1. These Rules may be cited as the Rules of the Supreme Court (Northern Ireland) 1980.
[E.r. 1]
2.—(1) Subject to the following provisions of this rule, these Rules shall have effect in relation to all proceedings in the Supreme Court.
(2) These Rules, other than Part II of this Order and Order 4, Order 59 and Order 62 shall not have effect in relation to—
(a)proceedings under the Bankruptcy Acts (Northern Ireland) 1857 to 1980;
(b)proceedings relating to the winding-up of companies;
(c)matrimonial proceedings.
(3) These Rules shall not have effect in relation to any criminal proceedings other than any criminal proceedings to which Order 53, Order 59, Order 62 or Order 79 applies.
(4) In the case of the proceedings mentioned in paragraphs (2) and (3) nothing in those paragraphs shall be taken as affecting any provision of any rules (whether made under the Act or any other statutory provision) by virtue of which these Rules or any provisions thereof are applied in relation to any of those proceedings.
[E.r. 2].
3.—(1) In these Rules, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them namely—
“the Act” means the Judicature (Northern Ireland) Act 1978(1);
“an action for personal injuries” means an action in which there is a claim for damages in respect of personal injuries to the plaintiff or any other person or in respect of a person's death, and “personal injuries” includes any disease and any impairment of a person's physical or mental condition;
“appropriate office” means the office in which the cause or matter is proceeding;
“Central Office” means the Central Office of the Supreme Court;
“master” means a master or registrar of the Supreme Court mentioned in the first column of Schedule 3 to the Act other than the Master (Taxing Office);
“the matrimonial causes rules” means rules made under Article 54 of the Matrimonial Causes (Northern Ireland) Order 1978(2);
“originating summons” means every summons other than a summons in a pending cause or matter;
“pleading” does not include a writ (except a statement of claim indorsed thereon), a petition, summons or preliminary act;
“probate action” has the meaning assigned to it by Order 76;
“receiver” includes a manager or consignee;
“vacation” means the interval between the end of any of the sittings mentioned in Order 64, rule 1, and the beginning of the next sittings;
“writ” means a writ of summons.
(2) In these Rules, unless the context otherwise requires, “the Court” means the High Court or any one or more judges thereof whether sitting in court or in chambers or any master, but the foregoing provision shall not be taken as affecting any provision of these Rules or, in particular, Order 32, by rule 11, virtue of which the jurisdiction of a master is define, and regulated.
[E.r. 4]
4.—(1) Unless the context otherwise requires, any reference in these Rules to a specified Order, rule or Appendix is a reference to that Order or rule of or that Appendix to, these Rules and any reference to a specified rule, paragraph or sub-paragraph is a reference to that rule of the Order, that paragraph of the rule or that sub-paragraph of the paragraph in which the reference occurs.
(2) Any reference in these Rules to anything done under a rule of these Rules includes a reference to the same thing done before the commencement of that rule under any corresponding rule of court ceasing to have effect on the commencement of that rule.
(3) Except where the context otherwise requires, any reference in these Rules to any statutory provision shall be construed as a reference to that provision as amended, extended or applied by or under any other statutory provision.
[E.r. 5]
5. Except where the context otherwise requires, references in these rules to an action or claim for the possession of land shall be construed as including references to proceedings against the Crown for an order declaring that the plaintiff is entitled as against the Crown to the land or to the possession thereof.
[E.r. 6]
6. For references in these Rules to the Lord Chief Justice there shall be substituted references to the senior Lord Justice of Appeal in relation to any period during which the functions of the Lord Chief Justice are being exercised by the senior Lord Justice of Appeal pursuant to section 11 of the Act.
[E.r. 7]
7. Any reference in these Rules to the Treasury shall, where the reference occurs in a provision relating to the giving of permission by the Treasury under the Exchange Control Act 1947 for the payment of money, be construed as including a reference to any person to whom the power of the Treasury to give such permission has been duly delegated.
[E.r. 8]
8. The forms in the Appendices shall be used where applicable with such variations as the circumstances of the particular case require.
[E.r. 9]
9. Nothing in these Rules shall prejudice any power to regulate the practice of the Court by giving directions enabling any business or class of business to be conducted by post.
[E.r. 10]
10. There shall be assigned to the Chancery Division—
(a)all causes and matters (other than Admiralty) for any of the following purposes—
(i)the administration of the estates of deceased persons;
(ii)the dissolution of partnerships or the taking of partnership or other accounts;
(iii)the redemption or foreclosure of mortgages;
(iv)the raising of portions or other charges on land;
(v)the sale and distribution of the proceeds of property subject to any lien or charge;
(vi)the execution of trusts, charitable or private;
(vii)the rectification, setting aside or cancellation of deeds or other written instruments;
(viii)the specific performance of contracts between vendors and purchasers of land, including contracts for leases;
(ix)the partition or sale of land;
(b)an proceedings under the Bankruptcy Acts (Northern Ireland) 1857 to 1980 and the Companies Acts (Northern Ireland) 1960 and 1978;
(c)all causes and matters which under, by virtue of, or in pursuance of any statutory provision were assigned to the Chancery Judge or the Chancery Division of the High Court immediately before the coming into force of this Order;
(d)all causes and matters which under, by virtue of or in pursuance of any statutory provision are assigned to the Chancery Judge or the Chancery Division.
