Rule 32 Powers of [ the judge]

Northern Ireland

The judge has the power—

(a)

to administer oaths and take the affirmations of the parties and any witnesses who attend;

(b)

to order specific performance of a contract;

(c)

to make an interim decree;

(d)

to correct any clerical mistake in a decree;

(e)

without prejudice to Rule 19(a) and either on the application of any of the parties or of his own choosing, to set aside, vary or confirm any decree; or

(f)

to direct that an application in Form 125 be transferred to his civil bill list, provided he is satisfied that—

(i)

a difficult question of fact or law is involved; or

(ii)

fraud is alleged against a party; or

(iii)

the parties consent to the application being dealt with in that way; or

(iv)

it would be unreasonable for the application to be dealt with in a small claims hearing because of its subject matter, the circumstances of the parties or the interests of any other person likely to be affected by the outcome.

Annotations

Footnotes

f1: Words amended by S.R. 2013 No. 19 with effect from 25.02.13

Notes on Part [ ORDER 26

Footnotes

f1: Order 26 substituted by S.R. 2002 No. 255 with effect from 04.11.02