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The Rules of the Supreme Court (Northern Ireland) (Amendment) 1999

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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.

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