The Rules of the Supreme Court (Northern Ireland) (Amendment No. 2) 2005

Citation, commencement and interpretation

1.—(1) These Rules may be cited as the Rules of the Supreme Court (Northern Ireland) (Amendment No. 2) 2005 and shall come into operation on 18th April 2005.

(2) In these Rules, “the principal Rules” means the Rules of the Supreme Court (Northern Ireland) 1980(1) and an Order referred to by a number or an Appendix referred to by a letter means the Order so numbered or the Appendix so lettered in the principal Rules.

Amendment to the principal Rules

2.—(1) Order 38, rule 3(2) shall be amended as follows –

(a) in sub-paragraph (d), by replacing the full stop with a comma and adding the word “or”; and

(b) after sub-paragraph (d), by adding the following new sub-paragraph –

“(e) by the examination of witnesses orally by live television link, telephone or any other method of direct communication.”.

(2) Order 88 shall be amended as follows –

(a) for paragraph (a) of rule 3, there shall be substituted the following new paragraph –

“(a) where the mortgaged property is situated including its postal address (if any); and”;

(b) for paragraph (1) of rule 4A, there shall be substituted the following new paragraph –

“(1) Where the plaintiff –

(a) claims in a mortgage action delivery of possession of land which comprises or includes a dwelling house because of failure to pay monies secured by the mortgage; or

(b) applies for the removal or variation of a stay or suspension contained in an order for delivery of possession made as a result of such a claim in a mortgage action relating to such land,

he shall, when serving a copy of the notice of appointment or any summons (not being an originating summons) for such a claim or application also serve on the defendant a notice in Form No. 10A in Appendix A.”;

(c) in paragraph (2) of rule 4A, there shall be deleted the words “or 10B, as the case may be,”;

(d) for paragraph (3) of rule 5A, there shall be substituted the following new paragraph –

“(3) In an action to which this rule applies –

(a) where the amount owing to a prior incumbrancer is unknown the plaintiff shall, not less than 4 clear days before the date fixed for the first hearing of the summons, serve upon that incumbrancer notice bearing the title and record number of the action and stating –

(i) the relief sought by the plaintiff in the action;

(ii) that the plaintiff is unaware of the amount (if any) owing to the prior incumbrancer and secured against the mortgaged property;

(iii) that the prior incumbrancer may apply to intervene in the proceedings if for any reason he thinks fit; and

(iv) the date, time and place fixed for the hearing;

(b) the court may direct an account to be taken of all incumbrances subsequent as well as prior to or contemporaneous with the plaintiff’s demand and an inquiry as to their respective priorities and the court may make an order for delivery of possession conditional on the result of such an account and inquiry.”.

Amendment of Appendix A of the principal Rules

3.  Appendix A shall be amended as follows –

(a) for Form 10A, there shall be substituted the new Form 10A set out in the Schedule to these Rules;

(b) Form 10B is hereby revoked; and

(c) for Form 38, there shall be substituted the new Form 38 set out in the Schedule to these Rules.

Brian Kerr

J. M. Nicholson

Anthony Campbell

Paul Girvan

Patrick Coghlin

Mark Horner

Bernard McCloskey

Tony Caher

Caroline A. McGonagle

Dated 18th March 2005

Signed by the authority of the Lord Chancellor

I concur

Baroness Ashton of Upholland

Parliamentary Under-Secretary of State,

Department for Constitutional Affairs

Dated 22nd March 2005