rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile Statutory InstrumentsIonstraimí Reachtúla 2013 S.I. No. 307/2013 - Rules of the Superior Courts (Lugano Convention, Maintenance and Service)
der 4, of sub-rule
der 4, by the substitution therein for rule 15 of the following rule: “15. A plaintiff suing in person shall indorse upon the summons and notice in lieu of service of a summons his occupation
description and an address for service, where summonses, notices, pleadings, petitions,
ders, warrants and other documents may be left for him.”; (iii) by the substitution for
ders 11A, 11B and 11C of the
ders set out in Schedule 1; (iv) by the substitution for sub-rule
der 12 of the following sub-rule: “
section 15 and the Ninth Schedule of the 1998 Act”; (v) in
der 12, rule 7, by the substitution therein for the words “an address for service within the jurisdiction” of the words “an address for service”; (vi) by the substitution for
der 13A of the
der set out in Schedule 2; (vii) by the substitution for
der 19, rule 3A of the following rule: “3A.Where a statement of claim concerns a claim which the Court has power to hear and determine by virtue of any of Regulation No. 44/2001, Regulation No. 2201/2003, the Lugano Convention
the 1968 Convention, the following provisions shall apply:
the 1968 Convention (as the case may be) to hear and determine the claim and shall specify the particular provision
provisions of the relevant instrument concerned under which the Court should assume jurisdiction; and
(as the case may be) in a Contracting State of the Lugano Convention.”; (viii) by the substitution for rules 8 and 9 of
der 29 of the following rules: “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, Title III of the Lugano Convention,
of the 1968 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, “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, Articles 59 and 60 of the Lugano Convention,
section 15 and the Ninth Schedule of the 1998 Act”; (ix) by the substitution for
der 42A of the
der set out in Schedule 3; (x) by the substitution for rule 9 of
der 63 of the following rule: “9.
der, including an
der as to costs, made by the Master may, within six days from the perfecting of the same,
if made ex parte from notice of the same,
in the case of a refusal from the date of such refusal, apply to the Court to discharge such
der
to make the
der refused.
der 42A, rule 13 applies shall not be six days but shall instead be as provided in
der 42A, rule 13.
der certificate issued by the Master in accordance with
der 42B
the issue of, declaration as enforceable of
refusal of, a European
der for payment by the Master in accordance with
der 42C.”; (xi) in
der 70, rule 6, by the substitution therein for the words “an address for service within the jurisdiction” of the words “an address for service”; (xii) in
der 76, rule 13
der 76 of sub-rule
der 76, rule 15, by the substitution therein for the words “at the address within the jurisdiction for the service of notices” of the words “at his address for service”; (xv) in
der 79, rule 43, by the substitution therein for the words “an address for service (within the jurisdiction)” of the words “an address for service”; (xvi) in
der 79, rule 49, by the substitution therein for the words “an address for service within the jurisdiction” of the words “an address for service”; (xvii) in
der 79, rule 55, by the substitution therein for the words “an address for service within the jurisdiction” of the words “an address for service”; (xviii) in
der 80, rule 50, by the substitution therein for the words “an address for service (within the jurisdiction)” of the words “an address for service”; (xix) in
der 84, rule 20
der 84A, rule 3, by the substitution therein for sub-paragraph (xvi) of the following sub-paragraph: “(xvi) the applicant’s address for service;”; (xxi) in
der 94, rule 17, by the substitution in paragraph (d) thereof for the words “the name and address in the City of Dublin of the applicant’s solicitor” of the words “the name and address of the applicant’s solicitor (if any)”; (xxii) in
der 94, rule 18, by the substitution in paragraph (c) thereof for the words “address for service within the jurisdiction” of the words “address for service”; (xxiii) in
der 94, rule 18, by the substitution in paragraph (d) thereof for the words “the name and address in the City of Dublin of the applicant’s solicitor” of the words “the name and address of the applicant’s solicitor (if any)”; (xxiv) in
der 94, rule 20, by the substitution therein for the words “address for service within the jurisdiction” of the words “address for service”; (xxv) in
