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Judicature (Northern Ireland) Act 1978


This is the original version (as it was originally enacted).

  1. Introductory Text

  2. PART I Constitution of the Supreme Court of Judicature of Northern Ireland

    1. 1.The Supreme Court

    2. 2.The High Court

    3. 3.The Court of Appeal

    4. 4.The Crown Court

    5. 5.Divisions of the High Court

    6. 6.Judges of one court empowered to assist another

    7. 7.Further assistance for transaction of judicial business

    8. 8.Additional provisions as to persons rendering judicial assistance

    9. 9.Qualifications of judges of High Court and Court of Appeal

    10. 10.Judicial precedence

    11. 11.Exercise of functions of Lord Chief Justice

    12. 12.Appointment of judges

    13. 13.Tenure of office, oath, etc.

    14. 14.Vacation of office

    15. 15.Power of judges to act in cases relating to rates and taxes

  3. PART II The High Court

    1. General jurisdiction

      1. 16.General jurisdiction of the High Court and its judges

      2. 17.Assignment of business to judges

    2. Supervisory and declaratory jurisdiction

      1. 18.Application for judicial review

      2. 19.Stay and interim relief

      3. 20.Damages

      4. 21.Power to remit matter or reverse or vary decision

      5. 22.Extension of supervisory powers of High Court 23. Declaratory judgments

      6. 23.Declaratory judgments.

      7. 24.Injunction concerning public office

      8. 25.Power of High Court to vary sentence on certiorari

    3. Jurisdiction in relation to persons under disability

      1. 26.Wards of court

      2. 27.Maintenance of wards of court

      3. 28.Jurisdiction with respect to property and affairs of patients

      4. 29.Co-ordination of exercise of jurisdiction in relation to persons under disability

    4. Admiralty jurisdiction

      1. 30.High Court to have exclusive original jurisdiction in admiralty

    5. Miscellaneous powers of High Court

      1. 31.Remittal and removal of proceedings

      2. 32.Restriction on institution of vexatious actions

      3. 33.Execution of instruments by order of court

  4. PART III The Court of Appeal and the House of Lords

    1. 34.General jurisdiction of Court of Appeal

    2. 35.Appeals to Court of Appeal from High Court

    3. 36.Composition of Court of Appeal

    4. 37.Powers of a single judge in Court of Appeal

    5. 38.Powers of court for purposes of appeals

    6. 39.Appeals to Court of Appeal under Criminal Appeal Act

    7. 40.Appeals to House of Lords under Criminal Appeal Act

    8. 41.Appeals to House of Lords in other criminal matters

    9. 42.Appeals to House of Lords in civil cases

    10. 43.Appeals to House of Lords from High Court

    11. 44.Appeal in cases of contempt of court

    12. 45.Appeal in habeas corpus proceedings

  5. PART IV The Crown Court

    1. 46.Exclusive jurisdiction in trial on indictment

    2. 47.Exercise of jurisdiction by Crown Court

    3. 48.Committal for trial on indictment

    4. 49.Sentences imposed and other decisions made by Crown Court

    5. 50.Right of audience

    6. 51.Process to compel appearance before Crown Court

    7. 52.Crown Court rules

    8. 53.Crown Court Rules Committee

  6. PART V Practice, Procedure and Trials

    1. 54.The Supreme Court Rules Committee

    2. 55.Rules of court

    3. 56.Control and publication of rules

    4. 57.High Court and Court of Appeal to be continuing courts

    5. 58.Sittings of High Court and Court of Appeal

    6. 59.Award of costs

    7. 60.Taxation of costs.

    8. 61.Trial with assessors.

    9. 62.Trial with and without jury

    10. 63.Trial of challenge for cause in civil actions

    11. 64.Jury in civil actions

    12. 65.Rules of court in relation to juries in civil actions

    13. 66.Certain affidavits taken abroad admissible without proof of seal etc.

