rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile Statutory InstrumentsIonstraimí Reachtúla 2005 S.I. No. 506/2005 - Rules of the Superior Courts (Jurisdiction, Recognition, Enforcement and Service of Proceedings) 2005 S.I. No. 506/2005 - Rules of the Superior Courts (Jurisdiction, Recognition, Enforcement and Service of Proceedings) 2005 AmendmentsLeasuithe We, the Superior Court Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act 1936 section 67, and reconstituted pursuant to the provisions of the Courts of Justice Act 1953 , section 15, by virtue of the powers conferred upon us by the Courts of Justice Act 1924 section 36, and the Courts of Justice Act 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act 1961 section 48), and the Courts (Supplemental Provisions) Act 1961 , section 14, and of all other powers enabling us in this behalf, do hereby make the following Rules of Court. Dated this 20th day of July 2005. Joseph Finnegan Richard Johnson Michael Cush Tony Hunt Matthew Feely Patrick Groarke Patrick O'Connor Noel Rubotham I concur in the making of the following Rules of Court. Dated this 27th day of July 2005. MICHAEL McDOWELL, Minister for Justice, Equality and Law Reform. S.I. No. 506 of 2005 . RULES OF THE SUPERIOR COURTS (JURISDICTION, RECOGNITION, ENFORCEMENT AND SERVICE OF PROCEEDINGS) 2005. 1. The Rules of the Superior Courts are hereby amended by: (i) the insertion of the following as
der 4, rule 1A in substitution for the existing
der 4, rule 1A: “1A. Where an indorsement of claim on an
iginating summons concerns a claim which by virtue of Regulation No. 44/2001, Regulation No. 2201/2003, the 1968 Convention
the Lugano Convention, the Court has power to hear and determine, the following provisions shall apply:
iginating summons shall be endorsed before it is issued with a statement that the Court has the power under Regulation No. 44/2001, Regulation No. 2201/2003, the 1968 Convention
the Lugano Convention to hear and determine the claim and shall specify the particular provision
provisions of Regulation No. 44/2001, Regulation No. 2201/2003, the 1968 Convention
the Lugano Convention (as the case may be) under which the Court should assume jurisdiction; and
iginating summons shall be endorsed before it is issued with a statement that no proceedings between the parties concerning the same cause of action are pending between the parties in another Member State of the European Union
in a Contracting State of the Lugano Convention.
der— “the 1968 Convention” means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (including the protocol annexed to that Convention), signed at Brussels on the 27th day of September 1968 including the 1978 Accession Convention, the 1982 Accession Convention, the 1989 Accession Convention and the 1996 Accession Convention; “Contracting State of the Lugano Convention” means a Contracting State as defined by section 17
requires, shall include reference to Council Regulation (EC) No. 1347/2000 of 29 May 2000 (O.J. L. 160/22) on jurisdiction and the recognition of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses, as amended, which latter Regulation is repealed as from the date of application of Council Regulation (EC) No. 2201/2003 and any reference to an Article of Council Regulation (EC) No. 2201/2003 shall include reference to the corresponding Article of Council Regulation (EC) No. 1347/2000 indicated in Annex V of Council Regulation (EC) No. 2201/2003.” (ii) the insertion of the following as
der 5, rule 14 in substitution for the existing
der 5, rule 14: “14.
other
iginating document for service out of the jurisdiction
of which notice is to be given out of the jurisdiction shall be issued without leave of the Court.
iginating summons
other
iginating document
notice of an
iginating summons
other
iginating document out of the jurisdiction is permissible without the leave of the Court, if, but only if, it complies with the following conditions:
other
iginating document is one which by virtue of Regulation No. 44/2001 Regulation No. 2201/2003, the 1968 Convention
the Lugano Convention the Court has power to hear and determine and
in a Contracting State of the Lugano Convention.” (iii) the insertion of the following as
der 11A, in substitution for the existing
der 11A: “
der 11A Service out of the Jurisdiction under Council Regulation (EC) No. 44/2001 (Civil and Commercial Matters) 1. The provisions of this
der only apply to proceedings which are governed by Article 1 of Regulation No. 44/2001 and, so far as practicable and applicable, to any
der, motion
notice in any such proceedings. 2. Service of an
iginating summons
notice of an
iginating summons out of the jurisdiction is permissible without the leave of the Court if but only if, it complies with the following conditions:
other
iginating document is one which, by virtue of Regulation No. 44/2001, the Court has power to hear and determine, and
iginating summons
notice of an
iginating summons is to be served out of the jurisdiction under rule 2, the time to be inserted in the summons within which the defendant served therewith shall enter an appearance (including an appearance entered solely to contest jurisdiction by virtue of Article 24 of Regulation No. 44/2001) shall be:
notice of summons exclusive of the day of service where an
iginating summons
notice of an
iginating summons is to be served in the European territory of another Member State of the European Union (other than Denmark),
notice of summons exclusive of the day of service where an
iginating summons
notice of an
iginating summons is to be served under rule 2 in any non-European territory of a Member State of the European Union (other than Denmark). 4.
more defendants are parties to proceedings to which the provisions of this
der apply, but not every such co-defendant is domiciled in a Member State of the European Union
a Contracting State of the 1968 Convention
a Contracting State of the Lugano Convention for the purposes of Regulation No. 44/2001
the 1998 Act, then the provisions of
der 11 requiring leave to serve out of the jurisdiction shall apply to each and every such co-defendant.
