The Rules of the Supreme Court (Northern Ireland) (Amendment No. 2) 2009

Made: 10th June 2009

To be laid before Parliament

Coming into operation: 7th September 2009

The Northern Ireland Supreme Court Rules Committee makes the following Rules in exercise of the powers conferred by sections 55 and 55A of the Judicature (Northern Ireland) Act 1978[^f00001].

Citation and commencement

1

These Rules may be cited as the Rules of the Supreme Court (Northern Ireland) (Amendment No. 2) 2009 and shall come into operation on 7th September 2009.

Amendments to the Rules of the Supreme Court (Northern Ireland) 1980

2

In the Arrangement of Orders in the Rules of the Supreme Court (Northern Ireland) 1980[^f00002] (“the principal Rules”), in the entry for Order 71, for “Reciprocal enforcements of judgments and enforcement of Community judgments”, substitute “Reciprocal enforcement of judgments, enforcement of European Community judgments and European Order for Payment Procedure”.

3

In Order 1, rule 6 of the principal Rules, for “senior Lord Chief Justice of Appeal”, substitute “senior Lord Justice of Appeal”.

4

For Order 25 of the principal Rules, substitute the new Order set out in Schedule 1.

5

In Order 38 of the principal Rules—

• (a) in rule 1A(1), for the words “any medical report or other accompanying or supplemental document served or disclosed pursuant to the provisions of Order 25”, substitute “any report or other accompanying or supplemental document served or disclosed pursuant to the provisions of Order 25 or of rule 3B of this Order”;

• (b) in rule 1A(2), omit the word “medical”; and

• (c) after rule 3A, insert—

(3B) (1) For the purposes of this rule— (a) “clinical negligence” means negligence in connection with the diagnosis of any illness, or the care or treatment of any patient, in consequence of any act or omission to act by a person employed or engaged for such purposes; and (b) “medical evidence” means— (i) the evidence contained in any medical report or other accompanying or supplemental document emanating from the maker of the report which is intended by him to accompany or supplement such report and includes surgical and radiological evidence and any ancillary expert or technical evidence; and (ii) any other evidence of a medical, surgical or radiological nature which a party proposes to adduce at the trial by means of oral testimony. (2) In actions grounded on an allegation of clinical negligence— (a) where the plaintiff proposes to adduce at the trial evidence (other than medical evidence) obtained from any expert for the purpose of assisting the Court in assessing damages, he shall— (i) insofar as he then has in his possession or power that evidence, disclose it to the other party or parties not later than 10 weeks from the close of the pleadings or such other period as the Court may direct; and (ii) insofar as he thereafter obtains any such evidence before the date of the trial, disclose it to the other party or parties within 21 days of receiving it and in any case before the first day of the trial; and (b) where the defendant or any other party proposes to adduce at the trial evidence (other than medical evidence) obtained from any expert for the purpose of assisting the Court in assessing damages, he shall— (i) insofar as he then has in his possession or power that evidence, disclose it to the plaintiff and any other party or parties not later than 20 weeks from the close of the pleadings or such other period as the Court may direct; and (ii) insofar as he thereafter obtains any such evidence before the date of trial, disclose it to the plaintiff and any other party or parties within 21 days of receiving it and in any case before the first day of the trial.

6

In Order 61 of the principal Rules, omit rule 9 and rule 10.

7

In Order 71 of the principal Rules—

• (a) for the heading, substitute “RECIPROCAL ENFORCEMENT OF JUDGMENTS, ENFORCEMENT OF EUROPEAN COMMUNITY JUDGMENTS AND EUROPEAN ORDER FOR PAYMENT PROCEDURE”; and

• (b) after rule 35, insert the new rules set out in Schedule 2.

8

In Order 72 of the principal Rules—

• (a) in rule 1(1), for “This Order” substitute “Subject to rule 10, this Order”; and

• (b) after rule 9, insert—

(10) A judge dealing with any aspect of an action pending in the Chancery Division, who deems the action similar in character to an action which might have been entered in the Commercial List of the Queen’s Bench Division, shall have all the powers of the Commercial Judge in respect of that action.

9

In Order 83 of the principal Rules—

• (a) in rule 11(1), for “section 129(1)(b)”, substitute “section 129(1)(b) or (ba)”; and

• (b) after rule 11(5), insert—

(6) 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).

