County Court Rules (Northern Ireland) 1981

Issue of application

7.—(1) The application for arbitration and 3 copies thereof shall be delivered to a court office where, upon payment of the prescribed fee for issue being made by or on behalf of the applicant, a designated officer shall issue the same by endorsing on the application and on all the copies a notice in Form 126 and (subject to paragraph (2)) shall file the application with one copy and return to the applicant one of the endorsed copies and cause another endorsed copy to be served on the respondent by means of the recorded delivery service.

(2) Where the court office at which the application is issued is an office other than the designated office for the division (hereinafter in this Rule referred to as “the designated office”) in which, in accordance with Rule 5, the hearing is to take place, the issuing office shall transmit the application to the designated office and shall retain the third copy.

(3) The office at which the application is issued shall cause a record of issue and of such service to be kept in a recorded delivery postage book and, if Other than the designated office, shall transmit to the designated office a copy of such record certified by the designated officer and this copy or the entry in the recorded delivery postage book shall be accepted as evidence of such service.

(4) If, on the expiration of 14 days from the service of the copy of the application and notice, the designated office has not received notice from the respondent that he intends to appear before the circuit registrar on the date fixed in the notice to dispute his liability for the claim in whole or in part or to allege a counterclaim the office shall refer the application to the circuit registrar as an undisputed application and the circuit registrar may; if he thinks fit, decide the case oh the basis of the application and the circuit registrar may, if he thinks fit, decide the case on the basis of the application submitted and make, such award as he thinks proper or require the applicant to attend before him on the date fixed.

(5) If the designated office receives notice from the respondent that he disputes his liability for the claim Or relies upon a counterclaim, the designated officer shall send a copy of such notice to the applicant.