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COUNTY COURTS (NORTHERN IRELAND) ORDER 1980

COUNTY COURTS (NORTHERN IRELAND) ORDER 1980 - LONG TITLE

[19th March 1980]
[{2}Article 107 of the Judgments Enforcement (Northern Ireland) Order
1981|]. 6 Parties a representative of a deceased person may sue or
be sued in like manner as if he were a party in his own right;
C >>( b ) a person rendering himself an executor de son tort may
be sued as if he were a rightful executor but shall not be liable
beyond the amount of the assets actually received by him; C >>( c
) a minor may sue as if he were of full age for money due to
him under a contract of service or for work done by him; C >>( d
) no proceedings shall abate by reason of the marriage, death or
bankruptcy of any party, where the cause of action survives or
continues, nor by reason of the assignment, creation or devolution
of any estate or title pendente lite . N Third and subsequent
parties A> 40. (1) In any action where C >>( a ) a defendant
claims to be entitled to contribution or indemnity from or other
relief over against another defendant or any person not a party to
the action (in this Article referred to as a ""third party''); C
>>( b ) a third party makes a like claim against any other
person, whether a party to the action or not (in this Article
referred to as a ""fourth party''), Ba county court shall have
jurisdiction to grant, subject to county court rules, any such
relief as may be granted in the like case by the High Court to a
defendant or third party. B>(2) Subject to county court rules, the
practice and procedure as between a defendant and a third party and
as between a third party and a fourth party shall be the same as
the practice and procedure as between a plaintiff and defendant.
B>(3) County court rules shall apply the foregoing provisions of
this Article to C >>( a ) any action wherein a fourth party
makes, as such, a claim against another person not a party to the
action; and C >>( b ) any action wherein any subsequent like
claims are made successively. B>(4) A party shall not be prejudiced
or unnecessarily delayed in the prosecution of his claim by reason
of questions between other parties in which he is not concerned. 6
Process ]
to enforce the decree it appears to the satisfaction of the judge
that any party to any proceedings is unable from any cause to pay
any sum decreed against him, the judge may in his discretion stay
the execution of the decree for such time and on such terms as
the judge thinks fit.

COUNTY COURTS (NORTHERN IRELAND) ORDER 1980 - SECT 46

46.(1) There shall be a committee known as the County Court Rules
Committee (in this Order referred to as "the Rules Committee") which
shall be appointed by the Lord Chancellor and shall consist of

(a)three county court judges (of whom one shall be the chairman);

(b)two barristers-at-law;

(c)two solicitors;

(d)one circuit registrar;

(e)one chief clerk; and

(f)one other person.

(2) Nothing done by the Rules Committee shall be invalid by reason
only of a vacancy among the members thereof.

(3) The Rules Committee shall have power to regulate its own quorum
and procedure.

(4) The secretary of the Rules Committee shall be such person as
the Lord Chancellor shall from time to time designate.

(5) The Rules Committee for the purpose of performing its functions
may incur such expenses as may be approved by the Lord Chancellor.

COUNTY COURTS (NORTHERN IRELAND) ORDER 1980 - SECT 47

47.(1) For the purposes of or in relation to any jurisdiction
exercisable by county courts, any such rules as are referred to in
section 21(1) and (2) of the Interpretation Act (Northern Ireland)
1954 or Article 48 may

(a)be made by the Rules Committee in accordance with Article 46 and
the following provisions of this Article; and

(b)be known as "county court rules".

(2) County court rules made by the Rules Committee shall

(a)be certified under the hand of the members of the Rules
Committee, or any three or more of them; and

(b)when certified under sub-paragraph (a), be submitted to the Lord
Chancellor who, after consultation with the Lord Chief Justice, may
allow, disallow or alter them.

(3) County court rules made by the Rules Committee, as allowed or
altered by the Lord Chancellor, shall come into operation on such
date as the Lord Chancellor may direct.

