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County Court Rules (Northern Ireland) 1981

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Procedure for enforcement

7.—(1) When a decree enforceable by committal has been made for the benefit of one party (in this Rule called “the applicant”) against another party (in this Rule called “the respondent”) the chief clerk shall, on the application of the applicant, endorse on a certified copy of the decree a notice in Form 270 and the copy so endorsed shall be served on the respondent personally.

(2) If the respondent fails to obey the decree, the applicant shall at least two days before the hearing serve on the respondent personally a notice in Form 271 and shall send to the chief clerk a notice in Form 272.

(3) The judge may hear such application at any time and place he considers suitable.

(4) On the day named in the notice, the judge, on being satisfied that the respondent has failed to obey the decree and, if the respondent does not appear, that the endorsed copy of the decree and the notice have been served on him, may order a warrant of committal to issue; but the judge may, if he considers it necessary, hear the application ex parte and make such order thereon as he thinks fit.

(5) The order for the issue of a warrant shall be in Form 273 and the warrant shall be in Form 274.

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