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Neutral Citation [2016] NICh 11 Ref: HOR10036

Judgment: approved by the Court for handing down Delivered: 20/09/2016

(subject to editorial corrections)*

IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND

________

CHANCERY DIVISION

________

IN THE MATTER OF PREMISES SITUATE AND KNOWN AS

23 ANNA’S GROVE, NEWTOWNABBEY, CO ANTRIM, BT36 4PQ

Between

MARK DEERY

Plaintiff

and

JAMES DEERY

First Named Defendant

and

LAURA GRAHAM

Second Named Defendant

________

HORNER J

A. INTRODUCTION

[1] The issue between the parties in this case is whether the failure to include a

Penal Notice in an agreed order requiring the defendants to do an act within a

specified time, namely vacate forthwith 23 Anna’s Grove, Newtownabbey,

Co Antrim (“the Premises”) precludes the plaintiff from seeking to re-serve the order

with a Penal Notice attached in accordance with Form No:67 of Appendix A of the

Rules of the Supreme Court (NI) 1980 and enforcing the order by committal under

Order 52.

[2] It appears that in an increasing number of cases plaintiffs are obtaining orders

for possession under Order 113 but failing to include a Penal Notice in the