OpenLegislation

Rule 18 Decree where defendant does not appear

Northern Ireland

(1)

If the defendant (not being the Crown) does not appear, the [f1 district judge], 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.

(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 [ district judge], 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 [ district judge] and shall set out that the case will be heard on the date named and such decree given or order made as may seem just, the Crown’s absence notwithstanding.

(4)

If the Crown does not appear on the adjourned hearing the [ district judge] 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.

Annotations

Footnotes

f1

To be construed as such by S.R. 1991 No. 230 with effect from 28.06.91

Notes on Chapter PART II

Footnotes

f1

To be construed as such by S.R. 1991 No. 230 with effect from 28.06.91