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

ENFORCEMENT OF JUDGMENTS AND ORDERS

ORDER 45 ENFORCEMENT OF JUDGMENTS AND ORDERS: GENERAL

Interpretation

1.  In this Order “ the Act of 1969” means the Judgments (Enforcement) Act (Northern Ireland) 1969(1).

Enforcement of judgment, etc., for payment of money into court

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]

Enforcement of judgment for possession of land

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.

Enforcement of judgment to do or abstain from doing any act

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]

Service of copy of judgment, etc., prerequisite to enforcement under rule 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]

Court may order act to be done at expense of disobedient party

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]

Enforcement by or against person not being a party

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]

Conditional judgment: waiver

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]

Matters occurring after judgment: stay of enforcement, etc.

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]

ORDER 46 LEAVE TO ENFORCE JUDGMENTS

Application for leave to enforce

1.—(1) Subject to Order 8-1, rule 5, where leave to enforce a judgment or order is required an application for such leave may be made ex parte unless the Court directs it to be made by summons.

(2) Such an application must be supported by an affidavit—

(a) identifying the judgment or order to which the application relates and, if the judgment or order is for the payment of money, stating the amount originally due thereunder and the amount due thereunder at the date of the application;

(b) giving such other information as is necessary to satisfy the Court that the applicant is entitled to proceed to enforce the judgment or order in question and that the person against whom it is sought to enforce is liable to enforcement under it.

(3) The Court hearing such application may grant leave in accordance with the application or may order that any issue or question, a decision on which is necessary to determine the rights of the parties, be tried in any manner in which any question of fact or law arising in an action may be tried and, in either case, may impose such terms as to costs or otherwise as it thinks just.

[E.r. 4]

ORDER 47 SEQUESTRATION

Application for order of sequestration

1.—(1) An application for an order of sequestration must be made to a judge by motion.

(2) Subject to paragraph (3), the notice of motion, stating the grounds of the application and accompanied by a copy of the affidavit in support of the application, must be served personally on the person against whose property the order of sequestration under Part VIII of the Judgments (Enforcement) Act (Northern Ireland) 1969 is sought.

(3) Without prejudice to its powers under Order 65, rule 4, the Court may dispense with service of the notice of motion under this rule if it thinks it just to do so.

(4) The judge hearing an application tor an order of sequestration may sit in private in any case in which, if the application were for an order of committal, he would be entitled to do so by virtue of Order 52, rule 8, but, except in such a case, the application shall be heard in open court.

[E.O. 46 r. 5]

ORDER 48 EXAMINATION OF PARTY LIABLE TO SATISFY JUDGMENT

Examination of party liable to satisfy judgment other than a judgment for the payment of money

1.—(1) Where any difficulty arises in or in connection with the enforcement of any judgment or order, other than a judgment or order for the payment of money, the Court may make an order for the attendance of the party liable to satisfy the judgment or order and for his examination on such questions as may be specified in the order.

(2) An order under this rule must be served personally on the party liable to satisfy the judgment or order.

[E.r. 2]

Examiner to make record of statement pursuant to examination under rule 1

2.  The officer conducting the examination shall take down, or cause to be taken down, in writing the statement made by the person at the examination, read it to him and ask him to sign it; and if he refuses the officer shall sign the statement.

[E.r. 3]

ORDER 49

[No Order made]

ORDER 50 FUNDS IN COURT: STOP ORDER

Funds in court: stop order

1.—(1) The Court, on the application of any person—

(a) who has a mortgage or charge on the interest of any person in funds in court, or

(b) to whom that interest has been assigned

may make an order prohibiting the transfer, sale, delivery out, payment or other dealing with such funds, or any part thereof, or the income thereon, without notice to the applicant.

(2) An application for an order under this rule must be made by summons in the cause or matter relating to the funds in court, or, if there is no such cause or matter, by originating summons.

(3) The summons must be served on every person whose interest may be affected by the order applied for and on the Accountant General but shall not be served on any other person.

