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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This is the original version (as it was originally enacted).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. 24.Injunction concerning public office

      7. 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. 6L Trial with assessors

    8. 62.Trial with and without jury

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

    10. 64.Jury in civil actions

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

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

    13. 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. Magistrates' 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

    2. Schedule 2

      Departments of the Supreme Court

    3. Schedule 3

      Statutory Offices

    4. Schedule 4

      Superannuation of statutory officers

    5. Schedule 5

      Minor and consequential amendments

    6. Schedule 6

      Transitional provisions

    7. Schedule 7


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