Rule 6 Applications for dismisses
Northern Ireland
If the plaintiff in any action ordered by the High Court to be heard or remitted by the High Court for hearing in any county court under the provisions of any enactment, omits or refuses to lodge the requisite documents, the defendant may, [f1 at any time after a period of 4 months has elapsed from the date of the order for remittal], lodge with the chief clerk a certified copy of the notice or remittal served on him by the proper officer of the Court of Judicature in accordance with Rule 8(b) of Order 78 of the Rules of the Court of Judicature (Northern Ireland) 1980f2 and the copy of the writ of summons or other originating process served on the defendant verified by affidavit, for the purpose of having the action dismissed by [f3 the judge or district judge as the case may be].
[f4 . . .]
Where a defendant lodges the documents mentioned in paragraph (1) in accordance with that paragraph, [f5 . . .] [ the judge or district judge as the case may be] shall have the like power, jurisdiction and authority to dismiss the case and to award costs to the defendant as if the plaintiff had lodged the order for hearing and other requisite documents [ . . .].
In relation to an action to which Order 22 Rule 8(6) applies, paragraphs (1) and (3) shall have effect as if the reference—
to the plaintiff or defendant were, as the case may be, to the defendant or plaintiff; and
to a copy of the writ of summons or other originating process were to the original thereof together with particulars of the counterclaim.
Annotations
Footnotes
- f1
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Words substituted by S.R. 1995 No. 282 with effect from 1.9.95
- f2
- f3
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Words amended by S.R. 2013 No. 19 with effect from 25.02.13
- f4
-
Rules 5 6(2), 8 and 9 revoked by S.R. 1995 No. 151 with effect from 1.9.95
- f5
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Words deleted by S.R. 1995 No. 151 with effect from 1.9.95