(4) Without prejudice to the Court's powers and discretion as to costs, the Court may order the applicant for an order under this rule to pay the costs of any party to the cause or matter relating to the funds in question, or of any person interested in those funds, occasioned by the application.

[E.r 10]

ORDER 51

[No Order made]

ORDER 52 COMMITIAL

Committal for contempt of court

1.—(1) The power of the High Court or Court of Appeal to punish for contempt of court may be exercised by an order of committal.

(2) Where contempt of court—

(a) is committed in connection with—

(i) any proceedings in the High Court, or

(ii) criminal proceedings, except where the contempt is committed in the face of the court or consists of disobedience to an order of the court or a breach of an undertaking to the court, or

(iii) proceedings in an inferior court, or

(b) is committed otherwise than in connection with any proceedings,

then, subject to paragraph (3) and rule 5, an order of committal may be made only by a court of the High Court consisting of two or more judges, and in this Order the word “Court” shall be construed accordingly save where the context or paragraph (4) otherwise requires.

(3) Where civil contempt of court is committed in connection with any proceedings in the High Court an order of committal may be made by a single judge.

(4) Where contempt of court is committed in relation to the Court of Appeal or in connection with any proceedings therein, an order of committal may be made by that Court as well as by the Court under paragraph (2).

(5) Every order of committal may be directed to any police-officer or to such other person as the Court may order.

[E.r. 1]

Application to the Court

2.—(1) Except under rule 1(3), no application to the Court for an order of committal against any person may be made unless leave to make such an application bas been granted in accordance with this rule.

(2) An application for such leave must be made ex parte to a judge in chambers or to a single judge of the Court of Appeal and must be supported by a statement setting out the name and description of the applicant, the name, description and address of the person sought to be committed and the grounds on which his committal is sought, and by an affidavit, to be filed before the application is made, verifying the facts relied on.

(3) The applicant must give notice of the application for leave not later than the preceding day to the Crown Office and must at the same time lodge in that Office copies of the statement and affidavit.

(4) Where an application for leave under paragraph (2) is refused, the applicant may make a fresh application for such leave to the appropriate court.

(5) An application made by virtue of paragraph (4) must be made within 8 days after the judge's refusal to give leave or, if the appropriate court does not sit within that period, on the first day on which it sits thereafter.

[E.r. 2]

Application for order after leave to apply granted

3.—(1) When leave has been granted under rule 2 to apply for an order of committal, the application for the order must be made by motion to the appropriate Court and, unless the Court or judge granting leave has otherwise directed, there must be at least 8 clear days between the service of the notice of motion and the day named therein for the hearing.

(2) Unless within 14 days after such leave was granted the motion is entered for hearing the leave shall lapse.

(3) Subject to paragraph (4), the notice of motion, accompanied by a copy of the statement and affidavit in support of the application for leave under rule 2, must be served personally on the person sought to be committed.

(4) Without prejudice to the powers of the Court or judge under Order 65, rule 4, the Court or judge may dispense with service of the notice of motion under this rule if it or he thinks it just to do so.

[E.r. 3]

Application for order under rule 1(3)

4.—(1) An application for an order of committal under rule 1(3) must be made by motion and be supported by an affidavit.

(2) Subject to paragraph (3); the notice of motion, stating the grounds of the application and accompanied by a copy of the affidavit in support of the application, must be served personally.

(3) Without prejudice to its powers under Order 65 rule 4, the Court may dispense with service of the notice under this rule if it thinks it just to do so.

Where person sought to be committed fails to appear

5.  Where on the hearing of the motion the person sought to be committed fails to appear the Court may make an order of committal against him if it thinks it just to do so.

Saving for power to commit without application for purpose

6.  Nothing in the foregoing provisions of this Order shall be taken as affecting the power of the High Court or Court of Appeal to, make an order of committal of its own motion against a person guilty of contempt of court.

