Rule 11 Counterclaim

Northern Ireland

(1)

^f1This rule only applies where the plaintiff’s cause of action (or if there is more than one cause of action the principal cause of action):

(a)

related to contracts for works of building or engineering construction, contracts of engagement of architects, engineers or quantity surveyors, the sale of goods, insurance, banking, the export or import of merchandise, shipping or other mercantile matters, agency, bailment, carriage of goods, professional or clinical negligence or title to land;

(b)

claimed assault, battery, wrongful arrest or false imprisonment and where a named defendant is the Ministry of Defence, Chief Constable of the Police Service of Northern Ireland or Head of the Northern Ireland Prison Service;

[^f2 . . .]

[(ba)

^f3claimed diffuse mesothelioma or any asbestosis related disease; or]

(c)

was brought under:

(i)

Part IV of the Sex Discrimination (Northern Ireland) Order 1976^f4;

(ii)

Part III of the Race Relations (Northern Ireland) Order 1997^f5;

(iii)

Part IV of the Fair Employment and Treatment (Northern Ireland) Order 1998^f6;

(iv)

Part III of the Disability Discrimination Act 1995^f7;

(v)

section 76 of the Northern Ireland Act 1998^f8;

[(vi)

^f9regulations 24 or 25 of the Employment Equality (Age) Regulations (Northern Ireland) 2006^f10; [^f11 . . .]

(vii)

regulations 5 to 17 of the Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006^f12];

[(viii)

^f13the Consumer Credit Act 1974; or

(ix)

the Special Educational Needs and Disability (Northern Ireland) Order 2005.]

(2)

Subject to paragraph (4) where, at the conclusion of a cause of action to which this rule applies, [^f14 the judge or district judge as the case may be] is satisfied that the issues in the case were of particular complexity, he may order that the parties receive an enhancement of their costs in addition to the scale costs set out in Appendix 2.

(3)

The amount of any enhancement under this rule shall be one-third of the scale fee in Appendix 2 to which the parties are entitled.

[^f15 . . .]

Annotations

Footnotes

f1: Rule 11 inserted by S.R. 2002 No. 412 with effect from 3.3.03
f2: Word omitted by S.R. 2013 No. 19 with effect from 25.2.13
f3: Sub-paragraph inserted by S.R. 2013 No. 19 with effect from 25.2.13
f4: S.I. 1976/1042 (N.I. 5)
f5: S.I. 1997/869 (N.I. 6)
f6: S.I. 1998/3162 (N.I. 21)
f7: 1995 c. 50
f8: 1998 c. 47
f9: Sub-paragraphs (vi) and (vii) inserted by S.R. 2007 No. 500 with effect from 07.01.08
f10: S.R. 2006 No. 261
f11: Word omitted by S.R. 2013 No. 19 with effect from 25.02.13
f12: S.R. 2006 No. 439
f13: Sub-paragraph inserted by S.R. 2013 No. 19 with effect from 25.02.13
f14: Words amended by S.R. 2013 No. 19 with effect from 25.02.13
f15: Paragraphs 4 & 5 of rule 11 omitted by S.R. 2013 No. 19 with effect from 25.02.13