der 94, rule 28, by the substitution in paragraph (d) thereof for the words “an address within the jurisdiction at which he can be served with any document” of the words “an address for service”; (xxvi) in
der 94, rule 28, by the substitution for paragraph (
der 97, rule 4
der 122, by the insertion immediately following rule 11 thereof of the following rule: “12.Where: (a) a provision of these Rules requires the delivery to
service on a party of any pleading
other document within a prescribed period after the delivery
service of a previous pleading
document
after another step in the proceedings, and (b) the party to whom the pleading
other document is to be delivered
on whom such pleading
other document is to be served has provided an address for service outside the jurisdiction, and (c) the pleading
other document can only be served in accordance with
der 11D, the delivery
service of the pleading
other document concerned shall be deemed to have been effected in time if lodged with the transmitting agency for the transmission and service of the pleading
other document in accordance with
der 11D within the prescribed period.; (xxix) by the substitution for rule 1 of
der 125 of the rule set out in Schedule 4, (xxx) by the deletion from rule 1 of
der 133 of the words: ““Regulation No. 2201/2003” means Council Regulation (EC) No. 2201/2003 of 27 November 2003 (OJ L 338/1) concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility.”, and (xxxi) by the substitution for forms numbers 6 and 7 in Part II of Appendix A of the forms in Schedule 5 bearing those numbers respectively. Schedule 1 “
der 11A Service out of the Jurisdiction under Council Regulation (EC) No. 44/2001
the Lugano Convention (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
by Article 1 of the Lugano Convention 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: (a) in the case of proceedings which are governed by Article 1 of Regulation No. 44/2001—
other
iginating document is one which, by virtue of Regulation No. 44/2001, the Court has power to hear and determine, and
(b) in the case of proceedings which are governed by Article 1 of the 2007 Lugano Convention—
other
iginating document is one which, by virtue of the Lugano Convention and the 1998 Act, 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
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
of another Contracting State of the Lugano Convention,
notice of summons exclusive of the day of service where an
iginating summons
notice of an
iginating summons is to be served in any non-European territory of another Member State of the European Union
of another 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: (i) a Member State of the European Union,
(ii) a Contracting State of the Lugano Convention, for the purposes of Regulation No. 44/2001, the Lugano Convention
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.
the Lugano Convention concerning exclusive jurisdiction,
44/2001
the Lugano Convention concerning prorogation of jurisdiction, apply. Service of such proceedings on all co-defendants shall be governed by the provisions of this
der. 5.
, as the case may be, of the Lugano Convention, where the parties to any contract have agreed without conferring jurisdiction for the purpose of Article 23 of either Regulation No. 44/2001
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.
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 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 24 of either Regulation No. 44/2001
the Lugano Convention, he may do so by entering an appearance in Form No. 6 in Appendix A, Part II. 9. While the Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters annexed to Council Decision No. 2005/790/EC of 20 September 2005 (OJ L 299/61 of 16 November 2005) signed at Brussels on 19 October 2005 and approved on behalf of the Community by Council Decision No. 2006/325/EC of 27 April 2006 (OJ L 120/22 of 5 May 2006) is for the time being in force, notwithstanding any other provision of these Rules to the contrary, the provisions of these Rules which relate to Regulation No. 44/2001 shall apply in relation to the Kingdom of Denmark, to the extent permitted, and subject to any modifications made necessary, by that Agreement, and the provisions of these Rules which relate to the 1968 Convention shall not apply. While at any time the said Agreement is not in force,
der 11B shall apply in relation to proceedings involving a defendant domiciled in the Kingdom of Denmark. 10. For the purpose of this
der: “domicile” is to be determined in accordance with the provisions of Articles 59 and 60 of Regulation No. 44/2001
, as the case may be, of Articles 59 and 60 of the Lugano Convention; “summons” includes, where the context so admits
requires, any other
iginating document.