11. There shall be assigned to the Queen's Bench Division—
(a)all causes and matters civil and criminal which were within the jurisdiction of the Queen's Bench Division immediately before the coming into force of this Order;
(b)the Admiralty jurisdiction of the High Court;
(c)proceedings under Part VII of the Judgments (Enforcement) Act (Northern Ireland) 1969(3) except such proceedings as by this Order are assigned to the Family Division;
(d)all causes and matters not assigned by this Order or any other statutory provision to another division.
12. There shall be assigned to the Family Division—
(a)all causes and matters in relation to—
(i)the grant and revocation of probate of wills and letters of administration of estates of deceased persons;
(ii)divorce, nullity of marriage, judicial separation, or jactitation of marriage, or subject to rule 1, any matter arising therefrom or connected therewith, a decree of presumption of death and dissolution of marriage and any other matters with respect to which rules of court may be made by virtue of Article 54(1) of the Matrimonial Causes (Northern Ireland) Order 1978;
(iii)wardship, adoption and guardianship of minors;
(b)proceedings under—
(i)the Maintenance Orders (Facilities for Enforcement) Act 1920(4), Part II of the Maintenance Orders Act 1950(5) and the Maintenance and Affiliation Orders Act (Northern Ireland) 1966(6);
(ii)the Legitimacy Declaration Act (Ireland) 1868(7);
(iii)section 13(8) of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966;
(iv)Part VII of the Judgments (Enforcement) Act (Northern Ireland) 1969 in relation to orders made by the Court in matrimonial proceedings for the payment of money or by the Enforcement of Judgments Office in relation to the enforcement of such orders;
(c)proceedings for a declaration with respect to a person's matrimonial status;
(d)all jurisdiction in relation to patients exercisable before the coming into force of section 28 of the Act by the Lord Chief Justice, or any other person under the Lunacy Regulation (Ireland) Act 1871(8) or any other statutory provision or by virtue of Her Majesty's Sign Manual;
(e)all causes and matters which under, by virtue of or in pursuance of any Statutory provision are assigned to the Family Division.
13. There shall be transacted in the Central Office—
(a)all business in connection with causes and matters assigned to the Queen's Bench Division;
(b)all business in connection with the jurisdiction of the Court of Appeal;
(c)all the business heretofore transacted in the Central Office, except such business as by this Order is assigned to any other office.
14. There shall be transacted in the Chancery Office all business in connection with causes and matters assigned to the Chancery Division, except such business as by rule 13(b) and rule 15 is assigned to the Central Office and the Bankruptcy and Companies Office respectively.
15. There shall be transacted in the Bankruptcy and Companies Office all business in connection with proceedings under the Bankruptcy Acts (Northern Ireland) 1857 to 1980 and the Companies Acts (Northern Ireland) 1960 and 1978, except such business as by rule 13(b) is assigned to the Central Office.
16. There shall be transacted in the Probate and Matrimonial Office all business in connection with causes and matters assigned to the Family Division, except such business as by rule 13(b) and rule 17 is assigned to the Central Office and the Office of Care and Protection respectively.
17. There shall be transacted in the Office of Care and Protection all business in connection with causes or matters assigned to the Family Division under rule 12(a)(iii) and (d).
18. There shall be transacted in the Taxing Office—
(a)the taxation of—
(i)all costs in civil proceedings in the High Court and Court of Appeal;
(ii)all costs in criminal proceedings in the Crown Court and Court of Appeal;
(iii)all costs of or incidental to any proceedings before an arbitrator or umpire or before a tribunal or other body constituted by or under any statutory provision (not being proceedings in the Supreme Court) where such costs are, by virtue of any statutory provision, taxable in the High Court;
(iv)all costs taxable pursuant to an order made by the Taxing Master under the Solicitors (Ireland) Act 1849(9) or Article 66(2) of the Solicitors (Northern Ireland) Order 1976(10);
(v)all other costs which under any statutory provision are required to be taxed or assessed by the Master (Taxing Office);
(b)the measurement of a liquidator's remuneration pursuant to Order 74, rule 33 of the Rules of the Supreme Court (Northern Ireland) 1936(11);
(c)the measurement of an accountant's remuneration pursuant to Order 88, rule 200 of the Rules of the Supreme Court (Northern Ireland) 1936.