44/2001 concerning prorogation of jurisdiction apply. Service of such proceedings on all co-defendants shall be governed by the provisions of this
der. 5.
without the jurisdiction on any party
on any person on behalf of any party
in any manner specified
indicated in such contract, then, in any such case notwithstanding anything contained in these Rules, service of any such summmons at the place (if any)
on the party
on the person (if any)
in the manner (if any) specified
indicated in the contract shall be deemed to be good and effective service wherever the parties are resident. If no place,
mode,
person be so specified
indicated, service shall be effected in accordance with these Rules.
iginating summons is issued for service out of the jurisdiction without leave under rule 2 of this
der and is duly served in accordance with these Rules, the summons
notice of summons shall be deemed to have been duly served on the defendant. 6. Where the defendant is not,
is not known
believed to be, a citizen of Ireland, notice of summons and not the summons itself shall be served upon him. 7. Subject to the provisions of this
der notice in lieu of summons shall be given in the manner in which summonses are served.
der: “the 1998 Act” means the Jurisdiction of Courts and Enforcement of Judgments Act 1998; “the 1968 Convention” means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (including the protocol annexed to that Convention), signed at Brussels on the 27th day of September 1968 including the 1978 Accession Convention, the 1982 Accession Convention, the 1989 Accession Convention and the 1996 Accession Convention; “Contracting State of the 1968 Convention” means Contracting State as defined by section 4
requires, any other
iginating document.” (iv) the amendment of the number and title of the existing
der 11B to “
der 11E: Service of Documents outside of the Jurisdiction (Hague Convention — Denmark and outside the EU)” and the substitution in rule 1 therein for the definition of “A Convention Country” of the following: “ “A Convention Country” means a country which is party to the Convention, but excludes a country which is a Member State of the European Union in which Council Regulation (EC) 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extra-judicial documents in civil
commercial matters is in force.” (v) the insertion of the following as
der 11B: “
der 11B Service out of the Jurisdiction under the Jurisdiction of Courts and Enforcement of Judgments Act 1998 (1968 and Lugano Conventions) 1. The provisions of this
der only apply to proceedings which are governed by the terms of the 1968 Convention and Part II of the 1998 Act (and the First Schedule thereof)
the Lugano Convention and Part III of the 1998 Act (and the Seventh Schedule thereof) and, so far as practicable and applicable, to any
der, motion
notice in any such proceedings. 2. Service of an
iginating summons
notice of an
iginating summons out of the jurisdiction is permissible without the leave of the Court if but only if, it complies with the following conditions:
the Lugano Convention and Part III of the 1998 Act and the Seventh Schedule thereof) the Court has power to hear and determine, and
another Contracting State of the Lugano Convention (as the case may be). 3. Where an
iginating summons
notice of an
iginating summons is to be served out of the jurisdiction under rule 2, the time to be inserted in the summons within which the defendant served therewith shall enter an appearance (including an appearance entered solely to contest jurisdiction by virtue of Article 18 of the 1968 Convention
of the Lugano Convention) shall be: (a) five weeks after the service of the summons
notice of summons exclusive of the day of service where an
iginating summons
notice of an
iginating summons is to be served in the European territory of another Contracting State of the 1968 Convention
of another Contracting State of the Lugano Convention,
(b) six weeks after the service of the summons
notice of summons exclusive of the day of service where an
iginating summons
other
iginating document
notice of an
iginating summons
document is to be served under rule 2 in any non-European territory of any Contracting State of the 1968 Convention
of any Contracting State of the Lugano Convention. 4.
more defendants are parties to proceedings to which the provisions of this
der apply, but not every such co-defendant is domiciled in a Member State of the European Union
in a Contracting State of the 1968 Convention
a Contracting State of the Lugano Convention for the purposes of the 1998 Act
Regulation No. 44/2001, then the provisions of
der 11 requiring leave to serve out of the jurisdiction shall apply to each and every such co-defendant.
of the Lugano Convention concerning exclusive jurisdiction
of the 1968 Convention
Service of such proceedings on all co-defendants shall be governed by the provisions of this
der. 5.
the Lugano Convention), where the parties to any contract have agreed without conferring jurisdiction for the purpose of Article 17 of the 1968 Convention (
of the Lugano Convention), that service of any summons in any proceedings relating to such contract may be effected at any place within
without the jurisdiction on any party
on any person on behalf of any party
in any manner specified
indicated in such contract, then, in any such case notwithstanding anything contained in these Rules, service of any such summons at the place (if any)
on the party
on the person (if any
in the manner (if any) specified
indicated in the contract shall be deemed to be good and effective service wherever the parties are resident. If no place,
mode,
person be so specified
indicated, service shall be effected in accordance with these Rules.
