CC Procedures
The County Court Rules Committee comprises three county court judges, two barristers-at-law, two solicitors, a circuit registrar, a chief clerk, and one other person. This committee makes rules, referred to as county court rules, governing the exercise of county court jurisdiction. These rules require approval from the Lord Chancellor to take effect.
County court rules dictate procedure and practice in civil proceedings within county court jurisdiction. Matters not addressed by these rules are to follow corresponding High Court rules and procedures.
County Court cases are generally commenced by Civil Bill, petition, or other types of special proceedings stipulated by statute.
Solicitors typically issue a demand before initiating proceedings, as specified by legislation. In certain cases, specific steps must be taken before legal proceedings can commence.
The solicitor’s letter should contain details of the alleged case. It can be used against the plaintiff, so it needs careful consideration. In a small number of cases, the consent of the Court is required to issue proceedings.
A Civil Bill necessitates payment of certain Court fees. Different types of Civil Bills are applicable based on the claim type. Claims must adhere to specific time limits; otherwise, the Statue of Limitations Act will apply. The Court fee depends on the claimed amount.
The Civil Bill must be served on all named individuals. Civil bills and other processes are served in prescribed manners.
The General European Judgements Regulations apply for service on persons outside the jurisdiction. It summons the defendant to appear in Court and warns of the consequences of non-appearance. The Civil Bill must outline claim particulars and state the essential alleged facts. Specific damages claimed for damages will be mentioned.
A liquidated amount is a definite specific sum that can be mathematically ascertained.
Various types of Civil Bills relate to specific claims, like property-related claims. For instance, an equitable claim must be titled “equity civil bill.” Legislation specifies different requirements for various types of Civil Bills, such as the Consumer Credit Act, interference with goods, and breach of statutory duty.
If a Civil Bill lacks full particulars, the defendant may request further details. After service, a party may request further particulars within 14 days of receiving notice of intention to defend. There are limitations on the matters a notice can or cannot require, including asking about material facts but not law or evidence. It can seek identification of alleged breaches of statutory duty but cannot demand details on how the particular matter will be proved.
Plaintiffs can seek particulars from defendants elaborating on a defence. However, they can only demand particulars of the defence in special circumstances. They cannot seek specifics on what defence the defendant will raise.
Serving a notice of intention to defend constitutes a denial of every element of the plaintiff’s claim. Rules might be amended to specify the defendant’s duty to disclose a defence beyond a complete traverse of the plaintiff’s case.
When notice of replies isn’t given, an application can be made to the Court compelling replies.
Civil Bills may be served using different methods. A process server, appointed for each County Court division, is a Court officer obligated to serve. Service is often done personally by the server, presenting the original and delivering a copy.
Generally, service involves delivering it personally to the defendant or leaving it at their residence with someone over 16 years old.
A solicitor may accept service of proceedings, negating the need for formal process serving. A Civil Bill may also be served by a process server, solicitor, or staff member over 16 by sending it through ordinary first-class post in an addressed envelope to the defendant or inserting it in a sealed envelope addressed to the defendant’s residence.
A solicitor may be authorized by the defendant to accept service, which is considered valid and effective.
Substituted service by alternative means can be applied for if standard service cannot be effected. Service on a company may be accomplished by sending it by ordinary post to its registered office. Specific rules govern service on certain types of bodies, such as governmental authorities. If proceedings are served via first-class post, they are presumed served on the seventh business day after posting.
A defendant receiving a Civil Bill has three options: serve notice of intention to defend, do nothing and face judgment in default, or pay the claimed sums. If sums are paid within 21 days of service and 50% of solicitor’s scale costs plus specified outlay are paid, the defendant isn’t liable for further costs. However, there’s no right to costs if the sum is paid before the issue of the Civil Bill. If the defendant pays the sum after service without costs, judgment may be entered on the scale for costs.
If a person pays the full costs within 21 days, there’s no further liability for costs. If it’s claimed that only part of the monies are due and this is paid, the defendant will be liable for no more costs if this was ultimately decided to be the full liability. If the defendant pays the debt and costs after 21 days, the plaintiff may accept this as sufficient.
