Northern Ireland civil procedure
When is a defence due after leave to defend a Northern Ireland summary-judgment application?
Six weeks from the order unless the order specifies another period. Serve the defence in accordance with that order. The actual leave order controls. The ordinary later-of-appearance/service formula cannot replace paragraph (2). Long Vacation must be checked for this pleading.
- Period
- Six weeks from the order unless the order specifies another period
- Trigger
- The actual order giving leave to defend under Order 14 or Order 86
- Rule
- Rules of the Court of Judicature (NI) 1980, Sch 1, Order 18, rule 2(2)
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 is a defence due after leave to defend a Northern Ireland summary-judgment application?
Six weeks from the order unless the order specifies another period. Serve the defence in accordance with that order. The actual leave order controls. The ordinary later-of-appearance/service formula cannot replace paragraph (2). Long Vacation must be checked for this pleading.
Responsible actor. The defendant given leave to defend on the summons.
The actual order giving leave to defend under Order 14 or Order 86.
The actual leave order controls. The ordinary later-of-appearance/service formula cannot replace paragraph (2). Long Vacation must be checked for this pleading.
The actual leave order controls. The ordinary later-of-appearance/service formula cannot replace paragraph (2). Long Vacation must be checked for this pleading. The result must identify pleading service for the defendant given leave to defend on the summons. Confirm every actual event and completion before selecting the ordinary branch.
Rules of the Court of Judicature (NI) 1980, Sch 1, Order 18, rule 2(2)How does this provision count time?
- Establish the actual order giving leave to defend under Order 14 or Order 86.
- Serve the defence in accordance with that order.
- Six weeks from the order unless the order specifies another period. Exclude the controlling event day under Order 3 rule 2(2). Count 42 following days. Intermediate weekends remain because this interval exceeds seven days. Order 3 rule 3 excludes the Long Vacation only in this actual pleading-service branch unless the court directs otherwise.
- Serve the defence in accordance with that order. The 2026 Long Vacation runs July 1 through September 4 for the Order 3 rule 3 pleading exclusion. That pause does not establish a registry opening or extend a different service duty.
Six weeks from the order unless the order specifies another period. Exclude the controlling event day under Order 3 rule 2(2). Count 42 following days. Intermediate weekends remain because this interval exceeds seven days. Order 3 rule 3 excludes the Long Vacation only in this actual pleading-service branch unless the court directs otherwise.
Serve the defence in accordance with that order. The 2026 Long Vacation runs July 1 through September 4 for the Order 3 rule 3 pleading exclusion. That pause does not establish a registry opening or extend a different service duty.
Rules of the Court of Judicature (NI) 1980, Sch 1, Order 18, rule 2(2)What do independently checked examples show?
Fictitious example
Fictitious established event on Tuesday, January 13, 2026. Six weeks from the order unless the order specifies another period. The actual leave order controls. The ordinary later-of-appearance/service formula cannot replace paragraph (2). Long Vacation must be checked for this pleading.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Fictitious established event on Tuesday, January 13, 2026. Six weeks from the order unless the order specifies another period. The actual leave order controls. The ordinary later-of-appearance/service formula cannot replace paragraph (2). Long Vacation must be checked for this pleading. Six weeks from the order unless the order specifies another period. Exclude the controlling event day under Order 3 rule 2(2). Count 42 following days. Intermediate weekends remain because this interval exceeds seven days. Order 3 rule 3 excludes the Long Vacation only in this actual pleading-service branch unless the court directs otherwise. The independent ordinary endpoint is Tuesday, February 24, 2026 for pleading-service, not a different filing, service or entitlement date. | Tuesday, February 24, 2026 |
| Example 2. Closed-day boundary | Fictitious boundary event on Friday, February 20, 2026. The source-specific completion is serve the defence in accordance with that order. Serve the defence in accordance with that order. The 2026 Long Vacation runs July 1 through September 4 for the Order 3 rule 3 pleading exclusion. That pause does not establish a registry opening or extend a different service duty. | The ordinary pleading-service endpoint is Good Friday, April 3, 2026. RCJ Office closure cannot postpone this actual act merely because it prevents a different registry filing. Establish lawful completion on the controlling day or an actual variation. |
| Example 3. Material procedural branch | The actual order giving leave to defend under Order 14 or Order 86 is not established. The actual leave order controls. The ordinary later-of-appearance/service formula cannot replace paragraph (2). Long Vacation must be checked for this pleading. The selected period cannot replace that missing source fact. The actual leave order controls. The ordinary later-of-appearance/service formula cannot replace paragraph (2). Long Vacation must be checked for this pleading. | The actual order giving leave to defend under Order 14 or Order 86 is not established. The actual leave order controls. The ordinary later-of-appearance/service formula cannot replace paragraph (2). Long Vacation must be checked for this pleading. 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 actual leave order controls. The ordinary later-of-appearance/service formula cannot replace paragraph (2). Long Vacation must be checked for this pleading.
- Counting and boundary
- Six weeks from the order unless the order specifies another period. Exclude the controlling event day under Order 3 rule 2(2). Count 42 following days. Intermediate weekends remain because this interval exceeds seven days. Order 3 rule 3 excludes the Long Vacation only in this actual pleading-service branch unless the court directs otherwise.
- Required completion
- Serve the defence in accordance with that order. The 2026 Long Vacation runs July 1 through September 4 for the Order 3 rule 3 pleading exclusion. That pause does not establish a registry opening or extend a different service duty.
- The actual leave order controls. The ordinary later-of-appearance/service formula cannot replace paragraph (2). Long Vacation must be checked for this pleading. The result must identify pleading service for the defendant given leave to defend on the summons. Confirm every actual event and completion before selecting the ordinary branch.
- This procedure concerns the defendant given leave to defend on the summons. Its controlling event is the actual order giving leave to defend under Order 14 or Order 86. The actual leave order controls. The ordinary later-of-appearance/service formula cannot replace paragraph (2). Long Vacation must be checked for this pleading.
What must the responsible actor complete?
Questions about this procedure
When is a defence due after leave to defend a Northern Ireland summary-judgment application?
Does the original defence clock always resume?
No. The applicable Order 14 outcome and any period fixed by the court govern the defence after leave.
Rules of the Court of Judicature (NI) 1980, Sch 1, Order 18, rule 2(2)Must the actual leave order be checked?
Yes. Establish the grant of leave, any conditions and the actual defence direction before using an ordinary period.
Rules of the Court of Judicature (NI) 1980, Sch 1, Order 18, rule 2(2)Does refusal of leave use this deadline?
No. This branch requires actual leave to defend. Refusal and final judgment involve different procedural consequences.
Rules of the Court of Judicature (NI) 1980, Sch 1, Order 18, rule 2(2)Can a general defence date override the leave order?
No. An actual case-specific direction controls the permitted defence step.
Rules of the Court of Judicature (NI) 1980, Sch 1, Order 18, rule 2(2)Can Order 86 leave engage the same defence branch?
Yes. Order 18 rule 2(2) identifies both Order 14 and Order 86 summonses.
Rules of the Court of Judicature (NI) 1980, Sch 1, Order 18, rule 2(2)When does the default six weeks begin after leave?
It begins after the actual leave order, unless that order specifies another period.
Rules of the Court of Judicature (NI) 1980, Sch 1, Order 18, rule 2(2)Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| Rules of the Court of Judicature (NI) 1980, Sch 1, Order 18, rule 2(2) | 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 |