COUNTY COURTS (NORTHERN IRELAND) ORDER 1980 - SECT 48

48. Without prejudice to the generality of section 21 of the
Interpretation Act (Northern Ireland) 1954, the Rules Committee may,
notwithstanding anything in any statutory provision, make county court
rules with respect

(a)to all matters of procedure or practice, or matters relating to
or concerning the effect or operation in law of any procedure or
practice, in any civil proceedings within the jurisdiction of county
courts as to which rules of court have been or might lawfully be
made for proceedings within the cognizance of the High Court;

(b)without prejudice to the generality of paragraph (a)

(i)to prescribing the circumstances in which civil proceedings may be
transferred from one court to another, and the procedure preliminary
to and consequent upon such transfer;

(ii)to authorising any civil actions in which the defendant fails to
appear at the hearing or admits the claim to be heard and
determined by the prescribed officer or by a circuit registrar;

<(iii)to authorising a decree to be obtained through the Office in any action in which, if it had been brought in the High Court, the  plaintiff could have obtained judgment by default;

<(iv)to providing that in such cases or classes of case as may be prescribed the costs are to be in the discretion of the judge;

(c)to regulating matters of practice, procedure and costs in cases
within the appellate jurisdiction of county courts;

(d)to regulating or providing for any matter which immediately before
1st April 1960 was regulated or provided for or authorised by any
statutory provision to be regulated or provided for by county court
rules or county court orders;

(e)to the amendment or repeal of any statutory provision relating to
or affecting practice or procedure in the county court.

COUNTY COURTS (NORTHERN IRELAND) ORDER 1980 - SECT 49

49. In any case not expressly provided for by or under this Order
the practice and procedure of the High Court in like matters shall
be followed by a county court with such modifications as the judge
may in any particular case permit or direct.

COUNTY COURTS (NORTHERN IRELAND) ORDER 1980 - SECT 50

50.(1) In any proceedings in a county court the right of audience
shall extend only to

(a)any party to the proceedings;

(b)a barrister-at-law retained by or on behalf of any party;

(c)a solicitor acting generally in the proceedings for a party
thereto, or a solicitor employed by one so acting, but not a
solicitor retained as an advocate by a solicitor so acting;

(d)any other person (including another solicitor) allowed by leave of
the court in special circumstances to appear instead or on behalf
of any party.

(2) Paragraph (1) shall be construed subject to Article 5 of the
European Communities (Services of Lawyers) Order 1978.

COUNTY COURTS (NORTHERN IRELAND) ORDER 1980 - SECT 51

51. A county court shall have the like power to enforce an
undertaking given by a solicitor in relation to any proceedings in
that court as the High Court has to enforce an undertaking so
given in relation to any proceedings in the High Court.

COUNTY COURTS (NORTHERN IRELAND) ORDER 1980 - SECT 52

52.(1) An under-sheriff for a county court division shall be an
officer of the county court for that division and as such shall be
subject to any directions given to him by the judge with respect
to the performance of his functions at or in relation to that
court.

(2) An under-sheriff shall not directly or indirectly practise as a
barrister or solicitor in any criminal proceedings before any county
court of which he is an officer.

(3) Every under-sheriff shall for the due performance of his
functions have and maintain in accordance with county court rules an
office in the county court division for which he is under-sheriff,
or in a town in which sittings are held of any county court of
which he is such officer as aforesaid.

COUNTY COURTS (NORTHERN IRELAND) ORDER 1980 - SECT 53

53.(1) Where a judge is satisfied that the services of an
interpreter or a shorthand-writer are necessary or expedient for the
doing of justice between the parties to any proceedings before him,
he may, subject to directions given by the Lord Chancellor, appoint
as interpreter or as shorthand-writer in those proceedings any person
appearing to him to be properly qualified.

(2) The remuneration and expenses of any person appointed as
aforesaid shall be in accordance with such scale as may be fixed
by the Lord Chancellor with the approval of the Minister for the
Civil Service.

