County Court Rules (Northern Ireland) 1981

ORDER 11Third party procedure

Generally

1.—(1) where a defendant claims to be entitled to any contribution, indemnity or other relief over against any person not a party to the action (in this Order referred to as a “third party”) he may, before the beginning of a period of seven days ending on the entry day, serve on the third party in like manner as a civil bill a third party notice in Form 49, together with a copy of the civil bill in the action.

(2) A third party notice may be served at any place in Northern Ireland and shall be entered in the same manner as a civil bill.

(3) When the third party notice has been served, a copy thereof shall forthwith be delivered to the plaintiff by post or otherwise and a copy thereof lodged with the chief clerk.

Effect of service of notice

2.  Subject to any order of the judge, the notice shall have effect as if it were a civil bill served by the defendant on the third party.

Hearing

3.  The judge at the hearing—

(a)may give such directions or make such orders as he thinks appropriate for determining the issue between the parties; and

(b)may pronounce such decree as the nature of the case may require and may make such order as to the costs of the third party proceedings as he considers just.

Application

4.  The foregoing Rules shall apply mutatis mutandis where—

(a)a defendant claims to be entitled to any contribution, indemnity or other relief over against any other defendant; but a third party notice served on a defendant need not be accompanied by a copy of the civil bill;

(b)a third party claims to be entitled to any contribution, indemnity or other relief over against another person not a party to the action (who may be known as a “fourth party”); and

(c)a fourth party or any subsequent party in like case makes a like claim against a person not a party to the action.

5.  In this Order the words “plaintiff” and “defendant” respectively shall include a plaintiff and a defendant to a counterclaim.