court for that amount, and

(ii) in any other case the fee paid on the issue of the writ and, where applicable, on the final judgment.

		Amount to be allowed in cases under the following sub-paragraphs of paragraph 1 of this Appendix	Amount to be allowed in cases under the following sub-paragraphs of paragraph 1 of this Appendix	Amount to be allowed in cases under the following sub-paragraphs of paragraph 1 of this Appendix
		(a)	(b)	(c)
		£ p	£ p	£ p
If the amount recovered is :—	If the amount recovered is :—
	not less than £350 but less than £1,000
	(i) where the writ was served by post	9.25	12.25	15.25
	(ii) where the writ was served on the defendant personally	10·00	13·00	16·00
	not less than £1,000 but less than £1,200
	(i) where the writ was served by post	13.40	18.40	24.40
	(ii) where the writ was served on the defendant personally	15.00	20.00	26.00
	not less than £1,200	17.25	27.50	40.85
		Amount to be allowed where the amount recovered is—	Amount to be allowed where the amount recovered is—
		(i)	(ii)
		not less than £350 but less than £1,200	not less than £1,200
		£ p	£ p
(1) Where there is more than one defendant, in respect of each additional defendant served	(1) Where there is more than one defendant, in respect of each additional defendant served	1·00	2·05
(2) Where substituted service is ordered and effected, in respect of each defendant served	(2) Where substituted service is ordered and effected, in respect of each defendant served	3·50	7·75
(3) Where the plaintiff's solicitor has no place of business within 5 miles of the Royal Courts of Justice, or where he has a place of business within that area but any defendant is served outside that area	(3) Where the plaintiff's solicitor has no place of business within 5 miles of the Royal Courts of Justice, or where he has a place of business within that area but any defendant is served outside that area	1·00	2·05
(4) Where service outside the jurisdiction is ordered and effected, in the case of service—	(4) Where service outside the jurisdiction is ordered and effected, in the case of service—
	(a) in England and Wales, Scotland, the Isle of Man or the Channel Islands	8·00	11·15
	(b) in any other place out of the jurisdiction	12·00	17·20
(5) In the case of judgment in default of defence or judgment under Order 14, where notice of appearance is not given on the day on which appearance is entered, and the plaintiff makes an affidavit of service for the purpose of a judgment in default of appearance (the allowance to include the service)	(5) In the case of judgment in default of defence or judgment under Order 14, where notice of appearance is not given on the day on which appearance is entered, and the plaintiff makes an affidavit of service for the purpose of a judgment in default of appearance (the allowance to include the service)	1·25	3·40
(6) In the case of judgment under Order 14 where an affidavit of service of the summons is required	(6) In the case of judgment under Order 14 where an affidavit of service of the summons is required	1·25	3·40
(7) In the case of judgment under Order 14 for each adjournment of the summons	(7) In the case of judgment under Order 14 for each adjournment of the summons	1·25	2·05
	Costs to be allowed
£ p
(8) Where the amount recovered is not less than £1,200 and there is no available solicitor carrying on business within 2 miles of the place where the defendant is served, a mileage allowance in respect of each mile after the first two miles between that place and the nearest place of business of an available solicitor	0·15

PART 2 — COSTS ON JUDGMENT WITHOUT TRIAL FOR POSSESSION OF LAND

1

(1) Where the writ of summons is indorsed with a claim for the possession of land and the plaintiff obtains judgment—

(a) under Order 13, rule 4 or 5, in default of appearance, or

(b) under Order 19, rule 5 or 6, in default of defence, or

for possession of the land and costs, then, subject to sub-paragraph (2), there shall be allowed the costs prescribed by paragraph 2 of this Part of this Appendix.

(2) Where the plaintiff is also entitled under the judgment to damages to be assessed, or where the plaintiff claims any relief of the nature specified in Order 88, rule 1, this Part of this Appendix shall not apply.

2

The costs to be allowed under this Part of this Appendix shall be the costs which would be allowed under Part I (together with the fee paid on the writ) if judgment had been obtained in the same circumstances, that is to say, in default of appearance or defence or under Order 14, but the writ has been indorsed with a claim for a debt or liquidated demand only of £350 or upwards and judgment for not less than £350 but less than £1,200 had been obtained.

PART 3 — MISCELLANEOUS

1

Where a plaintiff or defendant signs judgment for costs under rule 10, there shall be allowed—

Costs of the judgment	£2·15

2

Where a certificate of a judgment or decree is registered in the High Court in the Register for English Judgments or the Register for Scottish Judgments under the Judgments Extension Act 1868, within 12 months of the date of the judgment and without an order, there shall be allowed—

Costs of registration	£9·45

3

Where proceedings are taken pursuant to Order 111, there shall be marked on the judgment summons in respect of the cost thereof £5·00

[E. App. 3]

APPENDIX 4 — NON-CONTENTIOUS PROBATE COSTS

1

For work done in respect of business to which the provisions of this Appendix apply a solicitor shall be entitled to charge and be paid such sums as may be fair and reasonable having regard to, all the circumstances of the case and in particular to—

(1) the complexity of the matter or the difficulty or novelty of the questions raised;

(2) the skill, labour; specialised knowledge and responsibility involved on the, part, of the solicitor;

(3) the number and importance of the documents prepared or perused, without regard to length;

(4) the place where and circumstances in which the business or any part thereof is transacted;

(5) the time expended by the solicitor;

(6) the nature and value of the property involved;

(7) the importance of the matter to the client.

2

The provisions of this Appendix apply to all non-contentious or common form probate business for which instructions are accepted on or after 1st January 1981.

APPENDIX 5 FORM 1

FORM OF APPLICATION FOR TAXATION OF A BILL OF COSTS ALREADY DELIVERED

(rule 12(4))

FORM 2

FORM OF APPLICATION FOR DELIVERY OF A BILL OF COSTS AND FOR TAXATION OF A BILL OF COSTS SO DELIVERED

(rule 12(4))

JUDICIAL REVIEW, APPEALS ETC.

ORDER 53 — APPLICATIONS FOR JUDICIAL REVIEW

[No Order made]

[ ORDER 53A — APPLICATIONS FOR STATUTORY REVIEW UNDER SECTION 103A OF THE NATIONALITY, IMMIGRATION AND ASYLUM ACT 2002

Sittings of Supreme Court

1

The sittings of the Court of Appeal and of the High Court shall be three in every year, that is to say—

(a) the Michaelmas sittings which shall begin on 5th September and end on 21st December, subject to a recess from the Monday which falls on or nearest to 31st October to the following Friday, both days included;

(b) the Hilary sittings which shall begin on 6th January and end on the Friday before Good Friday; and

[E.r. 1]

Vacation Judge

2

(1) A judge of the High Court or Court of Appeal, selected each year in accordance with this rule, shall be available during every vacation to act as Vacation Judge.

(2) The judge selected shall act as Vacation Judge for one year beginning with the 1st day of July next following the date of his selection.

(3) Unless the judges otherwise arrange between themselves, the Vacation Judge shall be selected in rotation, commencing with the judge last appointed who has not already served as Vacation Judge and ending with the judge who has most recently so served.

(4) Any other judge of the High Court or Court of Appeal may sit in vacation for the Vacation Judge.

[E.r. 2]

Sittings and powers of Vacation Judge

3

(1) The Vacation Judge shall sit in vacation as occasion may require.

(2) No order made by the Vacation Judge or a judge acting as such shall (except on consent) be reversed or varied except by the judge who made the order, a court of two or more judges or the Court of Appeal.

[E.r. 3]

Hearing of applications, etc. in vacation

4

(1) All such applications as require to be immediately or promptly heard shall be heard in vacation by the Vacation Judge, a court of two or more judges or the Court of Appeal, as may be necessary.

