Court Rules of Ireland

Superior Court Rules

Superior Court Rules and Forms Updates

Superior Court Rules, 1986 and Forms – Updated to 1 January 2024

Amendments on year:  2023,  2022,  2021,  2020,  2019,  2018,  2017,  2016,  2015,  2014,  2013,  2012,  2011,  2010,  2009,  2008,  2007,  2006,  2005,  2004,  2003,  2002,  2001,  2000,  1999,  1998,  1997,  1996,  1995,  1994,  1993,  1992,  1991,  1990,  1989,  1986

Note: SI nos listed here links directly to its respective page on the “Irish Statute Book”. Order and rules referenced link to its location where the changes occurred by the SI.

 Statutory Amendments 2023

SI Nos Amendments Commencement Date
606/23 Order 36, rule 33;
Order 52, rule 12;
Form:- Appendix C: No 19 (substituted)
8 December 2023
483/23 Order 39: rules 25, 26, 27, 28, 29, 30 (substituted);
Order 61, rule 18;
Order 63, rule 1(26);
Forms:- Appendix D, Part I: No 1, No 2, No 3, No 4, No 5
3 October 2023
482/23 Order 76 (substituted);
Forms:- Appendix O: No 1, No 2, No 8, No 11, No 13, No 15, No 19, No 33, No 34, No 50
3 October 2023
481/23 Order 74, rule 94 (deleted);
Forms:- Appendix M: No 54 (deleted)
1 October 2023
456/23 Order 19: rule 27, rule 28 22 September 2023
261/23 Order 9, rule 6;
Order 11, rule 1(i);
Order 12, rule 1;
Order 13, rule 1;
Order 15: rule 17, rule 21, rule 35;
Order 19, rule 13;
Order 22, rule 10;
Order 34: rule 4, rule 5;
Order 52, rule 17(6);
Order 55, rule 6;
Order 63, rule 1(3);
Order 67A (added);
Order 70A: rule 26(2A), rule 26(3);
Order 71, rule 3;
Order 77, rule 32(1);
Order 79: rule 26, rule 27;
Order 91, rule 4;
Order 96, rule 10;
Order 134A: rule 12, rule 14(2);
Forms:- Appendix K: No 20 (added), No 21 (added)
25 May 2023

 Statutory Amendments 2022

SI Nos Amendments Commencement Date
454/22 Order 27: rule 9, rule 15(2) 16 September 2022
218/22 Order 74C (added);
Order 75, rule 3(1)(b)
26 April 2022
186/22 Order 22, rule 1(9) 26 April 2022
185/22 Order 129: rule 3(1), rule 3(6), rule 4(1)(b), rule 5(4) 26 April 2022
122/22 Order 85A (added);
Forms:- Appendix DD: No 7, No 8 (added)
16 March 2022

 Statutory Amendments 2021

SI Nos Amendments Commencement Date
600/21 Order 67: rule 94, rule 95;
Form:- Appendix K: No 15 (substituted)
24 November 2021
530/21 Order 63A (substituted);
Order 94 (substituted)
22 October 2021
498/21 Order 42A (substituted) 12 October 2021
490/21 Order 13 (substituted);
Order 20 (substituted);
Order 21 (substituted);
Order 23, rule 6;
Order 27 (substituted);
Order 63, rule 1(8)
13 November 2021
196/21 Order 53 (substituted)
Order 53A (added)
Order 53B (added)
Order 53C (added)
Order 53D (added)
Order 53E (added)
5 May 2021
127/21 Order 40 (substituted) 31 March 2021
80/21 Part 8 of Schedule 1 1 March 2021
57/21 Order 105C (added) 18 Febraury 2021

 Statutory Amendments 2020

SI Nos Amendments Commencement Date
757/20 Order 95 (substituted) 11 February 2021
590/20 Order 79, rule 32;
Order 80, rule 34;
Forms:- Appendix Q, Part I: No 3, No 4, No 5 (substituted);
Appendix Q, Part II (deleted)
1 March 2021
495/20 Order 119 (substituted) 10 November 2020
257/20 Order 105 (substituted);
Order 106 (substituted);
7 August 2020
43/20 Order 139 (added)  