COUNTY COURTS (NORTHERN IRELAND) ORDER 1980 - SECT 54

54.(1) Any person summoned in accordance with county court rules as
a witness in a civil action or matter in a county court to whom
at the time of the service of the summons there is paid or
tendered such sum as may be prescribed in respect of his expenses
(including in such cases as may be prescribed compensation for loss
of time)

(a)who refuses or neglects without sufficient cause to appear or to
produce any documents required by the summons to be produced; or

(b)refuses to be sworn or give evidence;

(2) Any person present in court who being required to give evidence
refuses to be sworn or give evidence shall be guilty of a contempt
of the court.

(3) A person guilty of contempt of court under this Article shall,
without prejudice to paragraph (4), be liable to the penalties
provided by Article 55(2).

(4) The judge imposing a fine for any contempt under this Article
may, notwithstanding anything in any statutory provision, order the
whole or part of the amount thereof to be applied towards
indemnifying the party injured by the refusal or neglect.

(5) Paragraphs (1) to (4) shall apply to a debtor summoned under
[Article 108 of the Judgments Enforcement (Northern Ireland) Order
1981] in like manner as they apply to a person summoned as a
witness.

(6) Paragraphs (1) to (3) shall, in like manner as they apply to
a person summoned as a witness in a civil action, apply to a
person summoned in accordance with county court rules as a witness
in proceedings in the county court consequent on an appeal to it
under section 140, 141 or 142 of the Magistrates' Courts Act
(Northern Ireland) 1964 and where a person is so summoned in such
proceedings by the Crown shall apply with the omission in paragraph
(1) of the words from "to whom" to "of time)".

(7) Subject to the foregoing provisions of this Article, a county
court shall in relation to witnesses in any proceedings before it
have the like powers as are exercisable by the High Court in any
proceedings before that court.

COUNTY COURTS (NORTHERN IRELAND) ORDER 1980 - SECT 55

55.(1) If any person

(a)wilfully insults or acts contumaciously towards the judge of a
county court, or a circuit registrar, or any witness, or any
officer of the court during his sitting or attendance in court, or
in going to or returning from the court; or

(b)wilfully interrupts the proceedings of a county court or otherwise
misbehaves in court;

(2) Where by virtue of any provision of this Order a person is
guilty of contempt of court, any officer of the court or constable,
with or without the assistance of any other person, may by order
of the judge take the offender into custody and detain him until
the rising of the court, and the judge may, if he thinks fit,
impose on the offender a fine not exceeding #50 in respect of
every offence, and in addition or alternatively may by warrant under
his hand commit the offender to prison for any period not exceeding
one month.

(3) Any act which under paragraph (1) is a contempt of court shall
be a contempt of court if committed during the hearing of or in
relation to any proceedings heard or to be heard by a judge in
chambers or a circuit registrar or by an officer (whether under
county court rules or by direction of the judge) and, subject to
county court rules, that paragraph shall have effect accordingly.

(4) Without prejudice to the powers conferred on county courts by
[Article 107 of the Judgments Enforcement (Northern Ireland) Order
1981] or any other statutory provision, a county court shall have
the like powers and authorities as the High Court with respect to
the enforcement of any decree which, if it were made in any
proceedings in the High Court, could be enforced in that court by
committal.

COUNTY COURTS (NORTHERN IRELAND) ORDER 1980 - SECT 56

56.(1) An affidavit to be used in a county court may be sworn
before the judge, a circuit registrar, a commissioner for oaths, a
justice of the peace or any officer of the court designated for
the purpose by the Lord Chancellor.

(2) An affidavit sworn before a judge or any officer may be sworn
without payment of any fee.

COUNTY COURTS (NORTHERN IRELAND) ORDER 1980 - SECT 57

57. Any entry in a book or other document prescribed for the
purpose of keeping a record of or in relation to any proceedings
in a county court, or a copy of such an entry authenticated in
the prescribed manner, shall at all times without further proof be
admitted as evidence of the entry and of the proceedings thereby
referred to and of the regularity of those proceedings.