(2) Any party to a cause or matter may at any time apply by summons to a judge for an order that the cause or matter shall be tried or heard during vacation, and if the judge is satisfied that there is urgent need for the trial or hearing to take place in vacation he may make an order accordingly and fix a date for the trial or hearing.

[E.r. 4]

Supreme Court Offices days on which open and office hours

5

(1) The offices of the Supreme Court shall be open on every day of the year except—

(a) Saturdays and Sundays,

(b) Good Friday and the day after Easter Monday,

(i) if that day is a Saturday, then 23rd December,

(ii) if that day is a Sunday or Tuesday, then 27th December,

(d) Christmas Day, and, if that day is a Friday or Saturday, then 28th December,

(e) Bank Holidays in Northern Ireland under the Banking and Financial Dealings Act 1971[^f00065], and

(f) such other days as the Lord Chancellor, with the concurrence of the Lord Chief Justice, may direct.

(2) The hours during which any office of the Supreme Court shall be open to the public shall be such as the Lord Chancellor, with the concurrence of the Lord Chief Justice, may from time to time direct.

[E.r. 7]

ORDER 54 — APPLICATIONS FOR WRIT OF HABEAS CORPUS

When personal service required

1

(1) Any document which by virtue of these Rules is required to be served on any person need not be served, personally unless the document is one which by an express provision of these Rules or by order of the Court is required to be so served.

(2) Paragraph (1) shall not affect the power of the Court under any provision of these Rules to dispense with the requirement for personal service.

[E.r. 1]

Personal service : how effected

2

Personal service of a document is effected by leaving a copy of the document with the person to be served.

[E.r. 2]

Service on body corporate

3

(1) Personal service of a document on a body corporate may, in cases for which provision is not otherwise made by any statutory provision, be effected by serving it in accordance with rule 2 on the mayor, chairman or president of the body, or the town clerk, clerk, secretary, treasurer or other similar officer thereof.

(2) Where a writ is served on a body corporate in accordance with Order 10, rule 1(2), that rule shall have effect as if for the reference to the usual or last known address of the defendant there were substituted a reference to the registered or principal office of the body corporate.

[E.r. 3]

Substituted service

4

(1) If, in the case of any document which by virtue of any provision of these Rules is required to be served personally or is a document to which Order 10, rule 1 applies, it appears to the Court that it is impracticable for any reason to serve that document in the manner prescribed, the Court may make an order for substituted service of that document.

(2) An application for an order for substituted service may be made by an affidavit stating the facts on which the application is founded.

(3) Substituted service of a document, in relation to which an order is made under this rule, is effected by taking such steps as the Court may direct to bring the document to the notice of the person to be served.

[E.r. 4]

Ordinary service : how effected

5

(1) Service of any document, not being a document which by virtue of any provision of these Rules is required to be served personally, of a document to which Order 10, rule 1, applies may be effected—

(a) by leaving the document at the proper address of the person to be served, or

(b) by post, or

(2) For the purposes of this rule, and of section 7 of the Interpretation Act 1978[^f00066], in its application to this rule, the proper address of any person on whom a document is to be served in accordance with this rule shall be the address for service of that person, but if at the time when service is effected that person had no address for service his proper address for the purposes aforesaid shall be—

(a) in any case, the business address of the solicitor (if any) who is acting for him in the proceedings in connection with which service of the document in question is to be effected, or

(b) in the case of an individual, his usual or last known address, or

(c) in the case of individuals who are suing or being sued in the name of a firm, the principal or last known place of business of the firm within the jurisdiction, or

(d) in the case of a body corporate, the registered or principal office of the body.

(3) Nothing in this rule shall be taken as prohibiting the personal service of any document or as affecting any statutory provision which provides for the manner in which documents may be served on bodies corporate.

[E.r. 5]

Service on Minister, etc., in proceedings which are not by or against the Crown

6

Where for the purpose of or in connection with any proceedings in the Supreme Court, not being civil proceedings by or against the Crown within the meaning of Part II of the Crown Proceedings Act 1947[^f00067], any document is required by any statutory provision or these Rules to be served on the Minister or Head of a government department which is an authorised department for the purposes of that Act, or on such a department or on the Attorney General, section 18 of the said Act of 1947 and Order 77, rule 4, shall apply in relation to the service of the document as they apply in relation to the service of documents required to be served on the Crown for the purpose of or in connection with any civil proceedings by or against the Crown.

[E.r. 6]

Effect of service after certain hours

7

Any document (other than a writ of summons or other originating process) service of which is effected under rule 2 or under rule 5(1)(a) after twelve noon on a Saturday or after four in the afternoon on any other weekday shall, for the purpose of computing any period of time after service of that document, be deemed to have been served on the Monday following that Saturday or on the day following that other weekday, as the case may be.

[E.r. 7]

Affidavit of service

8

Except as provided in Order 10, rule 1(3)(b) and Order 81, rule 3(2)(b) an affidavit of service of any document must state by whom the document was served, the day of the week and date on which it was served, where it was served and how.

[E.r. 8]

No service required in certain cases

9

Where by virtue of these Rules any document is required to be served on any person but is not required to be served personally or in accordance with Order 10, Rule 1(2) and at the time when service is to be effected that person is in default as to entry of appearance or has no address for service the document need not be served on that person unless the Court otherwise directs or any of these Rules otherwise provides.

[E.r. 9]

ORDER 55 — APPEALS TO THE HIGH COURT (OTHER THAN CASES STATED)

Quality and size of paper

1

(1) Unless the nature of the document renders it impracticable, every document prepared by a party for use in the Supreme Court must be on paper of durable quality, approximately 297mm long, by 210mm wide or A4ISO having a margin, not less than 38mm wide, to be left blank on the left side of the face of the paper and on the right side of the reverse.

(2) In these Rules the expressions “A3”, “A4” and “A5” followed by the letters “ISO” mean respectively the size of paper so referred to in the specifications of the International Standards Organisation.

[E.r. 1]

Regulations as to printing, etc.

2

(1) Except where these Rules otherwise provide, every document prepared by a party for use in the Supreme Court must be produced by one of the following means, that is to say, printing, writing (which must be clear and legible) and typewriting otherwise than by means of a carbon, and may be produced partly by one of those means and partly by another or others of them.

(2) For the purposes of these rules a document shall be deemed to be printed if it is produced by type lithography or stencil duplicating.

(3) Any type used in producing a document for use as aforesaid must be such as to give a clear and legible impression and must be not smaller than 11point type for printing or elite type for type lithography, stencil duplicating or typewriting.

(4) Any document produced by a photographic or similar process giving a positive and permanent representation free from blemishes shall, to the extent that it contains a facsimile of any printed, written or typewritten matter, be treated for the purposes of these rules as if it were printed, written or typewritten, as the case may be.

(5) Any notice required by these Rules may not be given orally except with the leave of the Court.

[E.r. 2]

Copies of documents for other party

3

(1) Where a document prepared by a party for use in the Supreme Court is printed the party by whom it was prepared must, on receiving a written request from any other party entitled to a copy of that document and on payment of the proper charges, supply him with such number of copies thereof, not exceeding ten, as may be specified in the request.

(2) Where a document prepared by a party for use in the Supreme Court is written or typewritten, the party by whom it was prepared must supply any other party entitled to a copy of it, not being a party on whom it has been served, with one copy of it and, where the document in question is an affidavit, of any document exhibited to it.

The copy must be ready for delivery within 48 hours after a written request for it, together with an undertaking to pay the proper charges, is received and must be supplied thereafter on payment of those charges.

[E.r. 3]

Requirements as to copies

4

(1) Before a copy of a document is supplied to a party under these Rules it must be indorsed with the name and address of the party or solicitor by whom it was supplied.