der 11B Service out of the Jurisdiction under the Jurisdiction of Courts and Enforcement of Judgments Act 1998 (1968 Convention) 1. The provisions of this
der, subject to
der 11A, rule 9, 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) 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:
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) 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 state in which the 1968 Convention is in force,
(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 in any non-European territory of another state in which the 1968 Convention is in force. 4.
more defendants are parties to proceedings to which the provisions of this
der apply, but not every such co-defendant is domiciled in: (
(iii) a state in which the 1968 Convention is in force for the purposes of the 1998 Act, Regulation No. 44/2001
the Lugano Convention, then the provisions of
der 11 requiring leave to serve out of the jurisdiction shall apply to each and every such co-defendant.
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 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.
iginating summons is issued for service out of the jurisdiction without leave under rule 2 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: “domicile” is to be determined in accordance with the provisions of section 15 and the Ninth Schedule of the 1998 Act; “summons” includes, where the context so admits
requires, any other
iginating document.
der 11C Service out of the Jurisdiction under: Council Regulation (EC) No. 2201/2003 (Matrimonial Matters and Matters of Parental Responsibility) Council Regulation (EC) No. 4/2009 (Maintenance Obligations) 1. For the purpose of this
der: “domiciled” is to be determined in accordance with the provisions of Article 3 of Regulation No. 2201/2003; “the Maintenance Regulation” means Council Regulation (EC) No. 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (OJ L 7/1 of 10 January 2009); “relevant maintenance proceedings” means proceedings to which the Maintenance Regulation relates; “relevant matrimonial
parental proceedings” means proceedings to which Regulation No. 2201/2003 relates; “relevant Member State” means: (a) in the case of relevant maintenance proceedings, a Member State of the European Union other than the State,
(b) in the case of relevant matrimonial
parental proceedings, a Member State of the European Union other than the State
Denmark; “Regulation No. 2201/2003” means Council Regulation (EC) No. 2201/2003 of 27 November 2003 (OJ 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 (OJ 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”
“habitually resident” is to be determined, in relevant matrimonial
parental proceedings in accordance with the provisions of Article 3 of Regulation No. 2201/2003,
relevant maintenance proceedings in accordance with the provisions of Chapter II of the Maintenance Regulation; “summons” includes, where the context so admits
requires, any other
iginating document. 2. The provisions of this
der only apply to proceedings which are governed by the terms of Article 1 of Regulation No. 2201/2003
, as the case may be, Chapter II of the Maintenance Regulation and, so far as practicable and applicable, to any
der, motion
notice in any such proceedings. 3. The provisions of
der 4, rule 1A;
der 5, rule 14;
der 11D, rule 5
der 13A, rule 2;
der 19, rule 3A;
der 29, rule 8 and
der 121, rule 2A, as each such provision applies to Regulation No. 2201/2003, shall apply mutatis mutandis to the Maintenance Regulation, as if references therein to Regulation No. 2201/2003 were references to the Maintenance Regulation and with the necessary modifications. 4. 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: (a) the claim made by the summons is one which, by virtue of Regulation No. 2201/2003
, as the case may be, Chapter II of the Maintenance Regulation, the Court has power to hear and determine, and (
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 a relevant Member State;
(c) in the case of proceedings governed by Chapter II of the Maintenance Regulation, no proceedings relating to maintenance obligations arising from a family relationship, parentage, marriage
affinity between the same parties and involving the same cause of action are pending in a relevant Member State. 5. Where an
iginating summons
notice of an
iginating summons is to be served out of the jurisdiction under rule 4, 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 a relevant Member State,
