Northern Ireland civil procedure
When must the judicial-review notice of motion issue after Northern Ireland leave?
Within 14 days after leave is granted. Issue the originating notice of motion. Leave lapses if the notice is not issued within the required interval. Service on directly affected persons and the required pre-hearing gap are separate duties.
- Period
- Within 14 days after leave is granted
- Trigger
- The actual grant of leave
- Rule
- Rules of the Court of Judicature (NI) 1980, Sch 1, Order 53, rule 5(5)
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 the judicial-review notice of motion issue after Northern Ireland leave?
Within 14 days after leave is granted. Issue the originating notice of motion. Leave lapses if the notice is not issued within the required interval. Service on directly affected persons and the required pre-hearing gap are separate duties.
Responsible actor. The applicant granted judicial-review leave.
The actual grant of leave.
Leave lapses if the notice is not issued within the required interval. Service on directly affected persons and the required pre-hearing gap are separate duties.
Leave lapses if the notice is not issued within the required interval. Service on directly affected persons and the required pre-hearing gap are separate duties. The result must identify court office issue before leave lapse for the applicant granted judicial-review leave. Confirm every actual event and completion before selecting the ordinary branch.
Rules of the Court of Judicature (NI) 1980, Sch 1, Order 53, rule 5(5)How does this provision count time?
- Establish the actual grant of leave.
- Issue the originating notice of motion.
- Within 14 days after leave is granted. Exclude the controlling event day under Order 3 rule 2(2). Count 14 following days. Intermediate weekends remain because this interval exceeds seven days.
- Issue the originating notice of motion. 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 14 days after leave is granted. Exclude the controlling event day under Order 3 rule 2(2). Count 14 following days. Intermediate weekends remain because this interval exceeds seven days.
Issue the originating notice of motion. 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 53, rule 5(5)What do independently checked examples show?
Fictitious example
Fictitious established event on Tuesday, January 13, 2026. Within 14 days after leave is granted. Leave lapses if the notice is not issued within the required interval. Service on directly affected persons and the required pre-hearing gap are separate duties.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Fictitious established event on Tuesday, January 13, 2026. Within 14 days after leave is granted. Leave lapses if the notice is not issued within the required interval. Service on directly affected persons and the required pre-hearing gap are separate duties. Within 14 days after leave is granted. Exclude the controlling event day under Order 3 rule 2(2). Count 14 following days. Intermediate weekends remain because this interval exceeds seven days. The independent ordinary endpoint is Tuesday, January 27, 2026 for court-office-issue-before-leave-lapse, not a different filing, service or entitlement date. | Tuesday, January 27, 2026 |
| Example 2. Closed-day boundary | Fictitious boundary event on Friday, March 20, 2026. The source-specific completion is issue the originating notice of motion. Issue the originating notice of motion. 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 grant of leave is not established. Leave lapses if the notice is not issued within the required interval. Service on directly affected persons and the required pre-hearing gap are separate duties. The selected period cannot replace that missing source fact. Leave lapses if the notice is not issued within the required interval. Service on directly affected persons and the required pre-hearing gap are separate duties. | The actual grant of leave is not established. Leave lapses if the notice is not issued within the required interval. Service on directly affected persons and the required pre-hearing gap are separate duties. 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
- Leave lapses if the notice is not issued within the required interval. Service on directly affected persons and the required pre-hearing gap are separate duties.
- Counting and boundary
- Within 14 days after leave is granted. Exclude the controlling event day under Order 3 rule 2(2). Count 14 following days. Intermediate weekends remain because this interval exceeds seven days.
- Required completion
- Issue the originating notice of motion. 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.
- Leave lapses if the notice is not issued within the required interval. Service on directly affected persons and the required pre-hearing gap are separate duties. The result must identify court office issue before leave lapse for the applicant granted judicial-review leave. Confirm every actual event and completion before selecting the ordinary branch.
- This procedure concerns the applicant granted judicial-review leave. Its controlling event is the actual grant of leave. Leave lapses if the notice is not issued within the required interval. Service on directly affected persons and the required pre-hearing gap are separate duties.
What must the responsible actor complete?
Questions about this procedure
When must the judicial-review notice of motion issue after Northern Ireland leave?
Is grant of leave the event?
Yes for the ordinary post-leave motion branch. Use the actual leave decision and any period directed by the court.
Rules of the Court of Judicature (NI) 1980, Sch 1, Order 53, rule 5(5)Does obtaining leave complete the substantive application?
No. The notice of motion must issue through the required procedure within the applicable period.
Rules of the Court of Judicature (NI) 1980, Sch 1, Order 53, rule 5(5)Is service before the hearing a separate duty?
Yes. The motion's issue interval and hearing-service interval are distinct requirements.
Rules of the Court of Judicature (NI) 1980, Sch 1, Order 53, rule 5(5)Can the leave order prescribe another period?
Yes. Read the actual order before applying the ordinary fourteen days.
Rules of the Court of Judicature (NI) 1980, Sch 1, Order 53, rule 5(5)What happens if the ordinary motion-issue period expires?
Order 53 states that leave lapses if the motion is not issued within the required period, unless another direction governs.
Rules of the Court of Judicature (NI) 1980, Sch 1, Order 53, rule 5(5)Which grounds can the motion pursue?
The source limits the motion to the grounds and relief specified in the permitted application.
Rules of the Court of Judicature (NI) 1980, Sch 1, Order 53, rule 5(5)Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| Rules of the Court of Judicature (NI) 1980, Sch 1, Order 53, rule 5(5) | 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 |