Citation, commencement and interpretation

1.-(1) These Rules may be cited as the Rules of the Court of Judicature (Northern Ireland) (Amendment) 2019 and shall come into operation in accordance with paragraph (2).

(2) Except as provided by paragraph (3), these Rules come into operation on exit day.

(3) Rules 3(4)(b), 3(5)(f), 3(11)(c)(iii) to 3(11)(k), 3(17)(a) and 3(17)(c)(iii) come into operation on 13th January 2020.

2.  In these Rules a reference to an Order or rule referred to by number means the Order or rule so numbered in the Rules of the Court of Judicature (Northern Ireland) 1980(4).

Amendments to the Rules of the Court of Judicature (Northern Ireland) 1980

3.  The Rules of the Court of Judicature (Northern Ireland) 1980 are amended as follows-

(1) In the Arrangement of Orders, in the entry for Order 71, omit ", enforcement of European Community judgments, European Order for Payment Procedure and Mediation Directive".

(2) In Order 1-

(a)in rule 3(1), omit the definition of "European lawyer";

(b)in rule 10 (h), for "sections 28, 62 or 63", insert "section 28";

(c)in rule 12(b), omit head (xv).

(3) In Order 6-

(a)in rule 4(1)-

(i)in sub-paragraph (a), omit "or any other EEA state";

(ii)omit sub-paragraph (aa);

(iii)in sub-paragraph (b), omit "or any other EEA state";

(b)in rule 4(2)-

(i)in sub-paragraph (a), omit "or European lawyer";

(ii)in sub-paragraph (b), omit "or any other EEA state";

(c)in rule 6-

(i)in paragraph 1(b), for ", Scotland or another Convention territory" insert "or Scotland";

(ii)omit paragraph (7).

(4) In Order 10-

(a)in rule 3(3), omit "Article 17 of Schedule 1, Article 17 of Schedule 3C or Article 17 of";

(b)after rule 3(3) insert-

"(4) Where a contract is one to which the Convention on Choice of Court Agreements concluded on 30th June 2005 at the Hague applies and the writ or notice thereof is served under Order 11, rule 1(2)(ab) the writ or notice thereof shall be deemed to have been duly served on the defendant.".

(5) In Order 11-

(a)in rule 1(1), omit sub-paragraph (p);

(b)in rule 1(2), omit "Subject to paragraph (2A),";

(c)in rule 1(2)(a)(i), omit "or of any other Convention territory";

(d)in rule 1(2)(a)(ii)-

(i)omit "or in any other Convention territory";

(ii)omit "Article 16 of Schedule 1, Article 16 of Schedule 3C or Article 16 of";

(iii)omit "Article 17 of Schedule 1, Article 17 of Schedule 3C or Article 17 of";

(e)for rule 1(2)(aa), insert-

"(aa)a claim which, by virtue of section 15A to section 15E of the 1982 Act, the Court has power to hear and determine, made in proceedings in which the following conditions apply-

(i)no proceedings between the parties concerning the same cause of action are pending in the courts of any other part of the United Kingdom; and

(ii)either-

the defendant is not a consumer but is a party to a consumer contract within section 15B(1) of the 1982 Act; or

the defendant is an employer and a party to a contract of employment within section 15C(1) of the 1982 Act; or";

(f)after rule 1(2)(aa), insert-

"(ab)a claim which, by virtue of the Convention on Choice of Court Agreements concluded on 30th June 2005 at the Hague, the Court has power to determine and the defendant is a party to an exclusive choice of court agreement conferring jurisdiction on that Court within the meaning of Article 3 of that Convention;";

(g)omit rule 1(2A);

(h)for rule 1(3), insert-

"(3) Where a writ or notice of a writ is to be served out of the jurisdiction the time to be inserted therein within which the defendant must enter an appearance shall be-

(a)21 days where the service is to be effected in England and Wales or Scotland; or

(b)limited in accordance with the practice adopted under rule 4(4) where the service is to be effected elsewhere.";

(i)omit rule 1(4).

(6) In Order 12-

(a)in rule 3(3)(a) and (b), omit "or any other EEA state";

(b)in rule 3(3)(c), omit from "or any other EEA state" to "in any EEA state";

(c)in the words after rule 3(3)(c), omit "or nominated European lawyer".

(7) In Order 13-

(a)in rule 7B(1), omit "or in any other Convention territory";

(b)in rule 7B(2)(b), omit "within the meaning of Schedule 1 or Schedule 3C or";

(c)in rule 7B(2)(c), omit from "of Schedule 1" to "of Article 20";

(d)omit rule 7B(3);

(e)after rule 7C, insert-

"Judgments where writ or notice of writ served under Order 11, rule 1(2)(ab)

7D.-(1) Where a writ or notice of a writ has been served out of the jurisdiction under Order 11 rule 1(2)(ab) the plaintiff shall not be entitled to enter judgment under this Order except with the leave of the Court.

