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County Courts (Northern Ireland) Order 1980
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County Courts (Northern Ireland) Order 1980, Section 42C is up to date with all changes known to be in force on or before 14 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F1Provisions supplementary to Articles 42A and 42BN.I.
42C.—(1) A county court shall not make an order under Article 42A or 42B if it considers that compliance with the order, if made, would be likely to be injurious to the public interest.
(2) County court rules may make provision as to the circumstances in which an order under Article 42A or 42B can be made.
(3) Without prejudice to the generality of paragraph (2), county court rules shall be made for the purpose of ensuring that the costs of and incidental to proceedings for an order under Article 42A(2) or 42B incurred by the person against whom the order is sought. shall be awarded to that person unless the court otherwise directs.
(4) Articles 42A(2) and 42B and this Article bind the Crown to the full extent authorised or permitted by the constitutional laws of Northern Ireland: and Article 42A(l) binds the Crown to the same extent so far as it relates to property as to which it appears to the court that it may become the subject-matter of subsequent proceedings involving a claim in respect of personal injuries to a person or in respect of a person's death.
(5) In Articles 42A and 42B and this Article—
“property” includes any land, chattel or other corporeal property of any description;
“personal injuries” includes any disease and any impairment of a person's physical or mental condition.]
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