66 Certain affidavits taken abroad admissible without proof of seal etc.
A document purporting to have affixed or impressed on it or subscribed to it the seal or signature of a court, judge, notary public or person having authority to administer oaths in England and Wales, Scotland, the Republic of Ireland or any part of the Commonwealth in testimony of an affidavit being taken before it or him in such place shall be admitted in evidence without proof of the seal or signature being the seal or signature of that court, judge, notary public or person.
67 Subpoenas in other parts of the United Kingdom.
(1) In connection with any cause or matter in or pending before the High Court, the Court of Appeal or any inferior court or tribunal in aid of which the High Court may act, a judge of the High Court, or (in the case of a cause or matter in or pending before the Court of Appeal) of the Court of Appeal, may, if satisfied that it is proper to compel—
(a) the personal attendance at any proceedings of any witness not within the jurisdiction of the court; or
(b) the production by any such witness of any document or exhibit at any proceedings,
order that a writ of subpoena ad testificandum or writ of subpoena duces tecum shall issue in special form commanding the witness, wherever he shall be within the United Kingdom, to attend the proceedings, and the service of any such writ in any part of the United Kingdom shall be as valid and effectual to all intents and purposes as if it had been served within the jurisdiction of the court.
(2) A writ of subpoena ad testificandum or duces tecum may be issued under this section for the purpose of enforcing any order made by the High Court requiring any person to give evidence respecting any paper or writing being or purporting to be testamentary or to lodge in the Probate and Matrimonial Office any such paper or writing which may be shown to be in his possession or under his control.
(3) References in subsection (1) to proceedings include references to proceedings before an officer of a court or tribunal, an examiner or commissioner appointed by the court (including an examiner or commissioner appointed to take evidence outside the jurisdiction of the court) or an official or special referee or arbitrator.
(4) Every writ issued under this section shall have at its foot a statement to the effect that it is issued by the special order of a judge, and no such writ shall issue without such a special order.
(5) If any person served with a writ issued under this section does not appear as required by the writ, the High Court, on proof to the satisfaction of the court of the service of the writ and of the default, may transmit a certificate of the default under the seal of the court or under the hand of a judge of the court, if the service was in Scotland to the Court of Session in Edinburgh, and if the service was in England or Wales to the High Court of Justice in London, and the court to which the certificate is so sent shall thereupon proceed against and punish the person so having made the default in like manner as if that person had neglected or refused to appear in obedience to process issued out of that court.
(6) No court shall in any case proceed against or punish any person for having made such default as aforesaid unless it is shown to the court that a reasonable and sufficient sum of money to defray the expenses of coming and attending to give evidence and of returning from giving evidence was tendered to that person at the time when the writ was served upon him.
(7) Nothing in this section shall alter or affect—
(a) the power of the High Court to issue a commission for the examination of witnesses out of the jurisdiction of the court in any case in which, notwithstanding this section, the court thinks fit to issue such a commission; or
(b) the admissibility of any evidence at any trial where such evidence was heretofore by law receivable on the ground of any witness being beyond the jurisdiction of the court, and the admissibility of any such evidence shall be determined as if this section and any statutory provision reproduced by this section had not passed.
(1) There shall be established the departments of the Court of Judicature specified in the first column of Schedule 2.
(2) The business to be assigned to each department shall—
(a) be prescribed by rules of court; and
(b) subject to any directions given by the Lord Chief Justice under subsection (4), be transacted under the supervision of the officer specified in relation to that department in the second column of Schedule 2.
(3) The Lord Chancellor may by order made after consultation with the Lord Chief Justice establish at such place as may be specified in the order a branch office of the Probate and Matrimonial Office which—
(a) may transact such of the business of that Office as may be so specified; and
(b) shall, subject to subsection (4), be under the supervision of a circuit registrar.
(4) The officer supervising a department shall discharge his functions in accordance with directions given by the Lord Chief Justice.
(5) The Lord Chancellor may by order made after consultation with the Lord Chief Justice at any time modify Schedule 2 by—
(a) removing any department and any entry relating thereto from that Schedule;
(b) adding any department and any entry relating thereto to that Schedule;
(c) amending the name of any department or amending any entry relating to any department in that Schedule.
(6) An order under subsection (5) may make provision for any incidental, consequential, transitional or supplementary matters for which it appears to the Lord Chancellor to be necessary or expedient for the purpose of the order to provide, and may amend or repeal any statutory provision (including any provision of this Act) so far as may be necessary or expedient in consequence of the order.
(7) The Lord Chief Justice may nominate any of the following to exercise his functions under this section—
(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
(b) a Lord Justice of Appeal (as defined in section 88 of that Act).