    14. 67.Subpoenas in other parts of the United Kingdom

  7. PART VI Departments and Officers

    1. 68.Departments

    2. 69.Northern Ireland Court Service

    3. 70.Appointment and qualification of statutory officers

    4. 71.Tenure of office of statutory officers

    5. 72.Superannuation of statutory officers

    6. 73.Restrictions on practice

    7. 74.Deputies and temporary appointments

    8. 75.Official Solicitor

    9. 76.Property held by officers

  8. PART VII Funds in Court

    1. 77.Accountant General

    2. 78.Accounts of funds in court

    3. 79.Accountant General to keep bank account

    4. 80.Payments and transfers

    5. 81.Investment of funds in court

    6. 82.Rules as to funds in court

    7. 83.Application of investment provisions

    8. 84.Statutory deposits

    9. 85.Provision for default to be made good

  9. PART VIII Rules of Law in Judicial Matters Generally

    1. 86.Concurrent administration of law and equity to continue

    2. 87.Assignment of debts and choses in action

    3. 88.Certain stipulations not to be of the essence of contracts

    4. 89.Merger

    5. 90.Equitable waste

    6. 91.Orders for sale, mandatory or other injunctions and receivers

    7. 92.Damages in lieu of or in addition to injunction or specific performance

    8. 93.Suits for possession of land by mortgagors

    9. 94.Relief from ejectment

  10. PART IX Inferior Courts

    1. County courts

      1. 95.County courts and county court divisions

      2. 96.Times of sitting of county courts

      3. 97.Civil jurisdiction exercisable by circuit registrars

      4. 98.Appointment and assignment of county court judges

      5. 99.Qualifications of county court judges and deputy judges

    2. Magistrate's Courts

      1. 100.Appointment and assignment of resident magistrates

      2. 101.Petty sessions and petty sessions districts

    3. Supplementary

      1. 102.Supplementary

  11. PART X Miscellaneous Matters

    1. 103.Appointment of justices of the peace

    2. 104.Under-sheriffs

    3. 105.Solicitors to be officers of court

    4. 106.Rights of audience in the High Court and Court of Appeal

    5. 107.Qualification for holding office of solicitors who have been barristers and vice versa

    6. 108.Election courts

    7. 109.Enrolment etc. of instruments

    8. 110.Court bonds

    9. 111.Lost negotiable instruments

    10. 112.Oaths and affidavits

    11. 113.Appointment of conveyancing counsel

    12. 114.Other law in Northern Ireland courts

    13. 115.Official seals

    14. 116.Fees

    15. 117.Transfer of certain functions relating to courts to Lord Chancellor

  12. PART XI Interpretation and General

    1. 118.Application to the Crown

    2. 119.Making and control of subordinate legislation

    3. 120.Interpretation

    4. 121.Financial provisions

    5. 122.Minor and consequential amendments, transitional provisions and repeals

    6. 123.Short title and commencement


    1. SCHEDULE 1

      Appeals to House of Lords in Certain Criminal Matters

      1. 1.(1) Subject to sub-paragraph (2) an application to the court...

      2. 2.Any application for leave to appeal in a case involving...

      3. 3.(1) Without prejudice to any other power to grant bail,...

      4. 4.(1) Where the defendant in any proceedings from which an...

      5. 5.(1) Where a person subject to a sentence is admitted...

      6. 6.(1) Rules of court may be made—

    2. SCHEDULE 2

      Departments of the Supreme Court

    3. SCHEDULE 3

      Statutory Offices

    4. SCHEDULE 4

      Superannuation of Statutory Officers

      1. 1.In its application to a statutory officer in respect of...

      2. 2.For the purpose of calculating reckonable service (but not qualifying...

      3. 3.Notwithstanding paragraph 2, any lump sum payable in addition to...

      4. 4.Expressions used in this Schedule and in the principal civil...

    5. SCHEDULE 5

      Minor and Consequential Amendments

      1. PART I General Amendments

        1. 1.(1) Except where the contrary is expressly provided by or...

        2. 2.(1) In any statutory provision whether passed or made before,...

        3. 3.References in any statutory provision to rules made under section...

        4. 4.Paragraphs 1 to 3 apply subject to the provisions of...

