1. In this Order “the Act of 1969” means the Judgments (Enforcement) Act (Northern Ireland) 1969(1).
2.—(1) Subject to the provisions of these rules, a judgment or order for the payment of money into court may be enforced by one or more of the following means, that is to say—
(a)the appointment of a receiver;
(b)in a case in which rule 5 applies, an order of committal under Order 52.
(2) Paragraph (1) is without prejudice to any other remedy available to enforce such a judgment or order as is therein mentioned or to the power of a court to make a commital order under Part VII of the Act of 1969 or to the enactments relating to bankruptcy or the winding up of companies.
[E.r. 1]
3. Without prejudice to Section 53 of the Act of 1969 and subject to the provisions of these rules, a judgment or order for the giving of possession of land may be enforced in a case in which rule 5 applies by an order of committal under Order 52.
4.—(1) Where—
(a)a person required by a judgment or order to do an act within a time specified in the judgment or order refuses or neglects to do it within that time or, as the case may be, within that time as extended or abridged under Order 3, rule 5, or
(b)a person disobeys a judgment or order requiring him to abstain from doing an act,
then, without prejudice to section 92 of the Act of 1969 and subject to the provisions of these rules, the judgment or order may, subject to Part VII of the Act of 1969, be enforced by an order of committal under Order 52.
(2) Where a judgment or order requires a person to do an act within a time therein specified and an order is subsequently made under Order 42, rule 5 requiring the act to be done within some other time, references in paragraph (1) of this rule to a judgment or order shall be construed as references to the order made under Order 42 rule 5.
[E.r. 5]
5.—(1) In this rule references to an order shall be construed as including references to a judgment.
(2) Subject to Order 24, rule 15(3), Order 26, rule 6(3), and paragraphs (6) and (7) of this rule, an order shall not be enforced under rule 4 unless—
(a)a copy of the order has been served personally on the person required to do or abstain from doing the act in question, and
(b)in the case of an order requiring a person to do an act, the copy has been so served before the expiration of the time within which he was required to do the act.
(3) Subject as aforesaid, an order requiring a body corporate to do or abstain from doing an act shall not be enforced by an order of sequestration unless a copy of the order requiring the body corporate to do the act has been served on an officer of the company before the expiration of the time within which the body was required to do the act.
(4) There must be indorsed on the copy of an order served under this rule a notice informing the person on whom the copy is served—
(a)in the case of service under paragraph (2), that if he neglects to obey the order within the time specified therein, or, if the order is to abstain from doing an act, that if he disobeys the order, he is liable to process of enforcement to compel him to obey it, and
(b)in the case of service under paragraph (3); that if the body corporate neglects to obey the order within the time so specified or, if the order is to abstain from doing an act, that if the body corporate disobeys the order, it is liable to process of enforcement to compel compliance with the order.
(5) With the copy of an order required to be served under this rule, being an order requiring a person to do an act, there must also be served a copy of any order made under Order 3, rule 5, extending or abridging the time for doing the act and, where the first-mentioned order was made under Order 42, rule 5, a copy of the previous order requiring the act to be done.
(6) An order requiring a person to abstain from doing an act may be enforced under rule 4 notwithstanding that service of a copy of the order has not been effected in accordance with this rule if the Court is satisfied that, pending such service, the person against whom or against whose property it is sought to enforce the order had notice thereof either—
(a)by being present when the order was made, or
(b)by being notified of the terms of the order, whether by telephone, telegram or otherwise.
(7) Without prejudice to its powers under Order 65, rule 4, the Court may dispense with service of a copy of an order under this rule if it thinks it just to do so.
[E.r. 7]
6. If an order of mandamus, a mandatory order, ah injunction or a judgment or order for the specific performance of a contract is not complied with, then, without prejudice to its powers under section 33 of the Act and its powers to punish the disobedient party for contempt, the Court may direct that the act required to be done may, so far as practicable, be done by the party by whom the order or judgment was obtained or some other person appointed by the Court, at the cost of the disobedient party, and upon the act being done, the expenses incurred may be ascertained in such manner as the Court may direct and an order for payment by the disobedient party of the amount so ascertained and costs may be made by the Court.
[E.r. 8]
7.—(1) Any person, not being a party to a cause or matter, who obtains any order or in whose favour any order is made, shall be entitled to enforce obedience to the order by the same process as if he were a party.
(2) Any person, not being a party to a cause or matter, against whom obedience to any judgment or order may be enforced, shall be liable to the same process for enforcing obedience to the judgment or order as if he were a party.
[E.r. 9]
8. A party entitled under any judgment or order to any relief subject to the fulfilment of any condition who fails to fulfil that condition is deemed to have abandoned the benefit of the judgment or order, and, unless the Court otherwise directs, any other person interested may take any proceedings which either are warranted by the judgment or order or might have been taken if the judgment or order had not been given or made.
[E.r. 10]
9. A party against whom a judgment has been given or an order made may apply to the Court for a stay of enforcement of the judgment or order or other relief on the ground of matters which have occurred since the date of the judgment or order, and the Court may by order grant such relief, and on such terms, as it thinks just.
[E.r. 11]