County Courts
The County Courts in Northern Ireland serve as local civil Courts, handling claims for money and land values below certain thresholds. They maintain a less formal structure compared to the High Court, which typically deals with claims above those specific limits.
In Northern Ireland, the County Court is akin to the Republic of Ireland’s Circuit Court, but the District Court in the Republic of Ireland holds significantly broader jurisdiction and powers. Correspondingly, the Magistrates Court, equivalent to the District Court, addresses minor criminal matters, family, licensing, and related issues.
Northern Ireland is divided into distinct County Court areas, each comprising multiple petty session districts, generally aligning with local council areas. Courts convene regularly in each County Court division, with Belfast and Derry hosting the Recorders Courts.
The Circuits in Northern Ireland consist of the Northern Circuit (divided into six petty session districts), Belfast Circuit, Eastern Circuit (divided into six petty session districts), and Southern Circuit (divided into seven petty session districts). County Court Judges are appointed, and Deputy Judges, with at least 10 years of legal qualifications, may also be appointed. Presently, all District Judges serve as Deputy Judges, possessing the same powers as Judges in every respect. Temporary appointments of Deputy Judges are also possible.
The County Courts (Northern Ireland) Order 1980 governs the county courts and is supplemented by the County Court Rules, 1981. For more details on county court procedures, refer to other chapters in this guide.
Northern Ireland is divided into divisions as ordered by the Lord Chancellor after consultation with the Lord Chief Justice. Courts are held in locations specified by the order for each division, and the county courts have jurisdiction throughout the respective division.
In Belfast, the county court is known as Belfast Recorder’s Court, while in the City of Derry, it’s the Londonderry Recorder’s Court.
Organizational rules and directions for county court sittings, business nature, hours, and frequency are established by the Lord Chief Justice and must be pre-published. Additional and exceptional sittings can be arranged as needed.
The Northern Ireland Courts and Tribunals Service’s public consultation, “Redrawing the Map: A Consultation on Court Boundaries in Northern Ireland,” proposed replacing the existing rigid statutory framework of court boundaries for County Courts and magistrates’ courts. The aim was to establish a single jurisdiction within Northern Ireland, supported by more flexible administrative arrangements.
Stakeholders broadly welcomed these proposals, leading to the implementation of Single Jurisdiction reforms on October 31, 2016. The legislation for the single jurisdiction is contained in Part 1 of the Justice Act (Northern Ireland) 2015. Under these new arrangements, County and magistrates’ courts exercise jurisdiction throughout Northern Ireland, akin to the operating procedure of the Crown Court.
District Judges possess a minimum of seven years of legal practice. The County Court’s jurisdiction covers civil claims up to £15,000, including claims for definite amounts and those where the plaintiff doesn’t anticipate recovering more than £15,000. It also encompasses claims on movable items’ values and accounts exceeding £15,000.
The County Court holds jurisdiction over land law matters with an annual land value not exceeding specific amounts, which vary between £3,200 and £500. Additionally, it has the power to grant Injunctions and handles various matters such as wills and administration, trusts, mortgages, land possession, partnerships, land partition, matrimonial, and probate issues.
Parties may agree to have the County Court hear cases involving amounts or annual values above the usual jurisdiction, subject to consent. However, the Court may refuse if it involves an important or complex legal question.
Legislation confers several powers and jurisdictions upon County Courts, such as granting compensation, orders for property recovery, and mandatory Court orders for preventing or requiring specific actions.Cases can be adjourned as necessary to serve the interests of justice and may be moved to another place within the same county division.
The county court holds original jurisdiction. The county court exercises general jurisdiction in civil matters, including breach of contract, civil wrongs, and restitution, where claims do not exceed [£30,000].Its general civil jurisdiction is £15,000 [£30,000], based on the claim amount or value of involved goods or chattels. A claimant may forego the excess claim and proceed within the county court’s jurisdictional limit.
Libel matters fall under limited jurisdiction with relatively low amounts.
For matters concerning recovery of probate, jurisdiction is limited to [£45,000]. Jurisdiction regarding land, land title, and recovery is limited by a net annual value of £4060 and a capital value of £40,000, satisfying either criterion.
County courts possess jurisdiction to resolve actions for land recovery regardless of value if at least six months’ arrears remain unpaid and the tenant has deserted or abandoned the land. Similar jurisdiction exists to obtain possession of land from a licensee, caretaker, or tenant at will or sufferance if the occupant refuses to vacate.
Equitable jurisdiction with a maximum value of [£45,000] allows the court to grant injunctions for property below the mentioned valuations. It covers various areas like administration of estates, possession, mortgage enforcement, specific performance, partition, Settled Land Act proceedings, trustees legislation, protection of infant’s property, and deed interpretation.
Contentious probate matters fall within the county court’s jurisdiction. A representative may be appointed to continue proceedings without obtaining a grant, subject to providing necessary security.
The Lord Chancellor, after consulting the Lord Chief Justice, holds the power to adjust county court limits.
Disputes exceeding statutory limits can be heard by county courts with the agreement of parties, but the court may refuse if it involves significant legal or factual questions best tried in the High Court. In case of consent, the county court holds equivalent jurisdiction to the High Court.
Certain legislation dictates cases to be brought in specific areas, like rules related to consumer credit licensing. Individuals can appear personally in the County Court or with legal representation from a solicitor or barrister. However, a company must be represented by a solicitor in the High Court. In the High Court, one can apply for permission to have another person act as an advocate.
If a claim surpasses jurisdiction limits, the judge may order a transfer to the relevant court. Proceedings could also be transferred to a more suitable venue. Matters from lower courts can be moved upward to the High Court.
Inappropriate proceedings in the county court may result in certification to the Masters in the High Court or orders for costs, especially if the plaintiff should have been aware of the court’s jurisdictional limits.
County courts handle appeals from magistrates’ courts and other tribunals according to statutory provisions.
In criminal cases, the court can impose higher convictions and sentences than those awarded by magistrates’ courts, possibly exceeding the lower court’s jurisdictional limit.
Circuit registrars/district judges may preside over civil cases. District judges handle claims below €5000 or chattels below €2000.
Generally, a County Court case may be initiated where the defendant resides, conducts business, or where the dispute arose. Cases can be heard even if the individual resides outside Northern Ireland but the matter originated in the area.
The County Court holds authority over various appeals from Magistrates Courts, other Courts, and tribunals, each having special procedures.
Civil proceeding appeals encompass a wide array of matters. Typically, a notice of appeal must be submitted within 28 days, accompanied by the requisite Court fee. Appeals involve a re-hearing based on the nature of the specific legislation.