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The Matrimonial and Family Proceedings (Northern Ireland) Order 1989


This is the original version (as it was originally made).

Meaning of “the court” and appeals from county courts

40.—(1) In this Part “the court”—

(a)in Article 31 and in the other provisions of this Part as they apply for the purposes of that Article means the High Court or a divorce county court within the meaning of the principal Order;

(b)in the other provisions of this Part means the High Court or the county court.

(2) Without prejudice to Article 61 of the County Courts (Northern Ireland) Order 1980(1) (cases stated), matrimonial causes rules made under Article 54 of the principal Order shall make provision for an appeal to the Court of Appeal from any declaration made by a divorce county court on an application under Article 31 or from the dismissal of any such application, upon a point of law, a question of fact or the admission or rejection of any evidence.

(3) A person dissatisfied with a declaration made by a county court on an application under Article 32 or 33 or with the dismissal of any such application made by him shall be entitled to appeal from the declaration or dismissal as if the declaration or dismissal had been made in exercise of the jurisdiction conferred by Part III of the County Courts (Northern Ireland) Order 1980 and the appeal brought under Part VI of that Order and Articles 61 and 62 (cases stated by county court judge and High Court judge, respectively) of that Order shall apply accordingly.

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