(1) The Lord Chancellor is under a duty to ensure that there is an efficient and effective system to support the carrying on of the business of—
(a) the Court of Judicature,
(b) county courts,
(c) magistrates' courts, and
(d) coroners' courts,
and that appropriate services are provided for those courts.
(2) The Lord Chancellor must, within 18 months of the coming into force of this section, and afterwards annually, prepare and lay before the Northern Ireland Assembly a report as to the way in which he has discharged his duty under subsection (1).
(3) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (2) in relation to the laying of a report as it applies in relation to the laying of a statutory document under an enactment.
69 General Functions of the Department of Justice in relation to Courts and Judgments
(1) The functions of the Department of Justice include—
(a) facilitating the conduct of the business of the following courts, namely—
(i) the Court of Judicature;
(ii) county courts;
(iii) magistrates’ courts; and
(iv) coroners’ courts;
(b) giving effect to judgments to which the Judgments Enforcement (Northern Ireland) Order 1981 applies; and
(c) discharging such other functions in relation to the courts mentioned in paragraph (a) or the enforcement of the judgments mentioned in paragraph (b) as are conferred on, or transferred to, it or any civil servants in the Department of Justice by or under this Act or any other statutory provision.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) The functions exercisable ... under subsection (1) shall include the functions heretofore exercisable by—
(a) the officers and other persons employed in the Court of Judicature;
(b) the persons employed in the county court service by virtue of section 108 of the County Courts Act (Northern Ireland) 1959 or any other officer of a county court;
(c) clerks of petty sessions and persons employed in the offices of clerks of petty sessions;
(d) the Enforcement of Judgments Office; and
(e) the officers of coroners’ courts,
other than those functions which by or under this Act become the functions of statutory officers.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
70 Appointment and qualification of statutory officers.
(1) Appointments to the offices listed in column 1 of Schedule 3 shall be made by the Northern Ireland Judicial Appointments Commission after consultation with the Lord Chief Justice; and persons holding such offices are in this Act referred to as “ statutory officers ”.
(1A) The Lord Chief Justice must be consulted before a determination (or a revision of a determination) is made under Part 3 of Schedule 3 to the Justice (Northern Ireland) Act 2002 in relation to statutory officers.
(1B) The terms and conditions of service for statutory officers are to be determined by the Lord Chancellor with the concurrence of the Treasury.
(1C) Any salary or other amounts payable under subsection (1B) shall be paid by the Department of Justice.
(2) Subject to subsection (3), a person shall not be qualified for appointment to any of the offices listed in column 1 of Schedule 3 unless he is—
(a) a barrister or solicitor . . . who has at least the number of years’ standing specified in relation to that office in column 3 of that Schedule; or
(b) the holder of any other office so listed.
(3) In exceptional circumstances, where it appears to the Commission that a suitable appointment cannot be made in accordance with the provisions of subsection (2) and Schedule 3, it may, notwithstanding those provisions, after consultation with the Lord Chief Justice, appoint any barrister, solicitor or other person whom it considers to be suitable for appointment having regard to his knowledge and experience.
(4) Without prejudice to section 68, the functions of the holder of each office listed in column 1 of Schedule 3 shall include the functions specified in relation to that office in column 4 of that Schedule (being functions heretofore exercised by the holder of the office or offices so specified) and accordingly—
(a) for a reference in any statutory provision relating to those functions to any office listed in column 4 of Schedule 3 or to the holder of any such office there shall be substituted a reference to the appropriate corresponding office listed in column 1 of that Schedule or to the holder of that office, as the case may be; and
(b) the offices specified in column 4 of Schedule 3 are hereby abolished.
(5) The Department of Justice may by order made after consultation with the Lord Chief Justice at any time modify Schedule 3 by:—
(a) removing any office and any entry relating thereto from that Schedule;
(b) adding any office and any entry relating thereto to that Schedule;
(c) amending the title of any office or amending any entry relating to any office in that Schedule.
(6) An order under subsection (5) may make provision for any incidental, consequential, transitional or supplementary matters for which it appears to the Department of Justice to be necessary or expedient for the purpose of the order to provide and may amend or repeal any statutory provision (including any provision of this Act) so far as may be necessary or expedient in consequence of the order.
(1) A statutory officer shall be deemed for the purposes of section 1 of the Superannuation Act 1972 to be employed in the civil service of the state and, subject to the following provisions of this section, the principal civil service pension scheme within the meaning of section 2 of that Act shall apply to him accordingly.
(2) In its application to a statutory officer in respect of his service as such the principal civil service pension scheme shall have effect subject to the modifications set out in Schedule 4.
(3) Subsection (2) shall not apply to a statutory officer appointed by virtue of section 70(3) unless the Lord Chancellor, with the concurrence of the Minister for the Civil Service, so directs.
