Rules of the Superior Courts (Personal Injuries) 2005

• Statutory Instrument No.: 248/2005

STATUTORY INSTRUMENTS

S.I. No. 248 of 2005

Rules of the Superior Courts (Personal Injuries) 2005

S.I. No. 248 of 2005

Rules of the Superior Courts (Personal Injuries) 2005

We, the Superior Courts 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 4th day of May, 2005. John L Murray Michael Cush Joseph Finnegan Anthony Hunt Brian McCracken Matthew Feely Richard Johnson Noel Rubotham William McKechnie Edmund Honohan Patrick Groarke Patrick O'Connor

I concur in the making of the following Rules of Court.

Dated this 19th day of May, 2005.

________________________

MICHAEL MCDOWELL

Minister for Justice, Equality and Law Reform

S.I. No. 248 of 2005

Rules of the Superior Courts (Personal Injuries) 2005 1. These Rules shall come into operation on the 2nd day of June 2005. 2. These Rules shall be construed together with the Rules of the Superior Courts 1986 to 2005 and may be cited as the Rules of the Superior Courts (Personal Injuries) 2005. 3. Order 1 of the Rules of the Superior Courts is hereby amended by the substitution for rule 2 thereof, of the following:

“2. An originating summons for the commencement of plenary proceedings with pleadings and to be heard on oral evidence (in these Rules called a plenary summons) shall, save in admiralty proceedings, and save in personal injuries actions as defined in Order 1A, be in the Form No. 1 in Appendix A, Part I”. 4. The Rules of the Superior Courts are hereby amended by the insertion immediately following Order 1 of the following Order as Order 1A:

“Order 1A

Procedure by Personal Injuries Summons

I. Preliminary

Definitions

1. In this Order unless the context or subject matter otherwise requires -

“the Act” means the Civil Liability and Courts Act 2004 ;

“personal injuries action” has the same meaning as in section 2 of the Act

and “action” shall be interpreted accordingly;

“personal injury” includes any disease and any impairment of a person's physical or mental condition;

“personal injuries summons” means a summons by which a personal injuries action is instituted in accordance with rule 3 of this Order;

“plaintiff” includes a deceased person, where a personal injuries action is instituted for the benefit of dependants of a deceased person;

“pleading” has the same meaning as in section 2 of the Act;

“Personal Public Service Number” means the Personal Public Service Number allocated and issued to a person under section 223 (inserted by section 14 of the Social Welfare Act 1998 ) of the Social Welfare (Consolidation) Act 1993 .

Application of this Order

2. (1) The provisions of this Order shall apply to personal injuries actions and to all proceedings in personal injuries actions.

(2) Save where otherwise expressly provided by this Order, in the event that any conflict shall arise between the provision of any rule of this Order and any other provision of these Rules, the provision of the rule of this Order shall, in respect of personal injuries actions, prevail.

(3) Without prejudice to the generality of sub-rule 2 Order 19, rules 1 and 3 and Order 21, rule 6 shall not apply in personal injuries actions.

II. Commencement of Proceedings

Personal injuries summons

3. A personal injuries action shall be instituted by an originating summons, for the commencement of plenary proceedings with pleadings and hearing on oral evidence, which shall be in the Form No. 1 in Appendix CC, to be called a personal injuries summons.

4. Save where otherwise expressly provided by this Order, the provisions of these Rules which apply to a plenary summons shall, with appropriate modifications, apply to a personal injuries summons.

5. (1) Where the action is being instituted for the benefit of dependants of a deceased person, the personal injuries summons shall specify the date of birth and Personal Public Service Number of the deceased person.

(2) Where the action is being instituted for the benefit of dependants of a deceased person, the name, address and date of birth of each such dependant shall be stated in the personal injuries summons.

(3) Where a plaintiff has not been issued with a Personal Public Service Number, this shall be stated in the personal injuries summons.

