The Rules of the Supreme Court (Northern Ireland) (Revision) 1980

ORDER 42 JUDGMENTS

Interpretation

1.  In this Order “ judgment” includes order, decision or direction.

Drawing up judgments

2.—(1) Every judgment shall—

(a) subject to rules 3 and 7(1), be drawn up and signed by an officer of the appropriate office; and

(b) be sealed and filed by an officer of that office and such officer shall at the time of filing enter such judgment in the book kept for the purpose and the date of filing shall be deemed to be the date of such entry.

(2) Where a judgment is filed in the Central Office, the Chancery Office, the Probate and Matrimonial Office or the Office of Care and Protection (other than a judgment in proceedings under the Lunacy Regulation (Ireland) Act 1871(1)) the proper officer shall at the time of filing make a note in the cause book that a judgment has been filed in the cause or matter.

(3) Where a judgment is given by a judge a note of the judgment shall be made by the officer present at the time it was given.

(4) Where a form of judgment is prescribed and set out in Appendix A the judgment must be as nearly as possible in that form.

Judgments required to be drawn up

3.—(1) Subject to paragraph (2), every judgment of the Court shall be drawn up unless the Court otherwise directs.

(2) An order—

(a) which—

(i) extends the period within which a person is required or authorised by these Rules, or by any judgment, to do any act, or

(ii) grants leave for the doing of any of the acts mentioned in paragraph (3), and

(b) which neither imposes any special terms nor includes any special directions other than a direction as to costs,

need not be drawn up unless the Court otherwise directs.

(3) The acts referred to in paragraph (2)(a)(ii) are—

(a) the issue of any writ, other than a writ for service out of the jurisdiction;

(b) the amendment of a writ of summons or other originating process or a pleading;

(c) the filing of any document;

(d) any act to be done by an officer of the Court other than a solicitor.

[E.r. 4]

Judgment requiring act to be done: time for doing it

4.—(1) Subject to paragraph (2), a judgment which requires a person to do an act must specify the time after service of the judgment, or some other time, within which the act is to be done.

(2) Where the act which any person is required by any judgment to do is to pay money to some other person, give possession of any land or deliver any goods, a time within which the act is to be done need not be specified in the judgment by virtue of paragraph (1), but the foregoing provision shall not affect the power of the Court to specify such a time and to adjudge or order accordingly.

[E.r. 2]

Judgment requiring act to be done: order fixing time for doing it

5.—(1) Notwithstanding that a judgment which requires a person to do an act specifies a time within which the act is to be done, the Court shall, without prejudice to Order 3, rule 5, have power to make an order requiring the act to be done within another time, being such time after service of that order, or such other time, as may be specified therein.

(2) Where, notwithstanding rule 4(1), or by reason of rule 4(2), a judgment requiring a person to do an act does not specify a time within which the act is to be done, the Court shall have power subsequently to make an order requiring the act to be done within such time after service of that order, or such other time as may be specified therein.

(3) An application for an order under this rule must be made by summons and the summons must be served on the person required to do the act in question.

Judgment in favour of reversioner for detention of goods

6.—(1) Where a claim relating to the detention of goods is made by a partial owner whose right of action is not founded on a possessory title, any judgment given in respect of the claim shall, notwithstanding anything in section 3(3) of the Torts (Interference with Goods) Act 1977(2), be for the payment of damages only.

In this paragraph “partial owner” means one or two or more persons having interest in the goods, unless he has the written authority of every other such person to sue on the latter's behalf.

(2) This rule is without prejudice to the remedies and jurisdiction mentioned in section 3(8) of the said Act of 1977.

[E.r. 1A]

Judgment in default of appearance or defence

7.—(1) A party entitled to judgment in default of appearance or defence may obtain judgment by producing the following documents to an officer of the Central Office—

(a) the original writ by which the proceedings were begun;

(b) the affidavit of service, or certificate of no defence delivered, as the case may be;

(c) any affidavit or certificate filed under Order 13, rule 1(3) or 4(1) to (4) or Order 19 rule 2(2) or 5(1)to (4); and

(d) a judgment drawn up by the party.

(2) Where the provisions of any statutory provision or these Rules enable a party to any proceedings to obtain judgment on the production of any documents, the officer of the Central Office shall not sign any such judgment until the documents which the party is required to produce are produced and the officer is satisfied that they are in order.

Date from which judgment takes effect

8.—(1) A judgment of the Court takes effect from the day of its date.

(2) Such a judgment shall be dated as of the day on which it is given, unless the Court orders it to be dated as of some other earlier or later day, in which case it shall be dated as of that other day;

[E.r. 3]

Interest on judgment debts

9.—(1) Every judgment for the payment of money shall carry interest at the rate specified in the judgment from the time the judgment was given or from such other time as the Court may direct.

(2) Subject to any statutory provision, where the rate of interest to be paid is not specified in the judgment, interest shall be payable at the rate of 15 per cent per annum.

(3) Where an order charging land under section 46 of the Judgments Enforcement (Northern Ireland) Act 1969(3) or a charging order on funds, stock or shares under section 58 of the said Act provides for the payment of interest, such interest shall be payable at the rate of 15 per cent per annum and shall be payable for the period during which the charge is subsisting.

Copies of judgments

10.  Before a copy of a judgment is issued it must be sealed and stamped “copy” and there must be noted thereon the number of the judgment and the date of filing.

(1)

1871 c. 22

(2)

1977 c. 32

(3)

1969 c. 30 (N.I.)