(4) This section does not apply to a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.
(1) . . . A statutory officer shall not either directly or indirectly practise as a barrister or solicitor or as an agent for a solicitor.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) In order to facilitate the disposal of business, the Northern Ireland Judicial Appointments Commission may, after consultation with the Lord Chief Justice, appoint a suitably qualified person—
(a) to act as a deputy for any statutory officer, or
(b) to act as a temporary additional statutory officer,
during such period or on such occasions as the Commission determines with the agreement of the Department of Justice .
(1A) The Department of Justice must consult the Lord Chief Justice before giving its agreement to a period or occasion under subsection (1).
(1B) The Lord Chief Justice must be consulted before a determination (or a revision of a determination) is made under Part 3 of Schedule 3 to the Justice (Northern Ireland) Act 2002 in relation to deputies for statutory officers or temporary additional statutory officers.
(2) A person acting in an office by virtue of an appointment under subsection (1) shall have all the powers of a person permanently appointed to that office.
(3) Where anything is for the time being authorised or required by this Act or any other statutory provision to be done to or by a particular statutory officer and—
(a) that statutory officer is not available because of absence or other reason and no person may, by virtue of subsections (1) and (2), exercise his powers; or
(b) his office is vacant,
then it may, unless the Lord Chief Justice otherwise directs, be done during such unavailability or vacancy to or by any other statutory officer.
(4) Where for any purpose it is necessary for a judge of the High Court or the Court of Appeal to sit outside Belfast, he may, with the approval of the Lord Chief Justice, appoint a judge’s registrar.
(5) The Department of Justice shall pay to any person appointed under this section such remuneration and allowances as the Lord Chancellor may, with the consent of the Minister for the Civil Service, determine.
(1) The Lord Chancellor, after consultation with the Lord Chief Justice, may appoint as Official Solicitor to the Court of Judicature a person who is—
(a) a solicitor of the Court of Judicature of at least 7 years' standing, or
(b) a member of the Bar of Northern Ireland of at least 7 years' standing.
(2) The Official Solicitor shall have such powers and perform such duties as may be prescribed and as may be conferred or imposed on him—
(a) by or under this or any other Act; or
(b) by or in accordance with any direction given by the Lord Chief Justice.
(2A) The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (2)(b)—
(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
(b) a Lord Justice of Appeal (as defined in section 88 of that Act).
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) The court may, in accordance with rules of court, order the costs of the Official Solicitor in respect of any business done by him to be paid out of any fund the subject of the proceedings or by any party to the proceedings and such costs shall be ascertained on taxation or measured.
(5) Where any powers or duties have been or are hereafter conferred on the Official Solicitor then, unless and until the court or a judge otherwise directs in any particular case, those powers may be exercised and those duties shall be performed by the holder of the office for the time being, and no further order or appointment shall be necessary by reason only that the person on whom the powers and duties were conferred or imposed has died or ceased to hold office.
(6) The Official Solicitor shall hold and vacate office in accordance with the terms of his appointment (which may include provision about retirement, dismissal or resignation).
(7) The Lord Chancellor may pay to the Official Solicitor such remuneration and allowances as the Lord Chancellor may determine with the consent of the Treasury.
(8) Service as the Official Solicitor is employment in the civil service of Northern Ireland for the purposes of Article 3 of the Superannuation (Northern Ireland) Order 1972.
(9) While the office of Official Solicitor is vacant or the Official Solicitor is unable or unwilling to act, the Lord Chancellor may, after consultation with the Lord Chief Justice, appoint a person as temporary Official Solicitor; and the temporary Official Solicitor—
(a) may be appointed only if qualified for appointment as Official Solicitor,
(b) shall have all the powers and duties of the Official Solicitor, and
(c) may be paid remuneration and allowances by the Lord Chancellor with the consent of the Treasury.
Any property whatsoever held in his official capacity by any of the following, that is to say—
(a) a statutory officer;
(b) the Accountant General of the Court of Judicature;
(c) the Official Solicitor;
(d) any person designated as a chief clerk under Article 2(2) of the County Courts (Northern Ireland) Order 1980 or appointed as a clerk of petty sessions under Article 2(4) of the Magistrates’ Courts (Northern Ireland) Order 1981;
(e) any person appointed by the High Court to hold the property for the purposes of or in connection with any proceedings,
shall, on his dying, becoming bankrupt, ceasing to hold office or ceasing to act for the purposes of or in connection with any such proceedings, vest in the person appointed to succeed him without any conveyance, assignment or transfer.
(1) Such person as the Lord Chancellor may designate shall be the Accountant General of the Court of Judicature.