of the Lugano Convention) concerning prorogation of jurisdiction apply and the
iginating summons is issued for service out of the jurisdiction without leave under rule 2 of this
der and is duly served in accordance with these Rules, the summons
notice of summons shall be deemed to have been duly served on the defendant. 6. Where the defendant is not,
is not known
believed to be, a citizen of Ireland, notice of summons and not the summons itself shall be served upon him. 7. Subject to the provisions of this
der notice in lieu of summons shall be given in the manner in which summonses are served. 8. Where a defendant wishes to enter an appearance to contest the jurisdiction of the Court for the purposes of Article 18 of the 1968 Convention
7 in Appendix A, Part II of these Rules. 9. For the purpose of this
der: “the 1998 Act” means the Jurisdiction of Courts and Enforcement of Judgments Act 1998; “domicile” is to be determined in accordance with the provisions of section 15 and the Ninth Schedule of the 1998 Act; “Contracting State of the 1968 Convention” means a Contracting State as defined by section 4
der 11A, rule 9; “summons” includes, where the context so admits
requires, any other
iginating document.” (vi) the insertion of the following as
der 11C immediately following
der 11B: “
der 11C Service out of the Jurisdiction under Council Regulation (EC) No. 2201/2003 (Matrimonial Matters and Matters of Parental Responsibility) 1. The provisions of this
der only apply to proceedings which are governed by the terms of Article 1 of Regulation No. 2201/2003 and, so far as practicable and applicable, to any
der motion
notice in any such proceedings. 2. Service of an
iginating summons
notice of summons out of the jurisdiction is permissible without the leave of the Court, if, but only if, it complies with the following conditions: (
marriage annulment between the same parties
, as the case may be, (ii) relating to parental responsibility relating to the same child and involving the same cause of action are pending in another Member State of the European Union (other than Denmark). 3. Where an
iginating summons
notice of an
iginating summons is to be served out of the jurisdiction under rule 2, the time to be inserted in the summons within which the defendant served therewith shall enter an appearance (including an appearance entered solely to contest jurisdiction) shall be: (a) five weeks after the service of the
iginating summons
notice of summons exclusive of the day of service where an
iginating summons
notice of an
iginating summons is to be served in the European territory of another Member State of the European Union (other than Denmark),
(b) six weeks after the service of the
iginating summons
notice of summons exclusive of the day of service where an
iginating summons
notice of summons is to be served under rule 2 in any non-European territory of any Member State of the European Union (other than Denmark). 4. Where two
more defendants are parties to proceedings to which the provisions of this
der apply, but not every such defendant is domiciled in a Member State of the European Union, the rules as to jurisdiction in Regulation No. 2201/2003 shall apply. 5. Where the defendant is not,
is not known
believed to be, a citizen of Ireland, notice of summons, and not the summons itself, shall be served upon him
her. 6. Subject to the provisions of this
der notice in lieu of summons shall be given in the manner in which summonses are served. 7. Where a defendant wishes to enter an appearance to contest the jurisdiction of the Court, he
she may do so by entering an appearance in Form No. 8 in Appendix A, Part II of these Rules. 8. Where in any proceedings a judgment is given of a kind referred to in Article 41
2201/2003, the Registrar shall, where the conditions specified in Article 41
, as the case may be, Article 42
IV, as appropriate to Regulation No. 2201/2003. Such certificate when signed shall be sealed with the seal of the High Court (
the Supreme Court, as the case may be). The Registrar shall provide such completed certificate to any party to the proceedings who requests same. 9. To the extent that any rules contained in
der 70,
der 70A,
der 133
any other
der of these Rules are inconsistent with the provisions of Regulation No. 2201/2003
of this
der providing for rules of court in respect of Regulation No. 2201/2003, the provisions of Regulation No. 2201/2003
of this
der providing for rules of court in respect of Regulation No. 2201/2003 shall prevail. 10. For the purpose of this
der: “domiciled” is to be determined in accordance with the provisions of Article 3 of Regulation No. 2201/2003; “Regulation No. 2201/2003” means Council Regulation (EC) No. 2201/2003 of 27 November 2003 (O.J. L. 338/1) concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, and, where the context so admits
requires, shall include reference to Council Regulation (EC) No. 1347/2000 of 29 May 2000 (O.J. L. 160/22) on jurisdiction and the recognition of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses, as amended, which latter Regulation is repealed as from the date of application of Council Regulation (EC) No. 2201/2003 and any reference to an Article of Council Regulation (EC) No. 2201/2003 shall include reference to the corresponding Article of Council Regulation (EC) No. 1347/2000 indicated in Annex V of Council Regulation (EC) No. 2201/2003; “resident” is to be determined in accordance with the provisions of Article 3 of Regulation No. 2201/2003; “summons” includes, where the context so admits
requires, any other
iginating document. (vii) the insertion of the following as
der 11D: “
der 11D Service of Documents outside of the Jurisdiction but within the EU (save the Kingdom of Denmark) (Regulation No. 1348/2000) 1. In this
der, unless the context
subject matter otherwise requires: “a Member State”
“Member States” means a Member State
the Member States of the European Union, with the exception of Denmark; “Receiving Agency” means the entities designated by the other Member States of the European Union pursuant to Article 2
commercial matters (O.J. L. 160/39) and any amendments thereto; “Regulation No. 44/2001” has the same meaning as in
der 11A, rule 9; “Regulation No. 2201/2003” has the same meaning as in
der 11C, rule 9; “summons” includes, where the context so admits
requires, any other
iginating document; “Transmitting Agency” means, as regards the State, the Offices of the County Registrar
such other public officers, authorities
other persons as are for the time being designated by the State pursuant to Article 2
der applies to the service of documents pursuant to Article 1 of Regulation No. 1348/2000. 3.
der referred to as the “requesting party”) may lodge with the Transmitting Agency: (
documents, in the form specified in the Annex to Regulation No. 1348/2000; (iii) an undertaking to pay the costs occasioned by the employment of a judicial officer
of a person competent under the law of the Member State(s) addressed
, where the applicant for service has specified that a particular method of service, as defined at Article 11
, as the case may be, of the office
offices of such other public officers, authorities
other persons as are for the time being designated by the State pursuant to Article 2
notice received from the Receiving Agency pursuant to Article 6
a copy thereof) to the requesting party. 4.
consular agents, by post
by direct service, in accordance with Articles 13, 14 and 15 of Regulation No. 1348/2000, save where the Member State in which it is desired to effect service has indicated, in accordance with Article 23
, as the case may be, the office
offices of such other public officers, authorities
other persons as are for the time being designated by the State pursuant to Article 2
entered in default of appearance in any proceedings to which this
der applies until it is established that: (i) the
iginating document was served by a method prescribed by the internal law of the Member State addressed for the service of documents in domestic actions upon persons who are within its territory;
(ii) the
iginating document was actually delivered to the defendant
to his residence by another method provided for by Regulation No. 1348/2000, and that in either case the service
delivery was effected in sufficient time to enable the defendant to defend the claim.
