| Date | Title | Summary | Status |
| 15 Dec 2009 | The Insolvency (Amendment) Rules Northern Ireland 2009 | These Rules amend the Insolvency Rules (Northern Ireland) 1991 (S.R. 1991 No. 364) (the principal Rules), of which there are two versions.
The principal Rules as amended by the Insolvency (Amendment) Rules (Northern Ireland) 2006 (the 2006 Rules) apply to all insolvency proceedings other than special administration regimes. These are referred to in this note as the current principal Rules.
However, rule 5 of the 2006 Rules provides that, in cases where Part III of the Insolvency (Northern Ireland) Order 1989 applies without amendments made by the Insolvency (Northern Ireland) Order 2005, the principal Rules continue to apply without the amendments made by the 2006 Rules.
Article 4 of the Insolvency (Northern Ireland) Order 2005 provides for Part III of the Insolvency (Northern Ireland) Order 1989 to continue to apply as prior to amendment by the Insolvency (Northern Ireland) Order 2005 in two special administration regimes, namely
(a) licence companies within the meaning of section 26 of the Transport Act 2000 (c. 38) (air traffic services), or
(b) building societies within the meaning of section 119 of the Building Societies Act 1986 (c. 53) (interpretation).
The version of the principal Rules applying to special administration regimes is referred to in this note as the former principal Rules.
These Rules make amendments to both the current and former principal Rules consequent on the coming into force on 1 October 2009 of the Companies Act 2006. Rules 4 to 17 amend the current principal Rules and rules 19 to 24 amend the former principal Rules.
Part 1 of the Schedule substitutes in Schedule 2 to the current principal Rules new form 5.2, which is needed because the previous form incorrectly stated that an interim order of Court under Article 226 of the Insolvency (Northern Ireland) Order 1989 took effect on the day after the date on which the order was made.
Part 2 of the Schedule substitutes in Schedule 2 to the former principal Rules new form 2.01(SAR), which is needed due to the coming into force of the Companies Act 2006.
| These Rules SR 2009 No. 404 were made by the Parliamentary Under-Secretary of State on 4th December with the concurrence of the Lord Chief Justice of Northern Ireland and the Department of Enterprise, Trade and Investment. They are due to come into operation on the 11th January 2010.
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| 15 Dec 2009 | The Court of Judicature Fees (Amendment) Order Northern Ireland 2009 | This Order amends Section 5 (Fees Payable in the Taxing Office) of the Court of Judicature Fees Order (Northern Ireland) 1996 [S.R. 1996 No. 100] so as to
(i) restrict the fee of 5% of the original bill submitted for taxation to a maximum fee of 3,500;
(ii) restrict the fee of 0.15 for every 1 or fraction of 1 on the amount allowed on taxation to a maximum fee of 10,500; and
(iii) correct some minor typographical errors.
The Supreme Court Fees Order (Northern Ireland) 1996 has been renamed the Court of Judicature Fees Order (Northern Ireland) 1996 as a consequence of the renaming of the Supreme Court of Judicature of Northern Ireland by virtue of section 59 and paragraph 6 of Schedule 11 to the Constitutional Reform Act 2005 (c.4).
| Draft - These Rules are made by the Lord Chancellor after consultation with the Lord Chief Justice of Northern Ireland and the concurrence of the Treasury. They are due to come into operation on the 11th January 2010. |
| 25 Nov 2009 | The Defamation Act 1996 (Commencement No. 4) Order 2009 | This Order brings into force on 6th January 2010 all the provisions of the Defamation Act 1996 which apply in Northern Ireland and which have not so far been brought into force. This Order also contains a transitional provision in relation to section 4 of the Defamation Act (Northern Ireland) 1955. Section 4 provides for offers of amends in cases of unintentional defamation and article 4 of the Order provides that it shall continue to apply as if it had not been repealed to any offer of amends made before 6th January 2010 and to any legal proceedings relating to that offer. | This Statutory Instrument was made by the Lord Chancellor on 25th October and shall come into operation on the 6th January 2010. |
| 01 Oct 2009 | The Rules of the Court of Judicature (Northern Ireland) (Amendment No. 4) 2009 | These Rules amend the Rules of the Court of Judicature (Northern Ireland) 1980 (S.R. 1980 No. 346) to: assign certain appeals from the Taxing Master to the Queens Bench Division; extend the time period allowed to serve a defence on the plaintiff and to specify matters which must be included in any defence; provide that the High Court may order a plaintiff to give security for the defendant's costs where the plaintiff is a company or other body and there is reason to believe that it will be unable to pay the defendant's costs if ordered to do so; and provide the practice and procedure for proceedings under the Presumption of Death Act (Northern Ireland) 2009. | DRAFT - These Rules are currently being considered by the Court of Judicature Rules Committee and, if allowed by the Lord Chancellor, will come into operation in the main on 9 November 2009. Rules 3(4) and 3(7)(a) shall come into operation on the 6th January 2010. |
