OpenLegislation

Rule 1 Claim for liquidated demand

Northern Ireland

(1)

Where a civil bill is endorsed with a claim against a defendant for a liquidated demand only, then if that defendant fails to serve a notice of intention to defend in Form 42 within a period of 21 days after service upon him of the civil bill, the plaintiff may enter final judgment against that defendant for a sum not exceeding that claimed by the civil bill in respect of the demand and continue with the proceedings against the other defendants if any.

(2)

A claim shall not be prevented from being treated for the purpose of this rule as a claim for a liquidated demand by reason only that part of the claim is for interest under Article 45A of the Order at a rate which is not higher than that payable on judgment debts at the date of issue of the civil bill. A claim for interest at a higher rate shall be treated as a claim for interest to be assessed.

(3)

Before final judgment is entered under this rule an affidavit must be lodged with the chief clerk specifying the amount then actually due to the plaintiff.

Notes on Part [ ORDER 12

Footnotes

f1

Order 12 substituted by S.R. 1995 No. 151 with effect from 1.9.95