Statutory Rules of Northern Ireland

"the applicant" means the person who makes the initial claim;

"the respondent" means the person against whom the initial claim is made;

"a counterclaim" means a claim which is made by the respondent against the applicant;

"the judge" means the district judge;

"a small claim" means an action to which Article 30(3) of the Order applies;

"small claims court" means a court which processes small claims;

"the small claims office" means the office of the small claims court which will process the small claim;

"the officer" means the person in the court office who processes the application for a small claim; and

"party" means the applicant or the respondent.

Excluded claims
     2. No small claims application shall be made with regard to any claim which -

(a) is for damages for personal injuries;

(b) is for damages in respect of a road traffic accident;

(c) is for damages for libel or slander;

(d) is made under Article 11 (Recovery of legacies, annuities, etc.) of the Order;

(e) concerns the title to land;

(f) is made under section 17 of the Married Women's Property Act 1882;

(g) has been remitted by the High Court.

     3.  - (1) Subject to paragraph (2), where the claim is for a debt or other liquidated amount which does not exceed £2000, the applicant may proceed by ordinary civil bill provided he includes, immediately after the Warning in the civil bill, the statement in Form 10A.

    (2) If the respondent's notice of intention to defend includes a request that the claim and any counterclaim be dealt with as a small claim, his request shall be granted.

Starting Proceedings
     4. An application for a small claim must be made in Form 125.

     5. The applicant must complete Part A of Form 125, setting out details of his claim, including any claim for interest under Article 45A of the Order or otherwise.

     6. After completing Part A of Form 125, the applicant must bring or send the original Form, together with two copies and the appropriate fee, to any court office and that office will then forward the application on to the small claims office.

     7. If there is more than one respondent, the applicant must bring or send one extra copy of Form 125 for each additional respondent.

     8. When the relevant forms and the appropriate fee are received in the small claims office, the officer will -

(a) complete Part B of the original Form 125 and the copy forms;

(b) file the original Form 125;

(c) return one copy of Form 125, together with Form 127 (application for default decree for liquidated amount) or 128 (application for default decree for unliquidated amount) to the applicant; and

(d) issue one copy of Form 125, together with Forms 126A (notice of dispute) and 126B (acceptance of liability) to the respondent.

     9. Each court office shall keep a record of -

(a) the applications which are received; and

(b) the small claims office to which those applications are sent.

Defending the application
     10. If the respondent intends to defend the claim or rely on a counterclaim he must, within 21 days of receiving the copy Form 125, lodge with the small claims office a notice of dispute in Form 126A which sets out the details of his defence and of any counterclaim he wishes to make, together with the appropriate fee.

     11. On receiving a notice of dispute, the officer must send a copy to any other party and advise all parties of the date of hearing.

Accepting Liability
     12. If the respondent accepts liability for the claim, he must, within 21 days of receiving the copy Form 125, lodge with the small claims office a notice of acceptance of liability in Form 126B.

     13. On receiving a notice of acceptance of liability, the chief clerk may issue a decree, together with a copy of Form 126B, or may refer the notice to the judge if he considers that would be more appropriate.

Default decrees
     14. If a Form 126A or 126B is not lodged with the small claims office within 21 days of the date on which the application is received, the applicant may apply to the chief clerk for a decree.

     15. An application under Rule 14 shall -

(a) if the claim is for a liquidated amount, be in Form 127; and

(b) if the claim is for an unliquidated amount, be in Form 128.

     16. On receiving an application under rule 14, the chief clerk may -

(a) if the claim is for a liquidated amount, issue a decree for the amount then due to the applicant; or

(b) if the claim is for an unliquidated amount, issue a decree which states that the amount of the claim will be assessed by the judge.

     17. The chief clerk may refer any application in Form 127 or 128 to the judge if he considers that it would be more appropriate for the judge to deal with the application.

     18. The chief clerk may only issue a decree under rule 16 if he is satisfied that: -

(a) the application was sent to the respondent;

(b) no notice of dispute has been received; and

(c) the claim has not been settled.

     19. Where a decree has been issued under rule 16, the judge may, either on an application or of his own choosing -

(a) set aside or vary the decree; or

(b) make any other order or give any other directions as the circumstances require.

     20. If an application under rule 19 is made by one of the parties, it must be made in Form 129 and must set out all of the relevant facts.

     21. On receiving the application, the officer shall send a copy to the other party (who may, within 14 days, respond in writing to the application) and inform the parties of the date on which the application will be heard.

     22. If a decree is set aside the officer must inform the parties immediately and amend the court records accordingly.

     23. An application in Form 127 or 128 may not be made if the claim is brought against a minor or a patient.

     24. An application in Form 127 or 128 may only be made with the judge's permission if the claim -

"Take notice that I wish this action to be dealt with under the small claims procedure".

I admit the claim made against me in full and agree to pay the amount stated
Do you wish to apply for time to pay this amount?		Yes
		No

(a) implement recommendations 1 (overriding objective), 9 (service outside the jurisdiction), 10 (default judgment), 12 (removal of small claims to the county court), 13 (pleadings), 15 (expert evidence), 21 (description and title), 22 (rules of court) and 38 (removal of restrictions on district judges) of the Final Report of the Civil Justice Reform Group;

(b) take account of the recent increases in the small claims and the district judges' defended civil bill jurisdiction; and

(c) delete the provisions relating to applications for declarations of legitimacy and legitimation. The relevant procedures are now contained in the Family Proceedings Rules (Northern Ireland) 1996.