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Rule 1 Interpretation

Northern Ireland

In this Order the following words and expressions have the following meanings, unless a contrary intention appears:—

  • “originating process” includes a third party notice [f1 . . .];

  • “interlocutory process” means an order, notice or summons made, given or issued in proceedings already commenced in or remitted to a county court;

  • “process” means an originating process or an interlocutory process;

  • “country” means a foreign country, or any country mentioned in Rule 7(5);

  • “country of service” means the country in which a process is to be served or is served pursuant to leave granted under this Order;

  • “convention country” means a foreign country with which a convention has been made in relating to civil procedure including the service documents issued from Northern Ireland in the foreign country and includes a country which is a party to the Hague Convention;

  • [f2 “convention territory” means the territory or territories of any Contracting State, as defined by section 1(3) of the Civil Jurisdiction and Judgments Act 1982 F1... ;]

  • “Hague Convention” means the Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil or Commercial matters signed at The Hague on 15th November 1965f3;

  • “associated state” has the meaning given to it by the Interpretation Act 1978f4;

  • “colony” has the meaning given to it by the Interpretation Act 1978;

  • “applicant” means the party applying for or obtaining leave under this Order to serve a process outside Northern Ireland [f5 or, where leave is not required, the party serving a process out of Northern Ireland;]

  • “respondent” means the party on whom the applicant seeks or obtains leave to serve a process [ or, where leave is not required, the party on whom a process is served out of Northern Ireland.]

Annotations

Textual amendments

F1

Words in Order 6A rule 1 omitted (31.12.2020) by virtue of The County Court (Amendment) Rules (Northern Ireland) 2019 (S.R. 2019/234), rules 1, 3(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

Footnotes

f1

Words deleted by S.R. 2002 No. 255 with effect from 4.11.02

f2

Words inserted by S.R. 1986 No. 347 with effect from 1.1.87

f3

Cmnd. 3986

f4

1978 c. 30

f5

Words inserted by S.R. 1986 No. 347 with effect from 1.1.87

Notes on Part [ ORDER 6A

Footnotes

f1

Order 6A inserted by S.R. 1983 No. 14 with effect from 14.3.83