Rule 8 Judgment against a State

Northern Ireland

(1)

Where the defendant is a State, as defined in section 14 of the State Immunity Act 1978^f1 (“the Act”), the plaintiff shall not be entitled to enter judgment under this Order except with the leave of the district judge.

(2)

An application for leave to enter judgment shall be supported by an affidavit—

(a)

stating the grounds of the application,

(b)

verifying the facts relied on as excepting the State from the immunity conferred by section 1 of the Act, and

(c)

verifying that the civil bill has been served by being transmitted through F1the Foreign, Commonwealth and Development Office to the Ministry of Foreign Affairs of the State, or in such other manner as may have been agreed to by the State, and that the time for serving a notice of intention to defend, as extended by section 12(2) of the Act (by two months) where applicable, has expired.

(3)

The application may be made ex parte but the district judge hearing the application may direct an application to be issued and served on that State, for which purpose such a direction shall include leave to serve the application and a copy of the affidavit out of the jurisdiction.

(4)

Unless the district judge otherwise directs, an affidavit for the purpose of this Rule may contain statements of information or belief with the sources and grounds thereof, and the grant of leave to enter judgment under this Order shall include leave to serve out of the jurisdiction—

(a)

a copy of the judgment, and

(b)

a copy of the affidavit, where not already served.

(5)

The procedure for effecting service out of the jurisdiction pursuant to leave granted in accordance with this Rule shall be the same as for the service of the civil bill under Order 6A, rule 6(6), except where section 12(6) of the Act applies and an alternative method of service has been agreed.

Annotations

Textual amendments

F1: Words in Order 12 rule 8(2)(c) substituted (30.9.2020) by The Transfer of Functions (Secretary of State for Foreign, Commonwealth and Development Affairs) Order 2020 (S.I. 2020/942), art. 1(2), Sch. para. 9

Rule 8 Judgment against a State

Annotations

Textual amendments

Footnotes

Notes on Part [ ORDER 12

Footnotes