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County Court (Amendment) Rules (Northern Ireland) 2000

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24.—(1) A party who intends to rely on a Convention right or rights in proceedings before a county court shall state that fact and shall specify such details as are referred to in paragraph (3)—

(a)if he is a plaintiff, petitioner or applicant, in the originating process;

(b)if he is an appellant, in the notice of appeal;

(c)if he is a defendant or a respondent to a petition, application or appeal, or in any other case, on a notice in Form 397.

(2) A notice in Form 397 shall be delivered to the Chief Clerk and served on each of the other parties to the proceedings—

(a)at the same time as any notice of intention to defend is so delivered and served; or

(b)in a case where there is no notice of intention to defend, as soon as practicable after notice of the proceedings has been received.

(3) The following shall be specified in accordance with paragraph (1)—

(a)details of the Convention right or rights which it is alleged have been (or would be) infringed and details of the alleged infringement;

(b)the relief sought;

(c)whether the relief sought includes a claim for damages in respect of a judicial act to which section 9(3) of the Act applies;

(d)where the proceedings are brought following a finding by another court or tribunal that a public authority has acted in a way which is made unlawful by section 6(1) of the Act, details of that finding;

(e)where the proceedings relate to a judicial act which is alleged to have infringed a Convention right or rights of a party as provided by section 9 of the Act, details of the judicial act complained of and of the court or tribunal which is alleged to have performed that act.

(4) Paragraph (1) shall not apply to an appellant in any appeal brought to a county court except where such an appellant intends to rely on a Convention right or rights not relied upon by him before the court or tribunal from whose decision the appeal is brought.

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