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COUNTY COURTS (NORTHERN IRELAND) ORDER 1980 - SECT 48



48. Without prejudice to the generality of section 21 of the Interpretation
Act (Northern Ireland) 1954, the Rules Committee may, notwithstanding anything
in any statutory provision, make county court rules with respect

(a)to all matters of procedure or practice, or matters relating to or
concerning the effect or operation in law of any procedure or practice, in any
civil proceedings within the jurisdiction of county courts as to which rules
of court have been or might lawfully be made for proceedings within the
cognizance of the High Court;

(b)without prejudice to the generality of paragraph (a)

(i)to prescribing the circumstances in which civil proceedings may be
transferred from one court to another, and the procedure preliminary to and
consequent upon such transfer;

(ii)to authorising any civil actions in which the defendant fails to appear at
the hearing or admits the claim to be heard and determined by the prescribed
officer or by a circuit registrar;

<(iii)to authorising a decree to be obtained through the Office in any action in which, if it had been brought in the High Court, the  plaintiff could have obtained judgment by default;


<(iv)to providing that in such cases or classes of case as may be prescribed the costs are to be in the discretion of the judge;


(c)to regulating matters of practice, procedure and costs in cases within the
appellate jurisdiction of county courts;

(d)to regulating or providing for any matter which immediately before 1st
April 1960 was regulated or provided for or authorised by any statutory
provision to be regulated or provided for by county court rules or county
court orders;

(e)to the amendment or repeal of any statutory provision relating to or
affecting practice or procedure in the county court.



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