, as the case may be Regulation No. 2201/2003)
any amendment thereto, the Court has power to hear and determine, and (ii) no other Court has exclusive jurisdiction within the meaning of Regulation 44/2001
, as the case may be, of Regulation No. 2201/2003, to hear and determine such claim.
delivery has been received by the Transmitting Agency from the Receiving Agency in the Member State in which service was requested to be effected provided that: (
ders for any provisional
protective measures required by the plaintiff. 6.
on behalf of the moving party and the Court may, if satisfied that: (
iginating document in sufficient time to defend,
knowledge of the judgment in sufficient time to appeal it; and (iii) the defendant has disclosed a prima facie defence to the action on the merits, extend the time for appealing same, on such terms and conditions as appear just.
capacity of persons. 7. In the case of default of appearance by any defendant to an
iginating summons, the plaintiff shall: (i) in the case of a plenary summons (other than a personal injuries summons as defined in
der 1A) deliver a statement of claim by filing the same in the Central Office,
(ii) in the case of a special summons, file a grounding affidavit in the Central Office,
(iii) in the case of a personal injuries summons a summary summons
any other
iginating document, file an affidavit in the Central Office verifying the facts relied upon, and thereupon may apply to the Court for judgment in default of appearance. 8. Subject to the provisions of this
der
der 13 shall, so far as practicable, apply to applications under this
der for leave to enter judgment.” (viii) the insertion of the following as
der 12, rule 2
der 12, rule 2
iginating summons
a reply to an
iginating document in respect of proceedings issued for service out of the jurisdiction under
der 11A, rule 2,
der 11B, rule 2
der 11C, rule 2 (including an appearance
reply entered solely to contest jurisdiction) shall be entered— (a) within five weeks after the service of the summons
document exclusive of the day of service where an
iginating summons
other
iginating document
notice of summons
other
iginating document is served in the European territory of another Member State of the European Union
of another Contracting State of the Lugano Convention,
(b) within six weeks after the service of the summons
document exclusive of the day of service where an
iginating summons
other
iginating document
notice of summons
other
iginating document is served in any non-European territory of any Member State of the European Union
Contracting State of the Lugano Convention,
any co-defendant who is not domiciled in a Member State of the European Union
Contracting State of the Lugano Convention.
der 11B, rule 9; “domicile” is to be determined, as the case may be, in accordance with the provisions of Article 2 of Regulation 2201/2003
Articles 59 and 60 of Regulation No. 44/2001
section 15 and the Ninth Schedule of the 1998 Act; “Regulation No. 44/2001” has the same meaning as in
der 11A, rule 9; “Regulation No. 2201/2003” has the same meaning as in
der 11C, rule 9.” (ix) the insertion of the following as
der 13A, in substitution for the existing
der 13A: “
der 13A Default of Appearance under Regulation No. 44/2001, Regulation No. 2201/2003 and the Jurisdiction of Courts and Enforcement of Judgments Act 1998 1. Where an
iginating summons has been issued out of the jurisdiction under
der 11A rule 2
der 11B, rule 2
der 11C, rule 2 the plaintiff shall not be entitled to enter judgment except with leave of the Court. 2. An application for leave to enter judgment shall be made on notice and shall be supported by an affidavit stating that in the deponent's belief:
the 1998 Act (as the case may be) the Court has power to hear and determine; and
notice of the summons was served out of the jurisdiction under
der 11A, rule 2
der 11B, rule 2
der 11C, rule 2 such service has taken place in due and proper form; and giving in each case the source of grounds of such belief. 3. In the case of default of appearance by any defendant to an
iginating summons, the plaintiff shall:
der 1A), deliver a statement of claim by filing the same in the Central Office;
any other
iginating document, file an affidavit in the Central Office verifying the facts relied upon, and thereupon may apply to court for a judgement in default of appearance. 4. Subject to the provisions of this
der
der 13 shall, so far as practicable, apply to applications under this
der for leave to enter a judgment. 5. For the purpose of this
der— “1998 Act” means the Jurisdiction of Courts and Enforcement of Judgments Act 1998; “the 1968 Convention” means the Convention on jurisdiction and enforcement of judgments in civil and commercial matters (including the protocol annexed to that Convention), signed at Brussels on the 27th day of September 1968 including the 1978 Accession Convention, the 1982 Accession Convention, the 1989 Accession Convention and the 1996 Accession Convention; “the Lugano Convention” means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters signed at Lugano on the 16th day of September 1988 and includes Protocol 1; “Regulation No. 44/2001” has the same meaning as in
der 11A, rule 9; “Regulation No. 2201/2003” has the same meaning as in
der 11C, rule 9; “summons” includes, where the context so admits
requires, any other
iginating document.” (x) the insertion of the following as
der 19, rule 3A, in substitution for the existing
der 19 rule 3A: “3A. Where a statement of claim concerns a claim which the Court has power to hear and determine by virtue of Regulation No. 44/2001 Regulation No. 2201/2003, the 1968 Convention
the Lugano Convention, the following provisions shall apply:
the Lugano Convention to hear and determine the claim and shall specify the particular provision
provisions of Regulation No. 44/2001, Regulation No. 2201/2003, the 1968 Convention
the Lugano Convention (as the case may be) under which the Court should assume jurisdiction; and
(as the case may be) in a Contracting State of the Lugano Convention.
