Rules of the Superior Courts (Jurisdiction, Recognition and Enforcement of Judgments) 2016.

• Jurisdiction: Ireland
• Citation: IR SI 9/2016
• Year: 2016

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 15th January, 2016.

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 12th day of February 2015.

Susan Denham

Sean Ryan

Nicolas Kearns

William McKechnie

Anthony Barr

Paul McGarry

Gerard Meehan

Stuart Gilhooly

Michael Kavanagh

Mary Cummins

Noel Rubotham

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

Dated this 11th day of January, 2016.

FRANCES FITZGERALD,

Minister for Justice and Equality.

S.I. No. 9 of 2016

RULES OF THE SUPERIOR COURTS (JURISDICTION, RECOGNITION AND ENFORCEMENT OF JUDGMENTS) 2016

1. (1) These Rules, which may be cited as the Rules of the Superior Courts (Jurisdiction, Recognition and Enforcement of Judgments) 2016, shall come into operation on the 12th day of January 2016.

(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 2016.

(4) Notwithstanding the commencement of these Rules, any application to the High Court concerning:

(a) a judgment given in legal proceedings instituted in a Member State of the European Union (other than the State) before 10 January 2015;

(b) an authentic instrument formally drawn up or registered before 10 January 2015, or

(c) a court settlement approved or concluded before 10 January 2015,

which falls within the scope of Council Regulation (EC) No. 44/2001 of 22 December 2000 on jurisdiction and enforcement of judgments in civil and commercial matters may be commenced, continued and determined as if these Rules had not come into force.

2. The Rules of the Superior Courts are amended:

(i) by the substitution for rule 1A of Order 4 of the following rule:

“1A. Where an indorsement of claim on an originating summons concerns a claim which by virtue of Regulation No. 1215/2012, Regulation No. 2201/2003, the 1968 Convention or the Lugano Convention, the Court has power to hear and determine, the following provisions shall apply:

(1) The originating summons shall be endorsed before it is issued with a statement that the Court has the power under Regulation No. 1215/2012, Regulation No. 2201/2003, the 1968 Convention or the Lugano Convention to hear and determine the claim and shall specify the particular provision or provisions of Regulation No. 1215/2012, Regulation No. 2201/2003, the 1968 Convention or the Lugano Convention (as the case may be) under which the Court should assume jurisdiction.

(2) The originating 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 or in a Contracting State of the Lugano Convention.

(3) In matters referred to in Sections 3, 4 or 5 of Regulation No. 1215/2012 where the policyholder, the insured, a beneficiary of the insurance contract, the injured party, the consumer or the employee is the defendant, the originating summons shall be endorsed before it is issued with a statement that:

(i) the defendant has a right to contest the jurisdiction of the Court and that if he or she wishes to do so, he or she should enter an appearance to contest jurisdiction in accordance with Order 11A, rule 8, and

(ii) if he or she enters an unconditional appearance, the Court has jurisdiction under Article 26.1 of Regulation No. 1215/2012, and

(iii) if he or she does not enter an appearance, judgment may be given in default against him or her.”;

(ii) by the substitution for sub-rule (2) of rule 14 of Order 5 of the following sub-rule:

“(2) Service of an originating summons or other originating document or notice of an originating summons or other originating document out of the jurisdiction is permissible without the leave of the Court, if, but only if, it complies with the following conditions:

(i) each claim made by the summons or other originating document is one which by virtue of Regulation No. 1215/2012, Regulation No. 2201/2003, the 1968 Convention or the Lugano Convention, the Court has power to hear and determine, and

(ii) no proceedings between the parties concerning the same cause of action are pending between the parties in another Member State of the European Union or in a Contracting State of the Lugano Convention.”;

(iii) by the substitution for Order 11A of the Order set out in Schedule 1;

(iv) by the substitution for sub-rule (1) of rule 4 of Order 11B of the following sub-rule:

“4. (1) Where two or more defendants are parties to proceedings to which the provisions of this Order 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, or

(iii) a state in which of the 1968 Convention is in force,

for the purposes of the 1998 Act, Regulation No. 1215/2012 or the Lugano Convention, then the provisions of Order 11 requiring leave to serve out of the jurisdiction shall apply to each and every such co-defendant.”;

(v) by the deletion from rule 1 of Order 11D of the definition:

““Regulation No. 44/2001” has the same meaning as in Order 11A, rule 9;”

(vi) by the substitution for sub-rule (4) of rule 5 of Order 11D of the following sub-rule:

“(4) The affidavit referred to in sub-rule (3) shall also state that in the deponents belief:

(i) each claim made by the summons is one which, by virtue of Regulation No. 1215/2012 (or, as the case may be, Regulation No. 2201/2003) or any amendment thereto, the Court has power to hear and determine, and

(ii) no other Court has exclusive jurisdiction within the meaning of Regulation No. 1215/2012 or, as the case may be, of Regulation No. 2201/2003, to hear and determine such claim.”;

(vii) by the substitution for sub-rule (4) of rule 2 of Order 12 of the following sub-rule:

“(4) For the purposes of this rule:

“domicile” is to be determined, as the case may be, in accordance with the provisions of:

Article 2 of Regulation 2201/2003,

Articles 62 and 63 of Regulation No. 1215/2012,

Articles 59 and 60 of the Lugano Convention, or

section 15 and the Ninth Schedule of the 1998 Act”;

(viii) by the substitution for Order 13A of the Order set out in Schedule 2;

(ix) by the substitution for Order 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. 1215/2012, Regulation No. 2201/2003, the Lugano Convention or the 1968 Convention, the following provisions shall apply:

(1) The statement of claim shall be endorsed with a statement that the Court has power under Regulation No. 1215/2012, Regulation No. 2201/2003, the Lugano Convention or the 1968 Convention (as the case may be) to hear and determine the claim and shall specify the particular provision or provisions of the relevant instrument concerned under which the Court should assume jurisdiction; and

(2) The statement of claim shall be endorsed 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 or (as the case may be) in a Contracting State of the Lugano Convention.”;

(x) by the substitution for rules 8 and 9 of Order 29 of the following rules:

“8. No defendant shall be entitled to an order for security for costs in proceedings for the enforcement of a judgment under Chapter III of Regulation No.1215/2012, Chapter III of Regulation No. 2201/2003, Title III of the Lugano Convention, or Title III of the 1968 Convention solely on the ground that the plaintiff is a foreign national or that he or she is not domiciled or 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 62 and 63 of Regulation No. 1215/2012,

Articles 59 and 60 of the Lugano Convention, or

section 15 and the Ninth Schedule of the 1998 Act”;

(xi) by the substitution for Order 42A of the Order set out in Schedule 3;

(xii) by the substitution in rule 1 of Order 125 for the definition therein of “Regulation No. 44/2001” of the following definition:

““Regulation No. 1215/2012” means Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) (O.J. L. 351/1 of 20 December 2012)”, and

(xiii) by the substitution for Form No. 6 in Part II of Appendix A of the form in Schedule 4.

3. (1) The forms numbered 1A, 1B and 1C in Part 1 of Schedule 5 shall be added to the forms in Part I of Appendix F to the Rules of the Superior Courts immediately following Form No. 1:

(2) The forms numbered 1A, 1B and 1C in Part 2 of Schedule 5 shall be added to the forms in Part II of Appendix F to the Rules of the Superior Courts immediately following Form No. 1:

Schedule 1

“Order 11A

Service out of the Jurisdiction under Regulation (EC) No. 1215/2012 or the Lugano Convention (Civil and Commercial Matters)

1. The provisions of...