The County Court (Amendment) Rules (Northern Ireland) 2013

Amendments to the County Court Rules (Northern Ireland) 1981

6.  In Order 5 for rule 3 substitute—

“Notice for further particulars

3.— (1) In any case to which Rule 2(4) does not apply, the defendant may require the plaintiff, by notice in writing served within 14 days after service of the notice of intention to defend, to furnish further particulars of claim within 14 days of service of the notice for particulars.

(2) In any case to which Rule 2(4) does not apply, the plaintiff may require the defendant by notice in writing served within 14 days after service of the particulars of claim or where no notice for further particulars of claim has been served, within 14 days of service of the notice of intention to defend, to furnish particulars of any defence, set off or counterclaim within 14 days of service of the notice for particulars.

(3) Where under paragraphs (1) and (2) particulars have been duly required and—

(a) have not been furnished within the time specified in the notice; or

(b) if furnished, are in the opinion of the judge or district judge insufficient;

the judge or district judge may make such order as he thinks just including, in particular, an order that the proceedings be dismissed or, as the case may be, an order that the notice of intention to defend be struck out and judgment be entered accordingly.

(4) Any costs occasioned by service of a notice under paragraph (1) or (2) shall be at the discretion of the judge or district judge as the case may be.

(5) Where a defendant has served a third party notice this Rule shall, with any necessary modifications, apply as if the third party were a defendant and a plaintiff.

(6) In this Rule the words “plaintiff” and “defendant” respectively shall include a plaintiff and defendant to a counterclaim.”.