Rules of the Superior Courts (Jurisdiction, Recognition and Enforcement of Judgments) 2017

• Jurisdiction: Ireland
• Citation: IR SI 457/2017
• Year: 2017

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 24th October, 2017.

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, the Courts of Justice Act, 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act 1961 , section 48), the Courts (Supplemental Provisions) Act 1961 , section 14, the European Communities (Rules of Court) Regulations 1972 ( S.I. No. 320 of 1972 ) and of all other powers enabling us in this behalf, do hereby make the following Rules of Court.

Dated this 20th day of July, 2017.

Susan Denham Sean Ryan Peter Kelly Elizabeth Dunne Mary Finlay Geoghegan Deirdre Murphy Michael Kavanagh Noel Rubotham John Mahon

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

Dated this 18th day of October, 2017.

CHARLES FLANAGAN

Minister for Justice and Equality

S.I. No. 457 of 2017

RULES OF THE SUPERIOR COURTS (JURISDICTION, RECOGNITION AND ENFORCEMENT OF JUDGMENTS) 2017

1. (1) These Rules, which may be cited as the Rules of the Superior Courts (Jurisdiction, Recognition and Enforcement of Judgments) 2017, shall come into operation on the 1st day of November 2017.

(2) These Rules shall be construed together with the Rules of the Superior Courts.

(3) The Rules of the Superior Courts as amended by these Rules may be cited as the Rules of the Superior Courts 1986 to 2017.

2. The Rules of the Superior Courts are amended:

(i) by the substitution for sub-rules (4), (5) and (6) of rule 23 of Order 42A of the following sub-rules:

“(4) The following applications to the Court concerning a judgment, authentic instrument or court settlement referred to in sub-rule (2) shall be made:

(a) where no proceedings concerning the judgment, authentic instrument or court settlement referred to in sub-rule (2) have already been commenced before the Court, by originating notice of motion to the Court entitled “In the matter of Regulation No. 1215/2012” and grounded upon an affidavit sworn by or on behalf of the moving party, or

(b) where proceedings concerning the same judgment, authentic instrument or court settlement referred to in sub-rule (2) have already been commenced before the...