The County Court (Amendment No. 2) Rules (Northern Ireland) 2022

Rule 2(a)

SCHEDULE 1 N.I.

Commencement Information

I1 Sch. 1 in operation at 6.1.2023, see rule 1

“ORDER 12A N.I. SUMMARY JUDGMENT

Interpretation

1.   In this Order—

• “application’ means an application for summary judgment made under rule 2 or rule 10 as the case may be;

• subject to rule 10, ‘defendant’ means a defendant against whom an application for summary judgment is made; and

• “judge’ means judge or, in relation to proceedings within the jurisdiction of the district judge, the district judge.

Application by plaintiff for summary judgment

2.— (1) Where in an action to which this rule applies a civil bill has been served on a defendant and that defendant has entered a notice of intention to defend in the action, the plaintiff may, on the ground that that defendant has no defence to a claim included in the civil bill, or to a particular part of such a claim, or has no defence to such a claim or part except as to the amount of any damages claimed, apply to the judge for judgment against that defendant.

(2) Subject to paragraph (3), this rule applies to every action begun by civil bill other than an action which includes a claim by the plaintiff—

(a) for libel, slander, malicious prosecution or false imprisonment;

(b) pursuant to the ejectment, title or equity jurisdiction of the court; or

(c) for committal of the defendant to prison.

(3) No application against the Crown may be made under this rule.

Manner in which an application shall be made

3.— (1) An application shall be made by lodging with the chief clerk notice in writing supported by an affidavit verifying the facts on which the claim, or the part of the claim to which the application relates, is based and stating that, in the deponent’s belief, there is no defence to the claim or part of the claim, as the case may be, or no defence except as to the amount of any damages claimed.

(2) The notice and a copy of the affidavit shall be served by the plaintiff on the defendant within 3 days of making the application.

Representations by defendant

4.— (1) The defendant may lodge representations in writing with the chief clerk within 14 days of service on him of the application and shall, at the same time, serve a copy on the plaintiff.

Consideration of application

5.   Upon consideration of the application and any representations made under rule 4, the judge may—

(a) grant the application without a hearing;

(b) dismiss the application without a hearing;

(c) list the application for a review hearing; or

(d) list the application for substantive hearing upon such terms and conditions, if any, as he thinks fit,

and give such directions as he considers appropriate.

6.   The chief clerk shall notify the plaintiff and defendant of any hearing listed under rule 5.

Judgment for the plaintiff

7.— (1) Unless on the hearing of an application—

(a) the judge dismisses the application; or

(b) the defendant satisfies the judge with respect to the claim, or the part of a claim to which the application relates, that there is an issue or question in dispute which ought to be tried or that there ought for some other reason to be a trial of that claim or part,

the judge may give such judgment for the plaintiff against the defendant on that claim or part as may be just having regard to the nature of the remedy or relief claimed.

(2) The judge may, by order and subject to such conditions, if any, as may be just, stay enforcement of any judgment given against a defendant under this rule until after the trial of any counterclaim made or raised by the defendant in the action.

Leave to defend

8.— (1) A defendant may show cause against an application at any time by affidavit or otherwise to the satisfaction of the judge.

(2) Any affidavit made under this rule shall be lodged with the chief clerk and a copy shall be served on the plaintiff by the defendant.

(3) Where the application is listed for substantive hearing, any affidavit made under this rule shall be lodged and served no later than three days before the hearing date.

9.   On dismissing an application, the judge may—

(a) give a defendant leave to defend the action with respect to the claim, or the part of a claim to which the application related, either unconditionally or on such terms as to giving security or time as he thinks fit; or

(b) order the defendant or, where the defendant is a body corporate, any director, manager, secretary or other similar officer thereof, or any person purporting to act in any such capacity—

(i) to produce any document; or

(ii) if it appears to the judge that there are special circumstances which make it desirable that that person should do so, to attend and be examined on oath.

Application for summary judgment on counterclaim

10.— (1) Where a defendant to an action begun by civil bill has served a counterclaim on the plaintiff then, subject to paragraphs (3) and (4), the defendant may, on the ground that the plaintiff has no defence to a claim made in the counterclaim, or to a particular part of such a claim, apply to the judge for judgment against the plaintiff on that claim or part.

(2) The provisions of this Order shall apply with any necessary modifications to an application made under this rule.

(3) This rule shall not apply to a counterclaim which includes any such claim as is referred to in rule 2(2).

(4) No application against the Crown may be made under this rule.

Directions as to further conduct of the action

11.   Where the judge—

(a) orders that a defendant or plaintiff has leave (whether conditional or unconditional) to defend an action or counterclaim, as the case may be, with respect to a claim or a part of a claim; or

(b) gives judgment for a plaintiff or a defendant on a claim or a part of a claim but also orders that enforcement of the judgment be stayed pending the trial of a counterclaim or the action, as the case may be,

the judge may give directions as to the further conduct of the action.

Costs

12.— (1) On disposing of an application, the judge may make such order as to costs as he considers appropriate.

(2) Without prejudice to paragraph (1)—

(a) if an application is made under rule 2 where the action is not within this Order or if it appears to the judge that the plaintiff knew that the defendant relied on a contention which would entitle him to unconditional leave to defend, the judge may dismiss the application with costs and may, if the plaintiff is not an assisted person, require the costs to be paid forthwith; and

(b) the judge shall have the same power to dismiss an application made under rule 10 as he has under sub-paragraph (a) to dismiss an application made under rule 2, and that sub-paragraph shall apply accordingly with the necessary modifications.

Right to proceed with residue of action or counterclaim

13.— (1) Where on an application under rule 2 the plaintiff obtains judgment on a claim or a part of a claim against any defendant, he may proceed with the action as respects any other claim or as respects the remainder of the claim or against any other defendant.

(2) Where on an application under rule 10 a defendant obtains judgment on a claim or part of a claim made in a counterclaim against the plaintiff, he may proceed with the counterclaim as respects any other claim or as respects the remainder of the claim or against any other defendant to the counterclaim.

Setting aside judgment

14.   Any judgment against a party who does not appear at the hearing of an application may be set aside or varied by the judge on such terms as he thinks just.”