Explanatory note

(This note is not part of the rules.)

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

(a)

to amend Order 11 (Service out of the jurisdiction) by providing for applications under the Financial Services Act 1986 and the Banking Act 1987 and by permitting service out of the jurisdiction, with leave of the Court, of a writ seeking certain remedies against a defendant in respect of acts committed within the jurisdiction (rule 3);

(b)

to amend Order 12 (Entry of appearance) by enabling a defendant to require a plaintiff to serve a writ on him where a writ has been issued but not served (rule 4);

(c)

to amend Order 15 (Counterclaims etc) by requiring service of a writ and pleadings on additional parties to an action (rule 5);

(d)

to amend Order 41 (Affidavits) and Order 113 (Summary proceedings for possession of land) to admit hearsay evidence in such proceedings (rules 6 and 17);

(e)

to amend Order 42 (Judgments) by providing that a default judgment may be entered in the Chancery Office as well as the Central Office of the Queen’s Bench Division (rule 7);

(f)

to amend Order 44 (Chancery judgments etc) by requiring notices of judgments to be sealed in the Chancery Office. A person served with such notice must enter an appearance before applying to vary or discharge it (rule 9);

(g)

to provide a new power in Order 59 for the Court of Appeal to revise the amount of damages awarded by a jury where the Court considers them excessive or inadequate, instead of ordering a new trial (rule 10);

(h)

to amend Order 62 (Costs) by increasing the amounts in the scales of fixed costs and by extending the power of the Court to penalise in costs a party who unjustifiably fails to make admissions of facts or documents (rule 11);

(i)

to amend Order 1 (Interpretation etc) and Order 65 (Service of documents) by introducing service by FAX (rules 2 and 12);

(j)

to amend Order 88 (Mortgage actions), the amendment to expedite the procedure in mortgage suits by abolishing certain procedural requirements (rule 13);

(k)

to amend Order 92 (Funds in court, Chancery Division) and Order 93 (Applications to High Court, Chancery Division) by providing for applications under the Financial Services Act (1986) and the Banking Act 1987 (rules 14 and 15);

(l)

to make minor amendments to Order 107 (Commissioners for oaths and notaries public) (rule 16);

(m)

to amend Order 114 (References to European Court) to extend the list of instruments whose interpretation may be referred to the European Court (rule 18).