der— “1998 Act” means the Jurisdiction of Courts and Enforcement of Judgments Act 1998; “the 1968 Convention” has the same meaning as in
der 13A, rule 5; “Contracting State of the Lugano Convention” has the same meaning as in
der 11B, rule 9; “the Lugano Convention” has the same meaning as in
der 13A, rule 5; “Regulation No. 44/2001” has the same meaning as in
der 11A, rule 9; “Regulation No. 2201/2003” has the same meaning as in
der 11C, rule 9; (xi) the insertion of the following as
der 29, rules 8 and 9, in substitution for the existing
der 29 rules 8 and 9: “8. No defendant shall be entitled to an
der for security for costs in proceedings for the enforcement of a judgment under Chapter III of Regulation No. 44/2001, Chapter III of Regulation No. 2201/2003
of the 1968 Convention
of the Lugano Convention solely on the ground that the plaintiff is a foreign national
that he
she is not domiciled
resident in the State in which enforcement is sought. 9. For the purposes of rule 8— “the 1968 Convention” has the same meaning as in
der 13A, rule 5; “domicile” has the same meaning as in
der 12 rule 2
der 13A, rule 5; “Regulation No. 44/2001” has the same meaning as in
der 11A, rule 9; “Regulation No. 2201/2003” has the same meaning as in
der 11C, rule 9.” (xii) the insertion of the following as
der 42A, in substitution for the existing
der 42A: “
der 42A Protective Measures and Enforcement of Judgments, Authentic Instruments and Court Settlements under the Jurisdiction of Courts and Enforcement of Judgments Act 1998 Council Regulation (EC) No. 44/2001 and Council Regulation (EC) No. 2201/2003 1. An application for provisional, including protective, measures under Article 31 of Regulation No. 44/2001
section 13 of the 1998 Act (including an application for provisional (including protective) measures under the Lugano Convention by virtue of sections 13 and 20 of the 1998 Act)
of a kind referred to in Article 20 of Regulation No. 2201/2003 shall be made ex parte to the High Court. 2. An application for such provisional, including protective, measures shall be grounded upon an affidavit specifying the said measures pursuant to Article 31 of Regulation No. 44/2001
referred to in Article 20 of Regulation No. 2201/2003
section 13 of the 1998 Act (including an application for provisional (including protective) measures under the Lugano Convention by virtue of sections 13 and 20 of the 1998 Act). The affidavit by which the application is made, in addition to setting out the information and exhibition the documents necessary to ground the application, shall: (a) state the nature of the proceedings
intended proceedings and exhibit a certified true copy of the document
documents used
proposed to be used to institute the proceedings; (b) specify the Member State of the European Union
, in the case of applications under the Lugano Convention the Contracting State in which the proceedings have been commenced
are to be commenced; (c) state the particular provisions of Regulation No. 44/2001
of Regulation No. 2201/2003
the 1968 Convention
the Lugano Convention by which the court of the Member State of the European Union
, in the case of an application under the Lugano Convention, of the Contracting State has assumed jurisdiction
, in the case of intended proceedings, would be entitled to assume jurisdiction. 3. The Court may make ex parte any interim
der pursuant to Article 31 of Regulation No. 44/2001
2201/2003
section 13 of the 1998 Act upon such terms as to costs
otherwise
subject to such undertaking, if any, as the Court may think just; and any party affected by such
der may move to set it aside. Every application for an interlocutory
der pursuant to Article 31 of Regulation No. 44/2001
2201/2003
section 13 of the 1998 Act shall be brought by notice of motion. 4. An application for the enforcement of a judgment pursuant to Chapter III of Regulation No. 44/2001
2201/2003
section 7 of the 1998 Act shall be made ex parte to the Master. 5. An application for such enforcement shall be made by motion ex parte grounded upon an affidavit specifying the protective measures (if any) requested by the applicant pursuant to Article 47
section 13
a certified
otherwise duly authenticated copy thereof and the certificate referred to in Article 54 of Regulation No. 44/2001,
(b) in the case of an application pursuant to Article 28 of Regulation No. 2201/2003, the judgment which is sought to be enforced
a certified
otherwise duly authenticated copy thereof and the certificate referred to in Article 39 of Regulation No. 2201/2003 and, in the case of a judgment given in default, the
iginal
certified copy of a document which establishes that the party in default was served with the document
documents instituting the proceedings
with the equivalent document,
any document indicating that the defendant has accepted the judgment unequivocally,
(c) in any other case:
a certified
otherwise duly authenticated copy thereof;
iginal
certified copy of a document which establishes that the party in default was served with the document
documents instituting the proceedings
with an equivalent document
documents in sufficient time to enable him
her to arrange for his
her defence;
sums of money;
part thereof in accordance with the law of the state in which the judgment was given, and if such be the case, the rate of interest, the date from which the interest is recoverable, and the date on which interest ceases to accrue;
last known address
place of business of the person against whom judgment was given;
the judgment has not been fully satisfied, and the part
amount in respect of which it remains unsatisfied. 7. Where the party making the application under rule 4 does not produce the documents referred to in rules 5 and 6 of this
der, the Master may, if he
she sees fit, adjourn the application to allow the applicant an opportunity to produce the said documents
, alternatively accept equivalent documents,
dispense with the production of the said documents. 8. An
der granting leave to enforce a judgment under Chapter III of Regulation No. 44/2001
under Chapter III of Regulation No. 2201/2003
under section 8 of the 1998 Act shall state the period in accordance with Article 43(5 of Regulation No. 44/2001
2201/2003
of the 1968 Convention
of the Lugano Convention (as the case may be) within which an appeal may be made against the
der for enforcement, and shall contain a notification that execution of the judgment will not issue until after the expiration of that period and shall specify the protective measures (if any) granted pending execution. 9. Notice of an
der granting leave to enforce a judgment under Section 2 of Chapter III of Regulation No. 44/2001
under Section 2 of Chapter III of Regulation No. 2201/2003
under section 7 of the 1998 Act (as the case may be) shall be served together with the
der on the person against whom the
der was made by delivering it to him
her personally
in such other manner as the Master may direct. The provisions of
der 11A,
der 11B
