County Courts (Northern Ireland) Order 1980

Capacity of partiesN.I.

39.—(1) Subject to this Order and to county court rules, the capacity of persons or classes of persons to institute or continue proceedings, and the liability of persons or classes of persons to be sued, in a county court shall be the same as in the High Court.

(2) Without prejudice to the generality of paragraph (1)—

(a)a representative of a deceased person may sue or be sued in like manner as if he were a party in his own right;

(b)a person rendering himself an executor de son tort may be sued as if he were a rightful executor but shall not be liable beyond the amount of the assets actually received by him;

(c)a minor may sue as if he were of full age for money due to him under a contract of service or for work done by him;

(d)no proceedings shall abate by reason of the marriage, death or bankruptcy of[F1, or the formation of a civil partnership by,] any party, where the cause of action survives or continues, nor by reason of the assignment, creation or devolution of any estate or title pendente lite.