Rule 3 Claim for detention of goods

Northern Ireland

(1)

Where a civil bill is endorsed with a claim against a defendant relating to the detention of goods 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—

(a)

at his option enter either—

(i)

interlocutory judgment against that defendant for delivery of the goods or their value to be assessed, or

(ii)

interlocutory judgment for the value of the goods to be assessed; or

(b)

apply on notice to the district judge for judgment against that defendant for delivery of the goods without giving him the alternative of paying their assessed value, and in any case continue with the proceedings against the other defendants if any.

(2)

An application under paragraph (1)(b) must be supported by affidavit and the application and a copy of the affidavit must be served on the defendant against whom judgment is sought.

Notes on Part [ ORDER 12

Footnotes

f1: Order 12 substituted by S.R. 1995 No. 151 with effect from 1.9.95