# County Court Rules (Northern Ireland) 1981, Rule 7: Set-off and counterclaim in proceedings by and against the Crown

Extent: N.I.

(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 [ 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.

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Source: https://www.legislation.gov.uk/nisr/1981/225/part/7/rule/7 (the official version)
Page: https://openlegislation.uk/county-court-rules-northern-ireland-1981/part-7/rule-7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.