(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 in any non-European territory of a relevant Member State. 6. Where two
more defendants are parties to proceedings to which the provisions of this
der apply, but not every such defendant is domiciled
habitually resident in the State
a relevant Member State, the rules as to jurisdiction in Regulation No. 2201/2003
, as the case may be, in the Maintenance Regulation, shall apply. 7. 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. 8. Subject to the provisions of this
der, notice in lieu of summons shall be given in the manner in which summonses are served. 9. 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. 10. 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. 11. To the extent that any rule contained in
der 70,
der 70A,
der 133
any other
der of these Rules is inconsistent with the provisions of Regulation No. 2201/2003, of the Maintenance Regulation
of this
der, the provisions of Regulation No. 2201/2003, of the Maintenance Regulation
of this
der shall prevail.” Schedule 2 “
der 13A Default of Appearance under Regulation No. 44/2001, Regulation No. 2201/2003, the Lugano Convention 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
the Lugano Convention
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 judgment 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, “summons” includes, where the context so admits
requires, any other
iginating document.”. Schedule 3 “
der 42A Protective Measures and Enforcement of Judgments, Authentic Instruments, Court Settlements and Decisions under the Jurisdiction of Courts and Enforcement of Judgments Act 1998, Council Regulation (EC) No. 1346/2000, Council Regulation (EC) No. 44/2001, Council Regulation (EC) No. 2201/2003 and Council Regulation (EC) No. 4/2009 1.
der:- “2007 Hague Protocol” means the Hague Protocol of 23 November 2007 on the law applicable to maintenance applications; “2011 Regulations” means the European Communities (Maintenance) Regulations 2011 ( S.I. No. 274 of 2011 ) as amended by the European Communities (Maintenance)(Amendment) Regulations 2011 ( S.I. No. 612 of 2011 ); “decision” has the same meaning as in Article 2.1.1 of the Maintenance Regulation; “insolvency judgment” means a judgment referred to in Article 25 of the Insolvency Regulation; the “Insolvency Regulation” means Council Regulation (EC) No. 1346/2000 of 29 May 2000 on insolvency proceedings (OJ L 160/1 of 30 June 2000); the “Maintenance Regulation” means Council Regulation (EC) No. 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (OJ L 7/1 of 10 January 2009); “relevant European Union instrument” means, as the case may be, (a) Regulation No. 44/2001,
(b) the Lugano Convention as applied by the 1998 Act,
(c) Regulation No. 2201/2003,
(d) the Insolvency Regulation,
(e) the Maintenance Regulation; “relevant
der” means, as the case may be: (a) an
der granting leave to enforce a judgment under Chapter III of Regulation No. 44/2001,
(b) an
der granting leave to enforce a judgment under Chapter III of Regulation No. 2201/2003,
(c) an
der granting leave to enforce a judgment under sections 7 and 8 of the 1998 Act,
(d) an
der granting leave to enforce a judgment under sections 20E and 20F of the 1998 Act,
(e) an enforcement
der under Article 30 of the Maintenance Regulation and Regulation 9
section 13 of the 1998 Act (including an application for provisional (including protective) measures under the Lugano Convention by virtue of section 20K of the 1998 Act),
(b) provisional, including protective, measures of a kind referred to in Article 20 of Regulation No. 2201/2003 (but not including any 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),
(c) preservation measures under Article 38 of the Insolvency Regulation,
(d) provisional, including protective, measures under Article 14 of the Maintenance Regulation.
der to an application to enforce a judgment, and to proceedings concerning a judgment pursuant to Regulation No. 44/2001 include reference to an application to enforce an insolvency judgment and to proceedings concerning an insolvency judgment pursuant to Regulation No. 44/2001, in accordance with Article 25
section 13 of the 1998 Act (including an application for provisional (including protective) measures under Article 31 of the Lugano Convention by virtue of section 20K of the 1998 Act),
(b) Article 20 of Regulation No. 2201/2003,
(c) Article 38 of the Insolvency Regulation,
(d) Article 14 of the Maintenance Regulation.