(2) The party by whom a copy is supplied under rule 3, or, if he sues or appears by a solicitor, his solicitor, shall be answerable for the copy being a true copy of the original or of an office copy, as the case may be.

[E.r. 4]

Right to inspect, etc. certain documents filed in Court Offices

5

(1) Any person shall, on payment of the prescribed fee, be entitled during office hours to search for, inspect and take a copy of any of the following documents filed in the Central Office, namely—

(a) the copy of any writ of summons or other originating process.

(b) any judgment or order given or made in court or the copy of any such judgment or order, and

(2) Paragraph (1) shall apply to the judgments and orders filed in the Chancery Office or the Bankruptcy and Companies Office, and to the Chancery judgments and orders kept in the Central Office, as it applies to judgments and orders filed in the Central Office.

(3) Nothing in the foregoing provisions shall be taken as preventing any party to a cause or matter searching for, inspecting and taking or bespeaking a copy of any affidavit or other document filed in that cause or matter or filed before the commencement of that cause or matter but made with a view to its commencement.

[E.O. 63 r. 4]

(4) For the purpose of this rule, a decree made in chambers in a limitation action as defined in Order 75, rule 1(2), shall be deemed to have been made in Court.

[E.O. 75 r. 46(4)]

ORDER 56 — APPEALS TO THE HIGH COURT BY CASE STATED: GENERAL

Notice of change of solicitor

1

(1) A party to any cause or matter who sues or defends by a solicitor may change his solicitor without an order for that purpose but, unless and until notice of the change is filed and copies of the notice are served in accordance with this rule, the former solicitor shall, subject to rules 4 and 5, be considered the solicitor of the party until the final conclusion of the cause or matter, whether in the High Court or the Court of Appeal.

(2) Notice of a change of solicitor must be filed in the appropriate office.

(3) The party giving the notice must serve on every other party to the cause or matter (not being a party in default as to entry of appearance) and on the former solicitor a copy of the notice indorsed with a memorandum stating that the notice has been duly filed in the appropriate office (naming it).

(4) The party giving the notice may perform the duties prescribed by this rule in person or by his new solicitor.

[E.r. 1]

Notice of appointment of solicitor

2

Where a party, after having sued or defended in person, appoints a solicitor to act in the cause or matter on his behalf, the change may be made without an order for that purpose and rule 1(2), (3) and (4) shall, with the necessary modifications, apply in relation to a notice of appointment of a solicitor as they apply in relation to a notice of change of solicitor.

[E.r. 3]

Notice of intention to act in person

3

Where a party, after having sued or defended by a solicitor, intends and is entitled to act in person, the change may be made without an order for that purpose and rule 1 shall, with the necessary modifications, apply in relation to a notice of intention to act in person as it applies in relation to a notice of change of solicitor except that the notice of intention to act in person must contain an address for service of the party giving it.

[E.r. 4]

Removal of solicitor from record at instance of another party

4

(1) Where—

(a) a solicitor who has acted for a party in a cause or matter has died or become bankrupt or cannot be found or has failed to take out a practising certificate or has been struck off the roll of solicitors or has been suspended from practising or has for any other reason ceased to practise, and

(b) the party has not given notice of change of solicitor or notice of intention to act in person in accordance with the foregoing provisions of this Order,

any other party to the cause or matter may apply to the Court, or if an appeal to the Court of Appeal is pending in the cause or matter; to the Court of Appeal, for an order declaring that the solicitor has ceased to be the solicitor acting for the first-mentioned party in the cause or matter, and the Court or Court of Appeal, as the case may be, may make an order accordingly.

(2) An application for an order under this rule must be made by summons or, in the case of an application to the Court of Appeal, by motion, and the summons or notice of motion must, unless the Court or Court of Appeal, as the case may be, otherwise directs, be served on the party to whose solicitor the application relates.

The application must be supported by an affidavit stating the grounds of the application.

(3) Where an order is made under this rule the party on whose application it was made must—

(a) serve on every other party to the cause or matter (not being a party in default as to entry of appearance) a copy of the order, and

(b) procure the order to be entered in the appropriate office, and

(c) leave at that office a copy of the order and a certificate signed by him or his solicitor that the order has been duly served as aforesaid.

(4) An order made under this rule shall not affect the rights of the solicitor and the party for whom he acted as between themselves.

[E.r. 5]

Withdrawal of solicitor who has ceased to act for party

5

(1) Where a solicitor who has acted for a party in a cause or matter has ceased so to act and the party has not given notice of change in accordance with rule 1, or notice of intention to act in person in accordance with rule 3, the solicitor may apply to the Court for an order declaring that the solicitor has ceased to be the solicitor acting for the party in the cause or matter, and the Court or Court of Appeal, as the case may be, may make an order accordingly, but unless and until the solicitor—

(a) serves on every party to the cause or matter (not being a party in default as to entry of appearance) a copy of the order, and

(b) procures the order to be entered in the appropriate office, and

(c) leaves at that office a copy of the order and a certificate signed by him that the order has been duly served as aforesaid,

he shall, subject to the foregoing provisions of this Order, be considered the solicitor of the party till the final conclusion of the cause or matter, whether in the High Court or Court of Appeal.

(2) An application for an order under this rule must be made by summons or, in the case of an application to the Court of Appeal, by motion, and the summons or notice of motion must, unless the Court or the Court of Appeal, as the case may be, otherwise directs, be served on the party for whom the solicitor acted.

The application must be supported by an affidavit stating the grounds of the application.

(3) An order made under this rule shall not affect the rights of the solicitor and the party for whom he acted as between themselves.

(4) Notwithstanding anything in paragraph (1), Where the certificate of an assisted person within the meaning of the Legal Aid (General) Regulations (Northern Ireland) 1965[^f00068] is revoked or discharged, the solicitor who acted for the assisted person shall cease to be the solicitor acting in the cause or matter as soon as his retainer is determined under regulation 13(2) of the said Regulations; and if the assisted person whose certificate has been revoked or discharged desires to proceed with, the cause or matter without legal aid and appoints that solicitor or another solicitor to act on his behalf, the provisions of rule 2 shall apply as if that party had previously sued or defended in person.

[E.r. 6]

Address for service of party whose solicitor is removed, etc.

6

Where—

(a) an order is made under rule 4, or

(b) an order is made under rule 5, and the applicant for that order has complied with rule 5(1), or

(c) the certificate of an assisted person within the meaning of the Legal Aid (General) Regulations (Northern Ireland) 1965 is revoked or discharged,

then, unless and until the party to whose solicitor or to whom, as the case may be, the order or certificate relates either appoints another solicitor and complies with rule 2 or, being entitled to act in person, gives notice of his intention so to do and complies with rule 3, his last known address or, where the party is a body corporate, its registered or principal office shall, for the purpose of the service on him of any document not required to be served personally, be deemed to be his address for service.

[E.r. 7]

ORDER 57 — CROWN SIDE PROCEEDINGS: GENERAL

[No Order made]

GENERAL AND ADMINISTRATIVE PROVISIONS

ORDER 63

Definitions

1

In this Order—

“Crown Solicitor” means the Crown Solicitor for Northern Ireland.

“Master” means the Master (Queen's Bench and Appeals);

“process” includes a citation;

“Secretary of State” means Her Majesty's Principal Secretary of State for Foreign and Commonwealth Affairs.

[E.r. 1]

Service of foreign legal process

2

(1) This rule applies in relation to the service of any process required in connection with civil or commercial proceedings pending before a court or other tribunal of a foreign country where a letter of request from such a tribunal requesting service on a person in Northern Ireland or any such process sent with the letter is received by the Secretary of State and is sent by him to the Supreme Court with an intimation that it is desirable that effect should be given to the request.

