County Court Rules (Northern Ireland) 1981

Execution of decree against a firm

6.—(1) A decree against a firm may be enforced—

(a) against any property of the partnership in Northern Ireland;

(b) against any person who has been adjudged to be liable as a partner;

(c) against any person who was individually served with the civil bill as a partner or person sought to be made liable—

(i) in a default action, where the decree is made under Order 12, Rule 6;

(ii) in a summary action; where a decree is issued under Order 12, Rule 12(a);

(iii) in any other action, where he has failed to appear at the hearing.

(2) If the person who has obtained the decree claims to be entitled to enforce it against a partner or otherwise, he may apply to the judge for leave so to do, and the following provisions shall apply—

(a) he shall give to the alleged partner not less than three days' notice of his application;

(b) the notice shall be served on the alleged partner personally;

(c) on the hearing of the application, the judge—

(i) if liability is not disputed, may give leave for application to be made for enforcement under the Judgments Enforcement (Northern Ireland) Order 1981(1);

(ii) if liability is disputed, may order the issue of liability to be tried in such manner as he thinks fit and may give any necessary directions for that purpose.

(1)

S.l. 1981/226 (N.l. 6).