Rule 5 Application to be supported by evidence

Northern Ireland

(1)

An application for leave to serve a process on a respondent out of Northern Ireland shall be ex parte to [^f1 the judge] (or in an action in which the amount claimed or the value of specific chattels claimed does not exceed [^f2 £10,000], to the [^f3 district judge] and shall be supported by affidavit or other evidence—

(a)

stating that in the belief of the deponent the applicant has a good cause of action; and

(b)

showing—

(i)

in what country and place the respondent is or may probably be found; and

(ii)

whether the respondent is a United Kingdom national or not; and

(iii)

the grounds on which the application is [^f4 made, and]

[(iv)

^f5 where the application is made under Rule 2(1)(c), the grounds for the deponent’s belief that there is between the applicant and the person on whom an originating process has been served a real issue which the applicant may reasonably ask the court to try.]

(2)

Leave shall not be granted unless it appears to the court that the case is a proper one for service out of Northern Ireland.

Annotations

Footnotes

f1: Words amended by S.R. 2013 No. 19 with effect from 25.02.13
f2: Figure substituted by S.R. 2013 No. 19 with effect from 25.02.13
f3: To be construed as such by S.R. 1991 No. 230 with effect from 28.6.91
f4: Words substituted by S.R. 1986 No. 347 with effect from 1.1.87
f5: Paragraph 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