OpenLegislation

Rule 11 Default procedure not to apply to certain proceedings

Northern Ireland

(1)

Judgment under this Order may not be entered against a minor or a patient.

(2)

Except with the leave of the district judge, no judgment in default of service of a notice of intention to defend in Form 42 shall be entered:

(a)

against the Crown; or

(b)

where in any such proceedings as are mentioned in section 139(1)(b) of the Consumer Credit Act 1974f1 the debtor or surety desires to have a credit agreement reopened.

(3)

An application for leave under paragraph (2) shall be made on notice to the other parties and must be served not less than seven days before the date fixed by the chief clerk for the hearing of the application for leave.

Annotations

Footnotes

f1

1974 c. 39

Notes on Part [ ORDER 12

Footnotes

f1

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