County Court Rules (Northern Ireland) 1981

ORDER 37 Applications under section 37 of the Landlord and Tenant Law Amendment Act, Ireland, 1860

Notice of application

1.  A notice of application to annul or vary a precept, order or conviction under section 37 of the Landlord and Tenant Law Amendment Act, Ireland, 1860 (in this Order referred to as “ the Act of 1860”) shall be in Form 169 or Form 170 and shall be served at least three days before the entry day next following the service of such precept, the date of such order or the conviction in case there are at least ten days intervening between such service, date of conviction and the said entry day and if not then such application shall be made at the sittings next following.

Claim for compensation

2.  Where a party claims compensation for any loss or damage caused by the procuring of a precept or order mentioned in section 35 of the Act of 1860, he shall serve a notice in Form 171 on the opposite party from whom he claims the compensation before the beginning of a period of sixteen days ending on the entry day for the sittings at which such claim is to be made.

Venue and service of notices

3.—(1) An application under section 37 of the Act of 1860 to annul or vary a precept, order or conviction or for compensation for any loss or damage caused by procuring such precept or order shall be made to the court for the division where the premises in respect of which the precept, order or conviction has been issued or made are in whole or in part situate or, if the opposite party resides outside the division, to the court for the division in which that party resides.

(2) A notice under Rule 1 or Rule 2 shall be served and entered in like manner as a civil bill.