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The Magistrates' Courts (Northern Ireland) Order 1981

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Changes over time for: Cross Heading: Powers exercisable by court in debt or ejectment proceedings

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Version Superseded: 31/10/2016

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Point in time view as at 06/06/2012.

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The Magistrates' Courts (Northern Ireland) Order 1981, Cross Heading: Powers exercisable by court in debt or ejectment proceedings is up to date with all changes known to be in force on or before 06 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Powers exercisable by court in debt or ejectment proceedingsN.I.

Order that decree shall issue either absolutely or conditionallyN.I.

74.—(1) Where an order is made in debt or ejectment proceedings, the court may order that a decree shall issue to give effect to its order (including any order as to costs made in such proceedings).

(2) A court of summary jurisdiction in debt or ejectment proceedings may order that a decree shall issue either absolutely or conditionally in as full and ample a manner as might be done in like cases by a county court having jurisdiction but a court of summary jurisdiction shall not grant an injunction.

Transfer of proceedings to county courtN.I.

75.—(1) Where it appears at any stage of debt or ejectment proceedings that a court of summary jurisdiction has not jurisdiction in the proceedings because the matters involved are beyond the jurisdiction of the court or that for any other reason the matter is more fit to be tried by the county court, the proceedings need not on that account be dismissed but the court of summary jurisdiction may order the proceedings to be transferred to the county court upon such terms as appear to it to be proper and after the proceedings are transferred they shall continue in the county court as if they had been commenced in that court and as if the defendant had entered a defence.

(2) Where proceedings are transferred under this Article to the county court, the county court judge may give such directions as to procedure and as to costs in the court of summary jurisdiction as he may deem proper and the parties shall comply with the directions.

(3) In this Article “the county court” means the county court for the county court division in which the proceedings would have been tried if originally commenced in the county court.

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