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 of the Lugano Convention in which the proceedings have been commenced
are to be commenced; (c) state the particular provisions of the relevant European Union instrument 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 of the Lugano Convention) has assumed jurisdiction
, in the case of intended proceedings, would be entitled to assume jurisdiction. 4. The Court may make ex parte any interim
der for relevant provisional measures 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 for relevant provisional measures shall be brought by notice of motion. 5.
2201/2003
section 7
, as the case may be, section 20E of the 1998 Act shall be made ex parte to the Master.
(b) of Article 75 of the Maintenance Regulation applies. 6. An application for enforcement referred to in rule 5
section 13
, as the case may be, section 20K, of the 1998 Act and exhibiting: (a) in the case of an application pursuant to Article 38 of Regulation No. 44/2001
, as the case may be, Article 38 of the Lugano Convention, the judgment which is sought to be enforced
a certified
otherwise duly authenticated copy thereof and the certificate referred to in Article 54 of Regulation No. 44/2001
, as the case may be, Article 54 of the Lugano Convention,
(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 to arrange for his 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. 8. An application for recognition and enforcement referred to in rule 5
translation (done in accordance with rule 19) of the content of the extract referred to in paragraph (b) into Irish
English. 9. Where the party making the application under rule 5 does not produce the documents referred to in rules 6, 7
8, the Master may, if he 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. 10. A relevant
der shall state the period in accordance with: (a) Article 43
(b) Article 33
(c) Article 36 of the 1968 Convention,
(d) Article 43
(
der for enforcement, and shall contain a notification that execution of the judgment
decision will not issue until after the expiration of that period and shall specify the protective measures (if any) granted pending execution. 11. Notice of the making of a relevant
der shall be served together with the relevant
der on the person against whom the relevant
der was made by delivering it to him 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. 12. The notice of enforcement shall state: (a) full particulars of the judgment
decision declared to be enforceable and the relevant
der; (
der was made to appeal to the High Court against the relevant
der, and (e) the period within which an appeal against the relevant
der may be made. 13.
der to the High Court within one month of service thereof
, where the relevant
der is made under the Maintenance Regulation, within thirty days of service thereof. All such appeals may be brought by notice of motion which shall be served on the party in whose favour the relevant
der 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).
at his residence.
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 personally
at his residence.
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 personally
at his residence.
at his residence. 14. If the application for enforcement of the judgment
recognition and enforcement of the decision 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 to arrange for his defence
, alternatively, that all necessary steps have been taken to this end. 15. Execution shall not issue on a judgment
decision in respect of which a relevant
der has been made until after the expiration of the period specified in accordance with the provision of rule 13 applicable to the proceedings concerned,
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 rule 13, execution of the judgment
decision 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
decision in respect of which a relevant
der has been made must produce to the appropriate officer an affidavit of service of the relevant
der concerned granting leave to enforce a judgment
decision and of any
der made by the Master, the High Court
the Supreme Court (as the case may be) in relation to the judgment
decision. 16.
(b) Article 34 of Regulation No. 2201/2003,
(c) Article 41 of the 1968 Convention,
(d) Article 44 of the Lugano Convention,
(e) Article 33 of the Maintenance Regulation from a decision of the High Court granting
refusing recognition
enforcement (as the case may be) of a judgment
decision.
der 58, rule 1, 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 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 mentioned in sub-rule
der shall apply to an application for recognition of a judgment
decision 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 rules 6(c)
der shall apply as appropriate to an application: (a) for the enforcement of an instrument
settlement referred to in Chapter IV of Regulation No. 44/2001,
(b) for the enforcement of an instrument
settlement referred to in Title IV of the 1968 Convention
in Title IV of the Lugano Convention,
(c) for the enforcement of an instrument
agreement referred to in Section 5 of Chapter III of Regulation No. 2201/2003,
(d) for the recognition
enforcement of a court settlement
authentic instrument referred to in Article 48 of the Maintenance Regulation. 19. Where any judgment, decision,
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 Member States of the European Union, Contracting States of the 1968 Convention
Contracting States of the Lugano Convention, as appropriate to the case, shall be admissible as evidence of same. The competence and qualification of the translator shall be verified by affidavit. 20. In the case of a judgment
decision 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. 21.
