County Court (Amendment) Rules (Northern Ireland) 1998

Link to law: http://www.legislation.gov.uk/nisr/1998/21/made/data.htm?wrap=true
Published: 1998-01-22

Statutory Rules of Northern Ireland
1998 No. 21

COUNTY COURTS
County Court (Amendment) Rules (Northern Ireland) 1998

Made
22nd January 1998

Coming into operation
20th April 1998

We, the County Court Rules Committee, appointed by the Lord Chancellor under Article 46 of the County Courts (Northern Ireland) Order 1980(1), in exercise of the powers conferred on us by Article 47 of that Order, hereby make the following Rules:—

Citation and interpretation

1.—(1) These Rules may be cited as the County Court (Amendment) Rules (Northern Ireland) 1998.

(2) In these Rules “the principal Rules” means the County Court Rules (Northern Ireland) 1981(2).

(3) In these Rules a reference to an Order, Rule or Form by number is a reference to that Order, Rule or Form as numbered in the principal Rules.

Medical evidence

2.  Order 24 shall be amended as follows—

(a)for Rule 38 there shall be substituted the following new Rule—

“38.  Subject to Rule 36, where a party proposes to adduce at the hearing medical evidence obtained from any medical expert, he shall disclose all relevant medical evidence obtained at any time from that medical expert to the relevant party or parties in accordance with Rule 36 or within 21 days of receiving it and in any case before the first day of the hearing.”;

(b)for Rule 43 there shall be substituted the following new Rule—

“43.—(1) A party serving or disclosing medical evidence under this Part shall do so by furnishing copies of any relevant medical report or reports, together with any documents emanating from the maker thereof which are intended by him to accompany or supplement any such report, or a document or documents containing a sufficient record of any such evidence as is referred to in Rule 45(b). All such reports or other documents shall be signed and dated by the relevant medical expert and shall specify his professional qualifications.

(2) On the ex parte application of any party bound to serve or disclose any medical report under this Part the judge may give him leave—

(i)to adduce at the hearing the evidence contained in any report without serving or disclosing the report; or

(ii)to omit or amend any part of any report when serving or disclosing the report.”;

(c)for Rule 45 there shall be substituted the following new Rule—

“45.  For the purposes of this Part “medical evidence” means—

(a)the evidence contained in any report or other accompanying or supplemental document as specified in Rule 43 and includes surgical and radiological evidence and any ancillary expert or technical evidence; and

(b)any other evidence of a medical, surgical or radiological nature which a party proposes to adduce at the hearing by means of oral testimony

and the expressions “medical expert” and “medical examination” shall be construed accordingly.”.

Revision of references

3.  The amendments to the principal Rules set out in the Schedule shall have effect.

We, the undersigned members of the County Court Rules Committee, having by virtue of the powers vested in us in this behalf made the foregoing Rules, do hereby certify the same under our hand and submit them to the Lord Chancellor accordingly.

A. R. Hart
J. J. Curran
Hilary Keegan
Barry Valentine
James A. Agnew
G. H. Keatley
Brian J. Stewart
Brian Kennedy
Dated 11th December 1997

After consultation with the Lord Chief Justice, I allow these Rules, which shall come into operation on 20th April 1998.

Irvine of Lairg, C.
Dated 22nd January 1998

Rule 3
SCHEDULE

Part IAmendments to Principal Rules

1.  Order 1, Rule 15 is revoked.

2.  In Order 5, Rule 2(1A) for the words “Rule 6A or 12A of Order 12 or by Rule 1A of Order 33, as the case may be” substitute the words “Rule 1A of Order 33”.

3.  In Order 6A, Rule 1 in the meaning of “originating process” delete the words “a default or summary civil bill or”.

4.  In Order 14, Rule 1(f) delete the words “This sub-paragraph shall not apply to an order or direction under Rule 2(3) of Order 21.”.

5.  In Order 25, Rule 15(1) delete the words “Part III of Order 12 and to”.

6.  In Order 30, Rule 11(2), Rule 12(2), Rule 13(2), Rule 14(2) and Rule 15(2) for the words “Paragraphs (5) and (6) of Rule 9” substitute the words “Paragraph (5) of Rule 9”.

7.  In Order 33, Rule 8 after the words “shall be in” insert the words “Form 56,”.

8.  In Order 43, Rule 6 delete the words “as upon the day when the same is so served or delivered or upon which, in the ordinary course of post, it would be delivered”.

9.  In Order 48, Rule 6(1) for the ratio “100:1” substitute the ratio “1:100”.

Part IIAmendments to Forms in Principal Rules

10.  In Form 1 after the words “DISTRICT JUDGE” in the title insert the words “/CHIEF CLERK”.

11.  In Form 101 delete the words “at this present sittings”.

12.  In Form 137C for the words “Order 32: PART 11A: Rule 6C(10)” in the heading substitute the words “Order 32: PART 11A: Rule 6C(9)”.

13.  In Form 144 delete the words “at the said sittings”.

14.  In Form 224 delete the words “at the sitting [commencing] on”.

15.  In Forms 286, 288, 338, 339, and 352 to 354 delete the words “at the present sittings”.

16.  In Form 287 delete the words “at the present sitting”.

17.  In Form 296 for the heading “Certificate under section 12 of the Foreign Judgments Act 1982” substitute the heading “Certificate under section 12 of the Civil Jurisdiction and Judgments Act 1982”.

18.  In Form 342 delete the words “on the day of 19 to be held at”.

Explanatory Note

(This note is not part of the Rules.)

These Rules amend the County Court Rules (Northern Ireland) 1981 so as to:—
(i)delete obsolete provisions and make minor corrections;
(ii)require a party, who intends to adduce medical evidence obtained from a medical expert, to disclose to the other party or parties all relevant medical evidence obtained at any time from that expert;
(iii)enlarge the definition of “medical evidence”.


(1)
S.I. 1980/397 (N.I. 3)

(2)
S.R. 1981 No. 225 to which the most recent relevant amendments were made by S.R. 1988 No. 112, S.R. 1995 No. 151, S.R. 1995 No. 282 and S.R. 1997 No. 61
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