The County Court (Amendment) Rules (Northern Ireland) 2017

Citation, commencement and interpretation

1.  These Rules may be cited as the County Court (Amendment) Rules (Northern Ireland) 2017 and shall come into operation on 13th February 2017.

2.  In these Rules—

(a) “the principal Rules” means the County Court Rules (Northern Ireland) 1981(1); and

(b) a reference to an Order, Rule, paragraph, Appendix or Form is a reference to that Order, Rule, paragraph, Appendix or Form so numbered in the principal Rules.

Amendments to the principal Rules

3.  The principal Rules are amended as follows—

(1) In Order 15, for Rule 17 substitute—

“17.    Where a party—

(a) against whom an order is made under Rule 12 or Rule 16; or

(b) on whom interrogatories without order have been served,

fails to comply with Rule 12(4), the judge or district judge, as the case may be, may make such order as he thinks just including, in particular, an order that the action be dismissed or, as the case may be, an order that the notice of intention to defend be struck out and judgment entered accordingly.”

(2) In Order 19, Rule 5 from “(a)” to “2014” substitute—

“(a) £34.10 as from 13 February 2017; or

(b) £34.61 as from 13 February 2018.”

(3) In Order 21, Rule 2(2), for sub-paragraph (b) substitute—

“(b) in any other action—

(i) within twenty-eight days of service of the plaintiff’s medical evidence served in accordance with Rule 39 of Order 24;

(ii) where medical evidence is served in accordance with Rules 40, 41, 47 or 48 of Order 24, within fourteen days of service of such evidence and in any case before the first day of hearing; or

(iii) in any other case, within twenty-eight days of service of the notice of intention to defend.”

(4) In Order 24, Rule 9, for paragraph (7A) substitute—

“(7A) The sum to be paid or tendered under paragraph (7)(a) to—

(a) a police officer is—

(i) £13.36 as from 13 February 2017; or

(ii) £13.55 as from 13 February 2018; and

(b) any other person is—

(i) £18.81 as from 13 February 2017; or

(ii) £19.09 as from 13 February 2018.”

(5) In Order 33, Rule 10, paragraph (6) from “(a)” to “2014” substitute—

“(a) £7.74 as from 13 February 2017; or

(b) £7.86 as from 13 February 2018.”

(6) In Order 55, Rule 17 from “(a)” to “2014” substitute—

“(a) £2.88 as from 13 February 2017; or

(b) £2.93 as from 13 February 2018.”.

(7) For Appendix 2 substitute the new Appendix 2 set out in the Schedule to these Rules.

David K McFarland

Ruth Collins

Alistair F Devlin

Patrick Mullarkey

Dated 16th January 2017

In exercise of the powers conferred by Article 47(4) of the County Courts (Northern Ireland) Order 1980, I allow these Rules.

Sealed with the Official Seal of the Department of Justice on 17th January 2017

Claire Sugden

Minister of Justice