# County Court Rules (Northern Ireland) 1981, Rule 4: Decree where defendant does not appear

Extent: N.I.

(1) If the defendant (not being the Crown) does not appear, [ the judge or district judge as the case may be], upon proof of service and of facts entitling the plaintiff to relief, may subject to paragraphs (2) to (4), give such decree or make such order as he considers just, and an endorsement of service or an affidavit of service or, where Order 6 Rule 3(2)(b) or Rule 3(7) applies the solicitor’s certificate referred to in Rule 12 of Order 6 may be accepted as proof of service.
(2) If the Crown does not appear on the hearing of any civil bill in which it is a defendant, the civil bill shall be adjourned to a date fixed by [ the judge or district judge as the case may be], on such terms as to him may seem just.
(3) Notice of the date fixed shall be served upon the Crown in a manner to be directed by [ the judge or district judge as the case may be], and shall set out that the case will be heard on the date named and such decree given or other order made as to [ the judge or district judge as the case may be] may seem just, the Crown’s absence notwithstanding.
(4) If the Crown does not appear on the adjourned hearing [ the judge or district judge as the case may be] may, upon proof of service of such notice, proceed to hear and determine the case and may give such judgment or make such other order as to him may seem just.

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Source: https://www.legislation.gov.uk/nisr/1981/225/part/25/chapter/1/rule/4 (the official version)
Page: https://openlegislation.uk/county-court-rules-northern-ireland-1981/part-25/chapter-1/rule-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.