(2) There shall be maintained in or near the Royal Courts of Justice an office for the business of the Accountant General under this Part.
(1) The Accountant General shall—
(a) keep proper accounts (including such accounts as may be necessary for carrying into effect orders of the High Court and the county court and for the purposes of this Part and Part VI of the Administration of Justice Act 1982) and proper records in relation to the accounts;
(b) prepare in respect of each accounting period a statement of accounts in such form as the Department of Finance and Personnel may direct.
(2) The Accountant General shall, on or before 30th November in any year, send to the Comptroller and Auditor General for Northern Ireland the statement of accounts prepared by him under subsection (1) for the accounting period last ended.
(3) The Comptroller and Auditor General for Northern Ireland shall examine, certify and report on the statement of accounts sent to him under subsection (2) and shall lay copies of the statement of accounts and of his report thereon before the Northern Ireland Assembly.
(4) In this section “accounting period” means the period of 12 months ending on 31st March in any year except that the first accounting period shall, if the Treasury so directs, be such period shorter or longer than 12 months (but not longer than two years) as is specified in the direction.
(5) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (3) in relation to the laying of a copy of a statement of accounts or report as it applies in relation to the laying of a statutory document under an enactment.
(1) The Accountant General shall maintain an account at the Bank of Ireland or at such other bank or banks as the Lord Chancellor may, with the concurrence of the Treasury, designate and shall pay all sums received by him into that account and all sums payable by him out of it.
(2) References to the Bank of Ireland in any statutory provision relating to sums in the Court of Judicature or the county court shall, when a designation is made under subsection (1), be construed, in connection with the sums to which that provision relates, as references to a bank so designated.
(1) The payment of money into the Court of Judicature or the county court shall be effected by paying into an Accountant General’s account maintained under section 79.
(2) The transfer into the Court of Judicature or the county court of securities (other than such as are transferable by delivery) shall be effected by transferring them to the Accountant General.
(3) The deposit in the Court of Judicature or the county court of effects and the transfer into court of securities transferable by delivery shall be effected by delivering them to the Accountant General.
(1) Save in a case in which it is provided by an order of the court that it shall not be placed or invested as mentioned in the following provisions of this section, and subject to any provision to the contrary made by rules made under the next following section, a sum of money in the Court of Judicature or in the county court—
(a) may, if the High Court or the county court (as the case may be) so orders, be dealt with in such of the following ways as may be specified in the order, namely:—
(i) it may be placed, in accordance with rules so made, to a deposit account or a short-term investment account (that is to say, to an account of one or other of two kinds such that, in the case of an account of either kind, there will, under rules so made, but subject to any exceptions thereby prescribed, fall to accrue on moneys placed thereto interest derived from the transfer to, and investment by, the National Debt Commissioners of the moneys placed to all the accounts of those kinds);
(ii) it may be placed to a long-term investment account for transfer, under rules so made, to such one of the funds established by schemes made under section 42 of the Administration of Justice Act 1982 as may be so specified;
(iii) it may be invested by the Accountant General in such of the securities designated for the purposes of this paragraph by rules made under section 55 of this Act or Article 47 of the County Courts (Northern Ireland) Order 1980 as may be so specified;
(iv) it may be invested by the Accountant General in accordance with directions given by an advisory committee appointed by the Lord Chancellor in accordance with rules made under the next following section;
(b) shall, if no order is made with respect to it under the foregoing paragraph, be dealt with as follows—
(i) except in a case in which it was paid in under section 63 of the Trustee Act (Northern Ireland) 1958, it shall be placed, in accordance with rules made under the next following section, to a deposit account;
(ii) in the said excepted case, it shall be invested by the Accountant General in such manner as may be prescribed by rules so made.
(2) If the High Court or (as the case may be) the county court so orders, the power of the Accountant General under subsection (1)(a)(iii) or (iv) to invest a sum of money in the Court of Judicature or the county court in securities includes the power to pay out of that sum any fees or expenses which are—
(a) incurred in connection with, or for the purposes of, investing that sum; and
(b) of an amount or at a rate approved by the High Court or (as the case may be) the county court.
(3) A court shall not make an order under subsection (2) unless the court considers it necessary and proportionate in all the circumstances to do so.
(4) The High Court or (as the case may be) the county court may, on an application made to it, order that all or part of any sum paid by way of fees or expenses under subsection (2) be refunded where it appears to the court to be in the interests of justice to do so.
