County Courts (Northern Ireland) Order 1980

PART IINTRODUCTORY

1Title and commencement

2Interpretation

PART IIHOLDING OF COUNTY COURTS

3County courts to be held for divisions

4Directions as to holding of courts

6Appointment of days for holding of ordinary sittings

7Additional and extraordinary sittings

9Order of hearing

PART IIIORIGINAL CIVIL JURISDICTION

General Jurisdiction

10General civil jurisdiction

Recovery of Legacies, Annuities, etc.

11Recovery of legacies, annuities, etc.

Actions for Recovery of, or involving title to, Land

12Actions for recovery of, or involving title to, land

13Jurisdiction as respects injunctions

Equity Jurisdiction

14Jurisdiction in equity matters

Probate Jurisdiction

15Jurisdiction in contentious probate matters

16Power to grant limited administration

17Representatives to lodge accounts if required

18Lodgment in court of legacies, etc., of infants and absentees

19Payment into court under Trustee Act

20Payment into court in administration suits, etc.

21Transfer to county court of money recovered in High Court by infants, etc.

Power to increase Jurisdiction

22Power to increase civil jurisdiction of county courts

Jurisdiction by Agreement in, and Transfer of, Civil Proceedings

23Agreement conferring original civil jurisdiction

24Procedure in proceedings beyond jurisdiction commenced in county court

25Transfer from one county court to another

26Actions transferred from courts of summary jurisdiction

Remittal and Removal

27Saving for powers of remittal and removal

PART IVAPPEALS AND APPLICATIONS TO COUNTY COURTS

28Appeals and applications to county courts

PART VSUPPLEMENTAL PROVISIONS RESPECTING JURISDICTION OF COUNTY COURTS

(i)EXERCISE OF JURISDICTION OF COUNTY COURTS

29Exercise of jurisdiction of county court

(ii)PROVISIONS SUPPLEMENTAL TO CIVIL JURISDICTION

Exercise of Civil Jurisdiction

30Civil jurisdiction exercisable by circuit registrars

32Reference to officer

Extent of Powers of County Court

34County court to have powers of High Court

35Power of High Court to grant injunctions

Institution of Civil Proceedings

36Division of causes of action

37No action on judgment of other courts

38Civil proceedings by and against the Crown

39Capacity of parties

40Third and subsequent parties

41Service of process

42Offences in relation to civil process

Discovery and related procedures

42APowers of court exercisable before commencement of action

42BPower of court to order disclosure of documents, inspection of property etc. in proceedings for personal injuries or death

42CProvisions supplementary to Articles 42A and 42B

43Subpoenas and commissions for examination of witnesses

44Evidence of prisoners

45AInterest on debts and damages

(iii)PROVISIONS SUPPLEMENTAL TO BOTH CIVIL AND CRIMINAL JURISDICTION

Practice and Procedure

46County court rules committee

47Making of county court rules

47AControl of county court rules

48Powers of Rules Committee

49Application of High Court practice

50Right of audience

51Powers as respects solicitors

Art. 52 rep. by SR 1982/192

53Interpreters and shorthand-writers

Contempt of Court, etc.

54Refusal to appear, be sworn or give evidence

55Contempt of court

57Evidence of records

58Information to be furnished to Lord Chancellor

59County court seal

PART VIAPPEALS FROM AND CASES STATED BY COUNTY COURTS

60Ordinary appeals from the county court in civil cases

61Cases stated by county court judge

61AAppeals from decisions under Part I of Arbitration Act 1996

62Cases stated by High Court on appeal from county court

Supplemental provisions

63Special provisions as to cases stated under Article 61 on appeal from magistrates' court

64Powers of appellate court

65Single mode of appeal in all cases

66Practice and procedure

PART VIIFINANCIAL AND SUPPLEMENTARY PROVISIONS

67Financial provisions

69Transitional provisions and repeals

Schedule 1—Amendments

SCHEDULE 2TRANSITIONAL PROVISIONS

1All rules and orders regulating proceedings in county courts made, or having effect as if...

2Where any statutory provision passed or made before 1st April 1960 requires or authorises the...

4As from such date as may be specified for the purposes of this paragraph by...

5Nothing in this Schedule prejudices the operation of sections 28 and 29 of the Interpretation...

Schedule 3‐Repeals

1980 No. 397 (N.I. 3)

County Courts (Northern Ireland) Order 1980

[19th March 1980] C1

Annotations:

Modifications etc. (not altering text)

C1

Order: functions of Lord Chancellor transferred to Department of Justice (except for Article 47 so far as relating to the functions of the Lord Chancellor in relation to county court rules which deal (or would deal) with an excepted matter) (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(1), Sch. 17 para. 33 (with arts. 15(6), 28-31); S.I. 2010/977, art. 1(2)