The County Court (Amendment) Rules (Northern Ireland) 2013

Citation, commencement and interpretation

1.  These Rules may be cited as the County Court (Amendment) Rules (Northern Ireland) 2013 and shall come into operation on 25th February 2013.

2.  In these Rules, a reference to an Order, rule, Appendix or Form is a reference to that Order, rule, Appendix or Form so numbered in the County Court Rules (Northern Ireland) 1981(1).

Amendments to the County Court Rules (Northern Ireland) 1981

3.  In every place it occurs for “the Judge” substitute “the judge”.

4.  In the following Orders or rules as the case may be, after “the judge”, or “the Judge” in each place it occurs insert “or district judge as the case may be”—

(a)Order 2,

(b)Order 3,

(c)Order 4,

(d)Order 5,

(e)Order 6,

(f)Order 7, rule 6, 7(4) and 8,

(g)Order 8, rule 3(2), 6 and 7,

(h)Order 9,

(i)Order 10,

(j)Order 11, rule 2 and 3,

(k)Order 13,

(l)Order 14, rule 5(5), 7(1), 8, 10, and rule 11(1),

(m)Order 15,

(n)Order 16,

(o)Order 21, rule 1, 2(4), 3(1), 3(4), 3(5), 3A, 4 and 5,

(p)Order 22, Part I and rule 9,

(q)Order 24,

(r)Order 25, Part I and Part III,

(s)Order 30,

(t)Order 35,

(u)Order 39,

(v)Order 41,

(w)Order 42, rule 2(d) and rule 3(5),

(x)Order 43, rule 1, 2, 7, 9, 10, 14, 15, 16, 19, 20, 24 and 25,

(y)Order 44,

(z)Order 45,

(aa)Order 47,

(bb)Order 49,

(cc)Order 55, rule 3, 6, 7, 10, 11, 12, 14(4), 14(6), 18, and 20, and

(dd)Order 57 rule 1(1)(a).

5.  In Order 5, rule 2(6) for “£15,000” substitute “£30,000”.

6.  In Order 5 for rule 3 substitute—

“Notice for further particulars

3.—(1) In any case to which Rule 2(4) does not apply, the defendant may require the plaintiff, by notice in writing served within 14 days after service of the notice of intention to defend, to furnish further particulars of claim within 14 days of service of the notice for particulars.

(2) In any case to which Rule 2(4) does not apply, the plaintiff may require the defendant by notice in writing served within 14 days after service of the particulars of claim or where no notice for further particulars of claim has been served, within 14 days of service of the notice of intention to defend, to furnish particulars of any defence, set off or counterclaim within 14 days of service of the notice for particulars.

(3) Where under paragraphs (1) and (2) particulars have been duly required and—

(a)have not been furnished within the time specified in the notice; or

(b)if furnished, are in the opinion of the judge or district judge insufficient;

the judge or district judge may make such order as he thinks just including, in particular, an order that the proceedings be dismissed or, as the case may be, an order that the notice of intention to defend be struck out and judgment be entered accordingly.

(4) Any costs occasioned by service of a notice under paragraph (1) or (2) shall be at the discretion of the judge or district judge as the case may be.

(5) Where a defendant has served a third party notice this Rule shall, with any necessary modifications, apply as if the third party were a defendant and a plaintiff.

(6) In this Rule the words “plaintiff” and “defendant” respectively shall include a plaintiff and defendant to a counterclaim.”.

7.  In Order 6A, rule 5(1) for “£5,000” substitute “£10,000”.

8.  In Order 8, rule 3—

(a)in paragraph (1A) before “A certificate” insert “Subject to paragraph (1B),”;

(b)after paragraph (1A) insert—

“(1B) The plaintiff must notify the defendant in writing of his intention to lodge the certificate of readiness no later than 14 days prior to lodging the certificate.”.

