The Rules of the Court of Judicature (Northern Ireland) (Amendment) 2011

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Rules of the Court of Judicature (Northern Ireland) 1980 (S.R. 1980 No. 346) (‘the principal Rules’) to:

• make provision enabling the transposition of article 5 (recourse to mediation), article 6 (enforceability of agreements resulting from mediation) and article 7 (confidentiality of mediation) of Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 (“the Directive”) on certain aspects of mediation in civil and commercial matters; and

• prescribe the procedure relating to applications for, or in relation to, an exploitations proceeds order under Part 7 of the Coroners and Justice Act 2009 (‘the 2009 Act’).

In particular, the Rules insert a new Part III in Order 1, make consequential amendments to Order 66, insert a new Part V in Order 71 and a new Order 125.

The new Part III of Order 1 makes provision for mediation in general and allows the Court to adjourn proceedings or extend the time for compliance with a court order or a provision in the principal Rules in order to facilitate the parties using a mediation process.

The new Part V of Order 71 pertains to the Directive in particular and includes provision on the scope of the part and interpretation (rule 45), rules in relation to article 6 of the Directive (rules 48 and 49) and rules in relation to article 7 (rules 50 and 51).

New Order 125 prescribes the procedures in relation to; an application for an exploitation proceeds order under section 161 of the 2009 Act (rule 4); an application to discharge an exploitation proceeds order following the conviction on which it was based being quashed (rule 5); a repeat application for an exploitation proceeds order against a defendant (rule 6); and an application for, or in relation to, an additional proceeds reporting order (rule 7).