The Rules of the Court of Judicature (Northern Ireland) (Amendment No. 4) 2009

Citation, commencement and interpretation

1.—(1) These Rules may be cited as the Rules of the Court of Judicature (Northern Ireland) (Amendment No. 4) 2009 and subject to paragraph (2), shall come into operation on the 9th November 2009.

(2) Rules 3(4) and 3(7)(a) shall come into operation on the 6th January 2010.

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

Transitional provision

2.  Order 18 of the principal Rules as it applied immediately before rule 3(4) and rule 3(7)(a) came into operation shall continue to apply where a statement of claim is served on the defendant before 6th January 2010.

Amendments to the principal Rules

3.  The principal Rules shall be amended as follows—

(1) in the Arrangement of Orders, after the entry relating to Order 93, insert the following new entry—

“93A.   Presumption of Death Act (Northern Ireland) 2009”;

(2) in Order 1—

(a) after rule 10(i), insert—

“(j) proceedings under the Presumption of Death Act (Northern Ireland) 2009.”;

(b) after rule 11(l), insert—

“(m) appeals under rule 15 or 17B of the Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005(2).”;

(3) in Order 7—

(a) in rule 2(1), for “or 9”, substitute “, 9 or 9A”;

(b) in rule 2(2), after “Order 90”, insert “, Order 93A”;

(4) in Order 18—

(a) in rule 2, in paragraphs (1) and (2) for “21 days” substitute “6 weeks”;

(b) after rule 15 insert—

“Defence

15A.— (1) In his defence the defendant must state—

(a) which of the allegations in the particulars of the statement of claim he denies;

(b) which of the allegations he is unable to admit or deny but which he requires the plaintiff to prove;

(c) which of the allegations he admits.

(2) Where the defendant denies liability the defence shall be so pleaded that it raises the defendant’s case with sufficient clarity that the opposite party is made aware of the true nature of the defendant’s case and, where appropriate, the defence shall put forward the defendant’s version of relevant facts or events if that version is materially different from the plaintiff’s version as pleaded in the statement of claim.

(3) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money clamed be proved unless he expressly admits the allegation.”;

(5) in Order 23, rule 1—

(a) at the end of paragraph (d), insert “or”; and

(b) after paragraph (d), insert—

“(e) that the plaintiff is a company or other body (whether incorporated inside or outside Northern Ireland) and there is reason to believe that it will be unable to pay the defendant’s costs if ordered to do so,”;

(6) after Order 93, insert new Order 93A as set out in Schedule 1 to these Rules;

(7) in Appendix A—

(a) in Forms Nos. 2 and 5, for “21 days” substitute “6 weeks”;

(b) after Form No. 9, insert new Form No. 9A as set out in Schedule 2 to these Rules;

(c) after Form No. 75, insert new Forms Nos. 76, 77, 78, 79, 80, 81 and 82 as set out in Schedule 2 to these Rules.

Declan Morgan

John Gillen

Paul Girvan

Bernard McCloskey

Patrick Coghlin

Paul Maguire

Tony Caher

Dated 8th October 2009

Signed by the authority of the Lord Chancellor.

In exercise of the powers conferred by section 55A (3) of the Judicature (Northern Ireland) Act 1978, I allow these Rules.

Bridget Prentice

Parliamentary Under-Secretary of State

Ministry of Justice

Dated 12th October 2009