decision of the High Court
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
the 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
decision will expire
, if it has expired, the date on which it expired; (d) state whether notice of appeal against,
in any case where the defendant does not appear, a notice to set aside, the judgment
decision has been entered; (
iginating summons
other process by which the proceedings were begun together with one copy of all the proceedings.
decision of the High Court
the Supreme Court sought to be enforced
recognised in another Member State of the European Union, any application by a party for an extract in the form in Annex I
Annex II to the Maintenance Regulation, signed by a Registrar of the High Court
the Registrar of the Supreme Court (as the case may
certified copy of the
der recording the decision, and (
provisions of the Maintenance Regulation by which the Court assumed jurisdiction, (
Annex II to the Maintenance Regulation, as is within the applicant’s knowledge, in the sequence in which the information appears in the form concerned.
to the Lugano Convention,
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.
Annex II, as appropriate, to the Maintenance Regulation, and shall have annexed to it a certified true copy of the
iginating summons
other
iginating document by which the proceedings were commenced.
decision in default of appearance, the affidavit grounding an application under sub-rule
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.” Schedule 4 “1.In these Rules, unless there is anything in the subject
context repugnant thereto, the several words and expressions hereinafter mentioned shall have
include the meanings following: 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; the “1998 Act” means the Jurisdiction of Courts and Enforcement of Judgments Act 1998; the “Accountant” means the Accountant attached to the High Court
a deputy appointed by the Courts Service; “action” means a civil proceeding commenced by
iginating summons
in such other manner as may be authorised by these Rules, but does not include a criminal proceeding at the suit of the Attorney General; “the Acts” means the Courts (Establishment and Constitution) Act 1961 , and the Courts (Supplemental Provisions) Acts 1961 to 2012; “address for service” means a complete postal address (including, where relevant, any postcode
other identifying reference number) to be notified by every party to proceedings begun before the Court to every other party to the proceedings at which that party may be served with documents relating to the proceedings, which must, unless otherwise provided in these Rules
permitted by
der of the Court, be: (a) the place of business duly registered under the Solicitors Acts 1954 to 2008, either within the jurisdiction
within the jurisdiction of another state of the European Economic Area, of a solicitor who has been nominated to accept service on behalf of the party to be served
who is acting for the party to be served;
(b) the business address within the jurisdiction of a state of the European Economic Area of a registered lawyer (construed in accordance with Regulation 2 of the European Communities (Lawyers Establishment) Regulations 2003 ( S.I. No. 732 of 2003 )), who has been nominated to accept service on behalf of the party to be served
who is acting for the party to be served;
(c) where the party sues
defends in person— (i) an address within the jurisdiction at which the party resides
carries on a trade, profession
business;
(ii) an address within the jurisdiction of another state of the European Economic Area at which the party resides
carries on a trade, profession
business;
(
der 64, rule 1; “affidavit” in the case of a person allowed by law to declare instead of swearing, includes a declaration, “attested copy” means a copy attested by the Superintendent of Typists,
such officer
officers as may be designated by the President of the High Court; “authorised securities” means any investment in which money under the control
subject to the
der of any court may be invested pursuant to the provisions of the Trustees (Authorised Investments) Act 1958, section 3; “the Bank” means either, as the context requires, the Governor and Company of the Bank of Ireland
the bank of such Governor and Company; “cause” includes any action, suit
other
iginal proceeding between a plaintiff and defendant and any criminal proceeding; “Central Office” means the Central Office established by the Courts (Supplemental Provisions) Act 1961 ; “Chief State Solicitor” means the Chief Prosecution Solicitor where the Director of Public Prosecutions is a party
an intended party to proceedings
in respect of functions conferred on the Director of Public Prosecutions by section 3 of the Prosecution of Offences Act 1974
