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

PART I COUNTY COURT APPEALS

Interpretation

1.  In this Part “ the Order” means the County Courts (Northern Ireland) Order 1980(1).

Lodgment and entry of appeal

2.—(1) The appellant must lodge two copies of the notice of appeal in Form No. 37 in Appendix A in the Central Office within a period of 21 days commencing on the date on which the decree was pronounced in the County Court.

(2) One of the two copies of the notice of appeal must be duly stamped and endorsed with particulars of service.

(3) The proper officer shall on Iodgment of the notice of appeal enter the appeal for hearing and send a copy of the notice of appeal lodged under this rule to the Chief Clerk of the court of trial who shall thereupon complete Form 37A in Appendix A and send it to the proper officer together with the original decree appealed against or a certificate as to its nature and effect.

(4) In a probate suit or any other matter where an original decree appealed from has been entered up in the permanent record books of the county court, an office copy certified by the appropriate officer may be sent to the proper officer of the Central Office instead of the original.

Service of notice of appeal

3.  The appellant must, within the period of 21 days mentioned in rule 2(1), serve a copy of the notice of appeal on all parties to the proceedings in the court below who are directly affected by the appeal and, subject to rule 4, it shall not be necessary to serve the notice on parties not so affected.

Directions as to service

4.—(1) A judge may in any case direct that the notice of appeal be served upon any party to the proceedings in the county court on whom it has not been served, or upon any person not a party to those proceedings.

(2) In any case where a direction is given under this rule the judge may—

(a) postpone or adjourn the hearing of the appeal for such period and upon such terms as may be just;

(b) give such judgment and make such order on the appeal as might have been given or made if the person served in pursuance of the direction had originally been a party.

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.

More than one appellant

6.—(1) Where two or more parties each lodge a notice of appeal against the same decree the appeals shall be listed and heard together unless the judge otherwise directs.

(2) The judge may declare any one or more of the parties appealing to be separately entitled or liable to the costs of such appeal or any part thereof.

Venue

7.  The Court may, in accordance with section 58 of the Act, either of its own motion or on the application by summons of any party, direct that an appeal be listed for hearing outside the Royal Courts of Justice.

Lodgment not to be disclosed

8.  On the hearing of any appeal, in an action commenced by ordinary civil bill or remitted to the county court, where any money has been paid into the county court, that fact shall not be communicated to the judge until all questions of liability and the amount of the debt or damages have been decided, and the judge, in exercising a discretion as to costs, shall take into account both the fact that the money has been paid into the county court and the amount of such payment.

Stay of enforcement

9.  The lodgment of a notice of appeal shall not operate as a stay of enforcement on foot of the decree unless security is given for the costs of the appeal in accordance with directions to be given by the Master.

Withdrawal of appeal

10.—(1) An appellant may withdraw his appeal by—

(a) lodging a notice of withdrawal with the proper officer in the Central Office at least 2 clear days before the day fixed for the hearing of the appeal;

(b) serving a copy of the notice of withdrawal at least 2 clear days before the day fixed for the hearing on every other party who was served with a notice of appeal; and

(c) paying the costs appropriate to such withdrawal.

(2) Where an appeal is withdrawn or struck out the appeal shall be treated as having been dismissed by the Court.

Striking out an appeal

11.  Where an appellant fails to comply with any of the provisions of this Part, any other party may apply to a judge to have the appeal struck out.

Discharge of security, etc.

12.  Where the appeal is withdrawn or struck out—

(a) any security given for costs shall abide the order of the Master; and

(b) any stay of enforcement under this Part shall stand discharged.

(1)

S.I. 1980 No. 397 (N.I. 3)