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County Court Rules (Northern Ireland) 1981

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Next friend

2.—(1) A person acting as next friend in any proceedings shall—

(a)before the proceedings are commenced; or

(b)in the case of interpleader proceedings to which Order 10 applies before the issue of the summons;

deliver at the Office an undertaking in Form 5, witnessed by a solicitor or person by whom affidavits may be taken.

(2) On giving the undertaking, the next friend shall be liable for costs in the same manner and to the same extent as if he were himself a plaintiff, and, if the proceedings fail or are discontinued, an order for payment of costs may be made against the next friend whether an order for costs is or is not made against the person under disability, and proceedings may be taken on the order for the recovery of the costs as for the recovery of any amount payable under a decree.

(3) This Rule does not apply to proceedings under Order 44.

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