COUNTY COURTS (NORTHERN IRELAND) ORDER 1980 - SECT 58

58. Each chief clerk and each under-sheriff shall, in relation to
his functions under this Order, furnish to the Lord Chancellor such
information as may be prescribed or required by the Lord Chancellor.

COUNTY COURTS (NORTHERN IRELAND) ORDER 1980 - SECT 59

59.(1) There shall be a seal for each county court which shall be
kept in the custody of an officer of the court designated by the
Lord Chancellor and shall be impressed and authenticated in the
prescribed manner on every decree of the court, and on such other
instruments or documents as may be prescribed.

(2) Any decree, instrument or document duly sealed with the county
court seal and every duly authenticated document issued by the High
Court on or in connection with any county court proceedings or any
appeal therefrom shall be received in evidence.

COUNTY COURTS (NORTHERN IRELAND) ORDER 1980 - SECT 60

60.(1) Any party dissatisfied with any decree of a county court
made in the exercise of the jurisdiction conferred by Part III may
appeal from that decree to the High Court.

Para.(2) rep. by SR 1980/346

(3) The decision of the High Court on an appeal under this Article
shall, except as provided by Article 62, be final.

COUNTY COURTS (NORTHERN IRELAND) ORDER 1980 - SECT 61

61.(1) Except where any statutory provision provides that the
decision of the county court shall be final, any party dissatisfied
with the decision of a county court judge upon any point of law
may question that decision by applying to the judge to state a
case for the opinion of the Court of Appeal on the point of law
involved and, subject to this Article, it shall be the duty of the
judge to state the case.

(2) An application under paragraph (1) shall be made in writing by
delivering it to the chief clerk within a period of fourteen days
commencing on the date on which the decision was given and a copy
shall be served on the other party.

(3) Within a period of fourteen days commencing on the date on
which the chief clerk despatches to the applicant the case stated
(such date to be stamped by the chief clerk or by a member of
his office staff on the front of the case stated) the applicant
shall transmit the case stated to the Master (Queen's Bench and
Appeals) and serve on the respondent a copy of the case stated
with the date of transmission endorsed thereon.

(4) If the county court judge is of opinion that an application
under paragraph (1) is frivolous, vexatious or unreasonable he may,
subject to paragraphs (5) and (6), refuse to state a case and, if
the applicant so requires, shall give him a certificate stating that
the application has been refused on the grounds stated in the
certificate.

(5) The county court judge shall not refuse to state a case upon
an application made to him by or on behalf of the Attorney-General
with respect to any question arising on or in connection with any
appeal or application to which Article 28 applies.

(6) Where a county court judge refuses to state a case or fails
to state a case within such time as may be prescribed by county
court rules, the applicant may apply to a judge of the Court of
Appeal for an order directing the county court judge to state a
case within the time limited by the order, and the judge of the
Court of Appeal may make such order as he thinks fit.

(7) Except as provided by section 41 of the Judicature (Northern
Ireland) Act 1978, the decision of the Court of Appeal on any case
stated under this Article shall be final.

COUNTY COURTS (NORTHERN IRELAND) ORDER 1980 - SECT 62

62.(1) The High Court may, upon the application of a party, state
a case for the opinion of the Court of Appeal upon a point of
law arising on an appeal under Article 60.

(2) The decision of the Court of Appeal upon a case stated under
this Article shall be final.

COUNTY COURTS (NORTHERN IRELAND) ORDER 1980 - SECT 63

63.(1) Subject to this Article, a person applying to a county court
judge to state a case upon a decision made on appeal from a
magistrates' court shall, before the case is stated and delivered to
him

(a)if the judge so directs enter, before a resident magistrate or
justice of the peace having jurisdiction in the county court
division in which the county court sat, into a recognizance with or
without sureties, in such sum as the resident magistrate or justice
of the peace considers proper having regard to the means of the
applicant, conditioned to prosecute the case stated without delay and
to submit to the judgment of the Court of Appeal and pay such
costs as may be awarded by that court; and

(b)pay

(i)to the chief clerk for and in respect of the case stated;

(ii)to the clerk of petty sessions for and in respect of any such
recognizance:

(b)such fees as may be fixed under section 116 of the Judicature
(Northern Ireland) Act 1978.