 Statutory Amendments 2019

SI Nos Amendments Commencement Date
584/19 Order 19, rule 1;
Order 22: rule 10(8)(i), rule 10(8)(ii);
Order 31: rule 3, rule 25;
Order 32: rule 2, rule 4;
Order 40, rule 3;
Order 41, rule 10;
Order 55, rule 2;
Order 58, rule 13;
Order 61, rule 12;
Order 61A, rule 2(xiv);
Order 63, rule 1(28);
Order 67, rule 98;
Order 70, rules 74-77;
Order 77: rule 3(1)(a), rule 8(1), rule 9(1), rule 10, rule 11, rule 16, rule 43, rule 44(1);
Order 94, rule 13(2);
Order 97, rule 20(1);
Order 99;
Forms:- Appendix D, No 3; Appendix E: No 4, No 6, No 7, No 8; Appendix F, Part I, No 1; Appendix F, Part II: No 1, No 10; Appendix L, No 7; Appendix P: No 4, No 5; Appendix W
3 December 2019
422/19 Order 65A, rule 13 (deleted) 2 September 2019
224/19 Forms:- Appendix A, Part I: No 1, No 2 19 June 2019
223/19 Order 20, rule 13;
Order 84C: rule 1(2), rule 3(1)(h), rule 11;
Forms:- Appendix B, Part I
19 June 2019
216/19 Order 1A, rule 6 19 June 2019
161/19 Forms:- Appendix W: Part I, Part V [substituion of the word “discretionary”] 29 April 2019
146/19 Order 11D, rule 1 15 April 2019
139/19 Order 39: rule 52, rule 52A 25 April 2019
66/19 Order 61A, rule 1;
Order 125, rule 1
15 March 2019

 Statutory Amendments 2018

SI Nos Amendments Commencement Date
583/18 Order 58: revised;
Forms:- Appendix FF: No 1, No 2, No 3, No 4 (deleted)
10 January 2019
482/18 Order 8, rule 1;
Order 122, rule 7
11 January 2019
470/18 Order 11D, rule 4(1) 10 December 2018
469/18 Order 86, rule 3(5);
Order 86A: rules 7-11 (deleted), rule 12, rule 16(1)(b), rule 17(1)(a), rule 18;
Forms:- Appendix U: No 4, No 5 (deleted)
10 December 2018
430/18 Order 1A: rule 1, rule 8A, rule 15, rule 16 31 October 2018
428/18 Order 110, rule 5;
Forms:- Appendix I: No 1, No 2, No 3
31 October 2018
381/18 Order 85, rule 14 17 October 2018
316/18 Order 136: rule 1A, rule 9, rule 15, rule 16, rule 17, rule 19 2 September 2018
234/18 Order 84A 3 August 2018
189/18 Order 61, rule 11;
Order 61A: (added)
15 June 2018
168/18 Order 42C: rule 11, rule 12;
Form:- Appendix F, Part IV, No 4
10 June 2018
63/18 Order 65A (added);
Forms:- Appendix LL: No 1, No 2, No 3, No 4, No 5, No 6, No 7, No 8, No 9
21 March 2018
13/18 Order 1A, rule 12(5);
Order 56A: revised;
Order 70A, rule 5;
Order 99, rule 1B [latest revision by SI 584/19];
Forms:- Appendix KK, No 1
22 January 2018

 Statutory Amendments 2017

SI Nos Amendments Commencement Date
475/17 Order 4: rule 14, rule 15;
Order 9: rule 2, rule 12, rule 16;
Order 12: rule 6, rule 7, rule 7A;
Forms:- Appendix A, Part I: No 1, No 2, No 3; Part II: No 1, No 5, No 6, No 7, No 8, No 9; Appendix V, No 1; Appendix CC, No 1
27 November 2017
457/17 Order 42A: rule 23(4), rule 23(5), rule 23(6), rule 23(7) [revised by SI 498/21] 1 November 2017
404/17 Order 5, rule 8;
Order 84, rule 1
2 October 2017
403/17 Order 121B: rule 1, rule 3(9) 2 October 2017
186/17 Order 4, rule 3A;
Order 19, rule 15
1 June 2017
156/17 Order 61, rule 2;
Order 86A: rule 8, rule 12(2) [revised by SI 469/18];
Order 42E (added)
15 May 2017

