Northern Ireland civil procedure
When may a refused ex parte application be renewed in the Northern Ireland Court of Appeal?
Within seven counted days after refusal. Apply ex parte to the Court of Appeal for a similar purpose. The first-instance application and refusal must be established. This is not a general appeal-notice period. The lower court can extend the period on an application before its expiration.
- Period
- Within seven counted days after refusal
- Trigger
- The actual lower-court refusal date
- Rule
- Rules of the Court of Judicature (NI) 1980, Sch 1, Order 59, rule 14(3)
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 may a refused ex parte application be renewed in the Northern Ireland Court of Appeal?
Within seven counted days after refusal. Apply ex parte to the Court of Appeal for a similar purpose. The first-instance application and refusal must be established. This is not a general appeal-notice period. The lower court can extend the period on an application before its expiration.
Responsible actor. The applicant renewing a refused ex parte application.
The actual lower-court refusal date.
The first-instance application and refusal must be established. This is not a general appeal-notice period. The lower court can extend the period on an application before its expiration.
The first-instance application and refusal must be established. This is not a general appeal-notice period. The lower court can extend the period on an application before its expiration. The result must identify court application for the applicant renewing a refused ex parte application. Confirm every actual event and completion before selecting the ordinary branch.
Rules of the Court of Judicature (NI) 1980, Sch 1, Order 59, rule 14(3)How does this provision count time?
- Establish the actual lower-court refusal date.
- Apply ex parte to the Court of Appeal for a similar purpose.
- Within seven counted days after refusal. Exclude the controlling event day under Order 3 rule 2(2). Count 7 following days. The period is at most seven days, so rule 2(5) excludes Saturdays, Sundays and specified public holidays.
- Apply ex parte to the Court of Appeal for a similar purpose. 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.
Within seven counted days after refusal. Exclude the controlling event day under Order 3 rule 2(2). Count 7 following days. The period is at most seven days, so rule 2(5) excludes Saturdays, Sundays and specified public holidays.
Apply ex parte to the Court of Appeal for a similar purpose. 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 59, rule 14(3)What do independently checked examples show?
Fictitious example
Fictitious established event on Tuesday, January 13, 2026. Within seven counted days after refusal. The first-instance application and refusal must be established. This is not a general appeal-notice period. The lower court can extend the period on an application before its expiration.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Fictitious established event on Tuesday, January 13, 2026. Within seven counted days after refusal. The first-instance application and refusal must be established. This is not a general appeal-notice period. The lower court can extend the period on an application before its expiration. Within seven counted days after refusal. Exclude the controlling event day under Order 3 rule 2(2). Count 7 following days. The period is at most seven days, so rule 2(5) excludes Saturdays, Sundays and specified public holidays. The independent ordinary endpoint is Thursday, January 22, 2026 for court-application, not a different filing, service or entitlement date. | Thursday, January 22, 2026 |
| Example 2. Closed-day boundary | Fictitious boundary event on Wednesday, March 25, 2026. The source-specific completion is apply ex parte to the Court of Appeal for a similar purpose. Apply ex parte to the Court of Appeal for a similar purpose. 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. | Wednesday, April 8, 2026 |
| Example 3. Material procedural branch | The actual lower-court refusal date is not established. The first-instance application and refusal must be established. This is not a general appeal-notice period. The lower court can extend the period on an application before its expiration. The selected period cannot replace that missing source fact. The first-instance application and refusal must be established. This is not a general appeal-notice period. The lower court can extend the period on an application before its expiration. | The actual lower-court refusal date is not established. The first-instance application and refusal must be established. This is not a general appeal-notice period. The lower court can extend the period on an application before its expiration. 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
- The first-instance application and refusal must be established. This is not a general appeal-notice period. The lower court can extend the period on an application before its expiration.
- Counting and boundary
- Within seven counted days after refusal. Exclude the controlling event day under Order 3 rule 2(2). Count 7 following days. The period is at most seven days, so rule 2(5) excludes Saturdays, Sundays and specified public holidays.
- Required completion
- Apply ex parte to the Court of Appeal for a similar purpose. 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.
- The first-instance application and refusal must be established. This is not a general appeal-notice period. The lower court can extend the period on an application before its expiration. The result must identify court application for the applicant renewing a refused ex parte application. Confirm every actual event and completion before selecting the ordinary branch.
- This procedure concerns the applicant renewing a refused ex parte application. Its controlling event is the actual lower-court refusal date. The first-instance application and refusal must be established. This is not a general appeal-notice period. The lower court can extend the period on an application before its expiration.
What must the responsible actor complete?
Questions about this procedure
When may a refused ex parte application be renewed in the Northern Ireland Court of Appeal?
Does this route appeal every refusal?
No. Establish the specified ex parte refusal and the renewal procedure permitted by Order 59.
Rules of the Court of Judicature (NI) 1980, Sch 1, Order 59, rule 14(3)Is the original application date the anchor?
Use the actual refusal or decision event stated for renewal, rather than the earlier application date.
Rules of the Court of Judicature (NI) 1980, Sch 1, Order 59, rule 14(3)Does renewal automatically obtain the requested order?
No. The appellate court decides the renewed application on its grounds and evidence.
Rules of the Court of Judicature (NI) 1980, Sch 1, Order 59, rule 14(3)Can another order set the renewal timetable?
Apply any actual direction and the controlling statutory route. Do not assume the ordinary default overrides them.
Rules of the Court of Judicature (NI) 1980, Sch 1, Order 59, rule 14(3)Does seven days describe an automatic renewed order?
No. It is the ordinary application interval. The court still decides the renewed request.
Rules of the Court of Judicature (NI) 1980, Sch 1, Order 59, rule 14(3)Must the refused application have been ex parte?
Establish the specific source category and refusal. A contested final decision cannot silently use this renewal branch.
Rules of the Court of Judicature (NI) 1980, Sch 1, Order 59, rule 14(3)Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| Rules of the Court of Judicature (NI) 1980, Sch 1, Order 59, rule 14(3) | 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 |