(1) The Lord Chancellor, with the concurrence of the Treasury, may give directions in relation to the payment of interest on funds in court and may make rules regulating, subject to the provisions of section 80, the deposit, payment, delivery and transfer in, into and out of the Court of Judicature and the county court of money, securities and effects which belong to suitors or are otherwise capable of being deposited in, or paid or transferred into, the XXX or the county court or are under the custody of the Court of Judicature or the county court, and regulating the evidence of such deposit, payment, delivery or transfer and, subject to the provisions of section 81, the manner in which money, securities and effects in court are to be dealt with, and in particular—
(a) providing (subject to any exceptions prescribed by the rules) for the accruer of interest on moneys placed to deposit accounts and short-term investment accounts ...;
(b) requiring the Accountant General—
(i) to transfer to the National Debt Commissioners all money paid into the Court of Judicature or the county court which is not required by him for meeting current demands, except money placed to a long-term investment account or ordered to be invested in securities;
(ii) to transfer money placed to a long-term investment account to that one of the funds established by schemes made under section 42 of the Administration of Justice Act 1982 specified in the order pursuant to which it was so placed;
(c) prescribing for the purposes of section 81(b)(ii) 81(1)(b)(ii) the manner of investment of money by the Accountant General and regulating the investment, pursuant to an order under that section, of money in securities;
(d) regulating the crediting of interest accruing on moneys placed to deposit accounts and on moneys placed to short-term investment accounts and the crediting of dividends accruing on shares in funds established by schemes made under section 42 of the Administration of Justice Act 1982 which have been allotted in consideration of the transfer of money in compliance with such provision of the rules as has effect by virtue of paragraph (b)(ii) and of interest or dividends accruing on securities in which money has been invested by the Accountant General pursuant to an order of the High Court or county court or to section 81(b)(ii) 81(1)(b)(ii) and on other securities in court;
(e) providing—
(i) that, in such cases as may be prescribed by the rules, no sum of money (whatever its amount) shall be placed to a deposit account or a short-or long-term investment account or be invested in securities;
(ii) that, in no case, shall a sum of money of an amount less than such as may be so prescribed be placed to, or remain in, a deposit account, be placed to a short-or long-term investment account or be invested in securities;
(f) prescribing the time at which money which falls to be placed to a deposit account or short-term investment account is to be so placed and the times at which interest on money so placed is to begin and cease to accrue and the mode of computing any such interest;
(g) providing that, in such circumstances as may be prescribed by the rules, interest and dividends such as are mentioned in paragraph (d) shall be placed to deposit accounts or short-or long-term investment accounts;
(h) providing for dealing with accounts or effects which, subject to such, if any, exceptions as may be prescribed by the rules, have not been dealt with for such period (not being less than fifteen years) as may be so prescribed;
(i) prescribing the manner in which money is to be furnished to the Accountant General by the National Debt Commissioners and the investment manager of a common investment scheme made under section 42 of the Administration of Justice Act 1982 respectively for the purpose of enabling him to comply with orders of the High Court and county court as to the payment of money out of court;
(j) providing for the discharge of the functions of the Accountant General under the rules by deputy;
(k) providing for the constitution and procedure of the advisory committee referred to in section 81(a)(iv) 81(1)(a)(iv) and for the remuneration of its members;
(l) providing for such matters as are incidental to, or consequential on, the foregoing provisions of this subsection or are necessary for giving effect to those provisions.
(2) Rules under subsection (1) may make different provision in relation to the Court of Judicature and the county court.
(1) Section 80(1) shall apply to a statutory deposit as it applies to the payment of money into the Court of Judicature; and section 80(2) and (3) shall apply to the deposit with the Accountant General of securities in lieu of money in exercise of a right to make such a deposit conferred by section 29 of the Tramways (Ireland) Act 1860 or by rules made by virtue of subsection (2).
(2) Sections 81 and 82 shall apply to a statutory deposit and to securities which are in the hands of the Accountant General in consequence of a person’s having availed himself of such a right as is mentioned in subsection (1) and rules made under section 82 may include separate provisions with respect to such deposits and securities and, in particular, may authorise the deposit, under the statutory provisions mentioned in subsection (3), of securities in lieu of money.
(3) In this section and sections 83 and 85 “statutory deposit” means money deposited with the Accountant General under or by virtue of—
(a) section 29 of the Tramways (Ireland) Act 1860;
(b) Article 7 of the Industrial Assurance (Northern Ireland) Order 1979;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) Article 90(2)(b) or 93(1)(a) of the Road Traffic (Northern Ireland) Order 1981,
or any statutory provision which was re-enacted by any of those provisions.
Where any civil servant in the Department of Justice has been guilty of any default with respect to any money, securities or effects in the Court of Judicature or the county court or any statutory deposit or with respect to any such securities as are mentioned in section 84(2), such sum as is necessary for making good the default shall be paid by the Lord Chancellor or, if and so far as it is not so paid, shall be charged on and issued out of the Consolidated Fund of Northern Ireland.