10

In Order 91 of the principal Rules—

• (a) in rule 1(b)—

• (i) omit “53 or”;

• (ii) for “paragraph 7(3), 32(3) or 35(2) of Schedule 4 to the Finance Act 1975” substitute “section 222 or 249 of the Inheritance Tax Act 1984”[^f00003]; and

• (iii) for “paragraph 7(3)” substitute “section 222”;

• (b) for the heading to rule 2, substitute “Appeal under section 222 of the Inheritance Tax Act 1984”;

• (c) in rule 2(1), for “paragraph 7(3) of Schedule 4 to the Finance Act 1975”, substitute “section 222 of the Inheritance Tax Act 1984”;

• (d) in rule 2(2)(a), for “paragraph 6 of the said Schedule”, substitute “section 221 of the Inheritance Tax Act 1984”;

• (e) for rule 2(2)(b), substitute—

(b) state the date on which the appellant gave to the Board notice of appeal under section 222 and, if the notice was not given within the time permitted, whether Her Majesty’s Revenue and Customs (“HMRC”) have given consent or the tribunal has given permission to the notice being given after the time permitted and where applicable, the date of such consent or permission; and

• (f) for rule 2(4), substitute—

(4) The originating summons must be served on the Board within 30 days of the date on which the appellant gave to the Board notice of appeal under section 222 or, if HMRC have given consent or the tribunal has given permission to the notice being given after the time permitted, within 30 days of the date on which such consent or permission was given.

; and

• (g) after rule 2(7), insert—

(8) In this rule— - “the tribunal” means the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and - “Tribunal Procedure Rules” means the rules governing the practice and procedure to be followed in the First-tier Tribunal and Upper Tribunal.

[^f00004].

11

In Order 94 of the principal Rules—

• (a) in rule 1(i), omit “a VAT and duties tribunal and other”; and

• (b) in rule 2—

• (i) omit paragraph (1)(x);

• (ii) in paragraph (1)(xv), omit the full stop and insert a semi-colon; and

• (iii) after paragraph (1)(xv), insert

(xvi) section 13 of the Tribunals, Courts and Enforcement Act 2007[^f00005].

Savings

12

Order 61, rule 9 and rule 10, Order 91, rule 2(2)(b) and rule 2(4), and Order 94 rule 1(i) and rule 2(1)(x) of the principal Rules as they applied before these Rules came into operation shall continue to have effect in relation to any appeal lodged with the Court before 1st April 2009.

SCHEDULE 1

SCHEDULE 2

Signed

Brian Kerr — Paul Girvan — Declan Morgan — John Gillen — Patrick Coghlin — Tony Caher — Dated 26th May 2009

Signed by the authority of the Lord Chancellor

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

Bridget Prentice — Parliamentary Under-Secretary of State — Ministry of Justice — Dated 10th June 2009

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

These Rules amend the Rules of the Supreme Court (Northern Ireland) 1980 (SR 1980 No. 346) to—

• correct an erroneous reference to the senior Lord Chief Justice;

• make provision for the disclosure of evidence in actions relating to clinical negligence;

• make provision for procedures under Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure;

• provide that a judge hearing an action in the Chancery Division shall have the same powers as the Commercial Judge if the action has been entered in the Commercial list of the Queen’s Bench;

• take account of amendments to the Consumer Credit Act 1974 made by the Consumer Credit Act 2006 in relation to applications for time orders in connection with credit agreements;

• remove references to the VAT and duties tribunal as a result of the transfer of functions of various tax tribunals to the First-tier Tribunal and Upper Tribunal established under the Tribunals, Courts and Enforcement Act 2007 (“the 2007 Act”) and the Transfer of Tribunal Functions and Revenue and Customs Appeal Order 2009 (S.I. 2009/56) (“the 2009 Order”);

• make consequential amendments, insert references to the Inheritance Tax Act 1984 and reflect minor changes to procedure for appeals in revenue proceedings to the High Court as a result of the 2009 Order;

• remove references to the VAT and duties tribunal and to provide for a right of appeal from the Upper Tribunal to the Court of Appeal under section 13 of the 2007 Act; and

• make savings provisions in relation to the application of those rules amended as a result of the 2007 Act and the 2009 Order.

Footnotes

[^f00002]: 1980 No.346 to which the most relevant amendments were made by S.R. 1981 No.128; 1991 No..330; S.R.1992 No.313; 1994 No.286; S.R. 2002 No.202; S.R. 2004 No.108.

[^f00003]: 1984 c.51

[^f00004]: Tribunal Procedure Rules made S.I 2008/2699; S.I 2008/2698; S.I 2008/2686; S.I 2008/2685; S.I 2009/273

[^f00005]: 2007 c.15

[^f00006]: No. L 399, 30.12.2006, p.l.