otherwise; “the Constitution” means the Constitution of Ireland enacted by the people on the 1st day of July, 1937; “Contracting State of the Lugano Convention” has the meaning assigned to a “state bound by the Convention” by section 20A
requires, include a lawyer,
lawyers, registered under the European Communities (Lawyers Establishment) Regulations 2003 (as amended) for the purpose of pursuing the professional activities of a barrister within the meaning of the said Regulations; “the Court” means either, as the context requires, the High Court
a Judge
Judges thereof, and includes the Master, the Examiner and the Probate Officer where they respectively have jurisdiction; the “Courts Service” means the Courts Service established by the Courts Service Act 1998 ; “defendant” includes every person served with an
iginating summons,
served with notice of,
entitled to attend, any proceedings; “land” includes messuages, tenements, hereditaments, houses and buildings of any tenure; the “Lugano Convention” has the meaning assigned to the “Convention” by section 20A
attending any proceedings, although not named on the record; “person” includes a body corporate (whether aggregate
sole) and an unincorporated body of persons; “petitioner” includes any person making an application to the Court, either by petition
motion, otherwise than as against a defendant; “plaintiff” includes any person seeking any relief (otherwise than by way of counter-claim as a defendant) against any other person by any form of civil proceeding; “pleading” includes an
iginating summons, statement of claim, defence, counter-claim, reply, petition
answer; “probate action” means any proceeding commenced by
iginating summons and seeking the grant
recall of probate,
letters of administration,
similar relief; “Regulation No. 44/2001” means Council Regulation (EC) No. 44/2001 of 22 December 2000, (OJ 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 as amended by Commission Regulation (EC) No. 1496/2002 of 21 August 2002 (OJ L 225/13) and by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded of 16 April 2003 (OJ L 236/33); “Regulation No. 2201/2003” means Council Regulation (EC) No. 2201/2003 of 27 November 2003 (OJ 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 (OJ 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; “sheriff” includes County Registrar when exercising the powers and functions of sheriff; “solicitor” shall, where the context so admits
requires, include a lawyer, registered under the European Communities (Lawyers Establishment) Regulations 2003 (as amended) for the purpose of pursuing the professional activities of a solicitor within the meaning of the said Regulations; “suit” includes action; “Superior Courts” means the Supreme Court, the High Court, the Court of Criminal Appeal, the Courts-Martial Appeal Court and the Central Criminal Court; “trust corporation” has the meaning given thereto by section 30
reproducing words in visible form and cognate words shall be construed accordingly; words importing the singular shall be construed as importing the plural and vice versa; words importing the masculine gender shall be construed as importing the feminine gender; references to any Regulation, Directive, Decision
Framework Decision adopted by the Council of the European Union, whether
not jointly with any other institution of the European Union, shall (save where any such amendment
extension does not have force of law in the State) be deemed to be references to such Regulation, Directive, Decision
Framework Decision as amended
extended from time to time.” Schedule 5 No. 6 O.11A, r. 8 THE HIGH COURT *In the matter of Article 24 of Council Regulation (EC) No. 44/2001 *In the matter of Article 24 of the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, done at Lugano on the 30th day of October 2007 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: † Insert as appropriate *Delete where inapplicable 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 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: † Insert as appropriate EXPLANATORY NOTE (This does not form part of the Instrument and does not purport to be a legal interpretation.) These rules amend various Rules of the Superior Courts to facilitate: I. The 2007 Lugano Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, II. the European Communities (Maintenance) Regulations (S.I. No.274/2011), giving effect to the Council Regulation (EC) 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations ("the Maintenance Regulation") and III. the removal of requirements for a plaintiff to have an address for service within the jurisdiction. 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.