Every person between the ages of 18 and 70 who is registered as an elector is qualified and liable for Jury Service. Certain categories mentioned below are disqualified, while others are ineligible for Jury Service. A person on bail with an offence is not qualified for Jury Service. A person who knowingly serves on a […]
If the plaintiff does not set down the case after close of pleadings, the defendant may do so. In setting down the case, the completeness of discovery should be verified. If specific discovery is required, it should be sought prior to setting down. Within three to four months of setting down, the case will appear […]
There may be interlocutory pre-trial applications in the High Court as with other courts. Most applications are on notice. An ex-parte application is made by one party by lodging an ex-parte docket with an affidavit. It may be, and they would be dealt with without hearing. Applications are listed before the master for hearing. They […]
Proceedings in the High Court may be commenced by writ of summons, original summons, originating motion or petition as set out by the Rules of the Supreme Court 1980 as amended. A writ of summons applies to most civil claims which involve a full hearing. Certain statutes provide for proceedings by way of an originating […]
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 […]
Procedural Rules Encourage ADR The Civil Procedure Rules encourage so called “Alternative Dispute Resolution”. Alternative Dispute Resolution (ADR) refers to a number of alternative procedures to going to Court. The Civil Procedure Rules actively encourage ADR, if the Court considers this is appropriate. The settlement of disputes by ADR can help to save costs, preserve […]
General Most disputes between parties are not resolved by a Court judgement. Instead the parties reach a settlement in the light of what is likely to occur in view of the facts as they appear, the law and the entire circumstances. Settlements will sometimes come after direct negotiation or sometimes following the use of so […]