86 Concurrent administration of law and equity to continue.
(1) Every court exercising jurisdiction in Northern Ireland in a civil cause or matter shall continue to administer law and equity upon the basis that, wherever there is any conflict or variance between the rules of equity and the rules of the common law with reference to the same matter, the rules of equity shall prevail.
(2) Every such court shall give the same effect as heretofore:—
(a) to all equitable estates, titles, rights, remedies, reliefs, counterclaims and defences and to all equitable duties and liabilities; and
(b) subject thereto, to all legal claims and demands and all estates, titles, rights, duties, obligations and liabilities existing by common law or by any custom or created by any statute,
and shall ensure that, as far as possible and subject to any statutory provision (including subsection (3)) to the contrary, all matters in dispute in a cause or matter before it may be completely and finally determined without further proceedings in respect thereof.
(3) Without prejudice to any other powers exercisable by it, a court, acting on equitable grounds, may stay any proceedings or the execution of any of its process subject to such conditions as it thinks fit.
(4) Nothing in this Act shall authorise a cause or proceeding pending in the High Court or the Court of Appeal to be stayed by prohibition or injunction.
(1) Subject to subsections (2) and (3), any absolute assignment by writing under the hand of the assignor, not purporting to be by way of charge only, of any debt or other legal chose in action, of which express notice in writing is given to the debtor, trustee or other person from whom the assignor would have been entitled to receive or claim the debt or chose in action, shall be effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer, as from the date of the notice,—
(a) the legal right to, and all legal and other remedies respecting, the debt or chose in action together with,
(b) the power to give, without the concurrence of the assignor, a good discharge for the debt or chose in action.
(2) If the debtor, trustee or other person liable in respect of the debt or chose in action has had notice that the assignment is disputed by the assignor or anyone claiming under him, or of any other opposing or conflicting claims to the debt or chose in action, he shall be entitled, if he thinks fit, to call upon the several persons concerned to pursue their claims by interpleading, or he may, if he thinks fit, make an appropriate payment into court under the relevant provisions of the Trustee Acts (Northern Ireland) 1958 and 1962.
(3) This section does not affect the provisions of the Policies of Assurance Act 1867.
88 Certain stipulations not to be of the essence of contracts.
Stipulations in a contract as to time or otherwise which according to rules of equity are not to be deemed to be or to have become of the essence of the contract are also construed and have effect at law in accordance with the same rules.
An estate for life without impeachment of waste shall not confer or be deemed to have conferred upon the tenant for life any right to commit waste of the description known as equitable waste, unless an intention to confer that right expressly appears by the instrument creating the estate.
91 Orders for sale, mandatory or other injunctions and receivers.
(1) The High Court and, in matters within its jurisdiction, the county court may at any stage of any proceedings—
(a) order a sale of any property;
(b) grant a mandatory or other injunction; or
(c) appoint a receiver,
in any case where it appears to the court to be just and convenient to do so for the purposes of any proceedings before it and, if the case is one of urgency, the court may grant such an injunction before the commencement of the proceedings.
(2) Any order, injunction or appointment under subsection (1) may be made either unconditionally or on such terms and conditions as the court thinks just (including, where an injunction is granted before the commencement of the proceedings, a condition requiring proceedings to be commenced).
(3) If, whether before or at or after the hearing of any cause or matter, an application is made for an injunction to prevent any threatened or apprehended waste or trespass, the injunction may be granted, if the court thinks fit, whether the person against whom the injunction is sought is or is not in possession under any claim or title or otherwise, or (if out of possession) does or does not claim a right to do the act sought to be restrained under colour of any title, and whether the estates claimed by both or by either of the parties are legal or equitable.
(4) The power of the High Court and, in matters within its jurisdiction, the county court, to grant an interlocutory injunction restraining a party to any proceedings from removing from the jurisdiction, or otherwise dealing with, assets located within the jurisdiction shall be exercisable in cases where that party is, as well as in cases where he is not, domiciled, resident or present within the jurisdiction.
92 Damages in lieu of or in addition to injunction or specific performance.
Where a court has jurisdiction to entertain an application for an injunction or specific performance it may award damages in addition to or in substitution for such injunction or specific performance.
(1) Unless an express declaration contained in the mortgage provides otherwise a mortgagor entitled for the time being to the possession or receipt of the rents and profits of any land as to which no notice of intention to take possession or to enter into the receipt of such rents and profits has been given by the mortgagee may—
(a) sign and cause to be served notices to quit;
(b) determine tenancies or accept surrenders thereof;
(c) sue for such possession or for the recovery of such rents or profits or to prevent or recover damages in respect of any trespass or other wrong relative thereto in his own name, only, unless the cause of action arises upon a lease or other contract made by him jointly with any other person.