 Statutory Amendments 2016

SI Nos Amendments Commencement Date
471/16 Order 122: rule 4, rule 5 10 October 2016
450/16 Order 56B (added) 22 August 2016
255/16 Order 22, rule 1(1);
Order 63C (added);
Forms:- Appendix JJ: No 1, No 2
1 October 2016
254/16 Order 20, rule 12 (added);
Order 21, rule 23 (added);
Order 31, rule 30 (added);
Order 36: rule 1 (heading), rule 9, rule 41, rule 42, rule 43 (heading); Order 39, rules 55-61 (added)
1 October 2016
232/16 Order 76: rule 1(1) – delete Def: “the statutory sitting” – new insert following Def: “trustee”, rule 19(1)(c), rule 19(1)(g), rule 23, rule 26(1), rule 42 – delete, rule 43, rule 64(1), rule 67, rule 80(1), rule 80(4), rule 80(5), rule 100, rule 102(1), rule 103, rule 132, rule 161, rule 168(1)(c), rule 168(1)(d);
Forms:- Appendix O: No 11, No 13, No 14, No 19, No 32, No 34, No 34A, No 39
1 June 2016
161/16 Order 42D (added);
Forms:- Appendix F, Part V, No 1
10 May 2016
148/16 Order 121, rule 2(1) 3 May 2016
124/16 Order 61, rule 4 31 March 2016
83/16 Order 15, rule 16 25 February 2016
16/16 Order 70B: rule 1, rule 4(2)(e), rule 4(4)(e), rule 4(5)(f), rule 4(7)(c), rule 5A, rule 6(1)(j), rule 6(2)(a), rule 8(1)(a);
Form:- Appendix II, No 4
18 January 2016
10/16 Order 63: rule 9(1), rule 9(4) 13 January 2016
9/16 Order 4, rule 1A;
Order 5, rule 14(2);
Order 11A (substituted);
Order 11B, rule 4(1);
Order 11D: rule 1, rule 5(4);
Order 12, rule 2(4);
Order 13A (substituted);
Order 19, rule 3A;
Order 29: rule 8, rule 9;
Order 42A (substituted);
Order 125, rule 1;
Forms:- Appendix A, Part II, No 6; Appendix F, Part I: No 1A, No 1B, No 1C; Appendix F, Part II: No 1A, No 1B, No 1C
12 January 2016

 Statutory Amendments 2015

SI Nos Amendments Commencement Date
507/15 Order 76A: rule 5(1)(ad), rule 11(2), rule 11(5-5A), rule 20(2), rule 20(5-5A), rule 21A;
Forms:- Appendix O: No 53, No 54, No 55, No 56, No 58, No 59
20 November 2015
470/15 Order 84, rule 15;
Order 86C, rule 13(20);
Order 86D, rule 17(19)
23 November 2015
469/15 Order 70A: rule 1, rule 2, rules 23-31;
Order 79, rule 5(5);
Order 80, rule 6(5)
23 November 2015
345/15 Order 84: rule 22(2), rule 27(2A) 17 August 2015
255/15 Order 15, rule 39(1);
Order 52, rule 2(d);
Order 55, rule 52;
Order 74 (substituted);
Order 74A (added);
Order 74B (added);
Order 75 (substituted);
Order 77: rule 44(2), rule 78, rule 80, rule 91;
Order 84B, rule 1(1)(e);
Forms:- Appendix M: No 1, No 2, No 3, No 4, No 5, No 6, No 7, No 8, No 9, No 10, No 11, No 12, No 13, No 14, No 15, No 16, No 17, No 18, No 19, No 20, No 21, No 22, No 23, No 24, No 25, No 26, No 27, No 28, No 29, No 30, No 31, No 32, No 33, No 34, No 35, No 36, No 37, No 38, No 39, No 40, No 41, No 42, No 43, No 44, No 45, No 46, No 47, No 48, No 49, No 50;
Appendix N: No 1, No 2, No 3, No 4, No 5, No 6, No 7, No 8, No 9, No 10, No 11, No 12
1 July 2015

