Rule 8.53 Appeal against the court’s decision under rules 8.49, 8.50 or 8.52F1

Northern Ireland

(1)

An appeal against the court’s decision under rules 8.49, 8.50 or 8.52 must be made to a judge of the High Court—

(a)

within one month of the date of service of the notice of registration; or

(b)

if the party bringing the appeal is habitually resident in another F2... Contracting State, within two months of the date of service.

F3(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

IfF4... the appeal is brought by the applicant for a declaration of enforceability or registration and the respondent fails to appear—

(a)

where the Hague Convention of 15 November 1965 on the service abroad of judicial and extrajudicial documents in civil or commercial matters applies, the court must apply Article 15 of that Convention; and

(b)

in all other cases, the court will not consider the appeal unless—

(i)

it is proved to the satisfaction of the court that the respondent was served with notice of the appeal within a reasonable period of time to arrange his or her response; or

(ii)

the court is satisfied that the circumstances of the case justify proceeding with consideration of the appeal.

(4)

This rule is subject to rule 8.54.

Annotations

Textual amendments

F1: Rules 8.33-8.63 substituted for rules 8.33-8.48 (25.3.2011 for specified purposes, 1.11.2012 in so far as not already in operation) by The Family Proceedings (Amendment) Rules (Northern Ireland) 2011 (S.R. 2011/64), rules 1, 2(5), Sch. 2
F2: Words in rule 8.53(1)(b) omitted (31.12.2020) by virtue of The Family Proceedings (Amendment) Rules (Northern Ireland) 2019 (S.R. 2019/235), rules 1(1), 2(30)(a) (with rule 3); 2020 c. 1, Sch. 5 para. 1(1)
F3: Rule 8.53(2) omitted (31.12.2020) by virtue of The Family Proceedings (Amendment) Rules (Northern Ireland) 2019 (S.R. 2019/235), rules 1(1), 2(30)(b) (with rule 3); 2020 c. 1, Sch. 5 para. 1(1)
F4: Words in rule 8.53(3) omitted (31.12.2020) by virtue of The Family Proceedings (Amendment) Rules (Northern Ireland) 2019 (S.R. 2019/235), rules 1(1), 2(30)(c) (with rule 3); 2020 c. 1, Sch. 5 para. 1(1)

Notes on Chapter

Textual amendments

F1: Words in the heading before rule 8.33 omitted (31.12.2020) by virtue of The Family Proceedings (Amendment) Rules (Northern Ireland) 2019 (S.R. 2019/235), rules 1(1), 2(15)(a) (with rule 3); 2020 c. 1, Sch. 5 para. 1(1)

Footnotes

f1: Rules 8.33 - 8.63 substituted by S.R. 2011 No. 64 with effect from 25.03.11