Northern Ireland civil procedure
How much notice is required to withdraw a Northern Ireland County Court appeal?
At least two clear counted days before the hearing. Lodge the withdrawal notice, serve all notice recipients and pay the appropriate withdrawal costs. Both lodging and service must satisfy the clear interval. Withdrawal or striking out treats the appeal as dismissed. Payment is part of the prescribed withdrawal course.
- Period
- At least two clear counted days before the hearing
- Trigger
- The hearing day fixed for the appeal
- Rule
- Rules of the Court of Judicature (NI) 1980, Sch 1, Order 55, rule 10(1)
Current official revised XML accessed October 9, 2026, with retained amendment comparison. The June 2021 and February 2021 court PDFs are historical consolidation aids.
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How much notice is required to withdraw a Northern Ireland County Court appeal?
At least two clear counted days before the hearing. Lodge the withdrawal notice, serve all notice recipients and pay the appropriate withdrawal costs. Both lodging and service must satisfy the clear interval. Withdrawal or striking out treats the appeal as dismissed. Payment is part of the prescribed withdrawal course.
Responsible actor. The appellant withdrawing a county-court appeal.
The hearing day fixed for the appeal.
Both lodging and service must satisfy the clear interval. Withdrawal or striking out treats the appeal as dismissed. Payment is part of the prescribed withdrawal course.
Both lodging and service must satisfy the clear interval. Withdrawal or striking out treats the appeal as dismissed. Payment is part of the prescribed withdrawal course. The result must identify paired filing and service before hearing for the appellant withdrawing a county-court appeal. Confirm every actual event and completion before selecting the ordinary branch.
Rules of the Court of Judicature (NI) 1980, Sch 1, Order 55, rule 10(1)How does this provision count time?
- Establish the hearing day fixed for the appeal.
- Lodge the withdrawal notice, serve all notice recipients and pay the appropriate withdrawal costs.
- At least two clear counted days before the hearing. The service day and hearing day leave 2 intervening days under Order 3 rule 2(4). Rule 2(5) excludes intermediate Saturdays, Sundays and the specified Northern Ireland public holidays.
- Lodge the withdrawal notice, serve all notice recipients and pay the appropriate withdrawal costs. Order 3 rule 4 permits next-open completion only where Office closure prevents this actual court-office act. Order 64 rule 7 includes the day after Easter Monday. Hearing recess alone does not prove closure.
At least two clear counted days before the hearing. The service day and hearing day leave 2 intervening days under Order 3 rule 2(4). Rule 2(5) excludes intermediate Saturdays, Sundays and the specified Northern Ireland public holidays.
Lodge the withdrawal notice, serve all notice recipients and pay the appropriate withdrawal costs. Order 3 rule 4 permits next-open completion only where Office closure prevents this actual court-office act. Order 64 rule 7 includes the day after Easter Monday. Hearing recess alone does not prove closure.
Rules of the Court of Judicature (NI) 1980, Sch 1, Order 55, rule 10(1)What do independently checked examples show?
Fictitious example
Fictitious established event on Tuesday, October 13, 2026. At least two clear counted days before the hearing. Both lodging and service must satisfy the clear interval. Withdrawal or striking out treats the appeal as dismissed. Payment is part of the prescribed withdrawal course.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Fictitious established event on Tuesday, October 13, 2026. At least two clear counted days before the hearing. Both lodging and service must satisfy the clear interval. Withdrawal or striking out treats the appeal as dismissed. Payment is part of the prescribed withdrawal course. At least two clear counted days before the hearing. The service day and hearing day leave 2 intervening days under Order 3 rule 2(4). Rule 2(5) excludes intermediate Saturdays, Sundays and the specified Northern Ireland public holidays. The independent ordinary endpoint is Thursday, October 8, 2026 for paired-filing-and-service-before-hearing, not a different filing, service or entitlement date. | Thursday, October 8, 2026 |
| Example 2. Closed-day boundary | Fictitious boundary event on Tuesday, April 14, 2026. The source-specific completion is lodge the withdrawal notice, serve all notice recipients and pay the appropriate withdrawal costs. Lodge the withdrawal notice, serve all notice recipients and pay the appropriate withdrawal costs. Order 3 rule 4 permits next-open completion only where Office closure prevents this actual court-office act. Order 64 rule 7 includes the day after Easter Monday. Hearing recess alone does not prove closure. | Thursday, April 9, 2026 |
| Example 3. Material procedural branch | The hearing day fixed for the appeal is not established. Both lodging and service must satisfy the clear interval. Withdrawal or striking out treats the appeal as dismissed. Payment is part of the prescribed withdrawal course. The selected period cannot replace that missing source fact. Both lodging and service must satisfy the clear interval. Withdrawal or striking out treats the appeal as dismissed. Payment is part of the prescribed withdrawal course. | The hearing day fixed for the appeal is not established. Both lodging and service must satisfy the clear interval. Withdrawal or striking out treats the appeal as dismissed. Payment is part of the prescribed withdrawal course. The selected period cannot replace that missing source fact. |
Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.