(2) An action, suit or proceeding brought by virtue of subsection (1) shall not be defeated by proof that the legal estate in the land the possession of which is sought to be recovered, or in respect of which the rents or profits are sought to be recovered, or in respect of which the trespass or other wrong has been committed, is vested in a mortgagee.
(1) Where the defendant, or any other person having a specific interest in the lease or tenancy agreement, after a judgment or decree of any court for possession in favour of the landlord in any action of ejectment for non-payment of rent (including an action for forfeiture for non-payment of rent)—
(a) pays the rent and arrears thereof, with full costs, or lodges the same in court; and
(b) makes an application at the earliest opportunity at which he can reasonably do so after the enforcement of the order for delivery of possession of land (of which application the landlord shall receive due notice) to be restored to possession;
the court may on such application award or refuse an order for restoration of possession of the land and give such equitable relief as it thinks fit.
(2) Unless and until application is made under subsection (1) the landlord shall hold the demised premises freed and discharged from the lease or tenancy agreement, subject, however, to any appeal from the original decree or judgment for possession in his favour.
(3) This section applies to a grant at a fee farm rent or securing a rent by condition and, for the purposes of such application, references to the lease, to the landlord and to the demised premises shall be construed, respectively, as references to the grant, to the grantor and to the premises granted.
(4) For the purposes of this section—
(a) references to a lease or grant include references to a sub-lease or sub-grant respectively, and
(b) references to the landlord or grantor include references to any person to whom the estate or interest of the landlord or grantor has passed.
(5) This section shall not operate to restrict any other power of the court to grant equitable relief.
94A Withdrawal of privilege against incrimination of self or spouse in certain proceedings.
(1) In any proceedings to which this subsection applies a person shall not be excused, by reason that to do so would tend to expose that person, or his or her spouse or civil partner, to proceedings for a related offence or for the recovery of a related penalty—
(a) from answering any question put to that person in the first-mentioned proceedings; or
(b) from complying with an order made in those proceedings.
(2) Subsection (1) applies to the following civil proceedings in the High Court, namely—
(a) proceedings for infringement of rights pertaining to any intellectual property or for passing off;
(b) proceedings brought to obtain disclosure of information relating to any infringement of such rights or to any passing off; and
(c) proceedings brought to prevent any apprehended infringement of such rights or any apprehended passing off.
(3) Subject to subsection (4), no statement or admission made by a person—
(a) in answering a question put to him in any proceedings to which subsection (1) applies; or
(b) in complying with any order made in any such proceedings,
shall, in proceedings for any related offence or for the recovery of any related penalty, be admissible in evidence against that person or (unless they married or became civil partners after the making of the statement or admission) against the spouse or civil partner of that person.
(4) Nothing in subsection (3) shall render any statement or admission made by a person as there mentioned inadmissible in evidence against that person in proceedings for perjury or contempt of court.
(5) In this section—
“intellectual property” means any patent, trade mark, copyright or design right, registered design, technical or commercial information or other intellectual property;
“related offence”, in relation to any proceedings to which subsection (1) applies, means—
(a) in the case of proceedings within subsection (2)(a) or (b)—
(i) any offence committed by or in the course of the infringement or passing off to which those proceedings relate; or
(ii) any offence not within sub-paragraph (i) committed in connection with that infringement or passing off, being an offence involving fraud or dishonesty;
(b) in the case of proceedings within subsection (2)(c), any offence revealed by the facts on which the plaintiff relies in those proceedings;
“related penalty”, in relation to any proceedings to which subsection (1) applies, means—
(a) in the case of proceedings within sub-section (2)(a) or (b), any penalty incurred in respect of anything done or omitted in connection with the infringement or passing off to which those proceedings relate;
(b) in the case of proceedings within sub-section (2)(c) any penalty incurred in respect of any act or omission revealed by the facts on which the plaintiff relies in those proceedings.
(6) Any reference in this section to civil proceedings in the High Court of any description includes a reference to proceedings on appeal arising out of civil proceedings in the High Court of that description.
97 Civil jurisdiction exercisable by circuit registrars.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The Department of Justice may by order—
(a) direct that Articles 62(1), (2) and (3), 67(1)(a) and 72(3) of the Magistrates’ Courts (Northern Ireland) Order 1981 (which impose financial limits on the jurisdiction of courts of summary jurisdiction in debt and ejectment proceedings) shall have effect with the substitution for the sums for the time being specified in those provisions of such higher sums as may be specified in the Order;
(b) abolish any civil jurisdiction exercisable by courts of summary jurisdiction;
(c) confer on circuit registrars any civil jurisdiction additional to that for the time being exercisable by them under or by virtue of any statutory provision.
