The Rules of the Supreme Court (Northern Ireland) (Amendment No. 2) 2002

Explanatory Note

(This note is not part of the Rules.)

These Rules amend the Rules of the Supreme Court (Northern Ireland) 1980 (the principal Rules) to—

(a) substitute a new Order 83 which in addition to making provision for existing procedures relating to the re-opening of extortionate agreements:

(i) prevents default judgments being obtained in writ actions without the leave of the Court in circumstances where that would appear to be inconsistent with the scheme of protection for consumers under the Consumer Credit Act 1974 (the Act);

(ii) prescribes procedures to facilitate debtors or sureties in bringing applications for time orders;

(iii) prescribes how an application for an enforcement order granting leave to enforce a regulated agreement or related security should be made;

(iv) prescribes for the joinder of parties; and

(v) prescribes procedures to be followed with respect to a number of other types of applications under the Act.

(b) amend Order 88 of the principal Rules to—

(i) substitute a new rule 4B to simplify the procedure requiring notices of hearing to occupiers of mortgaged property so that a single notice must be addressed to the Occupier(s) and only in dwelling house cases; and

(ii) add a new paragraph at the end of rule 5A to confer power on the court in applications affected by rule 5A to direct an account and inquiry as to all mortgages and to make an order for delivery of possession conditional on the result of such an account and inquiry.

(c) amend Order 112 of the principal Rules to take account of amendments made to Part III of the Family Law Reform (Northern Ireland) Order 1977 by the Family Law Act (Northern Ireland) 2001 (c. 12). The amendments make it possible for samples to be taken of bodily fluid and tissues, rather than simply blood, and for scientific tests to be used to determine whether a person is the mother of the person whose parentage falls to be determined, as well as whether a person is the father.

(d) Rules 2 to 3A, 6(a) and 18(1) of, and Forms 48B and 48D to, the principal Rules are revoked to take account of the fact that the procedure governing applications for declarations of parentage and legitimacy or legitimation is now provided for in the Family Proceedings Rules (Northern Ireland) 1996.