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

Applications with respect to funds in court

5.—(1) Where an application to the High Court—

(a) for the payment or transfer to any person of any funds in court standing to the credit of any cause or matter or for the transfer of any such funds to a separate account or for the payment to any person of any dividend of or interest on any securities or money comprised in such funds;

(b) for the investment, or change of investment, of any funds in court;

(c) for payment of the dividends of or interest on any funds in court representing or comprising money or securities lodged in court under any enactment, or

(d) for the payment or transfer out of court of any such funds as are mentioned in sub-paragraph (c);

is made in the Chancery Division the application may be disposed of in chambers.

(2) Subject to paragraph (3), any such application made in the Chancery Division must be made by summons and, unless the application is made in a pending cause or matter or an application for the same purpose has previously been made by petition or originating summons, the summons must be an originating summons.

(3) Where an application under paragraph 1(d) is required to be made by originating summons, then, if the funds to which the application relates do not exceed £500 in value the application may be made ex parte to the Master who may dispose of the application or may direct it to be made by originating summons.

Unless otherwise directed, an ex parte application under this paragraph shall be made by affidavit.

(4) This rule does not apply to any application for an order under Order 22.