CC Hearing
County Court proceedings take place in Open Court. The Judge may conduct certain proceedings in private or just conduct them in a way detrimental to the public interest or where it is more convenient, in chambers. Certain types of cases may almost be heard in private, such as family law matters and other sensitive proceedings.
A Judge may refer matters to arbitration pending proceedings, with the consent of parties, on such terms as he sees fit. References may be made to the land tribunals in connection with issues affecting impediments to land, to the industrial tribunal for unemployment equality issues, or to an issue in relation to the competence of the Northern Ireland Assembly to the Court of Appeal.
A Judge may refer matters to officers of courts requiring any examination after prolonged examination of documents, scientific or local examinations, or proceedings requiring accounts, with the consent of the parties. He may refer reserved matters of liability after deciding reserved matters of liability or refer matters of account to the District Judge or other officers.
The Plaintiff opens his case to the Judge, indicating all legal and factual issues in dispute and agreed-upon issues. He should not open any fact that he is not able to prove by evidence or as outside the claim without making an amendment.
He may not call evidence to prove a case inconsistent with that made in the opening. The Plaintiff then calls his witnesses, produces proofs, documents, and evidence to prove his case on all aspects of this case. He announces the Plaintiff’s case is closed and resumes his seat.
The Defendant then announces whether he is giving evidence. He may seek a direction that there is no case to answer on the fact. Otherwise, the Defendant may elect to call evidence or rely on parts of the evidence of the Plaintiff that support his case. The Judge may allow the Plaintiff to call evidence or rebuttal in certain circumstances.
Plaintiff’s counsel must base the submissions on overall versions of the facts that are not self-contradictory. Defense counsel can put forth inconsistent offenses.
Closing speeches are short in the County Court, and there may be no closing speech at all.
The Judge may sum up the case briefly and make a decision. The County Court Judge decides matters of facts and evidence, facts and law, or a decree or dismissal is given by the Judge in accordance with his decision. This is the judgment or order, a court order.
A Plaintiff may win on certain points and lose on others, and the Defendant is entitled to judgment on the points in which they win. The Judge need not give reasons for his decision but may be obliged to do so in cases where his findings of fact are final.
Orders by a district judge hold equivalent weight to those by a county court judge. The district judge often serves as the circuit registrar.
In cases arbitrated by law, an award by the district judge becomes a decree. An appeal on a legal question can be made to a non-deputy judge. The district judge may state a case for the court of appeal if required. The district judge’s decision is final, and there are no costs awarded.
With the parties’ consent, the judge may refer civil proceedings to arbitration, and the arbitrator, deemed an officer of the court, conducts the reference as prescribed. The resulting award, unless set aside by the judge, holds the effect of a decree. The arbitrator’s remuneration is determined by the judge, considering any agreement between the parties, and becomes part of the proceedings’ costs.
Once liability questions are determined, the judge can refer any disputed accounting matters between the parties to the circuit registrar or court officer. Following this determination, the judge may deliver a judgment based on the report of the circuit registrar or officer.
Upon a party’s application, the judge can appoint skilled and experienced assessors relevant to the proceedings. Assessors’ remuneration, unless otherwise ordered by the judge, shall follow prescribed rates and become part of the proceeding costs.
County court judges possess powers akin to High Court judges in granting relief, redress, or remedies and addressing defenses or counterclaims.
Judges, whether within or outside their division, may issue ex parte orders in pending proceedings, similar to High Court judges’ chamber orders.
Under statutory provisions, county courts exercise powers similar to the High Court. Circuit registrars or their deputies, subject to county court rules, perform functions comparable to High Court officers.
If a party does not appear, the Judge may, upon proof of service and facts entitling the Plaintiff to release, make a decree in such order as he believes just. The Plaintiff may need to prove his case by all evidence in the normal way. Where the Plaintiff does not appear, the legal action may be struck out or dismissed without prejudice to the Plaintiff proceeding again.
The Court may award damages for loss in accordance with general principles of damages. These are broadly similar to those applicable in the Republic of Ireland. The Green Book sums specific rules and actuarial tables are admissible. A court may make provision for periodical payments in a personal injury action.
Contributory negligence may be available against the claim for breach of duty. The Judge should record the amount of damages within just and equitable reductions for contributory fault. Interest may be awarded in the decree. It may arise on the late payment of the Commercial Debts Act or under the terms of the contract.
A County Court decree is equivalent to a High Court Judgment. The party in whose favor it is made prepares the appropriate form for signing and sealing. Generally, an order decree is generally final say in the case of an appeal. There are other circumstances in which proceedings may be set aside, including, for example, when fraud is involved or where the matter inherently relates to something that changes from time-to-time.
A decree may make an order for reference to a District Judge or other court to take counsel enquiries or such other matter. See above. Directions may be made for execution of a deed, sale of land, appointment of a receiver.
Parties involved in proceedings, along with barristers or solicitors representing them, have the right of audience in court. In special circumstances, other individuals, including solicitors, may appear on behalf of a party with the court’s leave. County courts possess similar authority as the High Court regarding solicitor’s undertakings.
Failure to comply with a summons as a witness or to produce documents without cause is contempt of court. The court can impose fines or penalties for such contempt.
Contempt of court also applies to disrespectful behavior or disruptions during proceedings. Penalties for such contempt include fines or imprisonment for a specified period.
County courts have similar enforcement powers as the High Court regarding judgments. Regarding debt or damages recovery cases, subject to county court rules, interest may be included in judgments for the period between the cause of action and the payment date.
A dissatisfied party may appeal a county court decree to the High Court, with limited exceptions where the county court decision is deemed final by statute.
Except where the statute declares the county court decision final, a party unhappy with a county court judge’s legal decision may request the judge to state a case for the Court of Appeal’s opinion on a point of law. There are specific procedures for making this request within 21 days. If the county court judge refuses or fails to state a case, the applicant can directly approach a judge of the Court of Appeal for an order.
The above provision does not apply to decisions made by the county court in exercising arbitration functions.
A party dissatisfied with a judge may appeal to the Court of Appeal on limited grounds, including points of law, serious irregularities, lack of substantive jurisdiction, and specific provisions related to appeals from magistrates’ courts.
During an appeal, the appellate court can adjourn hearings, make inferences on facts, issue judgments or orders made by the county court, or remit proceedings for rehearing by the county court.
In cases stated for appeal, the appellate court may amend the case, remit it with declarations or directions, and determine costs for the appeal as deemed appropriate.