(2) In order that service of the process may be effected in accordance with this rule the letter of request must be accompanied by a translation thereof in English, by two copies of the process to be served and by two copies of a translation of the process in English.

(3) Subject to paragraph (4) and to any statutory provision which provides for the manner in which documents may be served on bodies corporate, service of the process shall be effected by leaving a copy of it and of the translation with the person to be served.

Service shall be effected by the process server appointed under rule 5 or his authorised agent.

(4) Where an application in that behalf is made by the Crown Solicitor with the consent of the Treasury, the Court may make an order for substituted service of the process, and, where such an order is made, service of the process shall be effected by taking such steps as the Court may direct to bring the process to the notice of the person to be served.

(5) After service of the process has been effected or (if such be the case) attempts to effect service of it have failed, the process server shall leave with the Master a copy of the process, an affidavit made by the person who served, or attempted to serve, the process stating when, where and how he did or attempted to do so, a copy of that affidavit and a statement of the costs incurred in effecting, or attempting to effect, service.

(6) The Master shall give a certificate—

(a) identifying the documents annexed thereto, that is to say, the letter of request for service, a copy of the process received with the letter and a copy of the affidavit referred to in paragraph (5);

(b) certifying that the method of service of the process and the proof of service are such as are required by the rules of the Supreme Court regulating the service of process of that Court in Northern Ireland or. if such be the case, that service of the process could not be effected for the reason specified in the certificate; and

(c) certifying that the cost of effecting, or attempting to effect, service, as certified by the Master (Taxing Office), is the amount so specified.

(7) The certificate given under paragraph (6) shall be sealed with the seal of the Supreme Court and shall be sent to the Secretary of State.

[E.r. 2]

Service of foreign legal process under Civil Procedure Convention

3

(1) This rule applies in relation to the service of any process required in connection with civil or commercial proceedings pending before a court or other tribunal of a foreign country, being a country with which there subsists a Civil Procedure Convention providing for service in Northern Ireland of process of the tribunals of that country, where a letter of request from a consular or other authority of that country requesting service on a person in Northern Ireland of any such process sent with the letter is received by the Master.

(2) In order that service of the process may be effected in accordance with this rule the letter of request must be accompanied by a copy of a translation of the process to be served in English.

(3) Subject to any statutory provision which provides for the manner in which documents may be served on bodies corporate and to any special provisions of the relevant Civil Procedure Convention, service of the process shall be effected by leaving the original process or a copy of it, as indicated in the letter of request, and a copy of the translation with the person to be served.

Service shall be effected by the process server appointed under rule 5 or his authorised agent.

(4) After service of the process has been effected or (if such be the case) attempts to effect service of it have failed, the process server shall leave with the Master an affidavit made by the person who served, or attempted to serve, the process stating when, where and how he did or attempted to do so, and a statement of the costs incurred in effecting, or attempting to effect, service.

(5) The Master shall give a certificate certifying—

(a) that the process or a copy thereof, as the case may be, was served on the person, at the time, and in the manner, specified in the certificate or, if such be the case, that service of the process could not be effected for the reason so specified, and

(b) that the cost of effecting, or attempting to effect, service, as certified by the Master (Taxing Office), is the amount so specified.

(6) The certificate given under paragraph (5) shall be sealed with the seal of the Supreme Court and shall be sent to the consular or other authority by whom the request for service was made.

[E.r. 3]

Costs of service, etc. to be certified by the Master (Taxing Office)

4

A statement of the costs incurred in effecting, or attempting to effect, service under rule 2 or rule 3 shall be submitted to the Master (Taxing Office) who shall certify the amount properly payable in respect of those costs.

[E.r. 4]

Appointment of process server

5

The Lord Chancellor may appoint a process server for the purposes of this Order.

[E.r. 5]

ORDER 64 — SITTINGS, VACATIONS AND OFFICE HOURS

Interpretation and exercise of jurisdiction

1

(1) In this Order “the Act of 1975” means the Evidence (Proceedings in Other Jurisdictions) Act 1975[^f00069];

“The Crown Solicitor” means the Crown Solicitor for Northern Ireland;

“The Master” means the Master (Queen's Bench and Appeals);

“The Secretary of State” means Her Majesty's Principal Secretary of State for Foreign and Commonwealth Affairs.

(2) The power of the High Court to make an Order under section 2 of the Act of 1975 may be exercised by the Master.

[E.r. 1]

Application for order

2

(1) Subject to paragraph (3) and rule 3, an application for an order under the Act of 1975 must be made ex parte and must be supported by affidavit.

(2) There shall be exhibited to the affidavit the request in pursuance of which the application is made, and if the request is not in the English language, a translation thereof in that language.

(3) Where on an application under section 1 of the Act of 1975 as applied by section 92 of the Patents Act 1977[^f00070] an order is made for the examination of witnesses, the Court may allow an officer of the European Patent Office to attend the examination and examine the witnesses or request the Court or the examiner before whom the examination takes place to put specified questions to them.

[E.r. 2]

Application by Crown Solicitor in certain cases

3

Where a request—

(a) is received by the Secretary of State and sent by him to the Master with an intimation that effect should be given to the request without requiring an application for that purpose to be made by the agent in Northern Ireland or any party to the matter pending or contemplated before the foreign court or tribunal, or

(b) is received by the Master in pursuance of a Civil Procedure Convention providing for the taking of the evidence of any person in Northern Ireland for the assistance of a court or tribunal in the foreign country. and no person is named in the document as the person who will make the necessary application on behalf of such party;

the Master shall send the document to the Crown Solicitor and the Crown Solicitor may, with the consent of the Treasury, make an application for an order under the Act of 1975, and, take such other steps as may be necessary, to give effect to the request.

[E.r. 3]

Person to take and manner of taking examination

4

Any order made in puruance of this Order for the examination of a witness may order the examination to be taken before any fit and proper person nominated by the person applying for the order or before such other qualified person as to the Court seems fit.

[E.r. 4]

Dealing with deposition

5

Unless any order made in pursuance of this Order for the examination of any witness otherwise directs, the examiner before whom the examination was taken must send the deposition of that witness to the Master and the Master shall—

(a) give a certificate sealed with the seal of the Supreme Court for use out of the jurisdiction identifying the documents annexed thereto, that is to say, the request, the order of the Court for examination and the deposition taken in pursuance of the order; and

(b) send the certificate with the documents annexed thereto to the Secretary of State, or, where the request was sent to the Master by some other person in accordance with a Civil Procedure Convention, to that other person, for transmission to that court or tribunal.

[E.r. 5]

Claim to privilege

6

(1) The provisions of this rule shall have effect where a claim by a witness to be exempt from giving any evidence on the ground specified in section 3(1)(b) of the Act of 1975 is not supported or conceded as mentioned in sub-section (2) of that section.

(2) The examiner may, if he thinks fit, require the witness to give the evidence to which the claim relates and, if the examiner does not do so the Court may do so, on the ex parte application of the person who obtained the order under section 2.

(3) If such evidence is taken—

(a) it must be contained in a document separate from the remainder of the deposition of the witness;

(b) the examiner shall send to the Master with the deposition a statement signed by the examiner setting out the claim and the ground on which it was made;

(c) on receipt of the statement the Master shall, notwithstanding anything in rule 5, retain the document containing the part of the witness's evidence to which the claim relates and shall send the statement and a request to determine the claim to the foreign court or tribunal with the documents mentioned in rule 5;

(d) if the claim is rejected by the foreign court or tribunal, the Master shall send to that court or tribunal the document containing that part of the witness's evidence to which the claim relates, but if the claim is upheld he shall send the document to the witness, and shall in either case notify the witness and the person who obtained the order under section 2 of the court or tribunal's determination.

