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County Courts (Northern Ireland) Order 1980

1980/397 · Made 19 March 1980 · Extends to Northern Ireland

Not fully up to date. 6 changes made by later legislation have not yet been written into this text, which is revised to 3 October 2022.

See the changes not yet applied
ProvisionChangeMade by
art. 50(1)(c)words repealedJustice Act (Northern Ireland) 2011 s. 89(3) Sch. 8 Pt. 4
art. 28(3A)words substitutedMental Capacity Act (Northern Ireland) 2016 Sch. 10 para. 15(2)
art. 28(3B)words substitutedMental Capacity Act (Northern Ireland) 2016 Sch. 10 para. 15(3)(a)
art. 28(3B)words substitutedMental Capacity Act (Northern Ireland) 2016 Sch. 10 para. 15(3)(b)
art. 28(4)words insertedMental Capacity Act (Northern Ireland) 2016 Sch. 10 para. 15(4)
Instrumentam (prosp)The Criminal Justice (Northern Ireland) Order 1994 art.3(5), Sch.1

[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

  1. Part I: INTRODUCTORY
  2. 1Title and commencement
  3. 2Interpretation
  4. Part II: HOLDING OF COUNTY COURTS
  5. 3County courts ...
  6. 4Directions as to holding of courts
  7. 5Courthouses
  8. 6Appointment of days for holding of ordinary sittings
  9. 7Additional and extraordinary sittings
  10. 8Adjournments
  11. 9Order of hearing
  12. Part III: ORIGINAL CIVIL JURISDICTION
  13. General Jurisdiction
  14. 10General civil jurisdiction
  15. Recovery of Legacies, Annuities, etc.
  16. 11Recovery of legacies, annuities, etc.
  17. Actions for Recovery of, or involving title to, Land
  18. 12Actions for recovery of, or involving title to, land
  19. Injunctions
  20. 13Jurisdiction as respects injunctions
  21. Equity Jurisdiction
  22. 14Jurisdiction in equity matters
  23. Probate Jurisdiction
  24. 15Jurisdiction in contentious probate matters
  25. 16Power to grant limited administration
  26. 17Representatives to lodge accounts if required
  27. Funds in Court
  28. 18Lodgment in court of legacies, etc., of infants and absentees
  29. 19Payment into court under Trustee Act
  30. 20Payment into court in administration suits, etc.
  31. 21Transfer to county court of money recovered in High Court by infants, etc.
  32. Power to increase Jurisdiction
  33. 22Power to increase civil jurisdiction of county courts
  34. Jurisdiction by Agreement in, and Transfer of, Civil Proceedings
  35. 23Agreement conferring original civil jurisdiction
  36. 24Procedure in proceedings beyond jurisdiction commenced in county court
  37. 25Transfer from one county court to another
  38. 26Actions transferred from courts of summary jurisdiction
  39. Remittal and Removal
  40. 27Saving for powers of remittal and removal
  41. Part IV: APPEALS AND APPLICATIONS TO COUNTY COURTS
  42. 28Appeals and applications to county courts
  43. Part V: SUPPLEMENTAL PROVISIONS RESPECTING JURISDICTION OF COUNTY COURTS
  44. Chapter (i): EXERCISE OF JURISDICTION OF COUNTY COURTS
  45. 29Exercise of jurisdiction of county court
  46. Chapter (ii): PROVISIONS SUPPLEMENTAL TO CIVIL JURISDICTION
  47. Exercise of Civil Jurisdiction
  48. 30Civil jurisdiction exercisable by circuit registrars
  49. 31Arbitration
  50. 32Reference to officer
  51. 33Assessors
  52. Extent of Powers of County Court
  53. 34County court to have powers of High Court
  54. 35Power of High Court to grant injunctions
  55. Institution of Civil Proceedings
  56. 36Division of causes of action
  57. 37No action on judgment of other courts
  58. Parties
  59. 38Civil proceedings by and against the Crown
  60. 39Capacity of parties
  61. 40Third and subsequent parties
  62. Process
  63. 41Service of process
  64. 42Offences in relation to civil process
  65. Discovery and related procedures
  66. 42APowers of court exercisable before commencement of action
  67. 42BPower of court to order disclosure of documents, inspection of property etc. in proceedings for personal injuries or death
  68. 42CProvisions supplementary to Articles 42A and 42B
  69. Witnesses
  70. 43Subpoenas and commissions for examination of witnesses
  71. 44Evidence of prisoners
  72. Decrees
  73. 45Decrees
  74. 45AInterest on debts and damages
  75. Chapter (iii): PROVISIONS SUPPLEMENTAL TO BOTH CIVIL AND CRIMINAL JURISDICTION
  76. Practice and Procedure
  77. 46County court rules committee
  78. 47Making of county court rules
  79. 47AControl of county court rules
  80. 48Powers of Rules Committee
  81. 49Application of High Court practice
  82. 50Right of audience
  83. 51Powers as respects solicitors
  84. 53Interpreters and shorthand-writers
  85. Contempt of Court, etc.
  86. 54Refusal to appear, be sworn or give evidence
  87. 55Contempt of court
  88. Miscellaneous
  89. 56Affidavits
  90. 57Evidence of records
  91. 58Information to be furnished to Lord Chancellor
  92. 59County court seal
  93. Part VI: APPEALS FROM AND CASES STATED BY COUNTY COURTS
  94. Appeals
  95. 60Ordinary appeals from the county court in civil cases
  96. 61Cases stated by county court judge
  97. 61AAppeals from decisions under Part I of Arbitration Act 1996
  98. 62Cases stated by High Court on appeal from county court
  99. Supplemental provisions
  100. 63Special provisions as to cases stated under Article 61 on appeal from magistrates' court
  101. 64Powers of appellate court
  102. 65Single mode of appeal in all cases
  103. 66Practice and procedure
  104. Part VII: FINANCIAL AND SUPPLEMENTARY PROVISIONS
  105. 67Financial provisions
  106. 68Amendments
  107. 69Transitional provisions and repeals
  108. Schedule Schedule
  109. Schedule 2: TRANSITIONAL PROVISIONS
  110. 1Paragraph 1
  111. 2Paragraph 2
  112. Paragraph
  113. 4Paragraph 4
  114. 5Paragraph 5
  115. Schedule Schedule