County Courts (Northern Ireland) Order 1980

Civil jurisdiction exercisable by circuit registrarsN.I.

30.—(1) Subject to paragraph (3), any action in which the amount claimed, or the value of specific chattels claimed, does not exceed [F1£10,000] shall, save as otherwise provided by county court rules, be heard and determined by a circuit registrar in accordance with those rules.

[F2(2) Any order, decision or determination made by a district judge under this Article (other than one made in dealing with a claim by way of arbitration under paragraph (3)) shall be embodied in a decree which for all purposes (including the right of appeal under Part VI) shall have the like effect as a decree pronounced by a county court judge.]

(3) Where in any action to which paragraph (1) applies the amount claimed, or the value of specific chattels claimed, does not exceed [F3£5,000] the circuit registrar shall, save as otherwise provided by county court rules, deal with the claim by way of arbitration in accordance with those rules.

[F2(4) Where in any action to which paragraph (1) applies the claim is dealt with by way of arbitration under paragraph (3)—

(a)any award made by the district judge in dealing with the claim shall be embodied in a decree which for all purposes (except the right of appeal under Part VI) shall have the like effect as a decree pronounced by a county court judge;

[F4(ab)any party may appeal on a question of law to a judge (not being a deputy judge) against any order, decision or determination;]

(b)the district judge may, and shall if so required[F4 by the Court of Appeal, state for the determination of the Court of Appeal any question of law arising out of an award made by the district judge in dealing with the claim unless an appeal on the question has been brought under sub-paragraph (ab);]

(c)except as provided by[F4 sub-paragraphs (ab) and (b)], any award so made shall be final; and

(d)except as otherwise provided by county court rules, no costs shall be awarded in connection with the action.

[F4(4A) An appeal under paragraph (4)(ab) shall be brought within the period of twenty-one days commencing with the date on which the order, decision or determination was made; and on such an appeal the judge—

(a)has the same powers as the district judge; but

(b)is not required to hold a hearing;

and his decision shall be final.]

(5) Subject to paragraph (4), county court rules may—

(a)apply any of the provisions of Part I of the Arbitration Act 1996 to arbitrations under paragraph (3) with such modifications as may be prescribed;

(b)prescribe the rules of evidence to be followed on any arbitration under paragraph (3) and, in particular, make provision with respect to the manner of taking and questioning evidence.

(5A) Except as provided by virtue of paragraph (5)(a), Part I of the Arbitration Act 1996 shall not apply to an arbitration under paragraph (3).]

(6) References in paragraphs (1) and (3) to an amount claimed include references to a balance claimed in the circumstances mentioned in Article 10(1)( a)( b) and ( c).