The Rules of the Supreme Court (Northern Ireland) (Revision) 1980

ORDER 93 APPLICATIONS AND APPEALS TO THE HIGH COURT UNDER VARIOUS ENACTMENTS: CHANCERY DIVISION

Appeals, applications etc. under various enactments

1.—(1) Any appeal, application or reference to the High Court under any of the enactments referred to in paragraph (2), whether it is for the decision or opinion of the Court shall be assigned to the Chancery Division.

(2) The enactments are:—

(a) section 55 of the National Debt Act 1870(1),

(b) the Land Purchase Acts,

(c) the Vendor and Purchaser Act 1874(2),

(d) the Conveyancing Acts 1881 to 1911,

(e) section 17 of the Married Women's Property Act 1882(3),

(f) the Settled Land Acts 1882 to 1890,

(g) the Trade Union Act 1913(4),

(h) the Trustee Act (Northern Ireland) 1958(5),

(i) the Charities Act (Northern Ireland) 1964(6),

(j) the Building Societies Act (Northern Ireland) 1967(7),

(k) the Industrial and Provident Societies Act (Northern Ireland) 1969(8),

(l) section 7(3) of the Public Order Amendment Act (Northern Ireland) 1970(9),

(m) the Land Registration Act (Northern Ireland) 1970(10),

(n) the Friendly Societies Act (Northern Ireland) 1970(11),

(o) the Industrial Assurance (Northern Ireland) Order 1979(12).

(3) At any stage of the proceedings on an appeal under the enactments mentioned in paragraph (2) (g) (j) (k) (m) (n) and (o) the Court may direct that notice of the originating motion by which the appeal is brought be served on any person or may direct that notice be given by advertisement or otherwise of the bringing of the appeal, the nature thereof and the time when it will or is likely to be heard or may give such other directions as it thinks proper for enabling any person interested in the trade union, alleged trade union, society, or industrial assurance company concerned or in the subject matter of the appeal to appear and be heard on the appeal.

(4) An application for directions under paragraph (3) may be made by either party to the appeal by summons to the Judge in Chambers.

[E.rr. 4, 10 and 12]

Notice of petition under section 55 of National Debt Act 1870

2.  Where a petition is presented under section 55 of the National Debt Act 1870 the petitioner must, before the petition is heard, apply to the Chancery Judge in chambers for directions with respect to giving notice of the claim to which the petition relates, and the judge may direct that notice thereof be given by advertisement or in such other manner as he may direct or may dispense with the giving of such notice.

[E.r. 1]

Applications under section 57 of the Trustee Act (Northern Ireland) 1958

3.  In addition to any other persons who are necessary and proper defendants to the originating summons by which an application under section 57 of the Trustee Act (Northern Ireland) 1958 is made, the settlor and any other person who provided property for the purposes of the trusts to which the application relates must, if still alive and not the plaintiff, be made a defendant unless the Court for some special reason otherwise directs.

[E.r. 6(2)]

Application under section 7(3) of Public Order (Amendment) Act (Northern Ireland) 1970

4.—(1) Where an application is made to the High Court under section 7(3) of the Public Order (Amendment) Act (Northern Ireland) 1970 the persons to be made defendants to the originating summons by which such an application is made shall be such persons as the Attorney General may determine.

(2) In the absence of other sufficient representation the Court may appoint the Official Solicitor to represent any interests which in the opinion of the Court ought to be represented on any inquiry directed by the Court under the said section 7(3).

[E.r. 5]

Appeal under Article 18 of the Industrial Assurance (Northern Ireland) Order 1979

5.—(1) An application to the Court for leave to appeal under Article 18 of the Industrial Assurance (Northern Ireland) Order 1979 against a direction of the Industrial Assurance Commissioner for Northern Ireland under Article 18(3) of that Order must be made within 21 days after the date of the Commissioner's direction.

(2) An application for the grant of such leave must be made in chambers ex parte by an affidavit stating the material facts, the effect of the Commissioner's direction, the grounds on which the application is made and that the deponent is advised and believes that the applicant has good grounds for appealing.

(3) No order under this rule granting leave to appeal shall be drawn up but the Master shall indorse oh the notice of originating motion by which the appeal is brought a note signed by him stating that leave to appeal was granted by the Court and the date on which it was granted.

A copy of such note shall appear on any copy of such notice served on a respondent to the appeal.

(4) Notice of the originating motion by which the appeal is brought must be served, and the appeal entered within 28 days after leave to appeal was granted.

[E.r. 11]

(1)

1870 c. 71

(2)

1874 c. 78

(3)

1882 c. 75

(4)

1913 c. 30

(5)

1958 c. 23 (N.I.)

(6)

1964 c. 33 (N.I.)

(7)

1967 c. 31 (N.I.)

(8)

1969 c. 24 (N.I.)

(9)

1970 c. 4 (N.I.)

(10)

1970 c. 18

(11)

1970 c. 31 (N.I.)

(12)

S.I. 1979 No. 1574 (N.I. 13)