der 11C as appropriate shall apply in relation to such a notice as they apply in relation to an
iginating summons. 10. The notice of enforcement shall state: (a) full particulars of the judgment declared to be enforceable and the
der for enforcement, (
der for enforcement, and (e) the period within which an appeal against the
der for enforcement may be made. 11. If enforcement is authorised by the Master the party against whom enforcement is sought may, subject to rules 12, 13 and 14 of this
der, appeal against the
der to the High Court within one month of service thereof. All such appeals may be brought by notice of motion which shall be served on the party in whose favour the
der for enforcement was granted by the Master. The High Court shall have power to stay the proceedings, on such terms as it sees fit, if an
dinary appeal has been brought against the judgment which is sought to be enforced in the Member State of the European Union (other than the State)
the Contracting State of the 1968 Convention
Contracting State of the Lugano Convention (other than the State) in which that judgment was given;
if the time for such an appeal has not yet expired, the High Court may specify the time within which such an appeal is to be lodged in the courts of that Member State of the European Union
that Contracting State of the 1968 Convention
Contracting State of the Lugano Convention (as the case may be). 12. In the case of enforcement proceedings under Chapter III of Regulation No. 2201/2003 if the party against whom enforcement is sought is habitually resident in a Member State of the European Union other than the State, the time for appealing shall be two months and shall run from the date of service, either on him
her personally
at his
her residence. 13. In the case of enforcement proceedings under Chapter III of Regulation No. 44/2001
of the 1968 Convention, if the party against whom enforcement is sought is domiciled in a Member State of the European Union other than the State, the time for appealing shall be two months and shall run from the date of service either on him
her personally
at his
her residence. 14. In the case of enforcement proceedings under Title III of the Lugano Convention, if the party against whom enforcement is sought is domiciled in a Contracting State of the 1968 Convention
Contracting State of the Lugano Convention other than the State the time for appealing shall be two months and shall run from the date of service, either on him
her personally
at his
her residence. 15. If the application for enforcement of the judgment is refused, the applicant may appeal to the High Court within five weeks from the perfection of the
der of the Master. The appeal shall be brought by notice of motion grounded upon an affidavit establishing that the party against whom enforcement is sought has been notified of the appeal and the date specified for the hearing of the appeal in sufficient time to enable him
her to arrange for his
her defence
, alternatively, that all necessary steps have been taken to this end. 16. Execution shall not issue on a judgment declared to be enforceable under Section 2 of Chapter III of Regulation No. 44/2001
under Section 2 of Chapter III of Regulation No. 2201/2003
under section 7 of the 1998 Act (as the case may be) until after the expiration of the period specified in accordance with rules 11, 12 13
14 (as the case may be) of this
der,
if that period has been extended by the Court, until after the expiration of any such extended period. If an appeal is made to the High Court under rules 11, 12, 13
14 of this
der, execution of the judgment shall not issue until after such appeal (including any further appeal on a point of law to the Supreme Court) is determined. Any party wishing to issue execution on a judgment declared to be enforceable under Section 2 of Chapter III of Regulation No. 44/2001
under Section 2 of Chapter III of Regulation No. 2201/2003
under section 7 of the 1998 Act (as the case may be) must produce to the appropriate officer an affidavit of service of the
der granting leave to enforce a judgment and of any
der made by the Master, the High Court
the Supreme Court (as the case may be) in relation to the judgment. 17. The following provisions shall apply to appeals on a point of law to the Supreme Court under Article 44 of Regulation No. 44/2001
2201/2003
of the 1968 Convention
of the Lugano Convention from a decision of the High Court granting
refusing recognition
enforcement (as the case may be) of a judgment:
der 58, rule 1 of these Rules; and such notice of appeal shall be served within five weeks from the perfection of the
der of the High Court.
matters submitted to him. Such copies shall be received for the use of the Supreme Court and shall be used and received at the hearing of the appeal. The Registrar of the Supreme Court shall further apply to such appropriate High Court Registrar for the transmission to him
her for the use of the Supreme Court of a file of all documents and papers relating to the case. If such note as aforesaid cannot be produced the Supreme Court shall have power to hear and determine the appeal upon any other evidence
statement of what occurred before the High Court Judge which the Supreme Court may deem sufficient.
der 58 shall, so far as practicable apply to an appeal on a point of law under Article 44 of Regulation No. 44/2001
under Article 34 of the Regulation No. 2201/2003
under Article 41 of the 1968 Convention
under Article 41 of the Lugano Convention. 18. The foregoing rules of this
der shall apply to an application for recognition of a judgment as they apply to an application for enforcement of a judgment with the exception that the applicant shall not be required to produce the documents referred to in
der 42A rules 5
der shall apply as appropriate to an application for the enforcement of an instrument
settlement referred to in Chapter IV of Regulation No. 44/2001, in Title IV of the 1968 Convention
in Title IV of the Lugano Convention
for the enforcement of an instrument
agreement referred to in Section 5 of Chapter III of Regulation No. 2201/2003. 20. Where any judgment,
der
document which is required for the purposes of this
der is not in one of the official languages of the State a translation thereof into the Irish
English language certified by a person competent and qualified for the purpose in one of the Contracting States of the 1968 Convention
Contracting States of the Lugano Convention, shall be admissible as evidence of same. The competence and qualification of the translator shall be verified by affidavit. 21. In the case of a judgment of the High Court
the Supreme Court sought to be enforced in another Member State of the European Union
in a Contracting State of the Lugano Convention, a Registrar of the High Court
the Registrar of the Supreme Court (as the case may be) shall, at the request of an interested party, give such party a copy of the
der and the written judgment (if any) of the Court duly authenticated. 22.
