Explanatory note
(This note is not part of the Rules.)
These Rules amend Order 38 (Evidence) of the Rules of the Supreme Court (Northern Ireland) 1980 so as to allow evidence of any particular fact to be given by live television link, telephone or any other method of direct communication.
These Rules also amend Order 88 (Mortgage actions) so as to –
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include any postal address for the security in the description in the originating summons;
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reflect the requirement for notice to be sent in certain circumstances to prior mortgagees;
Appendix A to the principal Rules is amended by replacing Forms 10A and 10B with a new Form 10A: a single form of notice explaining to mortgagor defendants the procedures in residential property cases, should they wish to apply for time to address their obligations:
under agreements which are regulated by the Consumer Credit Act 1970; and
under agreements which are not so regulated and to which the Court’s powers under section 36 of the Administration of Justice Act 1970 and section 8 of the Administration of Justice Act 1973 are applicable.
The new Form 10A includes an explanation of the requirement for production of a letter from an estate agent by a defendant who is seeking time to find a purchaser and complete a sale of the mortgaged property. The new notice will also have attached to it a form of detailed written budget.
These Rules also substitute a new Form 38 (Notice of application to the High Court for bail) into Appendix A of the principal Rules to allow for information regarding readiness to proceed to be included in the notice of application.