Northern Ireland civil procedure
When must a Northern Ireland defendant notify a set-off or counterclaim?
28 days after that service in the ordinary non-rent branch. Give written notice to the plaintiff and the chief clerk. A notice to only one recipient is incomplete. Rent proceedings have a different treatment. Establish the ordinary non-rent branch before counting.
- Period
- 28 days after that service in the ordinary non-rent branch
- Trigger
- Actual service of the defendant's notice of intention to defend
- Rule
- County Court Rules (Northern Ireland) 1981, Order 7, rule 5(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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When must a Northern Ireland defendant notify a set-off or counterclaim?
28 days after that service in the ordinary non-rent branch. Give written notice to the plaintiff and the chief clerk. A notice to only one recipient is incomplete. Rent proceedings have a different treatment. Establish the ordinary non-rent branch before counting.
Responsible actor. The defendant intending to rely on a set-off or counterclaim.
Actual service of the defendant's notice of intention to defend.
A notice to only one recipient is incomplete. Rent proceedings have a different treatment. Establish the ordinary non-rent branch before counting.
A notice to only one recipient is incomplete. Rent proceedings have a different treatment. Establish the ordinary non-rent branch before counting. The result must identify paired plaintiff and clerk notice for the defendant intending to rely on a set-off or counterclaim. Confirm every actual event and completion before selecting the ordinary branch.
County Court Rules (Northern Ireland) 1981, Order 7, rule 5(1)How does this provision count time?
- Establish actual service of the defendant's notice of intention to defend.
- Give written notice to the plaintiff and the chief clerk.
- 28 days after that service in the ordinary non-rent branch. Order 43 rule 17 excludes the triggering event day for this 28-day interval. Intermediate weekends remain in periods exceeding three days.
- Give written notice to the plaintiff and the chief clerk. Order 43 rule 17 carries a final Saturday, Sunday or actual Office-closed day to the next qualifying day. Identify actual closure and satisfy every paired recipient or filing duty.
28 days after that service in the ordinary non-rent branch. Order 43 rule 17 excludes the triggering event day for this 28-day interval. Intermediate weekends remain in periods exceeding three days.
Give written notice to the plaintiff and the chief clerk. Order 43 rule 17 carries a final Saturday, Sunday or actual Office-closed day to the next qualifying day. Identify actual closure and satisfy every paired recipient or filing duty.
County Court Rules (Northern Ireland) 1981, Order 7, rule 5(1)What do independently checked examples show?
Fictitious example
Fictitious established event on Tuesday, January 13, 2026. 28 days after that service in the ordinary non-rent branch. A notice to only one recipient is incomplete. Rent proceedings have a different treatment. Establish the ordinary non-rent branch before counting.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Fictitious established event on Tuesday, January 13, 2026. 28 days after that service in the ordinary non-rent branch. A notice to only one recipient is incomplete. Rent proceedings have a different treatment. Establish the ordinary non-rent branch before counting. 28 days after that service in the ordinary non-rent branch. Order 43 rule 17 excludes the triggering event day for this 28-day interval. Intermediate weekends remain in periods exceeding three days. The independent ordinary endpoint is Tuesday, February 10, 2026 for paired-plaintiff-and-clerk-notice, not a different filing, service or entitlement date. | Tuesday, February 10, 2026 |
| Example 2. Closed-day boundary | Fictitious boundary event on Friday, March 6, 2026. The source-specific completion is give written notice to the plaintiff and the chief clerk. Give written notice to the plaintiff and the chief clerk. Order 43 rule 17 carries a final Saturday, Sunday or actual Office-closed day to the next qualifying day. Identify actual closure and satisfy every paired recipient or filing duty. | Wednesday, April 8, 2026 |
| Example 3. Material procedural branch | Actual service of the defendant's notice of intention to defend is not established. A notice to only one recipient is incomplete. Rent proceedings have a different treatment. Establish the ordinary non-rent branch before counting. The selected period cannot replace that missing source fact. A notice to only one recipient is incomplete. Rent proceedings have a different treatment. Establish the ordinary non-rent branch before counting. | Actual service of the defendant's notice of intention to defend is not established. A notice to only one recipient is incomplete. Rent proceedings have a different treatment. Establish the ordinary non-rent branch before counting. 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
- A notice to only one recipient is incomplete. Rent proceedings have a different treatment. Establish the ordinary non-rent branch before counting.
- Counting and boundary
- 28 days after that service in the ordinary non-rent branch. Order 43 rule 17 excludes the triggering event day for this 28-day interval. Intermediate weekends remain in periods exceeding three days.
- Required completion
- Give written notice to the plaintiff and the chief clerk. Order 43 rule 17 carries a final Saturday, Sunday or actual Office-closed day to the next qualifying day. Identify actual closure and satisfy every paired recipient or filing duty.
- A notice to only one recipient is incomplete. Rent proceedings have a different treatment. Establish the ordinary non-rent branch before counting. The result must identify paired plaintiff and clerk notice for the defendant intending to rely on a set-off or counterclaim. Confirm every actual event and completion before selecting the ordinary branch.
- This procedure concerns the defendant intending to rely on a set-off or counterclaim. Its controlling event is actual service of the defendant's notice of intention to defend. A notice to only one recipient is incomplete. Rent proceedings have a different treatment. Establish the ordinary non-rent branch before counting.
What must the responsible actor complete?
Questions about this procedure
When must a Northern Ireland defendant notify a set-off or counterclaim?
Must both plaintiff and chief clerk receive notice?
Yes in the stated ordinary branch. A notice to only one recipient does not complete both requirements.
County Court Rules (Northern Ireland) 1981, Order 7, rule 5(1)Does this page cover rent proceedings automatically?
No. The source provides different rent treatment. Establish the ordinary non-rent branch.
County Court Rules (Northern Ireland) 1981, Order 7, rule 5(1)Does notice of intention to defend itself state the counterclaim?
The separate written set-off or counterclaim notice is required when the defendant intends to rely on that case.
County Court Rules (Northern Ireland) 1981, Order 7, rule 5(1)Does the period start with the plaintiff's civil bill?
The ordinary branch uses service of the defendant's notice of intention to defend, not the earlier civil bill.
County Court Rules (Northern Ireland) 1981, Order 7, rule 5(1)Does an unserved counterclaim draft notify the plaintiff?
No. The defendant must give the actual required written notice to both identified recipients.
County Court Rules (Northern Ireland) 1981, Order 7, rule 5(1)Can the counterclaim's limitation period differ?
Yes. The procedural notice interval does not decide the statutory limitation applicable to the counterclaim itself.
County Court Rules (Northern Ireland) 1981, Order 7, rule 5(1)Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| County Court Rules (Northern Ireland) 1981, Order 7, rule 5(1) | Check the identified procedure, event, counting rule or qualification |
| County Court Rules (Northern Ireland) 1981, Order 43 rule 17 | Check the identified procedure, event, counting rule or qualification |
| Interpretation Act (Northern Ireland) 1954, section 39 | Check the identified procedure, event, counting rule or qualification |