Rule 2 Lodging of certain appeals to the county court

Northern Ireland

(1)

This rule shall apply to an appeal to the county court under—

(a)

Article 15 of the 1977 Order;

(b)

Article 16 of the 1988 Order;

(c)

section 28(4) or (5) of the 1978 Act and for the purposes of appeals under the 1978 Act references in this Order and in Forms 373 to 386 to section 63(3) of the 1991 Act shall be construed as references to section 28(4) of the 1978 Act and references to section 63(4) of the 1991 Act shall be construed as references to section 28(5) of the 1978 Act;

(d)

section 63(3) or (4) of the 1991 Act.

(2)

Subject to any directions under Article 4 of the Order, an appeal shall be heard at the ordinary sittings of the county courts F1... at such times as the Lord Chancellor may appoint in accordance with Article 6 of the Order.

F2(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

An appeal shall be by notice in one of Forms 324 to 327, 347 or 373 to 375 as appropriate and the appellant shall serve a copy on the Secretary of State at the address of the department dealing with the application for compensation.

(5)

The appellant shall lodge the appeal by delivering the notice to the chief clerk at his office duly endorsed as to service and attach to it—

(a)

any certificate of posting;

(b)

a copy of any notice of determination served on the appellant under Article 15(1) of the 1977 Order, Article 12(1) or (2) of the 1988 Order or section 63(3) or (4) of the 1991 Act as appropriate endorsed with a certificate as to the date of service of the notice on him;

(c)

a copy of any written notice of intention to apply for compensation served on the Secretary of State in accordance with Article 7(1) of the 1977 Order or Article 5(4)(b) of the 1988 Order; and

(d)

a copy of any written form of application for compensation made under Article 8 of the 1977 Order, Article 4 of the 1988 Order or section 63(2) of the 1991 Act.

(6)

The notice shall state whether the appeal is against the entire determination or only against so much thereof as the appellant disputes and in every case the grounds of appeal.

(7)

Nothing in this rule shall prevent the court from considering other items specified in the determination or from considering grounds of appeal not referred to in the notice.

(8)

The appellant shall request the chief clerk to enter the appeal for hearing by delivering to the chief clerk at his office a certificate of readiness in Form 346 and the appellant shall serve a copy on the Secretary of State at the address of the department dealing with the application for compensation.

(9)

Upon receipt of a certificate of readiness the chief clerk shall enter the appeal for hearing [^f1 . . .], and shall cause notice of such hearing to be given to the parties.

(10)

Without prejudice to paragraph (7), the chief clerk may enter an appeal for hearing and shall cause notice of such hearing to be given to the parties notwithstanding that a certificate of readiness has not been delivered by the appellant.

(11)

A certificate for the purposes of section 25 of the Crown Proceedings Act 1947^f2 of an order allowing an appeal under Article 15 of the 1977 Order, Article 16 of the 1988 Order or section 63 of the 1991 Act shall be in one of Forms 328 to 331, 348 or 376 to 377 as appropriate and an order dismissing such appeal shall be in one of Forms 332 to 334, 349 or 378 to 381 as appropriate.

Annotations

Textual amendments

F1: Words in Order 54 rule 2(2) omitted (31.10.2016) by virtue of The County Court (Amendment) Rules (Northern Ireland) 2016 (S.R. 2016/302), rules 1, 3(22)(a); S.R. 2016/387, art. 2
F2: Order 54 rule 2(3) omitted (31.10.2016) by virtue of The County Court (Amendment) Rules (Northern Ireland) 2016 (S.R. 2016/302), rules 1, 3(22)(b); S.R. 2016/387, art. 2

Rule 2 Lodging of certain appeals to the county court

Annotations

Textual amendments

Footnotes

Notes on Part [ ORDER 54

Footnotes