(3) An order under subsection (2) may make such incidental, consequential, transitional or supplementary provisions (including the amendment or repeal of any statutory provision) as appear to the Department of Justice to be necessary or proper for giving full effect to the provisions of the Order.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
98 Appointment and assignment of county court judges.
For section 102 of the County Courts Act (Northern Ireland) 1959 there shall be substituted the following section—
Appointment and assignment of judges.
102 (1) Her Majesty may appoint as judges such qualified persons as may be recommended to Her by the Lord Chancellor.
(2) A judge shall sit in the county court in accordance with directions given by the Lord Chancellor.
(3) A judge may, in accordance with such directions, sit as a judge for any division.
(4) Subject to subsections (2) and (3), the Lord Chancellor shall assign one judge to each division and may from time to time vary any such assignment.
(5) The judge assigned to the division which is or includes—
(a) the area of the city of Belfast shall be styled the Recorder of Belfast;
(b) the area of the city of Londonderry shall be styled the Recorder of Londonderry.
99 Qualifications of county court judges and deputy judges.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) For section 107 of the County Courts Act (Northern Ireland) 1959 there shall be substituted the following section—
Deputy judges.
107 (1) The Lord Chancellor may appoint as deputy judge—
(a) a person who has previously held the office as judge;
(b) a person who has practised for not less than ten years at the Bar of Northern Ireland;
(c) a resident magistrate;
(d) a solicitor who has practised for not less than ten years as a solicitor in Northern Ireland.
(2) The appointment of a person as a deputy judge shall specify the term for which he is appointed.
(3) Subject to subsection (4), the Lord Chancellor may, with the agreement of the deputy judge, from time to time extend, for such period as he thinks appropriate, the term for which the deputy judge is appointed.
(4) Except where an appointment is made under subsection (1)(a), neither the initial term for which a deputy judge is appointed nor any extension of that term under subsection (3) shall be such as to continue his appointment as a deputy judge after the end of the completed year of service in which he attains the age of seventy-two years.
(5) A deputy judge shall, while he is so acting, have the like authority, jurisdiction, powers and privileges as a judge in all respects.
(6) Where the hearing of any proceedings duly commenced before any deputy judge is adjourned or judgement is reserved therein, that deputy judge shall, notwithstanding anything in subsection (2) or (4), have power to resume the hearing and determine the proceedings or, as the case may be, to deliver the judgement so reserved.
(7) There shall be paid to every deputy judge, except a resident magistrate, such remuneration and allowances as the Lord Chancellor may, with the concurrence of the Minister for the Civil Service, determine.
100 Appointment and assignment of resident magistrates.
For section 9 of the Magistrates’ Courts Act (Northern Ireland) 1964 there shall be substituted the following section—
Appointment and assignment of resident magistrates.
9 (1) Her Majesty may, on the recommendation of the Lord Chancellor, appoint fit and proper persons to be resident magistrates, being persons who at the dates of their appointments have practised for not less than seven years either as a member of the Bar of Northern Ireland or as a solicitor of the Supreme Court.
(2) Without prejudice to section 7, a resident magistrate on his appointment shall forthwith take the oath of allegiance and the judicial oath as required by the Promissory Oaths Act 1868.
(3) A resident magistrate shall sit in accordance with directions given by the Lord Chancellor.
(4) A resident magistrate may, in accordance with such directions, sit in any petty sessions district.
(5) Subject to subsections (3) and (4), the Lord Chancellor may assign a resident magistrate to one or more petty sessions districts and may from time to time vary any such assignment.
(1) In this Part—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) section 100 shall be construed as one with the Magistrates’ Courts Act (Northern Ireland) 1964.
(2) Where the Lord Chancellor at any time directs that any of the Acts listed in subsection (3) is to be reprinted, section 30 of the Interpretation Act (Northern Ireland) 1954 shall apply as if—
(a) that direction were contained in an enactment; and
(b) in subsection (2) of that section for the words “the Clerk of the Parliaments” there were substituted the words “the Clerk to the Assembly”.
(3) The Acts referred to in subsection (2) are—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) the Judgments (Enforcement) Act (Northern Ireland) 1969.
(1) Any court of record in Northern Ireland having a criminal jurisdiction has, as ancillary to that jurisdiction, the power—
(a) to bind over to keep the peace; or
(b) to bind over to be of good behaviour,
a person who or whose case is before the court by requiring him to enter into his own recognisances or to find sureties (or both) and committing him to prison if he does not comply.
(2) A magistrates’ court is not to be regarded as a court of record for the purposes of subsection (1).