(2) An application for leave to enter judgment may be made ex parte and shall be supported by an affidavit stating that in the deponent's belief-

(a)each claim made by the writ is one which by virtue of the Convention on Choice of Court Agreements concluded on 30^th June 2005 at the Hague the Court has power to hear and determine; and

(b)the writ or notice thereof was served out of the jurisdiction under Order 11 rule 1(2)(ab) in accordance with Order 11;

and giving in each case the sources and grounds of such belief.".

(8) In Order 23-

(a)in rule 1(3), for "the foregoing paragraphs" substitute "this rule";

(b)for rule 1(4), insert-

"(4) The Court shall not require a plaintiff to give security by reason only of paragraph 1(a) in an application for enforcement to which the Convention on Choice of Court Agreements concluded on 30th June 2005 at the Hague applies.".

(9) In Order 29, omit rule 10A.

(10) In Order 66, omit rule 5(5).

(11) In Order 71-

(a)in the heading, omit ", enforcement of European Community judgments, European Order for Payment Procedure and Mediation Directive";

(b)omit Part II. Enforcement of European Community Judgments (Rules 13 to 21);

(c)in rule 22(1)-

(i)omit the definition of "Convention territory";

(ii)omit the definition of "protective measures";

(iii)at the end, insert-

""the 2005 Hague Convention" means the Convention on Choice of Court Agreements concluded on 30th June 2005 at the Hague.";

(d)in rule 24, after "4" insert "B";

(e)in rule 25(1)-

(i)after "4" insert "B";

(ii)after sub-paragraph (a)(iv) insert-

"and

(v)any other documents required by Article 13 of the 2005 Hague Convention.".

(f)in rule 26, after "4" insert "B";

(g)in rule 27-

(i)in paragraph (1), after "4" insert "B";

(ii)in paragraph (2), for "protective measures" insert "orders to preserve the property of the party against whom enforcement is sought".

(h)in rule 28-

(i)in the heading, after "4" insert "B";

(ii)after "4" insert "B".

(i)for rule 30 insert-

"30.-(1) An appeal under section 6B of the Act of 1982 must be made by summons to a judge.

(2) The summons must be served-

(a)where the appeal is against the granting of registration within one month of service of any notice of registration of the judgment; or

(b)two months of service of such notice where that notice was served on a party not domiciled within the jurisdiction; and

(c)one month where the appeal is against the refusal of registration.

(3) If the party against whom judgment was given is not domiciled within a Contracting State and an application is made within two months of service of notice of registration, the Court may extend the period of time within which an appeal may be made against the order for registration.".

(j)in rule 31-

(i)for paragraph (1), insert-

"(1) Registration of the judgment under these rules shall serve for the purposes of the 2005 Hague Convention as a decision that the judgment is recognised.";

(ii)in paragraph (2), after "4" insert "B";

(k)after rule 32, insert-

"Article 12 Hague Convention

32A.  This Part applies, subject to any necessary modifications, for the enforcement of court settlements which are subject to Article 12 of the Hague Convention.";

(l)omit Part III.A Reciprocal Enforcement of Judgments: the Judgments Regulation (Rules 35A to 35G);

(m)omit Part IV. European Order for Payment Procedure (Rules 36 to 44);

(n)omit Part V. Mediation Directive (Rules 45 to 50).

(12) In Order 73, in rule 7(2)(c)(i), omit "or any other EEA state".

(13) In Order 80, in rule 16-

(a)in paragraph (1) in the definition of "gilt unit trust scheme" omit "or in a relevant state" and "or a relevant state";

(b)omit paragraph (2).

(14) In Order 93, omit rules 1(2)(q) and (t).

(15) In Order 97, in rule 2(2), omit "or any other EEA state".

(16) Order 114 is omitted.

(17) In Order 122-

(a)in rule 1-

(i)omit the definition of "Director";

(ii)in the appropriate place, insert ""the CMA" means the Competition and Markets Authority;";

(b)in rule 2, omit ", 62 or 63";

(c)in rule 3-

(i)in paragraph (1), omit ", 62 or 63";

(ii)in sub-paragraph (3)(d), omit "or of Articles 81 or 82 of the Treaty establishing the European Community";

(iii)in sub-paragraphs (3)(f) and (3)(h), for "Director" insert "CMA";

(iv)omit sub-paragraph (3)(g);

(v)omit paragraphs (8) and (9).