(2) Paragraph (1) shall not apply where the applicant is a public
or local authority or an officer of a public or local authority
acting as such or is a constable acting as such.

(3) Where the applicant is in custody, the county court judge may
order that he be released upon a recognizance entered into under
paragraph (1) and further conditioned for his appearance before the
county court at the next sitting of that court after the judgment
of the Court of Appeal has been given and to abide such judgment
unless the decision appealed against is reversed.

(4) Without prejudice to section 16 of the Summary Jurisdiction and
Criminal Justice Act (Northern Ireland) 1958, any such recognizance
as is referred to in paragraph (3) may be entered into before the
governor or deputy governor of the prison in which the applicant is
in custody.

(5) Where the county court judge refuses to release the applicant
or the applicant considers the amount of the recognizance excessive,
the applicant may apply to a judge of the High Court to release
him, or to reduce the amount of the recognizance.

(6) An application under paragraph (5) shall be made in like manner
as an application for bail by a person who has been committed for
trial in custody and on any such application the judge may release
the applicant from custody on such conditions and fix the amount of
the recognizance at such sum as the judge thinks fit.

(7) Where any of the conditions of a recognizance entered into
under this Article have not been complied with, the resident
magistrate or justice of the peace who fixed the amount of the
recognizance or any other resident magistrate or justice of the
peace having jurisdiction in the place where the recognizance was
taken, shall certify upon such recognizance in what respect the
conditions thereof have not been observed and transmit the same to
the chief clerk for the county court division in which the
recognizance was taken, to be proceeded upon in like manner as
other recognizances forfeited at the county court may by law be
enforced; and such certificate shall be sufficient prima facie
evidence of the said recognizance having been forfeited.

COUNTY COURTS (NORTHERN IRELAND) ORDER 1980 - SECT 64

64. Without prejudice to the generality of section 22 of the
Interpretation Act (Northern Ireland) 1954, upon the hearing of any
appeal under this Part (including an appeal by way of case stated),
the appellate court may

(a)adjourn the hearing from time to time;

(b)draw any inference of fact which might have been drawn or give
any judgment or make any order which might have been given or made
by the county court;

(c)remit the proceedings for rehearing and determination by the
county court;

(d)where the appeal is by case stated, amend the case stated or
remit it, with such declarations or directions as the appellate
court may think proper, for hearing and determination by the county
court or for re-statement or amendment or for a supplemental case
to be stated thereon;

(e)make such order as to costs incurred in the appeal and in the
proceedings in the county court as the appellate court thinks fit;

(f)make such other order as may be necessary for the due
determination of the appeal.

COUNTY COURTS (NORTHERN IRELAND) ORDER 1980 - SECT 65

65.(1) A party giving notice of appeal under Article 60 shall be
deemed to have abandoned any right to apply under Article 61 for a
case to be stated by the county court judge in respect of the
same decree.

(2) Where an application under Article 61 for a case to be stated
has been granted, any other right of the applicant to appeal
(including any right to appeal under Article 60) in respect of the
same decision shall cease.

(3) Where two or more parties to the same proceedings apply under
Article 61 to a county court judge to state a case, the judge,
subject to Article 61(4), shall state a single case only.

(4) Where two or more parties proceed to question the decision of
a county court judge the manner of questioning such decision shall
unless the parties otherwise agree, be by single appeal under
Article 60 in such manner and subject to such conditions as may be
prescribed by rules of court.

COUNTY COURTS (NORTHERN IRELAND) ORDER 1980 - SECT 66

66.(1) County court rules may provide for the practice and procedure
to be followed upon an application to state a case under Article
61 up to and including the transmission of the case to the Master
(Queen's Bench and Appeals).

