2005 No. 163
SUPREME COURT, NORTHERN IRELAND
PROCEDURE
The Rules of the Supreme Court (Northern Ireland) (Amendment No. 2) 2005
Made 22nd March 2005
To be laid before Parliament
Coming into operation 18th April 2005

We, the Northern Ireland Supreme Court Rules Committee, being the authority having for the time being power under section 55 of the Judicature (Northern Ireland) Act 1978 to make, amend or revoke rules regulating the practice and procedure of the Supreme Court of Judicature of Northern Ireland, hereby, with the concurrence of the Lord Chancellor, exercise those powers as follows:
1978 c. 23

1 Citation, commencement and interpretation
1 These Rules may be cited as the Rules of the Supreme Court (Northern Ireland) (Amendment No. 2) 2005 and shall come into operation on 18th April 2005.
2 In these Rules, “the principal Rules” means the Rules of the Supreme Court (Northern Ireland) 1980 and an Order referred to by a number or an Appendix referred to by a letter means the Order so numbered or the Appendix so lettered in the principal Rules.
S.R. 1980 No. 346 to which the most recent relevant amendments were made by S.R. 1997 No. 265; S.R. 1999 No. 333; S.R. 2001 No. 254 and S.R. 2002 No. 202

2 Amendment to the principal Rules
1 Order 38, rule 3(2) shall be amended as follows –
(a) in sub-paragraph (d), by replacing the full stop with a comma and adding the word “or”; and
(b) after sub-paragraph (d), by adding the following new sub-paragraph –

“(e) by the examination of witnesses orally by live television link, telephone or any other method of direct communication.”

.
2 Order 88 shall be amended as follows –
(a) for paragraph (a) of rule 3, there shall be substituted the following new paragraph –

“(a) where the mortgaged property is situated including its postal address (if any); and”

;
(b) for paragraph (1) of rule 4A, there shall be substituted the following new paragraph –

“1 Where the plaintiff –
(a) claims in a mortgage action delivery of possession of land which comprises or includes a dwelling house because of failure to pay monies secured by the mortgage; or
(b) applies for the removal or variation of a stay or suspension contained in an order for delivery of possession made as a result of such a claim in a mortgage action relating to such land,
he shall, when serving a copy of the notice of appointment or any summons (not being an originating summons) for such a claim or application also serve on the defendant a notice in Form No. 10A in Appendix A.”

;
(c) in paragraph (2) of rule 4A, there shall be deleted the words “or 10B, as the case may be,”;
(d) for paragraph (3) of rule 5A, there shall be substituted the following new paragraph –

“3 In an action to which this rule applies –
(a) where the amount owing to a prior incumbrancer is unknown the plaintiff shall, not less than 4 clear days before the date fixed for the first hearing of the summons, serve upon that incumbrancer notice bearing the title and record number of the action and stating –
(i) the relief sought by the plaintiff in the action;
(ii) that the plaintiff is unaware of the amount (if any) owing to the prior incumbrancer and secured against the mortgaged property;
(iii) that the prior incumbrancer may apply to intervene in the proceedings if for any reason he thinks fit; and
(iv) the date, time and place fixed for the hearing;
(b) the court may direct an account to be taken of all incumbrances subsequent as well as prior to or contemporaneous with the plaintiff’s demand and an inquiry as to their respective priorities and the court may make an order for delivery of possession conditional on the result of such an account and inquiry.”

.

3 Amendment of Appendix A of the principal Rules
Appendix A shall be amended as follows –
(a) for Form 10A, there shall be substituted the new Form 10A set out in the Schedule to these Rules;
(b) Form 10B is hereby revoked; and
(c) for Form 38, there shall be substituted the new Form 38 set out in the Schedule to these Rules.
Brian Kerr J. M. Nicholson Anthony Campbell Paul Girvan Patrick Coghlin Mark Horner Bernard McCloskey Tony Caher Caroline A. McGonagle Dated 18th March 2005
Signed by the authority of the Lord Chancellor
I concur
Baroness Ashton of Upholland Parliamentary Under-Secretary of State, Department for Constitutional Affairs Dated 22nd March 2005
SCHEDULE

No. 10A Notice to defendant in lender’s action for possession of dwelling house
(O. 88, 4A)

FINANCIAL STATEMENT/BUDGET FORM FOR COMPLETION IN ADVANCE OF HEARING OF MORTGAGE ACTION FOR POSSESSION OF RESIDENTIAL PROPERTY

No. 38 Notice of Application to the High Court for bail
(O. 79, r. 2)
In the High Court of Justice in Northern Ireland
Queens Bench Division
(Crown Side)
Rule 3

(This note is not part of the Rules.)
These Rules amend Order 38 (Evidence) of the Rules of the Supreme Court (Northern Ireland) 1980 so as to allow evidence of any particular fact to be given by live television link, telephone or any other method of direct communication.
These Rules also amend Order 88 (Mortgage actions) so as to –
include any postal address for the security in the description in the originating summons;
reflect the requirement for notice to be sent in certain circumstances to prior mortgagees;
Appendix A to the principal Rules is amended by replacing Forms 10A and 10B with a new Form 10A: a single form of notice explaining to mortgagor defendants the procedures in residential property cases, should they wish to apply for time to address their obligations:
(i) under agreements which are regulated by the Consumer Credit Act 1970; and
(ii) under agreements which are not so regulated and to which the Court’s powers under section 36 of the Administration of Justice Act 1970 and section 8 of the Administration of Justice Act 1973 are applicable.
The new Form 10A includes an explanation of the requirement for production of a letter from an estate agent by a defendant who is seeking time to find a purchaser and complete a sale of the mortgaged property. The new notice will also have attached to it a form of detailed written budget.
These Rules also substitute a new Form 38 (Notice of application to the High Court for bail) into Appendix A of the principal Rules to allow for information regarding readiness to proceed to be included in the notice of application.