[E.r. 6]

ORDER 65 — SERVICE OF DOCUMENTS

1. RECIPROCAL ENFORCEMENT

Powers under relevant Acts exercisable by judge or master

1

The powers conferred on the High Court by Part II of the Administration of Justice Act 1920[^f00071] (in this part of this Order referred to as the “Act of 1920”) or Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933[^f00072] (in this part of this Order referred to as the “Act of 1933”) may be exercised by a judge in chambers and a master.

[E.r. 1]

Application for registration

2

(1) An application—

(a) under section 9 of the Act of 1920, in respect of a judgment obtained in a superior court in any part of Her Majesty's dominions or other territory to which Part II of that Act applies, or

(b) under section 2 of the Act of 1933, in respect of a judgment to which Part I of that Act applies,

to have the judgment registered in the High Court may be made ex parte, but the Court hearing the application may direct a summons to be issued:

(2) If the Court directs a summons to be issued, the summons shall be an originating summons.

(3) No appearance need be entered to an originating summons under this rule.

[E.r. 2]

Evidence in support of application

3

(1) An application for registration must be supported by an affidavit—

(a) exhibiting the judgment or a verified or certified or otherwise duly authenticated copy thereof and, where the judgment is not in the English language, a translation thereof in that language certified by a notary public or authenticated by affidavit;

(b) stating the name, trade or business and the usual or last known place of abode or business of the judgment creditor and the judgment debtor respectively, so far as known to the deponent;

(i) that the judgment creditor is entitled to enforce the judgment;

(ii) as the case may require, either that at the date of the application the judgment has not been satisfied, or the amount in respect of which it remains unsatisfied;

(iii) where the application is made under the Act of 1920, that the judgment does not fall within any of the cases in which a judgment may not be ordered to be registered under section 9 of that Act;

(iv) where the application is made under the Act of 1933; that at the date of the application the judgment can be enforced by execution in the country of the original court and that, if it were registered, the registration would not be, or be liable to be, set aside under section 4 of that Act;

(d) specifying, where the application is made under the Act of 1933, the amount of interest, if any, which under the law of the country of the original court has become due under the judgment up to the time of registration;

(e) verifying that the judgment to which section 5 of the Protection of Trading Interests Act 1980[^f00073] applies.

(2) Where a judgment sought to be registered under the Act of 1933 is in respect of different matters, and some, but not all, of the provisions of the judgment are such that if those provisions had been contained in separate judgments, those judgments could properly have been registered, the affidavit must state the provisions in respect of which it is sought to register the judgment.

(3) In the case of an application under the Act of 1933, the affidavit must be accompanied by such other evidence with respect to the enforceability of the judgment by execution in the country of the original court, and of the law of that country under which any interest has become due under the judgment, as may be required having regard to the provisions of the Order in Council extending that Act to that country.

[E.r. 3]

Security for costs

4

Save as otherwise provided by any relevant Order in Council, the Court may order the judgment creditor to give security for the costs of the application for registration and of any proceedings which may be brought to set aside the registration.

[E.r. 4]

Order for registration

5

(1) Except where the order giving leave to register a judgment is made on summons, no such order need be served on the judgment debtor.

(2) Every such order shall state the period within which an application may be made to set aside the registration and shall contain a notification that the judgment will not be enforced until after the expiration of that period.

(3) The Court may, on an application made at any time while it remains competent for any party to apply to have the registration set aside, extend the period (either as originally fixed or as subsequently extended) within which an application to have the registration set aside may be made.

[E.r. 5]

Register of judgments

6

There shall be kept in the Central Office under the direction of the Master (Queen's Bench and Appeals) a register of the judgments ordered to be registered under the Act of 1920 and a register of the judgments ordered to be registered under the Act of 1933.

[E.r. 6]

Notice of registration

7

(1) Notice of the registration of a judgment must be served on the judgment debtor by delivering it to him personally or by sending it to him at his usual or last known place of abode or business or in such other manner as the Court may direct.

(2) Service of such a notice out of the jurisdiction is permissible without leave, and Order 11; rules 5, 6 and 8, shall apply in relation to such a notice as they apply in relation to notice of a writ.

(3) The notice of registration must state—

(a) full particulars of the judgment registered and the order for registration,

(b) the name and address of the judgment creditor or of his solicitor or agent on whom, and at which, any summons issued by the judgment debtor may be served,

(d) the period within which an, application to set aside the registration may be made.

[E.r. 7]

Application to set aside registration

8

(1) An application to set aside the registration of a judgment must be made by summons supported by affidavit.

(2) The Court hearing such application may order any issue between the judgment creditor and the judgment debtor to be tried in any manner in which an issue in an action may be ordered to be tried.

(3) Where the Court hearing an application to set aside the registration of a judgment registered under the Act of 1920 is satisfied that the judgment falls within any of the cases in which a judgment may not be ordered to be registered under section 9 of that Act or that it is not just or convenient that the judgment should be enforced in Northern Ireland or that there is some other sufficient reason for setting aside the registration, it may order the registration of the judgment to be set aside on such terms as it thinks fit.

[E.r. 9]

Determination of certain questions

9

If, in any case under the Act of 1933, any question arises, whether a foreign judgment can be enforced by execution in the country of the original court, or what interest is payable under a foreign judgment under the law of the original court, that question shall be determined in accordance with the provisions in that behalf contained in the Order in Council extending Part I of that Act to that country.

[E.r. 11]

Rules to have effect subject to Orders in Council

10

The foregoing rules shall, in relation to any judgment registered or sought to be registered under the Act of 1933, have effect subject to any such provisions contained in the Order in Council extending Part 1 of that Act to the country of the original court as are declared by the Order to be necessary for giving effect to the agreement made between Her Majesty and that country in relation to matters with respect to which there is power to make those rules.

[E.r. 12]

Certified copy of High Court judgment

11

(1) An application under section 10 of the Act of 1920 or section 10 of the Act of 1933 for a certified copy of a judgment entered in the High Court must be made ex parte on affidavit to a master.

(2) An affidavit by which an application under section 10 of the Act of 1920 is made must give particulars of the judgment, show that the judgment debtor is resident in some (stating which) part of Her Majesty's dominions or other territory to which Part II of that Act extends and state the name, trade or business and the usual or last known place of abode of the judgment creditor and the judgment debtor respectively, so far as known to the deponent.

(3) An affidavit by which an application under section 10 of the Act of 1933 is made must—

(a) give particulars of the proceedings in which the judgment was obtained;

(b) have annexed to it a copy of the writ originating summons or other process by which the proceedings were begun, the evidence of service thereof on, or appearance by, the defendant, copies of the pleadings, if any, and a statement of the grounds on which the judgment was based;

(d) show that the judgment is not subject to any stay of enforcement;

(e) state that the time for appealing has expired or, as the case may be, the date on which it will expire and in either case whether notice of appeal against the judgment has been entered; and

(f) state the rate at which the judgment carries interest.

(4) The certified copy of the judgment shall be an office copy sealed with the seal of the Supreme Court and indorsed, with a certificate signed by a master certifying that the copy is a true copy of a judgment obtained in the High Court in Northern Ireland and that it is issued in accordance with section 10 of the Act of 1920 or section 10 of the Act of 1933, as the case maybe.

(5) Where the application is made under section 10 of the Act of 1933 there shall also be issued a certificate (signed by a master and sealed with the seal of the Supreme Court) having annexed to it a copy of the writ originating summons or other process by which the proceedings were begun, and stating—

(a) the manner in which the writ or such summons or other process was served on the defendant or that the defendant appeared thereto;

(b) what objections, if any, were made to the jurisdiction,

(d) the grounds on which the judgment was based,

(e) that the time for appealing has expired or, as the case may be, the date on which it will expire,

(f) whether notice of appeal against the judgment has been entered, and

(g) such other particulars as it may be necessary to give to the court in the foreign country in which it is sought to obtain enforcement of the judgment,

and a certificate (signed and sealed as aforesaid) stating the rate at which the judgment carries interest.

