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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

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.

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.

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