OpenLegislation

Rule 7 Set-off and counterclaim in proceedings by and against the Crown

Northern Ireland

(1)

In proceedings by the Crown for the recovery of any taxes, duties or penalties, a defendant shall not be entitled to avail himself of any set-off or counterclaim.

(2)

In any proceedings by the Crown other than those referred to in paragraph(l), a defendant shall not be entitled to avail himself of any set-off or counterclaim arising out of a right or claim to repayment in respect of any taxes, duties or penalties.

(3)

A defendant shall not be entitled, without the leave of [f1 the judge] (to be obtained on application of which notice has been given to the Crown before the beginning of a period of four days ending on the date of the application) to avail himself of any set-off or counterclaim if—

(a)

the subject matter of the set-off or counterclaim does not relate to the government department in whose name the proceedings are brought; or

(b)

the proceedings are brought in the name of the Attorney-General.

(4)

In proceedings against the Crown, the Crown shall not be entitled, without the leave of [ the judge or district judge as the case may be] (to be obtained on application of which notice has been given to the plaintiff before the beginning of a period of four days ending on the days of the application), to avail itself of any set-off or counterclaim if—

(a)

the Crown is sued in the name of a government department and the subject matter of the set-off or counterclaim does not relate to that department; or

(b)

the Crown is sued in the name of the Attorney-General.

Annotations

Footnotes

f1

Words amended by S.R. 2013 No. 19 with effect from 25.02.13