[E.r. 13]

Registration of certificates under Judgments Extension Act 1868

12

(1) An application for registration in the High Court under section 1 of the Judgments Extension Act 1868[^f00074] of a certificate of a judgment of the High Court of Justice in England, or under section 3 of that Act of a certificate of an extracted decreet of the Court of Session, may be made by producing at the Central Office a certificate in the appropriate form prescribed by that Act together with a copy thereof certified by the applicant's solicitor to be a true copy.

(2) Such certificate must be filed in the Central Office and the certified copy thereof, sealed with the seal of the Supreme Court, shall be returned to the applicant's solicitor.

(3) Where by virtue of the said section 1 or the said section 3 the leave of the High Court is required for the registration of a certificate of such a judgment or discreet by reason of the fact that more than 12 months have elapsed since the date of the judgment or decreet, the application for such leave may be made to a master ex parte by affidavit stating the reason for the delay and showing that enforcement of the judgment in Northern Ireland is likely to be effective.

(4) A certificate of a judgment of the High Court which is to be registered under the Judgments Extension Act 1868 may be obtained by producing a certificate in the appropriate form at the office in which the judgment is entered, together with an affidavit made by the solicitor of the party entitled to enforce the judgment giving particulars of the judgment and stating to the best of the information or belief of the deponent the occupation or description and the usual or last known place of abode of the party entitled to enforce the judgment and of the party liable to execution on it.

[E.r. 14]

II. EUROPEAN COMMUNITY JUDGMENTS

Interpretation

13

In this Part of this Order, “the Order in Council” means the European Communities (Enforcement of Community Judgments) Order 1972[^f00075], and expressions used in the Order in Council shall, unless the context otherwise requires, have the same meanings as in that Order.

[E.r. 15]

Functions under Order in Council exercisable by judge or master

14

The functions assigned to the High Court by the Order in Council may be exercised by a judge in chambers or a master.

[E.r. 16]

Application for registration of Community judgments, etc.

15

An application for the registration in the High Court of a Community judgment or Euratom inspection order may be made ex parte.

[E.r. 17]

Evidence in support of application

16

(1) An application for registration must be supported by affidavit exhibiting—

(a) the Community judgment and the order for its enforcement or, as the case may be, the Euratom inspection order or, in either case, a duly authenticated copy thereof, and

(b) where the Community judgment or Euratom inspection order is not in the English language, a translation into English certified by a notary public or authenticated by, affidavit.

(2) Where the application is for registration of a Community judgment under which a sum of money is payable, the affidavit shall also state—

(a) the name and occupation and the usual or last known place of abode or business of the judgment debtor, so far as known to the deponent; and

(b) to the best of the deponent's information and belief that at the date of the application the European Court has not suspended enforcement of the judgment and that the judgment is unsatisfied or, as the case may be, the amount in respect of which it remains unsatisfied.

[E.r. 18]

Register of judgments and orders

17

There shall be kept in the Central Office a register of the, Community judgments and Euratom inspection orders registered under the Order in Council.

[E.r. 19]

Notice of registration

18

(1) Upon registering a Community judgment or Euratom inspection order, the proper officer of the Court shall forthwith send notice of the registration to every person against whom the judgment was given or the order was made.

(2) The notice of registration shall have annexed to it a copy of the registered Community judgment and the order for its enforcement or, as the case may be, a copy of the Euratom inspection order, and shall state the name and address of the person on whose application the judgment or order was registered or of his solicitor or agent on whom process may be served.

(3) Where the notice relates to a Community judgment under which a sum of money is payable, it shall also state that the judgment debtor may apply within 28 days of the date of the notice, or thereafter with the leave of the Court, for the variation or cancellation of the registration on the grounds that the judgment has been partly or wholly satisfied at the date of registration.

[E.r. 20]

Application to vary or cancel registration

19

An application for the variation or cancellation of the registration of a Community judgment on the ground that the judgment had been wholly or partly satisfied at the date of registration shall be made by summons supported by affidavit.

[E.r. 22]

Application for registration of suspension order

20

An application for the registration in the High Court of an order of the European Court that enforcement of a registered Community judgment be suspended may be made ex parte by lodging a copy of the order in the Central Office.

[E.r. 23]

Application for enforcement of Euratom inspection order

21

An application for an order under Article 6 of the Order in Council for the purpose of ensuring that effect is given to a Euratom inspection order may, in case of urgency, be made ex parte on affidavit but, except as aforesaid, shall be made by motion or summons.

[E.r. 24]

ORDER 66 — PAPER, PRINTING NOTICES, COPIES AND INSPECTION OF DOCUMENTS

[No Order made]

ORDER 67 — CHANGE OF SOLICITOR

Assignment of arbitration proceedings among Divisions of High Court

1

A cause or matter consisting of an application to the High Court under the Arbitration Act (Northern Ireland) 1937[^f00076] or the Arbitration Act 1950[^f00077] other than an application under section 4 of the said Act of 1937 or section 4(2) or Part II of the said Act of 1950 made in proceedings assigned to the Chancery Division, shall be assigned to the Queen's Bench Division.

[E.r. 1]

Matters for a judge in court

2

(1) Every application to the Court—

(a) to remit an award under section 15 of the Arbitration Act (Northern Ireland) 1937, or

(b) to remove an arbitrator or umpire under section 27(1) of that Act, or

must be made by originating motion.

(2) An application for a declaration that an award made by an arbitrator or umpire is not binding on a party to the award on the ground that it was made without jurisdiction may be made by originating motion but the foregoing provision shall not be taken as affecting the Court's power to refuse to make such a declaration in proceedings begun by motion.

[E.r. 2]

Matters for judge in chambers or master

3

(1) Subject to the foregoing provisions of this Order and the provisions of this rule the jurisdiction of the High Court under the Arbitration Act (Northern Ireland) 1937 and Arbitration Act 1950 may be exercised by a judge in chambers or a master.

(2) Any application to which this rule applies shall, where an application is pending, be made by summons in the action and in any other case by an originating summons for which no appearance need be entered.

[E.r. 3]

Time limits and other special provisions as to applications under the Arbitration Act (Northern Ireland) 1937

4

(1) An application to the Court—

(a) to remit an, award under section 15 of the Arbitration Act (Northern Ireland) 1937, or

(b) to set aside an award under section 7(2) of that Act

must be made, and the summons must be served, within 6 weeks after the award has been made and published to the parties.

(2) A special case stated under section 22 of the Arbitration Act (Northern Ireland) 1937 shall be heard by a judge. The decision thereon shall be deemed to be a judgment of the Court and the provisions of Order 56 shall apply thereto.

(3) In the case of every application to which this rule applies, the notice of originating motion or, as the case may be the originating summons, must state the grounds of the application and, where the application is founded on evidence by affidavit, or is made with the consent of the arbitrator or umpire or of the other parties, a copy of every affidavit intended to be used, or as the case may be, of every consent given in writing, must be served with the notice or summons.

[E.r. 5]

Service out of the jurisdiction of summons, notice, etc.

5

(1) Service out of the jurisdiction—

(a) of an originating summons for the appointment of an arbitrator or umpire or for leave to enforce an award, or

(b) of notice of an originating motion to remove an arbitrator or umpire or to remit or set aside an award, or

is permissible with the leave of the Court provided that the arbitration to which the summons, motion or order relates is to be, or has been held within the jurisdiction.

(2) An application for the grant of leave under this rule must be supported by an affidavit stating the grounds on which the application is made and showing in what place or country the person to be served is, or probably may be found and 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 rule.