9.  For Order 14 rule 1 substitute—

“General procedure

1.—(1) Where by any enactment or by direction of the court any application in the course of an action or matter is expressly or by implication authorised to be made to the court or to the judge or to the district judge or chief clerk, the following provisions shall apply—

(a)the application shall be made either in or out of court and either ex parte or on notice in accordance with the terms of the relevant enactment or direction;

(b)in the absence of any express provision to the contrary the application shall be determined by the judge (or district judge as the case may be) without a hearing, unless—

(i)either party requests a hearing; or

(ii)the judge (or district judge as the case may be) otherwise directs;

(c)where either party requests that the application be dealt with by way of hearing, the party shall specify the reasons;

(d)a party may within 14 days of service of the application, object to the application being determined without a hearing, by filing in court, a notice in writing specifying the reasons;

(e)an objection made under sub-paragraph (d) shall be served on the other party;

(f)unless an objection to the application being dealt with without a hearing is received within 14 days of service of the application on the other party, it will be assumed that the other party consents to the application being determined without a hearing (unless the judge or district judge otherwise directs);

(g)where a request for a hearing under sub-paragraph (b) or an objection under sub-paragraph (d) is received, the application or objection shall be placed before the judge or district judge for consideration who may—

(i)determine the application without a hearing and make such order as he considers just; or

(ii)direct that the matter be listed for a hearing;

(h)where an application is made on notice—

(i)the notice shall be in writing and shall be served on the other party and filed in the Office before the beginning of a period of two days ending on the day of hearing of the application unless the judge or district judge or chief clerk dispenses with notice or gives leave for shorter notice; and

(ii)the party serving the notice shall be responsible for ascertaining that the judge or district judge or, as the case may be, the chief clerk will be available to hear the application on the day, at the time and in the place for which notice is served;

(i)where a district judge or chief clerk has made an order to which this order applies, any party may make an application to the judge on notice to vary or rescind the order and on determination of the application the judge may—

(i)confirm;

(ii)vary;

(iii)rescind the order; or

(iv)make any other order as he thinks fit.

(2) The jurisdiction of the court to determine any application in the course of an action or matter—

(a)may, by direction or with the consent of the judge, be exercised by the district judge unless there is a provision to the contrary in any enactment;

(b)shall, in an action which is within the jurisdiction of the district judge, be exercised by the district judge.”.

10.  In Order 14 for rule 6 substitute—

“Application for interim injunction, etc

6.—(1) Where any party or intending party desires, before the hearing, an immediate order—

(a)in the nature of an injunction; or

(b)for the appointment of a receiver; or

(c)for taking any accounts; or

(d)for making any inquiries;

he may apply to the judge or district judge on affidavit setting forth the facts rendering the order immediately necessary and the judge or district judge may make such order as he thinks fit.

(2) Where a district judge makes an interim order under paragraph (1) above, the application must be brought before a judge within 7 days of that interim order being made.”.

11.  In Order 15—

(a)in rule 1—

(i)for paragraphs (1), (2) and (3) substitute—

“1.—(1) Within 14 days of further particulars being furnished in accordance with Order 5 rule 3(2) there shall, subject to and in accordance with the provisions of this Order, be discovery by any party to any proceedings of the documents which are or have been in their possession, custody or power relating to any matter in question in the proceedings.

(2) Nothing in this Order shall be taken as preventing the parties agreeing to dispense with or limit the discovery of documents which they would otherwise be required to make to each other.

(2A) Subject to the provisions of this rule, the parties to proceedings must make discovery by exchanging lists of documents in Form 68 which are or have been in his possession, custody or power relating to any matter in question between them in the proceedings.

(2B) Without prejudice to any directions given by the district judge under Order 11 rule 2B, paragraph (2A) shall not apply in third party proceedings, including proceedings under that Order involving fourth or subsequent parties.

(2C) Unless the chief clerk, judge or district judge otherwise orders, in any proceedings where liability is admitted or where the proceedings arise out of an accident on land due to a collision or apprehended collision involving a vehicle, discovery shall be limited to disclosure of any documents in relation to special damage.

(2D) Paragraph (2A) shall not be taken as requiring a defendant in proceedings for the recovery of any penalty recoverable by virtue of any enactment to make discovery of any documents.

(2E) Paragraphs (2C) and (2D) shall apply in relation to a counterclaim as they apply in relation to any proceedings.

