The Rules of the Supreme Court (Northern Ireland) (Amendment No. 2) 1999

Explanatory Note

(This note is not part of the Rules.)

These Rules amend the Rules of the Supreme Court (Northern Ireland) 1980. The amendments are as follows—

(a) Order 6 is amended to prescribe the particulars to be endorsed on a writ where statutory interest is claimed under the Late Payment of Commercial Debts (Interest) Act 1998;

(b) Order 14, rule 1(2)(b) is revoked so as to allow the summary judgment procedure to be applied to claims involving allegations of fraud;

(c) Order 16, rule 4 is amended to provide automatic directions for the conduct of third party proceedings on the entering of an appearance by the third party;

(d) Order 22 is amended in consequence of the new arrangements in relation to payments into court where the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 applies;

(e) Order 38 is amended in consequence of the Civil Evidence (Northern Ireland) Order 1997 principally to provide that where a hearsay statement is adduced in civil proceedings that the maker of the statement may be called and cross-examined;

(f) Orders 61 and 94 are amended to make provision for appeals by way of case stated to the Court of Appeal (with leave) from the Special Immigration Appeals Commission;

(g) Order 88 is amended—

(i) to insert a new rule 4A requiring a plaintiff in a mortgage action for possession of a dwelling to serve a notice on the defendant setting out particulars in relation to the Court’s powers to adjourn proceedings or stay or suspend the execution of a judgment under section 36 of the Administration of Justice Act 1970 (as amended by section 8 of the Administration of Justice Act 1973); and

(ii) to substitute for the present rule 5(6) a new provision requiring a plaintiff claiming payment of money in a mortgage action to set out in greater detail how his claim is calculated.