 Statutory Amendments 2014

SI Nos Amendments Commencement Date
600/14 Order 76, rule 29(1) 31 December 2014
539/14 Forms:- Appendix FF: No 3, No 4 24 November 2014
492/14 Supreme Court, Court of Appeal and High Court (Fees) Order 2014 30 October 2014
485/14 Order 7, rule 2(2); Order 11C, rule 10;
Order 40, rule 7; Order 41, rule 6;
Order 42, rule 35;
Order 42A: rule 15; rule 16(2); rule 20; rule 21(1); rule 21(3); rule 21(4);
Order 42B: rule 1; rule 4(3); rule 5(1); rule 6(2); rule 7(1); rule 9(1); rule 9(2); rule 10(1);
Order 52, rule 2;
Order 57: rule 1(b); rule 2(1)(c); rule 11;
Order 58;
Order 59 update awaiting;
Order 74: rule 133(1), rule 134 [Order revised by SI 255/15];
Order 84, rule 15(1)(i) [rule 15 revised by SI 470/15];
Order 86; Order 86A;
Order 86B (added);
Order 86C (added);
Order 86D (added);
Order 87;
Order 99: rule 1, rule 1(4A), rule 1(5), rule 1A(1), rule 1B [Order revised by SI 584/19];
Order 110: rule 2(b); rule 3; rule 4;
Order 114, rule 1;
Order 115; Order 116;
Order 117: rule 3; rule 4(a); rule 5(g);
Order 117A: rule 1; rule 2(1); rule 4(f);
Order 118: rule 1; rule 2; rule 4(1);
Order 119: rule 1(1); rule 2(1);
Order 123: rule 1; rule 6(1); rule 6(2); rule 7; rule 8(b); rule 9(1);
Order 125: rule 1; rule 4(1); rule 4(1A);
Order 133: rule 11(3); rule 11(4);
Forms:- Appendix F, Part II, No 3; Appendix F, Part III, No 1; Appendix F, Part IV, No 2; Appendix FF: No 1, No 2, No 3, No 4; Appendix U: No 1, No 2, No 3, No 4, No 5, No 6, No 7, No 8, No 9, No 10, No 11, No 12, No 13, No 14, No 15, No 16, No 17, No 18, No 19, No 20, No 21, No 22, No 23, No 24, No 25, No 26, No 27, No 28, No 29, No 30, No 31, No 32, No 33, No 34, No 35, No 36, No 37, No 38, No 39, No 40, No 41, No 42, No 43, No 44, No 45, No 46, No 47, No 48, No 49, No 50, No 51, No 52, No 53, No 54, No 55, No 56, No 57, No 58; Appendix V, No 8; Appendix GG
28 October 2014
293/14 Order 62, rule 1 21 July 2014
278/14 Order 85, rule 13;
Order 86, rule 14(5) [Order revised by SI 485/14]
7 July 2014
277/14 Order 125, rule 1 (‘registered post’) 7 July 2014
16/14 Order 4, rule 5(2);
Order 99, rule 40
3 February 2014

 Statutory Amendments 2013

SI Nos Amendments Commencement Date
461/13 Order 76: rule 1(1); rule 11; rule 13; rule 19(1)(h); rule 26(4); rule 27; rule 80; rules 88-89; rule 101; rules 136-140; rule 141(1); rule 142(2); rules 144-158; rule 160(1); rules 162-168;
Forms:- Appendix O: No 1, No 2, No 4, No 6, No 11, No 13, No 15, No 23, No 24, No 35, No 46, No 48
3 December 2013
396/13 Order 22: rule 7; rule 14 11 November 2013
395/13 Forms:- Appendix M: No 3, No 4 11 November 2013
316/13 Order 76A (added);
Forms:- Appendix O: No 51, No 52, No 53, No 54, No 55, No 56, No 57
9 August 2013
307/13 Order 4: rule 1A(3); rule 15;
Order 11A; Order 11B; Order 11C;
Order 12: rule 2(4); rule 7; Order 13A;
Order 19, rule 3A; (updated by [SI 9/16])
Order 29: rule 8 (updated by [SI 9/16]), rule 9 (updated by [SI 9/16]);
Order 42A; Order 63, rule 9;
Order 70, rule 6;
Order 76: rule 13(1); rule 13(3); rule 15;
Order 79: rule 43; rule 49; rule 55;
Order 80, rule 50;
Order 84, rule 20(2)(v);
Order 84A, rule 3(xvi) [Order revised by SI 234/18];
Order 94: rule 17(d); rule 18(c)-(d); rule 20; rule 28(d)-(e);
Order 97, rule 4(1)(b);
Order 122, rule 12;
Order 125, rule 1;
Order 133, rule 1;
Forms:- Appendix A, Part II: No 6, No 7
26 August 2013
117/13 Order 98: Title; rule 1; rules 18-25;
Order 136, rules 48-55;
Forms:- Appendix AA: No 14, No 15, No 16, No 17, No 18
15 April 2013
116/13 Order 72A, rule 3(1) 15 April 2013
101/13 Order 123: rule 1; rule 9 8 April 2013

