Article 4 Appeals to a county courtI1
Northern Ireland
A party who intends to rely on a Convention right or rights in an appeal from a magistrates' court to a county court shall state that fact and shall specify such details as are referred to in paragraph (4)—
if he is an appellant, in the notice of appeal;
if he is a respondent, in a notice in Form 2.
A notice in Form 2 shall be be served by ordinary first class post on each of the other parties to the appeal and on the Chief Clerk F1....
The following shall be specified in accordance with paragraph (1)—
details of the Convention right or rights which is alleged have been (or would be) infringed and details of the alleged infringement;
whether the appellant is claiming for damages in respect of a judicial act to which section 9(3) of the Act applies;
where the appeal relates to a judicial act which is alleged to have infringed a Convention right or rights of a party as provided by section 9, details of the judicial act complained of and of the magistrates' court which is alleged to have performed that act.
Paragraph (3)(a) shall not appply to any appellant or respondent except where such an appellant or respondent intends to rely on a Convention right or rights not relied upon by him before the magistrates' court from whose decision the appeal is brought.
Annotations
Textual amendments
- F1
Words in rule 4(2) omitted (31.10.2016) by virtue of The Magistrates’ Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2016 (S.R. 2016/303), rules 2, 28(2); S.R. 2016/387, art. 2(a)
Commencement
- I1
Rule 4 in operation at 2.10.2000, see rule 1