OpenLegislation

Rule 6 Execution of decree against a firm

Northern Ireland

(1)

A decree against a firm may be enforced—

(a)

against any property of the partnership in Northern Ireland;

(b)

against any person who has been adjudged to be liable as a partner;

(c)

against any person who was individually served with the civil bill as a partner or person sought to be made liable—

  • [f1 where he has not served a notice of intention to defend in Form 42 and judgment has been entered in accordance with Order 12 or where he has failed to appear at the hearing.]

(2)

If the person who has obtained the decree claims to be entitled to enforce it against a partner or otherwise, he may apply to [f2 the judge or district judge as the case may be] for leave so to do, and the following provisions shall apply—

(a)

he shall give to the alleged partner not less than three days’ notice of his application;

(b)

the notice shall be served on the alleged partner personally;

(c)

on the hearing of the application, [ the judge or district judge as the case may be]—

(i)

if liability is not disputed, may give leave for application to be made for enforcement under the Judgments Enforcement (Northern Ireland) Order 1981f3;

(ii)

if liability is disputed, may order the issue of liability to be tried in such manner as he thinks fit and may give any necessary directions for that purpose.

Annotations

Footnotes

f1

Words substituted by S.R. 1995 No. 151 with effect from 01.09.95

f2

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

f3

S.I. 1981/226 (N.I. 6)