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County Court (Amendment) Rules (Northern Ireland) 2002

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  1. Introductory Text

  2. 1.Citation and interpretation

  3. 2.In these Rules – (a) “the principal Rules” means the...

  4. 3.Arrangement of Rules

  5. 4.Where proceedings may be commenced

  6. 5.Service outside the jurisdiction

  7. 6.Proceedings to be heard by the district judge

  8. 7.Small Claims

  9. 8.Stay of execution and removal thereof

  10. 9.Declarations as to Legitimacy or Legitimation

  11. 10.Costs

  12. 11.The overriding objective

  13. 12.Forms

  14. 13.After Form 126B there shall be inserted the new Forms...

  15. 14.Forms 308 and 312 are hereby revoked.

  16. 15.Saving

  17. Signature

    1. SCHEDULE 1

      1. “ORDER 26 SMALL CLAIMS

        1. 1.Definitions

        2. 2.Excluded claims

        3. 3.(1) Subject to paragraph (2), where the claim is for...

        4. 4.Starting Proceedings

        5. 5.The applicant must complete Part A of Form 125, setting...

        6. 6.After completing Part A of Form 125, the applicant must...

        7. 7.If there is more than one respondent, the applicant must...

        8. 8.When the relevant forms and the appropriate fee are received...

        9. 9.Each court office shall keep a record of –

        10. 10.Defending the application

        11. 11.On receiving a notice of dispute, the officer must send...

        12. 12.Accepting Liability

        13. 13.On receiving a notice of acceptance of liability, the chief...

        14. 14.Default decrees

        15. 15.An application under Rule 14 shall –

        16. 16.On receiving an application under rule 14, the chief clerk...

        17. 17.The chief clerk may refer any application in Form 127...

        18. 18.The chief clerk may only issue a decree under rule...

        19. 19.Where a decree has been issued under rule 16, the...

        20. 20.If an application under rule 19 is made by one...

        21. 21.On receiving the application, the officer shall send a copy...

        22. 22.If a decree is set aside the officer must inform...

        23. 23.An application in Form 127 or 128 may not be...

        24. 24.An application in Form 127 or 128 may only be...

        25. 25.A request for permission under rule 24 shall be made...

        26. 26.Assessment hearing

        27. 27.Where a decree has been issued under Rule 16(b) and...

        28. 28.The judge shall issue a decree for the amount of...

        29. 29.Venue for a small claims hearing

        30. 30.Procedure on a small claims hearing

        31. 31.The judge may adopt any procedure which he considers to...

        32. 32.Powers of the Judge

        33. 33.If an application is transferred to the judge’s civil bill...

        34. 34.An application under Rule 32(e) shall be made in writing...

        35. 35.All parties shall, subject to any legal objection, agree to...

        36. 36.Witnesses

        37. 37.Expert Evidence

        38. 38.Unless the judge orders otherwise the evidence of any expert...

        39. 39.On receiving the report, the officer shall send a copy...

        40. 40.Transfer of proceedings

        41. 41.On receiving the relevant records and documents, the chief clerk...

        42. 42.Documents

        43. 43.Costs

        44. 44.No witness expenses may be awarded, except in respect of...

        45. 45.If the judge is satisfied that –

        46. 46.When the judge is awarding costs under Rule 45 the...

    2. SCHEDULE 2

  18. Explanatory Note

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