Northern Ireland (Remittal and Removal of Proceedings) Order 1971
| Jurisdiction | UK Non-devolved |
1971 No. 875
SUPREME COURT OF JUDICATURE,
NORTHERN IRELAND
The Northern Ireland (Remittal and Removal of Proceedings) Order 197125thMay 1971
14thJune 1971
At the Court at Buckingham Palace, the 25th day of May 1971
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred on Her by section 4 of the Northern Ireland Act 1962(a) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Citation and commencement
1. This Order may be cited as the Northern Ireland (Remittal and Removal of Proceedings) Order 1971 and shall come into operation on 14th June 1971.
Interpretation
2.—(1) In this Order—
"county court" means a county court held for a division under the County Courts Act (Northern Ireland) 1959(b);
"the High Court" means Her Majesty's High Court of Justice in Northern Ireland;
"proceedings" includes proceedings on a counterclaim;
"rules of court" means rules made under section 7 of the Northern Ireland Act 1962.
(2) The Interpretation Act 1889(c) shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.
(3) For the purposes of this Order—
(a) the amount of a claim shall be taken as the amount remaining in dispute after allowance made for any payment, set-off or other amount admitted by tender or otherwise to be due and after any abandonment by the claimant of any amount by which the sum claimed exceeds the monetary limit of the jurisdiction of the county court;
(a) 1962 c. 30.
(b) 1959 c. 25 (N.I.).
(c) 1889 c. 63.
(b) the full amount of an unliquidated claim shall be taken as the amount which would be recoverable if no deduction were made in respect of the claimant's own fault;
(c) in determining whether an amount exceeds the monetary limit of the jurisdiction of the county court, no account shall be taken of any power exercisable by virtue of section 17 of the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1937(a), or of any order made in the exercise of such a power.
Remittal to county court
3.—(1) The High Court may in accordance with rules of court at any stage remit to a county court, the whole or any part of any civil proceedings to which this paragraph applies if and in so far as—
(a) the parties consent to the remittal thereof; or
(b) the Court is satisfied upon the application of any party to proceedings...
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