(2) Without prejudice to section 21 of the Interpretation Act
(Northern Ireland) 1954 or to section 55 of the Judicature (Northern
Ireland) Act 1978 but subject to the provisions of this Part, rules
of court may provide for

(a)the lodgment of appeals under Article 60 (including the manner in
which and the persons upon whom notice of appeal is to be served);

(b)the manner in, and time within, which an application to state a
case under Article 62 is to be made, and the case is to be
prepared;

(c)the security to be given by an appellant for the due prosecution
of an appeal (including an appeal by way of case stated other than
where the appellant has been directed to enter into a recognizance
under Article 63);

(d)the stay of execution or suspension of a decree pending an
appeal (including an appeal by way of case stated);

(e)the abandonment of such an appeal;

(f)the costs which may be awarded upon the hearing or are to be
recoverable upon the abandonment of such an appeal;

(g)any other matter incidental to such an appeal.

COUNTY COURTS (NORTHERN IRELAND) ORDER 1980 - SECT 67

67. There shall be defrayed out of moneys provided by the
Parliament of the United Kingdom all expenses incurred in carrying
this Order into effect, and in particular (but without prejudice to
the generality of the foregoing words)

(a)the remuneration and expenses of interpreters and shorthand-writers
appointed under Article 53;

(b)any expenses incurred by the County Court Rules Committee.

COUNTY COURTS (NORTHERN IRELAND) ORDER 1980 - SECT 68

68.(1) Any statutory provision conferring jurisdiction (other than
original criminal jurisdiction) on, or otherwise referring to any
such jurisdiction of,

(a)a civil bill court, a court of quarter sessions, general quarter
sessions, general sessions of the peace, justices in quarter
sessions, a recorder's court or sessions of the peace for a county
shall be construed as referring to a county court exercising the
jurisdiction so conferred or referred to or a like jurisdiction
conferred by any other statutory provision;

(b)a chairman of quarter sessions, an assistant barrister or a
recorder of a borough shall be construed as referring to a county
court judge presiding over a court in the exercise of such
jurisdiction as aforesaid.

Para.(2), with Schedule 1, effects amendments

COUNTY COURTS (NORTHERN IRELAND) ORDER 1980 - SECT 69

69.(1) The transitional provisions set out in Schedule 2 shall have
effect.

Para.(2), with Schedule 3, effects repeals

1. All rules and orders regulating proceedings in county courts
made, or having effect as if made, under the County Courts Act
(Northern Ireland) 1959 and in force at the commencement of Article
47 and (in so far it is not inconsistent with the provisions of
this Order) any procedure provided for by any statutory provision
repealed by that Act, shall continue in force and have effect as
if they had been provided for under that Article until amended,
revoked or repealed by county court rules made under that Article.

2. Where any statutory provision passed or made before 1st April
1960 requires or authorises the making of rules in relation to any
proceeding or matter whatsoever in the county courts, the functions
conferred by that provision shall be performed in accordance with
Articles 46 and 47, and that provision shall have effect
accordingly.

Para.3 spent

4. As from such date as may be specified for the purposes of this
paragraph by an order made by the Secretary of State

(a)Article 14 of this Order shall have effect as if in paragraph
(a) for the words from "where" onwards there were substituted the
words "where, at the date of his death, the property included in
his net estate (that is to say, all property of which he had
power to dispose by his will, otherwise than by virtue of a
special power of appointment, less the amount of his funeral,
testamentary and administration expenses, debts and liabilities,
including any capital transfer tax or estate duty payable out of
his estate on his death) did not exceed #15,000 in value;";

(b)Article 16 of this Order shall have effect as if in paragraph
(1)(b) for the words from "his property" to "beneficially)" there
were substituted the words "the property included in his estate
(that is to say, all property of which he had power to dispose by
his will, otherwise than by virtue of a special power of
appointment)".

5. Nothing in this Schedule prejudices the operation of sections 28
and 29 of the Interpretation Act (Northern Ireland) 1954.

Schedule 3Repeals