Rule 2 [Cases in which service of originating process out of Northern Ireland is permissible
Northern Ireland
Except in proceedings to which paragraph (2) or (3) apply, service of an originating process out of Northern Ireland is permissible with the leave of the Court where—
relief is sought against a person domiciled in Northern Ireland;
an injunction is sought ordering the defendant to do or refrain from doing anything within Northern Ireland (whether or not damages are also being claimed in respect of a failure to do or the doing of that thing);
the claim is brought against any person duly served within or out of Northern Ireland and a person out of Northern Ireland is a necessary or proper party thereto;
the claim is brought to enforce, rescind, dissolve, annul or otherwise affect a contract, or to recover damages or obtain other relief in respect of the breach of a contract being (in either case) a contract which—
was made within Northern Ireland, or
was made by or through an agent trading or residing within Northern Ireland on behalf of a principal trading or residing out of Northern Ireland, or
is by its terms, or by implication, governed by the law of Northern Ireland;
the claim is brought in respect of a breach committed within Northern Ireland of a contract made within or out of Northern Ireland, and irrespective of the fact, if such be the case, that the breach was preceded or accompanied by a breach committed out of Northern Ireland that rendered impossible the performance of so much of the contract as ought to have been performed within Northern Ireland;
the claim is founded on a tort and the damage was sustained, or resulted from an act committed, within Northern Ireland;
the whole subject-matter of the proceedings is land situate within Northern Ireland (with or without rent or profits);
the proceedings are brought to construe, rectify, set aside or enforce an act, deed, will, contract, obligation or liability affecting land situate within Northern Ireland;
the claim is made for the debt secured on immovable property or is made to assert, declare or determine proprietary or possessory rights or rights of security in or over movable property, or to obtain authority to dispose of movable property, situate within Northern Ireland;
the claim is brought to execute the trusts of a written instrument, being trusts that ought to be executed according to the law of Northern Ireland and of which the person to be served with the originating process is a trustee, or for any relief or remedy which might be obtained when such a claim is brought;
the claim is made for the administration of the estate of a person who died domiciled in Northern Ireland or for any relief or remedy which might be obtained in any such action;
the claim is brought to enforce any judgment or arbritral award;
the claim is brought against a defendant not domiciled in England and Wales or Scotland in respect of a claim by the Commissioners of Inland Revenue for or in relation to any of the duties or taxes which have been, or are for the time being, placed under their care and management;
the claim is brought in respect of contributions under the Social Security (Northern Ireland) Act 1975;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Service of originating process out of Northern Ireland is permissible without the leave of the court where each claim made is one which the court has power to hear and determine by virtue of the Civil Jurisdiction and Judgments Act 1982 made in proceedings to which the following conditions apply—
no proceedings between the parties concerning the same, cause of action are pending in the courts of any part of the United Kingdom or of any other Convention territory; and
the defendant is domiciled in any part of the United Kingdom or of any other Convention territory, or
the proceedings begun by the originating process are proceedings to which F2... Article 16 of Schedule 3C or, Article 16 of Schedule 4 that Act refers, or
Service of originating process out of Northern Ireland is permissible without the leave of the court where each claim made is one which by virtue any other enactment the court has power to hear and determine notwithstanding that the person against whom the claim is made is not within Northern Ireland or that the wrongful act, neglect or default giving rise to the claim did not take place within Northern Ireland.
For the purposes of this Rule domicile is to be determined in accordance with the provisions of sections 41 to 46 of the Civil Jurisdiction and Judgments Act 1982.]
Annotations
Textual amendments
- F1
Order 6A rule 2(1)(o) omitted (31.12.2020) by virtue of The County Court (Amendment) Rules (Northern Ireland) 2019 (S.R. 2019/234), rules 1, 3(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
- F2
Words in Order 6A rule 2(2)(b)(ii) omitted (31.12.2020) by virtue of The County Court (Amendment) Rules (Northern Ireland) 2019 (S.R. 2019/234), rules 1, 3(2)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Words in Order 6A rule 2(2)(b)(iii) omitted (31.12.2020) by virtue of The County Court (Amendment) Rules (Northern Ireland) 2019 (S.R. 2019/234), rules 1, 3(2)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Footnotes
- f1
-
Words inserted by S.R. 1992 No. 478 with effect from 1.1.93
- f2
-
New Rule substituted 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