{
  "url": "https://openlegislation.uk/county-court-rules-northern-ireland-1981/part-7/rule-7",
  "json_url": "https://openlegislation.uk/county-court-rules-northern-ireland-1981/part-7/rule-7.json",
  "legislation": "nisr/1981/225",
  "legislation_title": "County Court Rules (Northern Ireland) 1981",
  "legislation_url": "https://openlegislation.uk/county-court-rules-northern-ireland-1981",
  "path": "part/7/rule/7",
  "kind": "rule",
  "number": "7",
  "heading": "Set-off and counterclaim in proceedings by and against the Crown",
  "text": "(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.\n(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.\n(3) A defendant shall not be entitled, without the leave of [ 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—\n(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\n(b) the proceedings are brought in the name of the Attorney-General.\n(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—\n(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\n(b) the Crown is sued in the name of the Attorney-General.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Words amended by S.R. 2013 No. 19 with effect from 25.02.13"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/1981/225/part/7/rule/7",
    "retrieved_at": "2026-10-29T03:45:17.527867+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}