County Courts (Northern Ireland) Order 1980
1980/397 · Made 19 March 1980 · Extends to Northern Ireland
[19th March 1980] C1
Annotations to the whole text
Modifications
- C1
Order: functions of Lord Chancellor transferred to Department of Justice (except for Article 47 so far as relating to the functions of the Lord Chancellor in relation to county court rules which deal (or would deal) with an excepted matter) (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(1), Sch. 17 para. 33 (with arts. 15(6), 28-31); S.I. 2010/977, art. 1(2)
Contents
- Part I: INTRODUCTORY
- 1Title and commencement
- 2Interpretation
- Part II: HOLDING OF COUNTY COURTS
- 3County courts ...
- 4Directions as to holding of courts
- 5Courthouses
- 6Appointment of days for holding of ordinary sittings
- 7Additional and extraordinary sittings
- 8Adjournments
- 9Order of hearing
- Part III: ORIGINAL CIVIL JURISDICTION
- General Jurisdiction
- 10General civil jurisdiction
- Recovery of Legacies, Annuities, etc.
- 11Recovery of legacies, annuities, etc.
- Actions for Recovery of, or involving title to, Land
- 12Actions for recovery of, or involving title to, land
- Injunctions
- 13Jurisdiction as respects injunctions
- Equity Jurisdiction
- 14Jurisdiction in equity matters
- Probate Jurisdiction
- 15Jurisdiction in contentious probate matters
- 16Power to grant limited administration
- 17Representatives to lodge accounts if required
- Funds in Court
- 18Lodgment in court of legacies, etc., of infants and absentees
- 19Payment into court under Trustee Act
- 20Payment into court in administration suits, etc.
- 21Transfer to county court of money recovered in High Court by infants, etc.
- Power to increase Jurisdiction
- 22Power to increase civil jurisdiction of county courts
- Jurisdiction by Agreement in, and Transfer of, Civil Proceedings
- 23Agreement conferring original civil jurisdiction
- 24Procedure in proceedings beyond jurisdiction commenced in county court
- 25Transfer from one county court to another
- 26Actions transferred from courts of summary jurisdiction
- Remittal and Removal
- 27Saving for powers of remittal and removal
- Part IV: APPEALS AND APPLICATIONS TO COUNTY COURTS
- 28Appeals and applications to county courts
- Part V: SUPPLEMENTAL PROVISIONS RESPECTING JURISDICTION OF COUNTY COURTS
- Chapter (i): EXERCISE OF JURISDICTION OF COUNTY COURTS
- 29Exercise of jurisdiction of county court
- Chapter (ii): PROVISIONS SUPPLEMENTAL TO CIVIL JURISDICTION
- Exercise of Civil Jurisdiction
- 30Civil jurisdiction exercisable by circuit registrars
- 31Arbitration
- 32Reference to officer
- 33Assessors
- Extent of Powers of County Court
- 34County court to have powers of High Court
- 35Power of High Court to grant injunctions
- Institution of Civil Proceedings
- 36Division of causes of action
- 37No action on judgment of other courts
- Parties
- 38Civil proceedings by and against the Crown
- 39Capacity of parties
- 40Third and subsequent parties
- Process
- 41Service of process
- 42Offences in relation to civil process
- Discovery and related procedures
- 42APowers of court exercisable before commencement of action
- 42BPower of court to order disclosure of documents, inspection of property etc. in proceedings for personal injuries or death
- 42CProvisions supplementary to Articles 42A and 42B
- Witnesses
- 43Subpoenas and commissions for examination of witnesses
- 44Evidence of prisoners
- Decrees
- 45Decrees
- 45AInterest on debts and damages
- Chapter (iii): PROVISIONS SUPPLEMENTAL TO BOTH CIVIL AND CRIMINAL JURISDICTION
- Practice and Procedure
- 46County court rules committee
- 47Making of county court rules
- 47AControl of county court rules
- 48Powers of Rules Committee
- 49Application of High Court practice
- 50Right of audience
- 51Powers as respects solicitors
- 53Interpreters and shorthand-writers
- Contempt of Court, etc.
- 54Refusal to appear, be sworn or give evidence
- 55Contempt of court
- Miscellaneous
- 56Affidavits
- 57Evidence of records
- 58Information to be furnished to Lord Chancellor
- 59County court seal
- Part VI: APPEALS FROM AND CASES STATED BY COUNTY COURTS
- Appeals
- 60Ordinary appeals from the county court in civil cases
- 61Cases stated by county court judge
- 61AAppeals from decisions under Part I of Arbitration Act 1996
- 62Cases stated by High Court on appeal from county court
- Supplemental provisions
- 63Special provisions as to cases stated under Article 61 on appeal from magistrates' court
- 64Powers of appellate court
- 65Single mode of appeal in all cases
- 66Practice and procedure
- Part VII: FINANCIAL AND SUPPLEMENTARY PROVISIONS
- 67Financial provisions
- 68Amendments
- 69Transitional provisions and repeals
- Schedule Schedule
- Schedule 2: TRANSITIONAL PROVISIONS
- 1Paragraph 1
- 2Paragraph 2
- Paragraph
- 4Paragraph 4
- 5Paragraph 5
- Schedule Schedule