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

Service of writ out of jurisdiction

4.—(1) Subject to the following provisions of this rule, service out of the jurisdiction of a writ; or notice of a writ, containing any such claim as is mentioned in rule 2(1)(i) is permissible with the leave of the Court, if, but only if—

(a) the defendant has his habitual place of business within Northern Ireland, or

(b) the cause of action arose within inland waters of Northern Ireland or within the limits of a port of Northern Ireland, or

(c) an action arising out of the same incident or series of incidents is proceeding in the High Court or has been heard and determined in the High Court, or

(d) the defendant has submitted or agreed to submit to the jurisdiction of the High Court.

In this paragraph “inland waters” and “port” have the same meanings as in paragraph 4(1) of the First Schedule to the Administration of Justice Act 1956(1).

(2) Order 11, rule 3 and rule 4(1), (2) and (4), shall apply in relation to an application for a grant of leave under this rule as they apply in relation to an application for the grant of leave under rule 1 or 2 of that Order.

(3) Paragraph (1) shall not apply to an action in rem.

(4) The proviso to rule 6(1) of Order 6 and Order 11, rule 1(2), shall not apply to a writ by which any Admiralty action is begun or to notice of any such writ.

(1)

1956 c. 46