| 26 Aug 2009 | The Magistrates' Courts (Criminal Justice (Children))(Amendment) Rules (Northern Ireland) 2009 | These Rules amend the Magistrates' Courts (Criminal Justice (Children)) Rules (Northern Ireland) 1999 to provide that service of a summons to enforce the attendance of a parent or guardian under Article 15 of the Criminal Justice (Children) (Northern Ireland) Order 1998 may be effected by post. | Draft - subject to the agreement of the Minister and the Lord Chief Justice these Rules will come into operation on 30th September 2009. |
| 18 Jun 2009 | The Rules of the Supreme Court (Northern Ireland) (Amendment No. 3) 2009 | These Rules amend the Rules of the Supreme Court (Northern Ireland) 1980 (S.R. 1980 No. 346) ("the principal Rules") to take account of provisions in the Counter Terrorism Act 2008 relating to control orders and notification orders. These Rules also amend Order 116A and 116B to provide that special advocates in control order proceedings and financial restrictions proceedings can adduce evidence to the Court. | DRAFT - These draft rules are currently being considered by the Supreme Court Rules Committee and, if allowed by the Lord Chancellor, will come into operation as follows: (a) for the purposes of rule 2(2), on 10th August 2009; and (b) for all other purposes, on the same day as Schedule 4 to the Counter-Terrorism Act 2008 comes into force. |
| 12 Jun 2009 | The Court Funds (Amendment) Rules (Northern Ireland) 2009 | These Rules amend the Court Funds Rules (Northern Ireland) 1979 [S.R. 1979 No. 105] so as to amend the rate of interest payable - a) on money placed to the deposit account from 3% per annum to 0.3% per annum; b) on money placed to the short-term investment account from 4% per annum to 0.5% per annum. | The draft Rules are due to come into operation on the 20th July 2009, if allowed by the Lord Chancellor with the concurrence of the Treasury. |
| 28 May 2009 | The Rules of the Supreme Court (Amendment No.2) (Northern Ireland) 2009 | These Rules amend the Rules of the Supreme Court (Northern Ireland) 1980 (SR 1980 No. 346) to correct an erroneous reference to the senior Lord Chief Justice; make provision for the disclosure of evidence in actions relating to clinical negligence; make provision for procedures under Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure; provide that a judge hearing an action in the Chancery Division shall have the same powers as the Commercial Judge if the action has been entered in the Commercial list of the Queen's Bench; take account of amendments to the Consumer Credit Act 1974 made by the Consumer Credit Act 2006 in relation to applications for time orders in connection with credit agreements; remove references to the VAT and duties tribunal as a result of the transfer of functions of various tax tribunals to the First-tier Tribunal and Upper Tribunal established under the Tribunals, Courts and Enforcement Act 2007 ("the 2007 Act") and the Transfer of Tribunal Functions and Revenue and Customs Appeal Order 2009 (S.I. 2009/56) ("the 2009 Order"); make consequential amendments, insert references to the Inheritance Tax Act 1984 and reflect minor changes to procedure for appeals in revenue proceedings to the High Court as a result of the 2009 Order; remove references to the VAT and duties tribunal and to provide for a right of appeal from the Upper Tribunal to the Court of Appeal under section 13 of the 2007 Act; and make savings provisions in relation to the application of those rules amended as a result of the 2007 Act and the 2009 Order. | These Rules were considered and made by the Supreme Court Rules Committee on 26th May 2009. They are due to come into operation on the 7th September 2009, if allowed by the Lord Chancellor. |
| 11 May 2009 | The Criminal Appeal (Serious Crime Prevention) Rules (Northern Ireland) 2009 | These Rules make provision for applications to the Court of Appeal in relation to appeals under section 24 of the Serious Crime Act 2007 ("the 2007 Act") and Parts 5 and 6 of the Serious Crime Act 2007 (Appeals under section 24) Order 2008 ("the 2008 Order"). Section 24 of the 2007 Act provides that a person who is the subject of a serious crime prevention order, or the Director of Public Prosecutions may appeal to the Court of Appeal against a decision of the Crown Court in relation to that order. In addition, any person who was given an opportunity to make representations in the proceedings by virtue of section 9(4) of the 2007 Act may appeal to the Court of Appeal against a decision of the Crown Court to make, vary or not vary a serious crime prevention order. | DRAFT - These draft rules are currently being considered by the Supreme Court Rules Committee and, if allowed by the Lord Chancellor, will come into operation on the 30th June 2009. |
| 11 May 2009 | The Criminal Appeal (Amendment) (Northern Ireland) Rules 2009 | These Rules amend the Criminal Appeal (Northern Ireland) Rules 1968 (S.R. 1968 No.218) ("the principal Rules") to take account of Part III of the Criminal Justice (Northern Ireland) Order 2004 ("the 2004 Order"), and Article 83 of the Criminal Justice (Northern Ireland) Order 2008 ("the 2008 Order"). Part III of the 2004 Order provides for witnesses other than the defendant to give evidence in specified criminal proceedings through a live link. Article 83 of the 2008 Order amends the Criminal Appeal (Northern Ireland) Act 1980 to enable the Court of Appeal to give a live link direction that the appellant is to attend proceedings, at which he is expected to be in custody but is entitled to be present, through a live link. | DRAFT - These draft rules are currently being considered by the Supreme Court Rules Committee and, if allowed by the Lord Chancellor, will come into operation on the 30th June 2009. |
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