OpenLegislation

Rule 10 Application for summary judgment on counterclaimF1

(1)

Where a defendant to an action begun by civil bill has served a counterclaim on the plaintiff then, subject to paragraphs (3) and (4), the defendant may, on the ground that the plaintiff has no defence to a claim made in the counterclaim, or to a particular part of such a claim, apply to the judge for judgment against the plaintiff on that claim or part.

(2)

The provisions of this Order shall apply with any necessary modifications to an application made under this rule.

(3)

This rule shall not apply to a counterclaim which includes any such claim as is referred to in rule 2(2).

(4)

No application against the Crown may be made under this rule.

Annotations

Textual amendments

F1

Order 12A inserted (6.1.2023) by The County Court (Amendment No. 2) Rules (Northern Ireland) 2022 (S.R 2022/252), rule 1, Sch. 1