 Statutory Amendments 2012

SI Nos Amendments Commencement Date
488/12 amendments:- Order 67, rule 92;
Order 77, rule 43
28 December 2012
487/12 Order 40: rule 13A, rule 14, rule 14A, rule 14B [Order revised by SI 127/21] 28 December 2012
400/12 Order 119, rule 2 23 October 2012
357/12 Order 56A, rule 5 15 October 2012
356/12 Order 75: rule 25(3)(ce), rule 28(4), rule 30(2) [Order revised by SI 255/15] 15 October 2012
355/12 Order 36: rule 2, rule 15;
Forms:- Appendix C: No 18, No 19
15 October 2012
150/12 Order 56, rule 6A 6 June 2012
121/12 Order 74 (revised);
Order 75A: rule 1, rule 3, rule 3A, rule 6(4), rule 23;
Forms:- Appendix M: No 1, No 2, No 5, No 10, No 35A, No 53
20 April 2012
120/12 Order 76 (revised);
Forms:- Appendix O: No 9, No 11, No 13, No 15, No 19, No 21A, No 23, No 26, No 33, No 34, No 50
20 April 2012
114/12 Order 58: rule 24(1-3), rule 25, rule 28, rule 29;
Order 85, rule 2;
Order 86: rule 1, rule 3, rule 4, rule 5, rule 6, rule 7, rule 8(2), rule 8(3), rule 9(3), rule 11(1-2), rule 11(4-5), rule 12, rule 13(1-2), rule 14(4), rule 15, rule 16(1-2), rule 17(1), rule 18(1), rule 20(1), rule 23(1-2), rule 25(1), rule 26, rule 26A, rule 28(1), rule 31(1), rule 31(5-8), rule 31A, rule 34 [Order revised by SI 485/14]; Order 87, rule 3;
Forms:- Appendix FF: No 4, No 5, No 6; Appendix U: No 1, No 2, No 3, No 4, No 5, No 6, No 8, No 9, No 20
28 April 2012
15/12 Order 121, rule 2 1 February 2012

 Statutory Amendments 2011

SI Nos Amendments Commencement Date
693/11 Order 86A, rule 1 1 January 2012
692/11 Order 79, rule 3;
Order 117A (added)
11 January 2012
691/11 Order 84, rules 18-28;
Form:- Appendix T, No 13
1 January 2012
524/11 Order 119, rule 2 14 October 2011
348/11 Order 70B (added);
Order 79, rule 5(1)(ab); Order 80, rule 6(1)(ab);
Forms:- Appendix II: No 1, No 2, No 3, No 4
31 July 2011
2/11 Order 40, rule 2;
Order 50: rule 20, rule 25;
Order 52, rule 2;
Order 55: rule 40, rule 47, rule 49, rule 52;
Order 74: rule 6, rule 24(1), rule 33
1 February 2011

 Statutory Amendments 2010

SI Nos Amendments Commencement Date
503/10 Order 15, rule 39 16 November 2010
502/10 Order 56A (added);
Order 99, rule 1B [Order revised by SI 584/19]
16 November 2010
420/10 Order 84A (substituted) 8 September 2010
361/10 Order 11: rule 1(k), rule 1(l), rule 1(q), rule 1(s);
Order 56 (substituted);
Order 56A (substituted);
Order 62, rule 2 (deleted);
Order 63A, rule 1(c);
Order 99, rule 14(b) [Order revised by SI 584/19]
17 August 2010
209/10 Order 36: rule 1, rule 2(a), rules 24-27 10 June 2010
208/10 Order 75: title, rules 26-32;
Forms:- Appendix N: No 11, No 12
9 June 2010
149/10 Order 3: rule 3, rule 9A, rules 11-12, rules 15-15B;
Order 5, rule 4(2)(c);
Order 15, rule 31;
Order 33, rule 12;
Order 54, rule 3;
Order 63, rule 1(29);
Order 72A (added); Order 96, rule 14;
Forms:- Appendix C: No 31, No 32, No 33
10 May 2010
54/10 Order 136: title, rule 10, rules 18-21, rule 24 (deleted), Part V (rules 33-49);
Forms:- Appendix HH: No 1, No 2
16 March 2010

 Statutory Amendments 2009

SI Nos Amendments Commencement Date
582/09 Order 85, rule 1 (“the proper officer”, “the Registrar”);
Order 86, rule 1 (“the Registrar”);
Order 86A, rule 1 (“the Registrar”);
Order 114, rule 1;
Order 116: rule 1, rule 2, rule 3(6) [Order revised by SI 485/14];
Order 125, rule 4
11 Janaury 2010
511/09 Order 1B (added);
Order 22: rule 1(1A), rule 1(3);
Order 36, rule 36;
Forms:- Appendix B, Part II
1 January 2010
354/09 Order 118, rule 4(2) 5 October 2009
280/09 Order 11E, rule 1 (“A Convention Country”);
Order 121B, rule 1 (“A Convention Country”);
Order 11D (substituted);
Order 121A (substituted)
20 August 2009
271/09 Order 28, rule 11 17 August 2009
270/09 Order 86A (substituted);
Order 125 (“Superior Courts”);
Forms:- Appendix GG: No 1, No 2, No 3, No 4, No 5, No 6, No 7, No 8, No 9, No 10, No 11, No 12, No 13, No 14, No 15, No 16, No 17, No 18, No 19, No 20, No 21
20 July 2009
95/09 Order 40, rule 14 16 April 2009
93/09 Order 31: rule 12, rule 20(1);
Forms:- Appendix C, No 10
16 April 2009
10/09 Order 58: rule 24, rule 25, rule 26, rule 27;
Order 84, rule 28;
Order 84B, rule 1(1)(h);
Order 85, rule 12;
Order 86: rule 5, rule 8(1), rule 31(7), rule 39 [Order revised by SI 485/14];
Order 138 (added);
Forms:- Appendix DD: No 2, No 3, No 4, No 5, No 6;
Appendix FF: No 1, No 2, No 3;
Appendix U: No 28, No 29;
9 February 2009

