A Stop Order applies where a debtor has an interest in funds. A Stop Order prevents payment of funds. Application is made to the Court having jurisdiction over the funds. The EJO prepares a draft Stop Order. A Restraining Order can be made where the debtor has an interest in any shares in a private […]
The EJO may make an application imposing a charge on land to secure the recoverable amount of a debt. The creditor must then make an Application to sell the land to the Court. The Charging Order may be charged against any legal or equitable interest which the defendant has. The EJO gives notice to the […]
The law of evidence in Northern Ireland closely resembles that in England. Like English law, it has been updated more extensively than that applicable in the Republic of Ireland. Either party to legal proceedings can compel a witness to attend court by witness summons. Witnesses may be compelled to produce any document in their possession […]
Cross-examination aims to put forward the opponent’s case, elicit facts favorable to the other side, and undermine credibility. The defense’s case should be put to the other side’s witnesses to provide them with the opportunity to deny it. If this isn’t done, it may be excluded or the witness may be recalled. The purpose is […]
The general hearsay rule at common law states that a person can only give evidence of matters they saw or observed personally. A statement made by another person outside of Court is generally not admissible as evidence of its content’s truth. However, such statements can often be relevant for other reasons. In many instances, statements […]
Superior Courts in Northern Ireland The Supreme Courts of Judicature of Northern Ireland consist of the High Court, Court of Appeal, and Crown Court. The High Court consists of the Lord Chief Justice of Northern Ireland and 10 puisne judges who are termed Judges of the High Court. The maximum number of judges varies from […]
The High Court is a superior court of record having jurisdiction in all matters on which it historically has jurisdiction and all matters conferred by statute. The Lord Chief Justice may assign business of various divisions to particular judges. Superior court judges have powers of judicial review. Leave is required to take a judicial review […]
The Court of Appeal is to exercise all jurisdiction previously exercised by Courts of Appeal, jurisdiction capable of being exercised by the Court of Criminal Appeal, and such other jurisdiction as may be conferred by legislation. Generally, the Court of Appeal has jurisdiction to hear and determine appeals in the High Court or a judge […]
The Crown Court is the superior court in which all proceedings on indictment are brought. It includes proceedings on indictment for offenses that are recognizable under the law of Northern Ireland. The court replaces all courts of assize, commissions, special or otherwise. Proceedings in the Crown Court shall be heard and disposed of before a […]
County courts have the authority to issue orders for pre-action discovery. These orders may allow inspection, photography, preservation, custody, and detention of property that may become subject to subsequent court proceedings or raise questions in such proceedings. In cases related to personal injuries or death, the court, under specified rules, can order parties likely to […]