(3) Order 11, rules 5, 6 and 8, shall apply in relation to any such summons, notice or order as is referred to in, paragraph (1) as they apply in relation to notice of a writ.

[E.r. 7]

Registration in High Court of foreign awards

6

Where an award is made in proceedings on an arbitration in any part of Her Majesty's dominions or other territory to which Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933[^f00078] extends, being a part to which Part II of the Administration of Justice Act 1920[^f00079] extended immediately before the said Part I was extended thereto, then, if the award has, in pursuance of the law in force in the place where it was made, become enforceable in the same manner as a judgment given by a court in that place, Order 71 shall apply in relation to the award as it applies in relation to a judgment given by that court, subject, however, to the following modifications:—

(a) for references to the country of the original court there shall be substituted references to the place where the award was made; and

(b) the affidavit required by rule 3 of the said Order must state (in addition to the other matters required by that rule) that to the best of the information or belief of the deponent the award has, in pursuance of the law in force in the place where it was made, become enforceable in the same manner as a judgment given by a court in that place.

[E.r. 8]

Registration of awards under Arbitration (International Investment Disputes) Act 1966

7

(1) In this rule and in any provision of these rules as applied by this rule—

“the Act of 1966” means the Arbitration (International Investment Disputes) Act 1966[^f00080];

“award” means an award rendered pursuant to the Convention;

“the Convention” means the Convention referred to in section 1(1) of the Act of 1966;

“judgment creditor” and “judgment debtor” mean respectively the person seeking recognition or enforcement of an award and the other party to the award.

(2) Subject to the provisions of this rule, the following provisions of Order 71, namely, rules 1, 3(1) (except sub-paragraphs (c) and (d) thereof) and 7 (except paragraph (3) (c) and (d) thereof), shall apply with the necessary modifications in relation to an award as they apply in relation to a judgment to which Part II of the Foreign Judgments (Reciprocal Enforcement) Act 1933 applies.

(3) An application to have an award registered in the High Court under section 1 of the Act of 1966 shall be made by originating summons to which no appearance need be entered.

(4) The affidavit required by Order 71, rule 3, in support of an application for registration shall—

(a) in lieu of exhibiting the judgment or a copy thereof, exhibit a copy of the award certified pursuant to the Convention, and

(b) in addition to stating the matters mentioned in paragraph 3(1)(c)(i) and (ii) of the said rule 3, state whether at the date of the application the enforcement of the award has been stayed (provisionally or otherwise) pursuant to the Convention and whether any, and if so what, application has been made pursuant to the Convention which, if granted, might result in a stay of the enforcement of the award.

(5) There shall be kept in the Central Office a register of the awards ordered to be registered under the Act of 1966.

(6) Where it appears to the Court on granting leave to register an award or on an application made by the judgment debtor after an award has been registered—

(a) that the enforcement of the award has been stayed (whether provisionally or otherwise) pursuant to the Convention, or

(b) that an application has been made pursuant to the Convention which, if granted, might result in a stay of the enforcement of the award,

the Court shall, or, in the case referred to in sub-paragraph (b), may, stay enforcement of the award for such time as it considers appropriate in the circumstances.

(7) An application by the judgment debtor under paragraph (6) shall be made by summons and supported by affidavit.

[E.r. 9]

Enforcement of arbitration awards

8

(1) An application for leave under section 3(1)(c) of the Arbitration Act 1975[^f00081] to enforce an award on an arbitration agreement in the same manner as a judgment or order may be made ex parte but the Court hearing the application may direct a summons to be issued.

(2) If the Court directs a summons to be issued, the summons shall be an originating summons to which no appearance need, be entered.

(3) An application for leave must be supported by affidavit—

(a) exhibiting the documents required to be produced by section 4 of the Arbitration Act 1975;

(b) stating the name and the usual or last known place of abode or business of the applicant (hereinafter referred to as “the creditor”) and the person against whom it is sought to enforce the award (hereinafter referred to as “the debtor”) respectively;

(c) as the case may require either that the award has not been complied with or the extent to which it has not been complied with at the date of the application.

(4) An order giving leave must be drawn up by or on behalf of the creditor and must be served on the debtor by delivering a copy to him personally or by sending a copy to him at his usual or last known place of abode or business or in such other manner as the Court may direct.

(5) Service of the order out of the jurisdiction is permissible without leave, and Order 11, rules 5, 6 and 8, shall apply in relation to such an order as they apply in relation to notice of a writ.

(6) Within 14 days after service of the order or, if the order is to be served out of the jurisdiction, within such other period as the Court may fix, the debtor may apply to set aside the order and the award shall not be enforced until after the expiration of that period or, if the debtor, applies within that period to set aside the order, until after the application is finally disposed of.

(7) The copy of the order served on the debtor shall state the effect of paragraph (6).

(8) In relation to a body corporate this rule shall have effect as if for any reference to the place of abode or business of the creditor or the debtor there were substituted a reference to the registered or principal address of the body corporate; so, however, that nothing in this rule shall affect any statutory provision which provides for the manner in which a document may be served on a body corporate.

[E.r. 10]

PROVISIONS AS TO FOREIGN PROCEEDINGS

[ ORDER 69 — SERVICE OF FOREIGN PROCESS

[No Order made]

ORDER 70 — OBTAINING EVIDENCE FOR FOREIGN COURTS, ETC.

Application and interpretation

1

(1) This Order applies to Admiralty causes and matters, and the other provisions of these Rules apply to those causes and matters subject to the provisions of this Order.

(2) In this Order—

“action in rem” means an Admiralty action in rem;

“caveat against arrest” means a caveat entered in the caveat book under rule 6;

“caveat against release and payment” means a caveat entered in the caveat book under rule 14;

“caveat book” means the book kept in the Central Office in which caveats issued under this Order are entered;

“limitation action” means an action by shipowners or other persons under the Merchant Shipping Acts 1894 to 1974 for the limitation of the amount of their liability in connection with a ship or other property;

“marshal” means the Admiralty marshal and includes the Deputy Marshal;

“Registrar” means the Registrar (Queen's Bench and Appeals);

“ship” includes any description of vessel used in navigation.

[E.r. 1]

Certain actions to be assigned to Admiralty

2

(1) Without prejudice to Order 1 or to any other statutory provision providing for the assignment of causes and matters to the Queen's Bench Division—

(a) every action to enforce a claim for damage, loss of life or personal injury arising out of—

(i) a collision between ships, or

(ii) the carrying out of or omission to carry out a manoeuvre in the case of one or more of two or more ships, or

(iii) non-compliance, on the part of one or more of two or more ships with the collision regulations,

(b) every limitation action, and

(c) every action to enforce a claim under section 1 of the Merchant Shipping (Oil Pollution) Act 1971[^f00082] or section 4 of the Merchant Shipping Act 1974[^f00083]

shall be assigned to that Division.

(2) In this rule “collision regulations” means regulations under section 418 of the Merchant Shipping Act 1894[^f00084], or any such rules as are mentioned in subsection (1) of section 421 of that Act or any rules made under subsection (2) of the said section 421.

[E.r. 2]

Proceedings against, or concerning, the International Pollution Fund

2A

(1) All proceedings against the International Oil Pollution Compensation Fund (in this rule referred to as “the Fund”) under section 4 of the Merchant Shipping Act 1974 shall be commenced in the Central Office.

(2) For the purpose of section 6(2) of the Merchant Shipping Act 1974, any party to proceedings brought against an owner or guarantor in respect of liability under section 1 of the Merchant Shipping (Oil Pollution) Act 1971 may give notice to the Fund of such proceedings by serving a notice in writing on the Fund together with a copy of the writ and copies of the pleadings (if any) served in the action.