 Statutory Amendments 2008

SI Nos Amendments Commencement Date
562/08 Order 118, rule 4(2) 16 December 2008
551/08 Order 2, rule 1(1);
Order 42C (added); Order 63, rule 9;
Forms:- Appendix F, Part IV: No 3, No 4
16 December 2008
529/08 Order 134A (added);
Forms:- Appendix GG: No 1, No 2, No 3
29 December 2008
325/08 Order 58: rule 23(3), rule 23(4) [Order revised by SI 583/18];
Order 86: rule 1, Part VII (heading), rule 14, rule 17(2), rule 26 [revised by SI 485/14];
Order 123 (substituted);
Order 125, rule 1 (“the Courts Service”)
10 September 2008
190/08 Order 105B (added) 9 July 2008
31/08 Order 12, rule 2(2A)(a);
Order 13, rule 2A [revised by SI 490/21];
Order 63A, rule 1(h);
Order 81A (added)
12 March 2008
12/08 Order 99: rule 1(3), rule 1(4), rule 1(4A), rule 1A, rule 5 [Order revised by SI 584/19] 21 February 2008

 Statutory Amendments 2007

SI Nos Amendments Commencement Date
597/07 Order 85, rule 11;
Form:- Appendix DD, No 1
26 Septemebr 2007
417/07 Order 128 (substituted);
Forms:- Appendix EE: No 1, No 2, No 3, No 4
1 August 2007
416/07 Order 46, rule 1 1 August 2007
407/07 Order 11A, rule 8A [Order revised by SI 9/16];
Order 11B, rule 9 (“the 1968 Convention”);
Order 11D: title, rule 9;
Order 11E, title;
Order 125, rule 1
29 June 2007
14/07 Order 3, rule 21;
Order 12, rule 2(2A);
Order 13, rule 2A [revised by SI 490/21];
Order 84B (added);
Order 84C (added);
Form:- Appendix A, Part II, No 9
13 February 2007
13/07 Order 39: rule 5, rule 5A;
Form:- Appendix D, Part II, No 4 (sentences amended)
13 February 2007

 Statutory Amendments 2006

SI Nos Amendments Commencement Date
597/06 Order 137 (added) 3 January 2007
461/06 Order 63B, rule 1 (“competition proceedings”) 26 Septemebr 2006
315/06 Order 91A (added) 19 June 2006
242/06 Order 11, rule 1(r);
Order 136 (added)
5 June 2006
196/06 Order 119, rule 1 25 April 2006
109/06 Order 11, rule 1(s);
Order 56: rule 4(g), rule 4(h), rule 4 (last para) [Order revised by SI 361/10];
Order 56A (added)
31 March 2006
23/06 Order 135 (added) 21 Febraury 2006
3/06 Order 42B (added);
Order 63, rule 9;
Forms:- Appendix F, Part IV: No 1, No 2
7 February 2006

 Statutory Amendments 2005

SI Nos Amendments Commencement Date
688/05 Order 75: rule 1 (“the Acts”, “the Principal Act”), rule 24 5 December 2005
674/05 Order 133 inserted by SI 884/04 is renumbered as Order 134 26 November 2005
506/05 Order 4, rule 1A;
Order 5, rule 14;
Order 11A (substituted);
Order 11B changed to Order 11E;
Order 11B (added);
Order 11C (added);
Order 11D (added);
Order 12: rule 2(3), rule 2(4);
Order 13A (substituted);
Order 19, rule 3A;
Order 29: rule 8, rule 9;
Order 42A (substituted);
Order 121, rule 2A;
Order 121A changed to Order 121B;
Order 121A (added);
Order 133: rule 1, rule 2(1), rule 6, rule 10, rule 11;
Forms:- Appendix A, Part II: No 6, No 7, No 8;
Appendix F, Part III, No 1
10 August 2005
502/05 Order 74, rule 144 [Order revised by SI 255/15];
Forms:- Appendix M: No 52, No 53
 
