OpenLegislation

Rule 6 Other claims

Northern Ireland

(1)

Where a civil bill is endorsed with a claim of a description not mentioned in Rules 1 to 4, then if any 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 upon lodging with the chief clerk an affidavit proving due service of the civil bill on that defendant proceed with the claim as if that defendant had served a notice of intention to defend.

(2)

Where a defendant has satisfied the claim or complied with the demands thereof or for any other like reason it has become unnecessary for the plaintiff to continue with the proceedings then, if the 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 judgment with the leave of the district judge against that defendant for costs.

(3)

An application for leave to enter judgment under paragraph (2) shall, unless the district judge otherwise orders, be served on the defendant against whom it is sought to enter judgment.

Notes on Part [ ORDER 12

Footnotes

f1

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