- Latest available (Revised)
- Original (As made)
The Rules of the Supreme Court (Northern Ireland) (Amendment) 1999
You are here:
What Version
More Resources
Status:
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Notice of action to non-parties bound by judgment under Article 32 of the Wills and Administration Proceedings (Northern Ireland) Order 1994(1)
3.—(1) Order 15 shall be amended by inserting after rule 13 the following rule—
“Notice of action to non-parties bound by judgment
13A.—(1) At any stage in an action to which this rule applies, the Court may, on the application of any party or of its own motion, direct that notice of the action be served on any person who is not a party but who will or may be affected by any judgement given therein.
(2) An application under this rule may be made ex parte and shall be supported by an affidavit stating the grounds of the application.
(3) Every notice of an action under this rule shall be in Form No. 35A in Appendix A and the copy to be served shall be a sealed copy accompanied by a copy of the writ or originating summons of all other pleadings served in the action and of the affidavit mentioned in paragraph (2).
(4) A person may, within 14 days of service on him of a notice under this rule, enter an appearance to the writ or originating summons and shall thereupon become a party to the action, but in default of such appearance and subject to paragraph (5) he shall be bound by any judgment given in the action as if he were a party thereto.
(5) If at any time after service of such notice on any person the writ or originating summons is amended so as substantially to alter the relief claimed, the Court may direct that the judgment shall not bind such person unless a further notice together with a copy of the amended writ or originating summons is served upon him under this rule.
(6) This rule applies to any action relating to—
(a)the estate of a deceased person, or
(b)property subject to a trust.
(7) Order 6, rule 6(4) and (6) shall apply in relation to a notice of an action under this rule as if the notice were a writ and the person by whom the notice is issued the plaintiff.”.
(2) Appendix A shall be amended by inserting after Form 35 the Form 35A set out in Schedule 1 to these Rules.
(1)
S.I. 1994/1899 (N.I. 13)
Options/Help
Print Options
PrintThe Whole Rule
PrintThis Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.