      2. PART II Specific Amendments

        1. (1) Acts of the Parliament of the United Kingdom

          1. The Crown Debts Act 1801

          2. The Writ of Subpoena Act 1805

          3. The Tumultuous Risings (Ireland) Act 1831

          4. The Constabulary (Ireland) Act 1836

          5. The Parliamentary Documents Deposit Act 1837

          6. The Slave Trade Act 1843

          7. The Lands Clauses Consolidation Act 1845

          8. The Indictable Offences Act 1848

          9. The Trustee Act 1850

          10. The Railways Act (Ireland) 1851

          11. The Fines Act (Ireland) 1851

          12. The Petty Sessions (Ireland) Act 1851

          13. The Trustee Act 1852

          14. The Irish Bankrupt and Insolvent Act 1857

          15. The Probates and Letters of Administration Act (Ireland) 1857

          16. The Landed Estates Court (Ireland) Act 1858

          17. The Railways Act (Ireland) 1860

          18. The Defence Act 1860

          19. The Tramways (Ireland) Act 1860

          20. The Matrimonial Causes and Marriage Law (Ireland) Amendment Act 1870

          21. The Lunacy Regulation (Ireland) Act 1871

          22. The Juries Act (Ireland) 1871

          23. The Bankruptcy (Ireland) Amendment Act 1872

          24. The Consolidated Fund (Permanent Charges Redemption) Act 1873

          25. The Fines Act (Ireland) 1851, Amendment Act 1874

          26. The Explosives Act 1875

          27. The Appellate Jurisdiction Act 1876

          28. The Settled Estates Act 1877

          29. The Bills of Sale (Ireland) Act 1879

          30. The Settled Land Act 1882

          31. The Land Law (Ireland) Act 1887

          32. The Deeds of Arrangement Act 1887

          33. The Deeds of Arrangement Amendment Act 1890

          34. The Witnesses (Public Inquiries) Protection Act 1892

          35. The Life Insurance Companies (Payment into Court) Act 1896

          36. The Town Tenants (Ireland) Act 1906

          37. The Northern Ireland (Miscellaneous Provisions) Act 1932

          38. The Foreign Judgments (Reciprocal Enforcement) Act 1933

          39. The Trade Marks Act 1938

          40. The War Damage Act 1943

          41. The Pensions Appeal Tribunals Act 1943

          42. The Exchange Control Act 1947

          43. The Crown Proceedings Act 1947

          44. The Representation of the People Act 1949

          45. The Arbitration Act 1950

          46. The Maintenance Orders Act 1950

          47. The Administration of Justice Act 1956

          48. The Geneva Conventions Act 1957

          49. The Administration of Justice Act 1960

          50. The Professions Supplementary to Medicine Act 1960

          51. The Veterinary Surgeons Act 1966

          52. The Arbitration (International Investment Disputes) Act 1966

          53. The Criminal Appeal Act 1968

          54. The Criminal Appeal (Northern Ireland) Act 1968

          55. The Family Law Reform Act 1969

          56. The Administration of Justice Act 1969

          57. The Taxes Management Act 1970

          58. The Income and Corporation Taxes Act 1970

          59. The Administration of Justice Act 1970

          60. The Misuse of Drugs Act 1971

          61. The Tribunals and Inquiries Act 1971

          62. The Administration of Justice Act 1973

          63. The Social Security (Northern Ireland) Act 1975

          64. The House of Commons Disqualification Act 1975

          65. The Northern Ireland Assembly Disqualification Act 1975

          66. The Northern Ireland (Emergency Provisions) Act 1978

        2. (2) Acts of the Irish Parliament and Parliament of Northern Ireland

          1. The Habeas Corpus Act (Ireland) 1781

          2. The Bankruptcy Amendment Act (Northern Ireland) 1929

          3. The Motor Vehicles and Road Traffic Act (Northern Ireland) 1929

          4. The Planning and Housing Act (Northern Ireland) 1931

          5. The Evidence Act (Northern Ireland) 1939

          6. The Matrimonial Causes Act (Northern Ireland) 1939

          7. The Landlord and Tenant (war Damage) Act (Northern Ireland) 1941

          8. The Criminal Justice Act (Northern Ireland) 1945

          9. The Indictments Act (Northern Ireland) 1945