[E.r. 5]

Contempt in presence of judge

7.—(1) Without prejudice to rule 6, any person who, in the presence of a judge sitting in the High Court or Court of Appeal appears to be guilty of contempt of court may immediately be called upon to show cause why an order of committal should not be made against him or he may be ordered to appear on some future date, with or without recognizances, before the High Court or Court of Appeal to show cause why an order of committal should not be made against him.

(2) Where the High Court or Court of Appeal directs that recognizances shall be entered into, the Court shall determine the number of sureties, if any, the amount in which the person who appears to be guilty of contempt and any sureties are to be bound and the conditions to be indorsed on the recognizances with a view to the recognizances being taken subsequently.

(3) Any such recognizance may be entered into before a master who before taking the recognizance of a surety must satisfy himself that the surety is a suitable person to enter into a recognizance.

Provisions as to hearing

8.—(1) Subject to paragraph (2), the Court hearing an application for an order of committal may sit in private in the following cases, that is to say—

(a) where the application arises out of proceedings relating to the wardship or adoption of a minor or wholly or mainly to the guardianship, custody, maintenance or upbringing of a minor, or rights of access to a minor;

(b) where the application arises out of proceedings relating to a person suffering or appearing to be suffering from mental disorder within the meaning of the Mental Health Act (Northern Ireland) 1961(2) or any other incapacitating condition;

(c) where the application arises out of proceedings in which a secret process, discovery or invention was in issue;

(d) where it appears to the Court that in the interests of the administration of justice or for reasons of national security the application should be heard in private;

but, except as aforesaid, the application shall be heard in open court.

(2) If the Court hearing an application in private by virtue of paragraph (1) decides to make an order of committal against the person sought to be committed, it shall in open court state—

(a) the name of that person,

(b) in general terms the nature of the contempt of court in respect of which the order of committal is being made, and

(c) if he is being committed for a fixed period, the length of that period.

(3) Except with the leave of the Court hearing an application for an order of committal, no grounds shall be relied upon at the hearing except the grounds set out in the statement under rule 2.

The foregoing provision is without prejudice to the powers of the Court under Order 20, rule 8.

(4) If on the hearing of the application the person sought to be committed expresses a wish to give or adduce evidence on his own behalf, he shall be entitled to do so.

(5) In this rule references to a court sitting in private include references to a court sitting in camera and a judge in chambers.

[E.r. 6]

Power to suspend execution of committal order

9.—(1) The Court by which an order of committal is made may by order direct that the execution of the order of committal shall be suspended for such period or on such terms or conditions as it may specify.

(2) Where execution of an order of committal is suspended by an order under paragraph (1), the applicant for the order of committal must, unless the Court otherwise directs, serve on the person against whom it was made a notice informing him of the making and terms of the order under that paragraph.

[E.r 7]

Discharge of person committed

10.—(1) The Court may, on the application of any person committed to prison until further order for any contempt of court, discharge him.

(2) Where a person has been committed for failing to comply with a judgment or order requiring him to deliver any thing to some other person or to deposit it in court or elsewhere, and an order of sequestration has also been issued to enforce that judgment or order, then, if the thing is in the "custody or power of the person committed, the sequestrators appointed by the order of sequestration may take possession of it as if it were the property of that person and, without prejudice to the generality of paragraph (1), the Court may discharge the person committed and may give such directions for dealing with the thing taken by the sequestrators as it thinks fit.

[E.r. 8]

Saving for other powers

11.  Nothing in the foregoing provisions of this Order shall be taken as affecting the power of the Court to make an order requiring a person guilty of contempt of court, or a person punishable by virtue of any statutory provision in like manner as if he had been guilty of contempt of the High Court, to pay a fine or to give security for his good behaviour, and those provisions, so far as applicable, and with the necessary modifications, shall apply in relation to an application for such an order as they apply in relation to an application for an order of committal.

[E.r. 9]

(1)

1969 c. 30 (N.I.)

(2)

1961 c. 15 (N.I.)