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County Courts (Northern Ireland) Order 1980, Section 54 is up to date with all changes known to be in force on or before 16 August 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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54.—(1) Any person summoned in accordance with county court rules as a witness in a civil action or matter in a county court to whom at the time of the service of the summons there is paid or tendered such sum as may be prescribed in respect of his expenses (including in such cases as may be prescribed compensation for loss of time)—
(a)who refuses or neglects without sufficient cause to appear or to produce any documents required by the summons to be produced; or
(b)refuses to be sworn or give evidence;
shall be guilty of a contempt of the court.
(2) Any person present in court who being required to give evidence refuses to be sworn or give evidence shall be guilty of a contempt of the court.
(3) A person guilty of contempt of court under this Article shall, without prejudice to paragraph (4), be liable to the penalties provided by Article 55(2).
(4) The judge imposing a fine for any contempt under this Article may, notwithstanding anything in any statutory provision, order the whole or part of the amount thereof to be applied towards indemnifying the party injured by the refusal or neglect.
(5) Paragraphs (1) to (4) shall apply to a debtor summoned under [F1 Article 108 of the Judgments Enforcement (Northern Ireland) Order 1981 [1981 NI 6] ] in like manner as they apply to a person summoned as a witness.
(6) Paragraphs (1) to (3) shall, in like manner as they apply to a person summoned as a witness in a civil action, apply to a person summoned in accordance with county court rules as a witness in proceedings in the county court consequent on an appeal to it under[F2 Article 140, 141 or 142 of the Magistrates' Courts (Northern Ireland) Order 1981] and where a person is so summoned in such proceedings by the Crown shall apply with the omission in paragraph (1) of the words from “to whom” to “of time)”.
(7) Subject to the foregoing provisions of this Article, a county court shall in relation to witnesses in any proceedings before it have the like powers as are exercisable by the High Court in any proceedings before that court.
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