Explanatory note
(This note is not part of the Rules.)
These Rules amend the Rules of the Supreme Court (Northern Ireland) 1980. The amendments are as follows—
Order 6 is amended to prescribe the particulars to be endorsed on a writ where statutory interest is claimed under the Late Payment of Commercial Debts (Interest) Act 1998;
Order 14, rule 1(2)(b) is revoked so as to allow the summary judgment procedure to be applied to claims involving allegations of fraud;
Order 16, rule 4 is amended to provide automatic directions for the conduct of third party proceedings on the entering of an appearance by the third party;
Order 22 is amended in consequence of the new arrangements in relation to payments into court where the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 applies;
Order 38 is amended in consequence of the Civil Evidence (Northern Ireland) Order 1997 principally to provide that where a hearsay statement is adduced in civil proceedings that the maker of the statement may be called and cross-examined;
Orders 61 and 94 are amended to make provision for appeals by way of case stated to the Court of Appeal (with leave) from the Special Immigration Appeals Commission;
Order 88 is amended—
to insert a new rule 4A requiring a plaintiff in a mortgage action for possession of a dwelling to serve a notice on the defendant setting out particulars in relation to the Court’s powers to adjourn proceedings or stay or suspend the execution of a judgment under section 36 of the Administration of Justice Act 1970 (as amended by section 8 of the Administration of Justice Act 1973); and
to substitute for the present rule 5(6) a new provision requiring a plaintiff claiming payment of money in a mortgage action to set out in greater detail how his claim is calculated.