Family Homes and Domestic Violence (Northern Ireland) Order 1998

Appeals N.I.

39.—(1) Subject to any express provisions to the contrary made by or under this Order, an appeal shall lie to the High Court against—

(a) the making by a county court of any order under this Order; or

(b) any refusal by a county court to make such an order,

as if the decision had been made in the exercise of the jurisdiction conferred by Part III of the [1980 NI 3.] County Courts (Northern Ireland) Order 1980 and the appeal were brought under Article 60 of that Order.

(2) An appeal shall not lie to the High Court under paragraph (1)—

(a) on an appeal from a court of summary jurisdiction; or

(b) where the county court is a divorce county court exercising jurisdiction under the [1978 NI 15.] Matrimonial Causes (Northern Ireland) Order 1978 in the same proceedings. [F1 or]

[F1 (c) where the county court is a civil partnership proceedings county court exercising jurisdiction under the Civil Partnership Act 2004.]

(3) Subject to any express provisions to the contrary made by or under this Order, an appeal shall lie to the county court against—

(a) the making by a court of summary jurisdiction of any order under this Order; or

(b) any refusal by a court of summary jurisdiction to make such an order.

(4) If the court of summary jurisdiction referred to in paragraph (3) is a family proceedings court—

(a) the county court to which the appeal under that paragraph lies shall be such county court as may be specified by order made by the Lord Chancellor[F2 , after consultation with the Lord Chief Justice,] for the purposes of this paragraph; and

(b) section 178 of the [1968 c. 34 (N.I.).] Children and Young Persons Act (Northern Ireland) 1968 shall not apply where such a county court deals with such an appeal;

and except to the extent that the Lord Chancellor[F3 , after consultation with the Lord Chief Justice,] by order otherwise provides, the jurisdiction of any such specified county court under this Order shall be exercisable throughout Northern Ireland (and accordingly Article 3(3)(b) of the [1980 NI 3.] County Courts (Northern Ireland) Order 1980 (jurisdiction exercisable throughout county court division) shall not apply.

(5) Where a court of summary jurisdiction has power, in relation to any proceedings under this Order, to decline jurisdiction because it considers that the case can more conveniently be dealt with by another court, no appeal shall lie against any exercise of that power by that court of summary jurisdiction.

(6) Without prejudice to Article 61 of the County Courts (Northern Ireland) Order 1980 (cases stated), rules of court shall make provision for an appeal to the Court of Appeal from any order made by a county court under this Order, or from the dismissal of any application for such an order, upon a point of law, a question of fact or the admission or rejection of any evidence, where the county court is a divorce county court exercising jurisdiction under the [1978 NI 15.] Matrimonial Causes (Northern Ireland) Order 1978 in the same proceedings [F1 or a civil partnership proceedings county court exercising jurisdiction under the Civil Partnership Act 2004 in the same proceedings].

(7) In paragraphs (8) to (10) “appellate court” means the High Court or the county court, as the case may be.

(8) On an appeal under this Article, the appellate court may make such orders as may be necessary to give effect to its determination of the appeal.

(9) Where an order is made under paragraph (8), the appellate court may also make such incidental or consequential orders as appear to it to be just.

(10) Any order of the appellate court made on an appeal under this Article (other than one directing that an application be re-heard by the county court or a court of summary jurisdiction) shall, for the purposes—

(a) of the enforcement of the order, and

(b) of any power to vary, revive or discharge orders,

be treated as if it were an order of the court from which the appeal was brought and not an order of the appellate court.

(11) The Lord Chancellor may[F4 , after consultation with the Lord Chief Justice,] by order make provision as to the circumstances in which appeals may be made against decisions taken by courts on questions arising in connection with the transfer, or proposed transfer, of proceedings by virtue of any order under Article 34(5).

[F5 (11A) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under paragraph (4) or (11)—

(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b) a Lord Justice of Appeal (as defined in section 88 of that Act).]

(12) Except to the extent provided for in any order made under paragraph (11), no appeal may be made against any decision of a kind mentioned in that paragraph.

F1 2004 c.33

F2 Words in art. 39(4)(a) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(2), 148(1), Sch. 5 para. 111(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 12(b)

F3 Words in art. 39(4)(b) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(2), 148(1), Sch. 5 para. 111(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 12(b)

F4 Words in art. 39(11) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(2), 148(1), Sch. 5 para. 111(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 12(b)

F5 Art. 39(11A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(2), 148(1), Sch. 5 para. 111(4); S.I. 2006/1014, art. 2(a), Sch. 1 para. 12(b)