Try these dates in the calculatorWhich conditions and exceptions apply?
- Applicable event and branch
- Both lodging and service must satisfy the clear interval. Withdrawal or striking out treats the appeal as dismissed. Payment is part of the prescribed withdrawal course.
- Counting and boundary
- At least two clear counted days before the hearing. The service day and hearing day leave 2 intervening days under Order 3 rule 2(4). Rule 2(5) excludes intermediate Saturdays, Sundays and the specified Northern Ireland public holidays.
- Required completion
- Lodge the withdrawal notice, serve all notice recipients and pay the appropriate withdrawal costs. Order 3 rule 4 permits next-open completion only where Office closure prevents this actual court-office act. Order 64 rule 7 includes the day after Easter Monday. Hearing recess alone does not prove closure.
- Both lodging and service must satisfy the clear interval. Withdrawal or striking out treats the appeal as dismissed. Payment is part of the prescribed withdrawal course. The result must identify paired filing and service before hearing for the appellant withdrawing a county-court appeal. Confirm every actual event and completion before selecting the ordinary branch.
- This procedure concerns the appellant withdrawing a county-court appeal. Its controlling event is the hearing day fixed for the appeal. Both lodging and service must satisfy the clear interval. Withdrawal or striking out treats the appeal as dismissed. Payment is part of the prescribed withdrawal course.
What must the responsible actor complete?
Questions about this procedure
How much notice is required to withdraw a Northern Ireland County Court appeal?
Is the ordinary interval two clear days?
The stated withdrawal branch requires the specified clear-day interval before hearing. Both boundaries are excluded.
Rules of the Court of Judicature (NI) 1980, Sch 1, Order 55, rule 10(1)Must notice be filed and served?
Yes. Establish both required acts and the correct recipients. A private message alone is insufficient.
Rules of the Court of Judicature (NI) 1980, Sch 1, Order 55, rule 10(1)Does withdrawal settle costs automatically?
Apply the source's costs requirements and any agreement or order. Timing does not determine the amount.
Rules of the Court of Judicature (NI) 1980, Sch 1, Order 55, rule 10(1)Can the hearing date be assumed?
No. Use the actual fixed hearing and any direction governing withdrawal.
Rules of the Court of Judicature (NI) 1980, Sch 1, Order 55, rule 10(1)What must be confirmed about costs on withdrawal?
Establish the source's costs requirement and any actual agreement or order affecting it.
Rules of the Court of Judicature (NI) 1980, Sch 1, Order 55, rule 10(1)Can filing withdrawal on the hearing day meet the ordinary minimum?
No. The ordinary clear-day interval requires qualifying intervening days before the hearing.
Rules of the Court of Judicature (NI) 1980, Sch 1, Order 55, rule 10(1)Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| Rules of the Court of Judicature (NI) 1980, Sch 1, Order 55, rule 10(1) | Check the identified procedure, event, counting rule or qualification |
| Rules of the Court of Judicature (Northern Ireland) 1980, Order 3 | Check the identified procedure, event, counting rule or qualification |
| Rules of the Court of Judicature (Northern Ireland) 1980, Order 64 rule 7 | Check the identified procedure, event, counting rule or qualification |