Saving and transitional provisions

4.-(1) Where before exit day-

(a)a defendant has given, as the address at which the defendant may be served with the writ or other originating process, the business address of a solicitor in an EEA state outside the United Kingdom, or of a European lawyer in any EEA state; or

(b)a solicitor acting for the defendant has notified the business address of that solicitor in an EEA state outside the United Kingdom, or a European lawyer has notified the address of that European lawyer in any EEA State, as the address at which that solicitor or European lawyer is instructed to accept service of the writ or other originating process;

the writ or other originating process, if not served before exit day, must on or after exit day be served at that address notwithstanding the changes made by these Rules.

(2) Where before exit day, a party to proceedings has given, as the address at which that party may be served with documents relating to those proceedings, the business address in an EEA state outside the United Kingdom of a solicitor acting for that party, or in any EEA State of a European lawyer nominated to accept service of documents-

(a)that address will continue on and after exit day to be that party's address for service unless and until that party elects to change the address for service; and

(b)if that party elects on or after exit day to change the address for service, the new address for service may be any address for service permitted by the Rules of the Court of Judicature (Northern Ireland) 1980 as in operation immediately before exit day.

(3) In this rule, "EEA state" has the meaning it had for the purposes of the Rules of the Court of Judicature (Northern Ireland) 1980 immediately before exit day.

5.-(1) Where before exit day a writ or notice of a writ has been served under Order 11, rule 1(2) (as in operation immediately before exit day), the time within which the defendant must enter an appearance shall be the period provided in Order 11, rule 1(3)(a) or (b) (as applicable) (as in operation immediately before exit day).

(2) Where before exit day a writ or notice of a writ was served outside the jurisdiction under Order 11, rule 1(2) without leave of the court, Order 13, rule 7B shall apply on and after exit day in relation to an application for leave to enter judgment as if the amendments made to Order 13, rule 7B by these Rules had not been made.

6.-(1) In relation to a mediation to which the Cross-Border Mediation Regulations (Northern Ireland) 2011(5) applied before exit day-

(a)Order 66, rule 5 continues to apply on and after exit day as if the amendments to that rule made by these Rules had not been made;

(b)where an application under Order 71, rule 47 as then in operation for a mediation settlement enforcement order was made before exit day, Order 71, rules 47 and 48 continue to apply on and after exit day for the purposes for that application as if the amendments made to those rules by these Rules had not been made.

(2) Order 71, rules 45 and 49 to 50 continue to apply on and after exit day, so far as relevant in relation to mediation evidence relating to that mediation as if the amendments made to those rules by these Rules had not been made.

7.-(1) Where-

(a)a judgment-

(i)was given before exit day by a court of a Contracting State or Regulation State; or

(ii)was given after exit day by such a court in proceedings commenced before that court before exit day;

(b)an authentic instrument was before exit day formally drawn up or registered as an authentic instrument in a Contracting State or Regulation State; or

(c)a court settlement was before exit day approved by or concluded before a court of a Contracting State or Regulation State;

Order 71 applies to proceedings concerning recognition and enforcement of that judgment, authentic instrument or court settlement on and after exit day as if the amendments made by these Rules had not been made.

(2) In this rule, "Contracting State" and "Regulation State" have the meanings given by the Rules of the Court of Judicature (Northern Ireland) 1980 as in operation immediately before exit day.

8.-(1) Where in relation to any proceedings the relevant saving provision applies, the Rules of the Court of Judicature (Northern Ireland) 1980 continue to apply on and after exit day for the purposes of those proceedings as if the amendments made to those rules by these Rules had not been made.

(2) In this rule "the relevant saving provision" means any of regulations 16 to 18, and regulation 19, of the European Enforcement Order, European Order for Payment and European Small Claims Procedure (Amendment etc.) (EU Exit) Regulations 2018(6) as applicable.

Declan Morgan

Dermot Fee

W B Stephens

Bernard McCloskey

Ian Wimpress

Peter Campbell

John Coyle

Mark Horner

Dated 16th December 2019

In exercise of the powers conferred by section 55A(3) of the Judicature (Northern Ireland) Act 1978, the Department of Justice allows these Rules.

Sealed with the Official Seal of the Department of Justice on 20th December 2019

Peter May

A senior officer of the Department of Justice

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Rules of the Court of Judicature (Northern Ireland) 1980 (S.R. 1980 No.346) in order to:

• address failures of retained EU law to operate effectively, arising from the withdrawal of the United Kingdom from the European Union;

• provide the procedural rules for proceedings under the Convention on Choice of Court Agreements concluded on 30th June 2005 at the Hague; and

• update outmoded references relating to competition proceedings.