the Supreme Court sought to be enforced
recognised in another Member State of the European Union
a Contracting State of the Lugano Convention, any application for a certificate signed by a Registrar of the High Court
Registrar of the Supreme Court (as the case may be) shall be made on affidavit to the said Registrar.
provisions of Regulation No. 44/2001
of Regulation No. 2201/2003
of the 1968 Convention
of the Lugano Convention by which the Court assumed jurisdiction; (c) state the date on which the time for the lodging of an appeal against the judgment will expire
, if it has expired, the date on which it expired; (d) state whether notice of an appeal against,
in any case where the defendant does not appear, a notice to set aside, the judgment has been entered; (
iginating summons
other process by which the proceedings were begun together with one copy of all the proceedings.
be in the form in Annex I
II, as appropriate, to Regulation No. 2201/2003,
in any other case shall be in accordance with Form No. 1 in Part III of Appendix F and shall be sealed with the seal of the High Court (
the Supreme Court as the case may be), having annexed to it a certified true copy of the
iginating summons
other
iginating document by which the proceedings were commenced.
2201/2003 given in another Member State of the European Union, the application for such enforcement shall be by
iginating notice of motion entitled: “ The High Court Family Law In the Matter of Article 41
42 [as the case may be] of Regulation No. 2201/2003 And In the Matter of the Foreign Proceedings entitled “ ” ”.
iginating notice of motion shall be grounded on an affidavit exhibiting the documents referred to in Article 45 of Regulation No. 2201/2003 and shall specify the
ders
other reliefs sought from the Court for the purposes of the enforcement of the judgment.
iginating notice of motion. 24. For the purposes of this
der: “1998 Act” means the Jurisdiction of Courts and Enforcement of Judgments Act 1998; “the 1968 Convention” has the same meaning as in
der 13A, rule 5; “Contracting State of the Lugano Convention” has the same meaning as in
der 11B, rule 9; “the Lugano Convention” has the same meaning as in
der 13A, rule 5; “Regulation No. 44/2001” has the same meaning as in
der 11A, rule 9; “Regulation No. 2201/2003” has the same meaning as in
der 11C, rule 9. References in this
der to provisional, including protective, measures pursuant to,
referred to in, Article 20 of Regulation No. 2201/2003 shall not include reference to such measures which may be sought as interim directions pursuant to section 12
section 26 of the Child Abduction and Enforcement of Custody
ders Act 1991 , and to which
der 133, rule 6 applies.” (xiii) the insertion of the following as
der 121, rule 2A, in substitution for the existing
der 121 rule 2A: “2A. The delivery
service of any document under the Jurisdiction of Courts and Enforcement of Judgments Act 1998, Council Regulation (EC) No. 44/2001 of 22 December 2000 (O.J. L. 12 of 16 January 2001 and L. 307/28 of 24 November 2001) on jurisdiction and enforcement of judgments in civil and commercial matters
Council Regulation (EC) No. 2201/2003 of 27 November 2003 (O.J. L. 338/1) concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility, repealing Council Regulation (EC) No. 1347/2000, for which personal service is not required, shall be effected by leaving the document
a copy thereof (as may be appropriate) at,
sending the document
copy thereof (as may be appropriate) by registered pre-paid post to, the residence of place
business of the person to be served
the place of business of the Solicitor
Notary
other duly authorised agent (if any) acting for him in the proceedings to which the document relates.” (xiv) the amendment of the number and title of the existing
der 121A as “
der 121B: Service of Foreign Process (Denmark and outside the EU)” and the substitution in rule 1 therein for the definition of “A Convention Country” of the following: “ “A Convention Country” means a country which is party to the Convention, but excludes a country which is a Member State of the European Union in which Council Regulation (EC 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extra-judicial documents in civil
commercial matters is in force.” (xv) the insertion of the following as
der 121A: “
der 121A Service of Foreign Process (EU save the Kingdom of Denmark — Regulation No. 1348/2000) 1. The Master of the High Court as Central Body for Ireland for the purposes of Council Regulation (EC) 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extra-judicial documents in civil
commercial matters (O.J. L. 160/37) (and any amendments thereto) shall perform the functions of the Central Body referred to in Article 3 of that Council Regulation.” (xvi) the amendment of
der 133 by: (a) the insertion in rule 1, immediately following the definition therein of “the Central Authority” of the following: “Regulation No. 2201/2003” means Council Regulation (EC) No. 2201/2003 of 27 November 2003 (O.J. L. 338/1) concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility. References in this
der to the Hague Convention shall, where the context requires in relation to applications under the Hague Convention to which Regulation No. 2201/2003 relates, be deemed to include references to Regulation No. 2201/2003.”; (b) the substitution for sub-rule
section 25 of the Act shall be brought by way of special summons which shall be a family law summons and shall be entitled: “ The High Court Family Law In the Matter of the Child Abduction and Enforcement of Custody
ders Act 1991 And In the Matter of the Convention And In the Matter of [X], a minor Between AB Applicant And CD Respondent”. Where an application under section 9(2
section 10
der of non-return pursuant to Article 13 of the Hague Convention in a case to which Article 11 of Regulation No. 2201/2003 applies, the Registrar shall cause the transmission, through the Central Authority to the court with jurisdiction
central authority in the Member State of the European Union where the child was habitually resident before the wrongful removal
retention, of the documents specified in Article 11
der of non-return pursuant to Article 13 of the Hague Convention made concerning a child who was habitually resident in the State before his
her wrongful removal
retention, and no proceedings are in being before a Court in the State concerning the custody of
access to the child, the Central Authority shall issue an
iginating notice of motion entitled: “ The High Court Family Law In the Matter of Article 11
iginating notice of motion shall be grounded on an affidavit exhibiting the documents received pursuant to Article 11
iginating notice of motion shall be served on the parties referred to in Article 11
der of non-return pursuant to Article 13 of the Hague Convention made concerning a child who was habitually resident in the State before his
her wrongful removal
retention, and proceedings are in being before the Court concerning the custody of
access to the child, the Central Authority shall transmit the said documents to the appropriate office of the High Court
, as the case may be, to the Supreme Court Office.