(2F) On the application to the chief clerk of any party required by this rule to make discovery of documents, the chief clerk, or where the application has been referred to the judge or district judge in chambers, the judge or district judge may—

(a)order that the parties to the action or any of them shall make discovery under paragraph (2A) of such documents or classes of documents only, or as to such only of the matters in question, as may be specified in the order; or

(b)if satisfied that discovery by all or any of the parties is not necessary, or not necessary at that stage of the action, order that there shall be no discovery of documents by any or all of the parties either at all or at that stage;

and the chief clerk, judge or district judge shall make such an order and so far as he is of the opinion that discovery is not necessary either for disposing fairly of the proceedings or for saving costs.

(2G) An application for an order under paragraph (2F) may be made to the chief clerk ex parte without notice and before the expiration of the period within which, by virtue of this rule, discovery of documents in the action is required to be made.

(3) If any party fails to comply with paragraphs (1) and (2A) the other party may apply to the chief clerk ex parte without notice for an order directing the other party to make discovery.”;

(ii)omit paragraph (4);

(iii)in paragraph (5) for “in Form 68B” substitute “under paragraph (3)”;

(iv)omit paragraph (10);

(b)for rule 12 substitute—

“Discovery by interrogatories

12.—(1) Any party to any proceedings may in accordance with the following provisions of this Part serve on any other party interrogatories relating to any matter in question between the applicant and that other party in the proceedings which are necessary either—

(a)for disposing fairly of the proceedings; or

(b)for saving costs.

(2) Without prejudice to the provisions of paragraph (1), a party may apply to the judge or district judge as the case may be on notice for an order giving him leave to serve on any other party interrogatories relating to any matter in question between the applicant and that other party in the proceedings.

(3) A proposed interrogatory which does not relate to such a matter as is mentioned in paragraph (1) shall be disallowed notwithstanding that it might be admissible in oral cross-examination of a witness.

(4) Interrogatories shall be answered on affidavit (unless the judge or district judge directs otherwise) and the affidavit shall be delivered to the applicant within the time specified in the—

(a)interrogatories (not being less than 21 days from the date of service); or

(b)order.

(5) In this Part—

“interrogatories without order” means interrogatories served under paragraph (1);

“ordered interrogatories” means interrogatories served under paragraph (2) or interrogatories which are required to be answered pursuant to an order made on an application under rule 12A(2) and, where such an order is made, the interrogatories shall not, unless the judge or district judge orders otherwise, be treated as interrogatories without order for the purposes of rule 12A(1).

(6) Unless the context otherwise requires, the provisions of this Part apply to both interrogatories without order and ordered interrogatories.”;

(c)after rule 12 insert—

“Interrogatories without order

12A.—(1) Interrogatories without order may be served on a party not more than twice.

(2) A party on whom interrogatories without order are served may, within 14 days of service of the interrogatories, apply to the judge or district judge for the interrogatories to be varied or withdrawn and, on any such application, the judge or district judge may make such order as he thinks fit (including an order that the party who served the interrogatories shall not serve further interrogatories without order).

(3) Interrogatories without order shall not be served on the Crown.

Ordered interrogatories

12B.—(1) Where an application is made for leave to serve interrogatories, a copy of the proposed interrogatories shall be served with the notice of application and filed in the Office before the beginning of a period of two days ending on the day of hearing of the application.

(2) In deciding whether to give leave to serve interrogatories the judge or district judge shall take into account any offer made by the party to be interrogated to give particulars or to make admissions or to produce documents relating to any matter in question and whether or not interrogatories without order have been administered.

(3) If an order is made granting leave to serve interrogatories it shall be drawn up by the applicant in Form 69A and shall be signed and sealed by the chief clerk who shall file the order and issue a certificate copy to the applicant or his solicitor for service.”.

12.  In Order 19 (Assessors) for rule 5 (Remuneration) substitute—

“Remuneration

5.  Every assessor shall receive for each half day’s attendance a fee of—

(a)£32.96 as from 25 February 2013; or

(b)£33.60 as from 25 February 2014

together with such sum for his expenses as the Judge or district judge may order.”.