295/05 Order 85, rule 10 8 July 2005
294/05 Order 58, rule 23;
Order 97 (substituted);
Forms:- Appendix V: No 1, No 2, No 3, No 4, No 5, No 6, No 7, No 8
8 July 2005
293/05 Order 106 (substituted) 8 July 2005
249/05 Order 22, rule 15 2 June 2005
248/05 Order 1, rule 2;
Order 1A (added);
Order 4, rule 2;
Order 13, rule 6A [revised by SI 490/21];
Order 13A, rule 3;
Order 19, rule 5(1);
Order 58, rule 3(3-4);
Order 121, rule 9;
Order 122, rule 7;
Forms:- Appendix CC: No 1, No 2, No 3, No 4, No 5;
Appendix A, Part II, No 5
2 June 2005
247/05 Order 70A: rule 29, rule 30;
Form:- Appendix KK, No 8
2 June 2005
130/05 Order 63B (added);
Forms:- Appendix Y: No 1, No 2, No 3
 
51/05 Order 77 (substituted);
Forms:- Appendix P: No 7, No 8, No 9, No 9A, No 9B, No 12, No 13, No 14, No 15, No 16, No 17, No 18
 
23/05 Order 98 (amended);
Forms:- Appendix AA: No 1, No 2, No 3, No 4, No 5, No 6, No 7, No 8, No 9, No 10, No 11, No 12, No 13
20 February 2005
15/05 Order 52, rule 18;
Order 53: Title, rule 18-23 [Order revised by SI 196/21];
Order 125, rule 1 (“Counsel”, “Solicitor”)
11 February 2005

 Statutory Amendments 2004

SI Nos Amendments Commencement Date
884/04 Order 133 (added) renumbered as Order 134 by SI 674/05 23 December 2004
815/04   29 December 2004
813/04 Order 103, rule 9 29 December 2004
812/04 Form:- Appendix U, No 3 29 December 2004
811/04 Order 84, rule 5(1) 29 December 2004
810/04 Order 102A (added)  
767/04 Order 85 (substituted);
Order 116, rule 3(5)
3 January 2005
701/04 Order 53 (substituted);
Form:- Appendix H, No 1
25 September 2004
517/04 Order 4, rule 3A;
Order 22, rule 10(11);
Order 41, rule 20;
Order 52, rule 7A
10 August 2004
471/04 Order 130: rule 1, rule 2, rule 3, rule 4, rule 6, rule 7, rule 8, rule 9  
253/04 Order 118: rule 2, rule 4(2)  
211/04 Order 60A (added)  
137/04 Order 123, rule 7 30 April 2004
63/04 Order 27: rule 1, rule 1A, rule 8, rule 9, rule 14 [revised by SI 490/21]  
2/04 Order 63A (added);
Forms:- Appendix X: No 1, No 2, No 3
 

 Statutory Amendments 2003

SI Nos Amendments Commencement Date
646/03    
616/03 Form:- Appendix W, Part VI 11 December 2003

 Statutory Amendments 2002

SI Nos Amendments Commencement Date
208/02 Order 67, rule 65 13 June 2002

 Statutory Amendments 2001

SI Nos Amendments Commencement Date
585/01    
535/01 Order 125, rule 1 (“Central Office”) 3 December 2001
270/01 Order 75C (added) 16 July 2001
269/01 Order 3, rule 21 16 July 2001
268/01 Order 77, rule 43 16 July 2001
94/01 Order 133 (added) 23 April 2001

 Statutory Amendments 2000

SI Nos Amendments Commencement Date
329/00 Order 99, rule 38(5) [Order revised by SI 584/19] 19 November 2000
328/00 Order 22, rule 14;
Forms:- Appendix C: No 4A, No 5A, No 6A
19 November 2000
327/00 Order 70A, rule 28 19 November 2000
105/00 Order 86A (added) 28 April 2000
66/00 Order 129 (added) 8 March 2000

 Statutory Amendments 1999

SI Nos Amendments Commencement Date
233/99 Order 31, rule 12 3 August 1999
3/99 Order 39: Part VII, Part VIII, Part IX (added) 9 March 1999

 Statutory Amendments 1998

SI Nos Amendments Commencement Date
392/98 Order 105A (added) 23 October 1998
391/98 Order 39: rules 45-51 (added) 1 September 1998
381/98 Order 131 (added) 20 October 1998
374/98 Order 84A (added) 19 October 1998
325/98 Order 130 (added) 21 September 1998
281/98 Order 132 (added) 17 August 1998
14/98 Order 53: rule 1, rules 23-35 (added), rules 7-11 (repealed) [Order revised by SI 196/21] 2 February 1998