Serving notice of intention to defend ensures no judgment in default can be obtained. However, proceedings may still be struck out if the defendant fails to comply with an Order such as discovery, further particulars, or interrogatories. In cases of unliquidated damages, the plaintiff can refrain from serving notice of intention to defend. On notice to the plaintiff and Court, they can contest the quantum of damages being assessed.
Serving a notice of intention to defend does not prevent the defendant from raising issues regarding the legality of the proceedings or jurisdiction. The notice must be served within 21 days. Late notice can be served with the plaintiff’s consent or leave of the Court. After the 21-day limit expires, the plaintiff can enter judgment in the chief clerk’s office.
A notice to the plaintiff must be given by first-class post, with the plaintiff’s address on the bill, and a copy sent to the chief clerk.
There’s generally no need to file a defence. However, in some cases, a special defence must be filed, including cases requiring particulars of certain defences. It is proper practice to give notice by an open letter.
Special defences apply in actions for trespass, counterclaim or set-off, payments into Courts as defence, and equity cases.
In equity cases, special forms raising questions of law, specifying new facts or documents relied on in defence, must be submitted. These are obligatory to be raised; however, failure to do so may impact costs.
When a defendant makes its own claim, known as a counterclaim or set-off, hey must notify the plaintiff and chief clerk in writing within 28 days of receiving notice of defence. If the defendant seeks to set up a counterclaim against the plaintiff and another person, they can request the Judge’s permission to add that person as a defendant to the counterclaim.
The Judge may grant this request and issue directions for addressing the issues at the hearing. A counterclaim is a claim against the plaintiff, and notice of the counterclaim must be given to the added party in the same manner as a civil bill.
If the defendant fails to serve a notice of intention to defend, in certain claims such as debts, damages, return of goods, or land recovery, a Court Order can be obtained through the Court offices. This application can be made anytime after the 22nd day following the deemed service.
The plaintiff submits the following documents:
- Original civil bill
- Proof of service
- Certificate stating no intention to defend has been received
- Affidavit of the debt due in a debt collection case
- Other affidavits in land cases
- Draft decree
Judgment in default cannot be granted against foreign states, the Crown in consumer credit cases, or if the civil bill was served outside Northern Ireland without permission.
If the documents are in order, the chief clerk will sign a decree for the money due, along with interest, scale costs, and statutory interest.
In the case of an undefended claim for damages, an Order may be issued to assess the damages. For claims concerning the recovery of goods or land, a final Order for possession or return of the goods can be issued. However, for claims like injunction or specific performance, judgment cannot be entered without a Court appearance.
A readiness certificate must be filed, and the action must be lodged. The action must then be scheduled for a hearing before the Circuit Court Judge. If the defendant does not appear, the County Court Judge may direct that it be heard by the District Judge. In consumer credit cases, additional procedures are required before entering judgment.
After a judgment for damages has been made for assessment, the plaintiff issues a certificate of readiness with proof, which is served on the defendant. The defendant must notify the chief clerk and other parties if they wish to be heard. The District Judge then assesses the damages.
Under certain circumstances, a judgment may be set aside by the County Court Judge or District Court if deemed appropriate. Irregularity in service, being taken by surprise, or mistakes must be proven. Evidence rebutting the service must be provided. Additionally, an affidavit must support the defence’s merits.
The defendant may have to cover wasted costs and may be directed to pay money into Court. If a judgment is irregularly obtained, the defendant may apply to have it set aside within a reasonable timeframe without conditions.
If a defendant claims that another party is obligated to indemnify or contribute towards damages, they must, within 14 days of receiving notice of intention to defend, serve notice on a third party. A third party may be joined for contribution if they are legally obliged to contribute to the liability.
Additionally, a defendant may claim against a third party when there’s a connected claim against the third party related to the liability to the plaintiff, and both matters should be heard in a single proceeding. The issues must relate to the subject matter of the plaintiff’s claim.
When a third party is joined, a Judge may issue directions to resolve the various issues between the parties. The third-party notice must be served in the same manner as the civil bill. If the third party wishes to defend, they must serve a notice of intention to defend within 21 days on the other parties and the chief clerk.