13.  In Order 21, in rule 2(2)(b) for “Rule 36” substitute “Rule 39”.

14.  In Order 24—

(a)in rule 2B(1) for “any medical report or other accompanying or supplemental document served or disclosed pursuant to the provisions of this Order” substitute “any report or other accompanying or supplemental document served or disclosed pursuant to the provisions of Part III or rule 2D of this Order”;

(b)in rule 2B(2) omit the word “medical”;

(c)after rule 2C insert—

“Disclosure of evidence in clinical negligence actions

2D.—(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 hearing evidence (other than medical evidence) obtained from any expert for the purpose of assisting the judge or district judge as the case may be 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 within 14 days after service upon him of the defendant’s notice of intention to defend; and

(ii)insofar as he thereafter obtains any such evidence before the date of hearing, disclose it to the defendant and any other party or parties within 21 days of receiving it and in any case before the hearing.”;

(d)in rule 9(7)(a)—

(i)for “£12.65” substitute “the fee set out in paragraph (7A)”; and

(ii)omit “£17.82”;

(e)after rule 9(7) insert-

“(7A) The sum to be paid or tendered under paragraph (7)(a) to –

(a)a police officer is-

(i)£12.90 as from 25 February 2013; or

(ii)£13.16 as from 25 February 2014; and

(b)any other person is-

(i)£18.18 as from 25 February 2013; or

(ii)£18.53 as from 25 February 2014.”;

(f)for Part III substitute the Part set out in Schedule 1.

15.  In Order 33 (Decrees), in rule 10 for paragraph (6) substitute-

“(6) Where the decree is such as is referred to in paragraph (4), the statement shall specify the total amount of the instalments (if any) paid to the date of the affidavit lodged under paragraph (3) and the decree shall issue for the whole amount remaining due on foot of the decree after deducting such instalments (if any) as have been paid thereunder as shown in the said affidavit but with the addition to the costs therein stated of a sum of-

(a)£7.49 as from 25 February 2013; or

(b)£7.63 as from 25 February 2014

as the costs and outlay of the said affidavit.”.

16.  In Order 55, rule 11(1)—

(a)in sub-paragraph (b) omit “or”;

(b)after sub-paragraph (b) insert—

“(ba)claimed diffuse mesothelioma or any asbestosis related disease; or”;

(c)in sub-paragraph (c)(vi) omit “or”;

(d)after sub-paragraph (c)(vii) insert—

“(viii)the Consumer Credit Act 1974; or

(ix)the Special Educational Needs and Disability (Northern Ireland) Order 2005.”.

17.  In Order 55, rule 11 omit paragraphs (4) and (5).

18.  In Order 55 for rule 17 substitute—

“Services fee for postal service

17.  Where service of a civil bill or other document has been effected by post under Rule 3(2)(a) of Order 6, the solicitor shall be entitled to a fee inclusive of outlay in lieu of the fees payable to process servers as follows-

(a)£2.78 as from 25 February 2013; or

(b)£2.84 as from 25 February 2014.”.

19.  In Order 55, rule 19(1)(a) for “£5,000” substitute “£10,000”.

20.  In Form 2, for “Judge” substitute “judge or district judge”.

21.  In Form 19, for “£15,000” substitute “£30,000”.

22.  In Form 45, after “RECORDER” insert “/DISTRICT JUDGE”.

23.  In Form 47, after “RECORDER” insert “/DISTRICT JUDGE”.

24.  In Form 48, after “RECORDER” insert “/DISTRICT JUDGE”.

25.  In Form 68, in the heading for “ORDER 15, RULE 1(1)” substitute “ORDER 15, RULE 1(2A)”.

26.  Omit Form 68A.

27.  In Form 69A—

(a)in the heading for “ORDER 15, RULE 12(5)” substitute “ORDER 15, RULE 12B(3)”;

(b)for “Judge” substitute “judge or district judge”.

28.  For Appendix 2 substitute the new Appendix 2 set out in Schedule 2.

Savings

29.  The amendments made by rules 5, 7, and 19 shall not affect any proceedings which are pending immediately before these Rules come into operation and the Rules in operation before that date shall continue to apply to those proceedings.

The undersigned members of the County Court Rules Committee certify these Rules and submit them to the Department of Justice.

David K. McFarland

Corinne E. Philpott

Barry Valentine

Brian J. Stewart

Dorcas Crawford

A. E. Wells

Dated 18th January 2013

In exercise of the powers conferred by Article 47(4) of the County Courts (Northern Ireland) Order 1980 and after consultation with the Lord Chief Justice, I allow these Rules which shall come into operation on 25th February 2013.

Sealed with the Official Seal of the Department of Justice on 31st January 2013

David Ford

Minister of Justice