OpenLegislation

Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Rules.)

These Rules amend the Rules of the Supreme Court (Northern Ireland) 1980—

(a)

assigning proceedings under the Family Homes and Domestic Violence (Northern Ireland) Order 1998 to the Family Division;

(b)

to prescribe procedures for applications under Articles 32, 33 and 35 of the Wills and Administration Proceedings (Northern Ireland) Order 1994;

(c)

by amending Order 33 to provide for the powers of a judge under Articles 10 and 11(1) of the Juries (Northern Ireland) Order 1996 to be exercised by the Principal Clerk of the Central Office;

(d)

by amending Order 82 (defamation actions) by substituting a new rule 3 (obligation to give particulars) and inserting a new rule 3A prescribing a procedure for rulings on meaning;

(e)

by amending Order 94 to provide that appeals on a point of law under Article 24 of the Education (Northern Ireland) Order 1996 from the Special Educational Needs Tribunal to the High Court shall be by way of case stated in accordance with Order 56;

(f)

by amending Order 97, rule 4(3) to increase the time restriction on the grant of letters of administration issuing (except with the leave of the Master (Probate and Matrimonial) from 14 days after the death of the deceased to 28 days. This is to reflect section 6A of the Administration of Estates Act (Northern Ireland) 1955 as inserted by Article 3(1) of the Succession (Northern Ireland) Order 1996;

(g)

by adding a new Order 119 prescribing the procedure for an application for a warrant under Article 5 of the Protection from Harassment (Northern Ireland) Order 1997.