6. Where a plaintiff alleges that he was unable, at the time at which a personal injuries summons was issued, to include in the personal injuries summons any of the information required by this Order to be specified in the personal injuries summons, he shall include in the personal injuries summons a statement of the reasons why it is claimed that any such information could not be provided at the time of issue of the summons. The plaintiff shall, at the time the personal injuries summons is served or as soon as may be thereafter (whether by amendment or otherwise) provide such of the information required by this Order as was not included in the personal injuries summons.

III. Pleadings

7. (1) No statement of claim shall be required in a personal injuries action.

(2) Save where otherwise expressly provided by this Order, the provisions of these Rules which apply to a statement of claim shall, where appropriate and with appropriate modifications, apply to a personal injuries summons.

8. An appearance to a personal injuries summons shall be in the Form No. 5 in Appendix A, Part II of these Rules. A defence shall be delivered by each defendant in the Form No. 2 in Appendix CC within eight weeks of the service on such defendant of the plaintiff's personal injuries summons. Where any defendant makes a counterclaim, such counterclaim shall be in the Form No. 3 in Appendix CC and shall be appended to the defence.

9. A plaintiff who wishes to join issue with a defendant's defence may deliver a reply, within six weeks of the delivery of the defence. Any reply shall, if it contains any assertion or allegation of fact, be verified upon oath in accordance with rule 10. A plaintiff shall deliver a defence to any counterclaim within eight weeks of the delivery by such defendant to the plaintiff of the defendant's counterclaim. A defence to a counterclaim shall be in the Form No. 2 in Appendix CC, with such modifications as may be necessary, and shall comply with the requirements of the Act applicable to a defence.

IV. Verification of facts alleged.

10. (1) An affidavit of verification of a pleading or of further information requiring under section 14(1), 14(2) or 14(3) of the Act to be verified on oath shall be in the Form No. 4 in Appendix CC. If the affidavit is not separate to the pleading or other document concerned, it may be endorsed upon such pleading or other document.

(2) A copy of the affidavit of verification shall be delivered to the party to whom the pleading or other document is to be delivered. Where the affidavit is endorsed upon the pleading or other document, the copy of the affidavit shall be delivered within the time prescribed by these Rules for delivery of such pleading or other document. Otherwise, the affidavit shall be delivered within the time prescribed by section 14 of the Act for lodgment of the affidavit in court.

(3) An affidavit of verification shall be lodged in court as required by section 14(4) of the Act by filing the same in the Central Office.

(4) Where the copy of the affidavit of verification is delivered subsequent to delivery of the pleading or other document, the time prescribed by these Rules for delivery of any pleading or other document in reply shall run from the date of delivery of such copy.

V. Interlocutory Applications

11. (1) The following applications in a personal injuries action shall be made by motion to the Court on notice to the opposing party or parties grounded upon an affidavit sworn by or on behalf of the moving party:

(i) An application by a defendant under section 10(3 of the Act for a stay or dismissal of the action by reason of a plaintiff's failure to comply with section 10 of the Act;

(ii) An application by a defendant under section 11(3 of the Act for a stay or dismissal of the action by reason of a plaintiff's failure to provide further information requested under section 11(1) or section 11(2) of the Act;

(iii) An application by a plaintiff under section 12(3) of the Act for a stay of the action or for judgment by reason of a defendant's failure to comply with section 12 of the Act;

(iv) An application for an order for the delivery by the opposing party of further and better particulars of any pleading delivered by such party;

(v) An application by a party wishing to have evidence in the action given by affidavit, under section 19 of the Act.

An order sought in an application referred to in paragraph (i), (ii), (iii) or (iv) of this sub-rule shall not be made unless:

(a) the moving party shall have first written to the relevant opposing party requesting that such party agree to the moving party's request;

(b) a period of twenty eight days for compliance with the moving party's request has been allowed; and

(c) the party requested has failed. refused or neglected to comply with such request.

(2) No application for judgment or for other relief in default of pleading shall be granted in a personal injuries action unless the moving party has satisfied the Court that he has verified his previous pleadings in that action on oath.

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