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The County Court (Amendment) Rules (Northern Ireland) 2008

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Amendments

2.  In Order 30 of the County Court Rules (Northern Ireland) 1981(1) (‘the principal Rules’)—

(a)in rule 3(3), for “139(1)(a) (reopening of extortionate agreements)”, substitute “140B(2)(a) (unfair relationships)”; and

(b)for rule 11 substitute—

Unfair relationships

11.(1) An application under section 140B(2)(a) for an order under section 140B in connection with a credit agreement shall be made by notice in Form 283.

(2) Paragraph 5 of rule 9 shall apply to a notice of application under paragraph (1) of this rule.

(3) Where in county court proceedings of a type specified in section 140B(2)(b) or (c) a debtor or surety desires an order under section 140B in connection with a credit agreement he shall, not less than 28 days before the date fixed for the hearing, serve notice of motion in Form 281 that he so desires on the chief clerk and on the other party or parties to the proceedings or their solicitors.

(4) Paragraph (3) shall not apply where notice has been served under paragraph (5).

(5) Where a defendant in accordance with section 140B(2)(b) or (c) desires an order under section 140B in connection with a credit agreement he shall serve notice that he so desires on the chief clerk and on the plaintiff’s solicitor or, where the plaintiff is suing in person, on the plaintiff within 21 days from the date of service upon him of the civil bill..

(1)

S.R. 1981 No. 225 to which the most relevant amendments were made by S.R. 2007 No. 192 and S.R. 2007 No. 500.

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