(3) The Court shall, on the application made ex parte by the Fund, grant leave to the Fund to intervene in any proceedings to which the preceding paragraph applies, whether notice of such proceedings has been served on the Fund or not, and paragraphs (3) and (4) of rule 17 shall apply to such an application.

(4) Where judgment is given against the Fund in any proceedings under section 4 of the Merchant Shipping Act 1974, the Registrar shall cause a stamped copy of the judgment to be sent by post to the Fund.

(5) The Fund shall notify the Registrar of the matters set out in section 4(12)(b) of the Merchant Shipping Act 1974 by a notice in writing, sent by post to, or delivered at, the Central Office.

[E.r. 2A]

Issue of writ and entry of appearance

3

(1) An action in rem must be begun by writ, and the writ must be in Form 1 in Appendix B.

(2) Order 6, rule 6, shall apply in relation to a writ by which an Admiralty action is begun, and Order 12 shall apply in relation to such an action.

[E.r. 3]

Service of writ out of jurisdiction

4

(1) Subject to the following provisions of this rule, service out of the jurisdiction of a writ; or notice of a writ, containing any such claim as is mentioned in rule 2(1)(i) is permissible with the leave of the Court, if, but only if—

(a) the defendant has his habitual place of business within Northern Ireland, or

(b) the cause of action arose within inland waters of Northern Ireland or within the limits of a port of Northern Ireland, or

(c) an action arising out of the same incident or series of incidents is proceeding in the High Court or has been heard and determined in the High Court, or

(d) the defendant has submitted or agreed to submit to the jurisdiction of the High Court.

In this paragraph “inland waters” and “port” have the same meanings as in paragraph 4(1) of the First Schedule to the Administration of Justice Act 1956[^f00085].

(2) Order 11, rule 3 and rule 4(1), (2) and (4), shall apply in relation to an application for a grant of leave under this rule as they apply in relation to an application for the grant of leave under rule 1 or 2 of that Order.

(3) Paragraph (1) shall not apply to an action in rem.

(4) The proviso to rule 6(1) of Order 6 and Order 11, rule 1(2), shall not apply to a writ by which any Admiralty action is begun or to notice of any such writ.

[E.r. 4]

Warrant of arrest

5

(1) After a writ has been issued in an action in rem a warrant in Form No. 2 in Appendix B for the arrest of the property against which the action or any counterclaim in the action is brought may, subject to the provisions of this rule, be issued at the instance of the plaintiff or, of the defendant, as the case may be.

(2) A party applying for the issue out of the Central Office of a warrant to arrest any property shall procure a search to be made in the caveat book for the purpose of ascertaining whether there is a caveat against arrest in force with respect to that property.

(3) A warrant of arrest shall not be issued until the party applying for it has filed a praccipe in Form No. 3 in Appendix B requesting issue of the warrant together with an affidavit made by him or his agent containing the particulars required by paragraphs (6), (7), (8) and (10) so, however, that the Court may, if it thinks fit, allow the warrant to issue notwithstanding that the affidavit does not contain all those particulars.

(4) Except with the leave of the Court or where notice has been given under paragraph (11) a warrant of arrest shall not be issued in an action in rem against a foreign ship belonging to a port of a State having a consulate in Northern Ireland, being an action for possession of the ship or for wages, until notice that the action has been begun has been sent to the consul.

(5) Except with the leave of the Court, a warrant of arrest shall not be issued in an action in rem in which there is a claim arising out of bottomry until the bottomry bond and, if the bond is in a foreign language, a notarial translation thereof is produced to the Registrar.

(6) Every affidavit must state—

(a) the name, address and occupation of the applicant for the warrant;

(b) the nature of the claim or counterclaim in respect of which the warrant is required and that it has not been satisfied; and

(c) the nature of the property to be arrested and, if the property is a ship, the name of the ship and the port to which she belongs.

(7) Every affidavit in an action in rem brought against a ship by virtue of paragraph 3(4) of the First Schedule to the Administration of Justice Act 1956 must state—

(a) whether the ship against which the action is brought is the ship in connection with which the claim in the action arose;

(b) that in the belief of the deponent the person who would, apart from paragraph 4 of the First Schedule to that Act, be liable on the claim in an action in personam was, when the cause of action arose, the owner or charterer, or in possession or control, of the ship in connection with which the claim arose and was also, at the time of the issue of the writ, the beneficial owner of all the shares in the ship against which the action is brought; and

(8) Every affidavit in an action in rem for possession of a ship or for wages must state the nationality of the ship against which the action is brough and that the notice (if any) required by paragraph (4) has been sent.

A copy of such notice must be exhibited to the affidavit.

(9) An affidavit in such an action as is referred to in paragraph (5) must have annexed thereto a certified copy of the bottomry bond, or of the translation thereof.

(10) Where, by any convention or treaty, the United Kingdom has undertaken to minimise the possibility of arrest of ships of another State, no application shall be made for the issue of a warrant of attest in an action in rem against a ship owned by that State until notice in Form No.. 14 in Appendix B has been served on a consular officer at the consular office of that State in London or the port at which it is intended to cause the ship to be arrested.

In a case to which this paragraph applies the affidavit required by paragraph (3) shall state that the notice required by this paragraph has been served and a copy of the notice shall be exhibited to the affidavit.

[E.r. 5]

Caveat against arrest

6

(1) A person who desires to prevent the arrest of any property must file in the Central Office a praecipe, in Form No. 4 in Appendix B, signed by him or his solicitor undertaking—

(a) to enter an appearance in any action that may be begun against the property described in the praecipe, and

(b) within 3 days after receiving notice that such an action has been begun, to give bail in the action in a sum not exceeding an amount specified in the praecipe or to pay the amount so specified into court;

and on the filing of the praecipe a caveat against the issue of a warrant to arrest the property described in the praecipe shall he entered in the caveat book.

(2) The fact that there is a caveat against arrest in force shall not prevent the issue of a warrant to arrest the property to which the caveat relates.

[E.r. 6]

Remedy where property protected by caveat is arrested

7

Where any property with respect to which a caveat against arrest is in force is arrested in pursuance of a warrant of arrest, the party at whose instance the caveat was entered may apply to the Court by motion for an order under this rule and, on the hearing of the application, the Court, unless it is satisfied that the party procuring the arrest of the property bad a good and sufficient reason for so doing, may by, order discharge the warrant and may also order the last-mentioned party to pay to the applicant damages, in respect of the loss suffered by the applicant as a result of the arrest.

[E.r. 7]

Service of writ in action in rem

8

(1) Subject to paragraph (2), a writ by which an action in rem is begun must be served on the property against which the action is brought except—

(a) where that property is freight, in which case it must be served on the cargo in respect of which the freight is payable or on the ship in which that cargo was carried, or

(b) where that property has been sold and the proceeds of sale paid into court, in, which case it must be served on the Registrar.

(2) A writ need not be served on the property mentioned in paragraph (1) or the Registrar if the writ is deemed to have been duly served on the defendant by virtue of Order 10, rule 1(4) or (5).

(3) Where by virtue of this rule a writ is required to be served on any property, the plaintiff may request service of the writ to be effected by the marshal if, but only if, a warrant of arrest has been issued for service against the property or the property is under arrest, and in that case the plaintiff must file in the Central Office a praecipe in form No. 5 in Appendix B and lodge—

(a) the writ and copy thereof, and

(b) an undertaking to pay on demand all expenses incurred by the marshal or his substitute in respect of the service of the writ,

and thereupon the marshal or his substitute shall serve the writ on the property described in the praecipe.

(4) Where the plaintiff in an action in rem, or his solicitor, becomes aware that there is in force a caveat against arrest with respect to the property against which the action is brought, he must serve the writ forthwith on the person at whose instance the caveat was entered.

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