der of non-return pursuant to Article 13 of the Hague Convention made concerning a child who was habitually resident in the State before his
her wrongful removal
retention (whether under sub-rule
otherwise), and proceedings are in being before a Court in the State concerning the custody of
access to the child, the Court shall (i) if such proceedings are in being before the High Court
Supreme Court, cause the Registrar to transmit copies of such documents to the parties to those proceedings by registered post
in such other manner as the Court may direct
(ii) if such proceedings are in being before another court in the State, cause the Registrar to transmit such documents to the appropriate office of that court.
der of non-return pursuant to Article 13 of the Hague Convention made concerning a child who was habitually resident in the State before his
her wrongful removal
retention, and no proceedings are in being before any Court in the State concerning the custody of
access to the child, the Court shall cause the Registrar to transmit copies of such documents to the persons appearing to have an interest in such
der by registered post
in such other manner as the Court may direct. Such persons shall also be notified of a date, within three months of the receipt of such documents, when the matter of the child shall be listed before the Court and any submissions by
on behalf of such persons heard. The title employed in proceedings in respect of the matter shall be the same title as in proceedings to which sub-rule
otherwise to participate in the matter
in any such proceedings.” (xvii) the insertion of the forms numbers 6, 7 and 8 in the First Schedule hereto as forms numbers 6, 7 and 8 in Part II of Appendix A. (xviii) the substitution of the form number 1 in the Second Schedule hereto as form number 1, in Part III of Appendix F.
CD, the defendant in person] To: The Registrar of the Central Office. Take Notice that I have this day entered an appearance without prejudice and solely to contest the jurisdiction of the court at the Central Office, Four Courts, Inns Quay, Dublin 7, for the above defendant to the [notice of]
iginating summons (
other
iginating document) in this action. Dated Signed To: No. 7 O.11B, r.8 THE HIGH COURT In the matter of the Jurisdiction of Courts and Enforcement of Judgments Act 1998 And in the matter of Article 18 of the Brussels Convention 1968 (
of the Lugano Convention, as the case may be) Between AB, Plaintiff and CD Defendant Enter an Appearance for CD, the [*-named] defendant in this action without prejudice and solely to contest the jurisdiction of the court. Dated Signed EF Solicitor for the [*-named] defendant The registered place of business of EF is __________________________ [
CD, the defendant in person] To: The Registrar of the Central Office. Take Notice that I have this day entered an appearance without prejudice and solely to contest the jurisdiction of the court at the Central Office, Four Courts, Inns Quay, Dublin 7, for the above defendant to the [notice of]
iginating summons (
other
iginating document) in this action. Dated Signed To: No. 8 O.11C, r.7 THE HIGH COURT In the matter of Council Regulation No. 2201/2003 Between AB, Plaintiff and CD Defendant Enter an Appearance for CD, the [*-named] defendant in this action without prejudice and solely to contest the jurisdiction of the court. Dated Signed EF Solicitor for the [*-named] defendant The registered place of business of EF is __________________________ [
CD, the defendant in person] To: The Registrar of the Central Office. Take Notice that I have this day entered an appearance without prejudice and solely to contest the jurisdiction of the court at the Central Office, Four Courts, Inns Quay, Dublin 7, for the above defendant to the [notice of]
iginating summons (
other
iginating document) in this action. Dated Signed To: SECOND SCHEDULE Appendix F No. 1 O.42A, r.22 CERTIFICATE Certificate of Judgment sought to be enforced
recognised in a Contracting State of the Brussels
Lugano Convention THE HIGH COURT [
THE SUPREME COURT] 20 No. Between AB, and CD, Plaintiff, Defendant. I, EF, a Registrar of the High Court of Ireland [
the Registrar of the Supreme Court of Ireland] hereby certify: 1. That the
iginating summons [
, other
iginating document as the case may be,] a certified true copy of which is annexed hereto was issued out of the Central Office of the High Court of Ireland on the ___ day of _______________ 20__, by AB, the above-named plaintiff against CD, the above-named defendant for (here state nature of the proceedings and the relief claimed).
iginating summons [
, other
iginating document as the case may be] was duly served on the ___ day of _________________ 20___, upon the said CD by (state mode of service). 4. The said CD entered an appearance [
did not enter an appearance]. 5. That CD was represented [
was not represented] at the hearing of the proceedings. 6. That the said plaintiff [
defendant] obtained judgment against the said defendant [
plaintiff] in the High Court [
Supreme Court] for (state relief
dered) [together with an
der for costs].
will expire] on the ___ day of ________________ 20___. 9. That no application to set the judgment aside [
no appeal against the judgment] has been brought within the time prescribed. 10. That enforcement of the judgment is not for the time being stayed
suspended and that the time available for its enforcement has not expired.
the Registrar of the Supreme Court of Ireland] _______________________________________ EXPLANATORY NOTE. (This note is not part of the Instrument and does not purport to be a legal interpretation.) These Rules prescribe procedures in respect of the jurisdiction recognition, enforcement and service of proceedings in relation to EU Regulations. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais
AI explanation based on the official legal text. Indicative, not a substitute for legal advice.