The County Court (Amendment) Rules (Northern Ireland) 2017

Made: 17th January 2017

Coming into operation: 13th February 2017

The County Court Rules Committee makes and the Department of Justice, after consultation with the Lord Chief Justice, allows the following Rules in exercise of the powers conferred by Article 47 of the County Courts (Northern Ireland) Order 1980[^f00001].

Citation, commencement and interpretation

1

These Rules may be cited as the County Court (Amendment) Rules (Northern Ireland) 2017 and shall come into operation on 13th February 2017.

2

In these Rules—

• (a) “the principal Rules” means the County Court Rules (Northern Ireland) 1981[^f00002]; and

• (b) a reference to an Order, Rule, paragraph, Appendix or Form is a reference to that Order, Rule, paragraph, Appendix or Form so numbered in the principal Rules.

Amendments to the principal Rules

3

The principal Rules are amended as follows—

• (1) In Order 15, for Rule 17 substitute—

(17) Where a party— (a) against whom an order is made under Rule 12 or Rule 16; or (b) on whom interrogatories without order have been served, fails to comply with Rule 12(4), the judge or district judge, as the case may be, may make such order as he thinks just including, in particular, an order that the action be dismissed or, as the case may be, an order that the notice of intention to defend be struck out and judgment entered accordingly.

• (2) In Order 19, Rule 5 from “(a)” to “2014” substitute—

(a) £34.10 as from 13 February 2017; or (b) £34.61 as from 13 February 2018.

• (3) In Order 21, Rule 2(2), for sub-paragraph (b) substitute—

(b) in any other action— (i) within twenty-eight days of service of the plaintiff’s medical evidence served in accordance with Rule 39 of Order 24; (ii) where medical evidence is served in accordance with Rules 40, 41, 47 or 48 of Order 24, within fourteen days of service of such evidence and in any case before the first day of hearing; or (iii) in any other case, within twenty-eight days of service of the notice of intention to defend.

• (4) In Order 24, Rule 9, for paragraph (7A) substitute—

(7A) The sum to be paid or tendered under paragraph (7)(a) to— (a) a police officer is— (i) £13.36 as from 13 February 2017; or (ii) £13.55 as from 13 February 2018; and (b) any other person is— (i) £18.81 as from 13 February 2017; or (ii) £19.09 as from 13 February 2018.

• (5) In Order 33, Rule 10, paragraph (6) from “(a)” to “2014” substitute—

(a) £7.74 as from 13 February 2017; or (b) £7.86 as from 13 February 2018.

• (6) In Order 55, Rule 17 from “(a)” to “2014” substitute—

(a) £2.88 as from 13 February 2017; or (b) £2.93 as from 13 February 2018.

• (7) For Appendix 2 substitute the new Appendix 2 set out in the Schedule to these Rules.

SCHEDULE 1

Signed

David K McFarland — Ruth Collins — Alistair F Devlin — Patrick Mullarkey — Dated 16th January 2017

In exercise of the powers conferred by Article 47(4) of the County Courts (Northern Ireland) Order 1980, I allow these Rules.

Sealed with the Official Seal of the Department of Justice on 17th January 2017

Claire Sugden — Minister of Justice

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

These Rules amend the County Court Rules (Northern Ireland) 1981 (S.R. 1981 No. 225) to—

• provide for enforcement of interrogatories served without order;

• make provision for lodgements to be made after service of medical evidence other than the plaintiff’s;

• amend Orders 19, 24, 33 and 55 and insert a new Appendix 2 to increase costs over a two year period (1.5% in 2017 with a further 1.5% increase to take effect in 2018).

Footnotes

[^f00001]: S.I. 1980/397 (N.I.3), to which the most recent relevant amendments were made by the Constitutional Reform Act 2005 (c.4) and paragraph 33 of Schedule 17 to, and paragraph 118 of Schedule 18 to, the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010 No.976)

[^f00002]: S.R. 1981 No. 225, to which the most recent relevant amendments were made by S.R. 2004 No. 463 and S.R. 2016 No. 302

[^f00003]: S.I. 1977/1247 (N.I.14)

[^f00004]: S.I. 1988/793 (N.I.4)

[^f00005]: 1996 c.22 (N.I.)

[^f00006]: 2000 c.11