The Gazette 1979

GAZETTE

JULY-AUGUST

1979

Northern Ireland Courts (The Ulster Commentary)

Principal remaining provisions of the Judicature (Northern Ireland) Act came into operation on 18 April last. Main provisions of the Act relate to: Transfer of ministerial responsibility for the administra- tion of the courts from the Secretary of State to the Lord Chancellor. Creation of a reconstituted Supreme Court of Judicature in Northern Ireland. In particular provision is made for the creation of a new Family Division within the High Court, and for the merging of die present Courts of Appeal and Criminal Appeal. Creadon of a new Crown Court to which will be transferred all criminal cases on indictment, presendy dealt with by Courts of Assize and County Courts. Merging of the administrative staffs of each of the three tiers of the present courts structure into an integrated Northern Ireland Court Service. Revision of the territorial boundaries of the courts to relate them to local government boundaries (see below). Creation of Circuit Registrars who will have a capacity for minor judicial functions, in particular for hearing certain claims up to £300 which are now within the capacity of the County Courts. They will also have jurisdiction for

'small claims' up to £200 for which there is at present no specific provision in Northern Ireland. Under the new legislation the Lord Chancellor has made an order specifying petty sessions boundaries. County Court divisions will be formed from appropriate groupings of new petty sessions districts, and these, in turn, will be grouped to form new Circuits for Crown Court and administrative purposes. There will be 26 Petty Sessions districts based on 26 local government boundaries and there will be eight new County Court Divisions based on groupings of local government districts as follows:- Londonderry — Londonderry, Limavady, Magherafelt, Strabane. North Antrim — Coleraine, Ballymoney, Moyle, Ballymena, Antrim. South Antrim — Larne, Newtownabbey, Carrick- fergus. Fermanagh and Tyrone — Cookstown, Omagh, Fer- managh, Dungannon. Armagh —Craigavon, Armagh. South Down — Newry and Moume, Banbridge, Down. Ards — Lisburn, North Down, Ards, Castieragh. Belfast - Belfast.

Small Claims Courts cut out formality

Hearings at the Small Claims Court will usually be in private, so that probably the claimant, the respondent and the Circuit Registrar will be present in a small room in the courthouse. Those involved will normally sit at tables and there will be no witness box. For claims not exceeding £50 there is a fee of £2 and for those exceeding £50 and not exceeding £200 the fee is £5. Application forms should be lodged at one of the Court Offices. These are in Belfast (Crumlin Road), Armagh, Downpatrick, Enniskillen, Londonderry and Omagh. The necessary form can be obtained from any Court Office or from the Citizens Advice Bureau or Trading Standards Office. If the claim is dealt with by arbitration and you are successful there will be no costs. If you are not successful you may have to pay the costs of the other party but these will not exceed £22.

Small claims courts, now set up in Northern Ireland, enable two or more people in dispute to take it informally before a third independent person, a Circuit Registrar. This means that the dispute can be settled quickly and cheaply (usually without the aid of a solicitor) but still within the framework of the courts. Circuit Registrars can deal with disputes where the amount of money or the value of the goods involved is not more than £200. Some types of disputes, however, such as those involving personal injuries, libel or slander, a legacy or annuity, or the ownership of land must be taken to court in the normal way. This also applies to the property of a marriage, a matter referred from the High Court, and undefended summary and default civil bills. Claims can be made for faulty goods, for un- satisfactory workmanship or for damage to your property.

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