The Rules of the Supreme Court (Northern Ireland) (Revision) 1980

Application to state case treated as notice of appeal

5.—(1) Where—

(a) any party has applied to a county court judge to state a case under Article 61 of the Order; and

(b) any other party lodges a notice of appeal against the decree under Article 60 of the Order;

then, unless the parties otherwise agree, the application to state a case under Article 61 of the Order shall have effect as if it were a notice of appeal lodged under rule 2 against the decree.

(2) Subject to any direction by a judge, service of a copy of the application to state a case on the other party shall be deemed to be service for the purpose of rule 3.

(3) The proper officer, on the lodgment of the notice of appeal to which this rule applies, shall inform the applicant—

(a) that a notice of appeal has been lodged under Article 60 of the Order; and

(b) that unless the parties otherwise agree, his application to state a case shall have effect as if it were a notice of appeal against the decree under Article 60 of the Order.

(4) The parties shall inform the proper officer, not later than 14 days from the date of the lodgment of the notice of appeal, of any agreement reached between the parties concerning the manner of questioning the decision of the county court judge.