Explanatory note

(This note is not part of the Rules.)

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

(a)

implement recommendations 1 (overriding objective) and 51 (taxation of single item) of the Final Report of the Civil Justice Reform Group (Rules 2, 3, 9 and 11);

(b)

ensure that all persons in occupation of mortgaged properties are afforded adequate notice of proceedings for possession or made parties to such proceedings (Rules 8, 10 and 11);

(c)

take account of the Civil Evidence (Northern Ireland) Order 1997 (Rules 4 to 7);

(d)

take account of the Consumer Credit Act 1974 insofar as it relates to regulated agreements secured by mortgage (Rules 10 and 11);

(e)

take account of Article 6 of the Family Homes and Domestic Violence (Northern Ireland) Order 1998 in the context of applications relating to mortgaged properties (Rule 10);

(f)

ensure that copies of exhibits to the plaintiff’s grounding affidavits in mortgage actions for possession are served on defendants who do not enter appearances (Rule 10); and

(g)

ensure that sufficient particulars of mortgage interest are available (Rule 10).