The Rules of the Supreme Court (Northern Ireland) (Revision) 1980

PART I CITATION, APPLICATION, INTERPRETATION AND FORMS

Citation

1.  These Rules may be cited as the Rules of the Supreme Court (Northern Ireland) 1980.

[E.r. 1]

Application

2.—(1) Subject to the following provisions of this rule, these Rules shall have effect in relation to all proceedings in the Supreme Court.

(2) These Rules, other than Part II of this Order and Order 4, Order 59 and Order 62 shall not have effect in relation to—

(a) proceedings under the Bankruptcy Acts (Northern Ireland) 1857 to 1980;

(b) proceedings relating to the winding-up of companies;

(c) matrimonial proceedings.

(3) These Rules shall not have effect in relation to any criminal proceedings other than any criminal proceedings to which Order 53, Order 59, Order 62 or Order 79 applies.

(4) In the case of the proceedings mentioned in paragraphs (2) and (3) nothing in those paragraphs shall be taken as affecting any provision of any rules (whether made under the Act or any other statutory provision) by virtue of which these Rules or any provisions thereof are applied in relation to any of those proceedings.

[E.r. 2].

Definitions

3.—(1) In these Rules, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them namely—

“the Act” means the Judicature (Northern Ireland) Act 1978(1);

“an action for personal injuries” means an action in which there is a claim for damages in respect of personal injuries to the plaintiff or any other person or in respect of a person's death, and “personal injuries” includes any disease and any impairment of a person's physical or mental condition;

“appropriate office” means the office in which the cause or matter is proceeding;

“Central Office” means the Central Office of the Supreme Court;

“master” means a master or registrar of the Supreme Court mentioned in the first column of Schedule 3 to the Act other than the Master (Taxing Office);

“the matrimonial causes rules” means rules made under Article 54 of the Matrimonial Causes (Northern Ireland) Order 1978(2);

“originating summons” means every summons other than a summons in a pending cause or matter;

“pleading” does not include a writ (except a statement of claim indorsed thereon), a petition, summons or preliminary act;

“probate action” has the meaning assigned to it by Order 76;

“receiver” includes a manager or consignee;

“vacation” means the interval between the end of any of the sittings mentioned in Order 64, rule 1, and the beginning of the next sittings;

“writ” means a writ of summons.

(2) In these Rules, unless the context otherwise requires, “the Court” means the High Court or any one or more judges thereof whether sitting in court or in chambers or any master, but the foregoing provision shall not be taken as affecting any provision of these Rules or, in particular, Order 32, by rule 11, virtue of which the jurisdiction of a master is define, and regulated.

[E.r. 4]

Construction of references to Order, Rules, etc.

4.—(1) Unless the context otherwise requires, any reference in these Rules to a specified Order, rule or Appendix is a reference to that Order or rule of or that Appendix to, these Rules and any reference to a specified rule, paragraph or sub-paragraph is a reference to that rule of the Order, that paragraph of the rule or that sub-paragraph of the paragraph in which the reference occurs.

(2) Any reference in these Rules to anything done under a rule of these Rules includes a reference to the same thing done before the commencement of that rule under any corresponding rule of court ceasing to have effect on the commencement of that rule.

(3) Except where the context otherwise requires, any reference in these Rules to any statutory provision shall be construed as a reference to that provision as amended, extended or applied by or under any other statutory provision.

[E.r. 5]

Construction of references to action, etc. for possession of land

5.  Except where the context otherwise requires, references in these rules to an action or claim for the possession of land shall be construed as including references to proceedings against the Crown for an order declaring that the plaintiff is entitled as against the Crown to the land or to the possession thereof.

[E.r. 6]

Construction of references to Lord Chief Justice

6.  For references in these Rules to the Lord Chief Justice there shall be substituted references to the senior Lord Justice of Appeal in relation to any period during which the functions of the Lord Chief Justice are being exercised by the senior Lord Justice of Appeal pursuant to section 11 of the Act.

[E.r. 7]

Construction of certain references to the Treasury

7.  Any reference in these Rules to the Treasury shall, where the reference occurs in a provision relating to the giving of permission by the Treasury under the Exchange Control Act 1947 for the payment of money, be construed as including a reference to any person to whom the power of the Treasury to give such permission has been duly delegated.

[E.r. 8]

Forms

8.  The forms in the Appendices shall be used where applicable with such variations as the circumstances of the particular case require.

[E.r. 9]

Rules not to exclude conduct of business by post

9.  Nothing in these Rules shall prejudice any power to regulate the practice of the Court by giving directions enabling any business or class of business to be conducted by post.

[E.r. 10]

(1)

1978 c. 23

(2)

S.I. 1978 No. 1045 (N.I. 15)