          10. The Probation Act (Northern Ireland) 1950

          11. The Prison Act (Northern Ireland) 1953

          12. The Juries Act (Northern Ireland) 1953

          13. The Administration of Justice Act (Northern Ireland) 1954

          14. The Interpretation Act (Northern Ireland) 1954

          15. The Trustee Act (Northern Ireland) 1958

          16. The Coroners Act (Northern Ireland) 1959

          17. The County Courts Act (Northern Ireland) 1959

          18. The Resident Magistrates' Pensions Act (Northern Ireland) 1960

          19. The Companies Act (Northern Ireland) 1960

          20. The Mental Health Act (Northern Ireland) 1961

          21. The Electoral Law Act (Northern Ireland) 1962

          22. The County Court Appeals Act (Northern Ireland) 1964

          23. The Magistrates' Courts Act (Northern Ireland) 1964

          24. The Lands Tribunal and Compensation Act (Northern Ireland) 1964

          25. The Charities Act (Northern Ireland) 1964

          26. The Legal Aid and Advice Act (Northern Ireland) 1965

          27. The Maintenance and Affiliation Orders Act (Northern Ireland) 1966

          28. The Building Societies Act (Northern Ireland) 1967

          29. The Costs in Criminal Cases Act (Northern Ireland) 1968

          30. The Treatment of Offenders Act (Northern Ireland) 1968

          31. The Children and Young Persons Act (Northern Ireland) 1968

          32. The Grand Jury (Abolition) Act (Northern Ireland) 1969

          33. The Judgments (Enforcement) Act (Northern Ireland) 1969

          34. The Nurses and Midwives Act (Northern Ireland) 1970

          35. The Registration of Deeds Act (Northern Ireland) 1970

          36. The Leasehold (Enlargement and Extension) Act (Northern Ireland) 1971

          37. The Licensing Act (Northern Ireland) 1971

          38. The Payments for Debt (Emergency Provisions) Act (Northern Ireland) 1971

        3. (3) Orders in Council

          1. The Northern Ireland (Crown Proceedings) Order 1949

          2. The Prosecution of Offences (Northern Ireland) Order 1972

          3. The Health and Personal Social Services (Northern Ireland) Order 1972

          4. The Juries (Northern Ireland) Order 1974

          5. The Administration of Justice (Northern Ireland) Order 1975

          6. The Treatment of Offenders (Northern Ireland) Order 1976

          7. The Solicitors (Northern Ireland) Order 1976

          8. The Sexual Offences (Northern Ireland) Order 1978

    6. SCHEDULE 6

      Transitional Provisions

      1. PART I General

        1. 1.(1) Proceedings instituted or being carried on heretofore in a...

        2. 2.Any order or appointment made, direction or authority given or...

        3. 3.Every rule of court made or deemed to have been...

        4. 4.General orders made by the Lord Chief Justice under section...

        5. 5.All forms and methods of civil and criminal procedure and...

        6. 6.Until the coming into force of section 69(1)—

        7. 7.In so far as any instrument made or other thing...

        8. 8.Until the issue of commissions of the peace by virtue...

        9. 9.Until an order under section 68(3) comes into force in...

        10. 10.This Part and Parts II and III of this Schedule...

      2. PART II The Crown Court

        1. 11.(1) For the purpose of enabling indictable proceedings instituted before...

        2. 12.Any indictable proceeding the hearing of which has begun but...

        3. 13.Nothing in this Act shall affect any order made before...

        4. 14.The clerk of the Crown and peace of each county...

        5. 15.(1) Subject to any provision made by rules of court,...

        6. 16.(1) The Lord Chief Justice may, if it appears to...

      3. PART III Statutory Officers

        1. 17.On the coming into operation of section 70(1) the Lord...

        2. 18.Notwithstanding the provisions of section 70(2), a person who heretofore...

    7. SCHEDULE 7


      1. PART I Acts of the Parliaments of England, Great Britain and the United Kingdom

      2. PART II Acts of the Irish Parliament and Parliament of Northern Ireland

      3. PART III Orders in Council

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