 Statutory Amendments 1997

SI Nos Amendments Commencement Date
471/97 Order 39, rule 53 [revoked by SI 391/98] 1 September 1997
348/97 Order 39: rules 45-52 (added) [revoked by SI 391/98];
Forms:- Appendix D, Part IV: No 1, No 2
1 September 1997
347/97 Order 128 (added) 1 September 1997
346/97 Order 113A (substituted) 1 September 1997
344/97 Order 77: rule 2, rule 32(3) 1 September 1997
343/97 Order 70A (substituted);
Forms:- Appendix KK: No 1, No 2, No 3, No 4, No 5, No 6, No 7
1 September 1997
166/97 Order 39, rule 30 28 April 1997
52/97 Order 22, rule 10(10) 11 February 1997

 Statutory Amendments 1996

SI Nos Amendments Commencement Date
377/96 Order 103A (added) 1 January 1997
5/96 Order 103, rule 8 15 January 1996

 Statutory Amendments 1995

SI Nos Amendments Commencement Date
243/95 Order 11, rule 1(q) 2 October 1995

 Statutory Amendments 1994

SI Nos Amendments Commencement Date
101/94 Order 11B (added);
Order 121, rule 9 (deleted);
Order 121A (added)
4 June 1994

 Statutory Amendments 1993

SI Nos Amendments Commencement Date
265/93 Order 22: rule 1(7), rule 1(9), rule 1(10);
Order 31, rule 12(4);
Order 63, rule 12;
Order 74, rule 139 [Order revised by SI 255/15];
Order 86, rule 5;
Order 99, rule 28(2) [Order revised by SI 584/19];
Order 127 (added);
Form:- Appendix M, No 47
9 September 1993
238/93 Order 53, rule 7(2) [Order revised by SI 196/21]; Forms:- Appendix HH: No 2, No 3 5 August 1993

 Statutory Amendments 1992

SI Nos Amendments Commencement Date
260/92 Order 36, rule 2(b) 1 October 1992
46/92 Order 99: rule 8 (deleted), rule 9 (deleted) 6 March 1992

 Statutory Amendments 1991

SI Nos Amendments Commencement Date
278/91 Order 74: rule 1(1), rule 135, rule 136, rule 138 [Order revised by SI 255/15];
Order 75: rule 3(1), rule 5(e)(i), rule 5(z)(i), rule 5(ee)(i), rule 5(ff)(i), rule 5(ff)(ii), rule 21, rule 22, rule 23 [Order revised by SI 255/15];
Order 75A: rule 23 (deleted), rule 24 (deleted);
Order 75B (added)
1 November 1991
177/91 Order 113A (added) 2 July 1991
147/91 Order 75A (added) 17 June 1991
67/91 Order 90: rule 1, rule 5  

 Statutory Amendments 1990

SI Nos Amendments Commencement Date
281/90 Appendix W, Part VI 30 November 1990
229/90 Order 22: rule 1(7), rule 1(8), rule 7(1) 24 September 1990
143/90 Order 64: rule 1(i), rule 1(j), rule 6, rule 7, rule 10, rule 15, rule 17, rule 18, rule 36(1) 1 July 1990
97/90 Order 3: rule 10(c), rule 13;
Order 70: rule 4, rule 23, rule 54, rule 55, rule 56, rule 57;
Order 70A (added)
1 May 1990

 Statutory Amendments 1989

SI Nos Amendments Commencement Date
79/89 Order 17: rule 2, rule 4, rule 4A;
Order 76 (substituted);
Order 82: rule 6, rule 7, rule 8, rule 9;
Order 99: rules 49-57;
Forms:- Appendix O, Nos 1-49;
Appendix W, Part IV
24 April 1989
20/89 Order 36, rule 2(b);
Order 49, rule 7(2);
Order 61: rule 3, rule 4, rule 6, rule 7, rule 10;
Order 67, rule 92;
Order 79: rule 5(1)(c), rule 5(1)(e), rule 5(5), rule 65;
Order 80: rule 6(1)(c), rule 6(1)(e), rule 6(5), rule 63;
Order 95: rule 1(1), rule 2(1), rule 3(1), rule 3(2), rule 3(3);
Form:- Appendix I, No 1
13 February 1989
14/89 Order 4, rule 1A;
Order 5, rule 14;
Order 11, rule 1;
Order 11A (added);
Order 12, rule 2;
Order 13A (added);
Order 19, rule 3A;
Order 42A (added);
Order 121, rule 2A;
Forms:- Appendix F, Part III, No 1
1 February 1989

 Statutory Amendments 1986

SI Nos Amendments Commencement Date
15/86 Orders 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126;
Forms:- App A: Part I, Part II;
1 October 1986

Appendix Z

Appendix: Z

ANNULMENT OF RULES.

The following Statutory Instruments are hereby annulled.

SI No 72 of 1962, SI No 105 of 1963, SI No 224 of 1963, SI No 38 of 1964, SI No 96 of 1964, SI No 166 of 1964, SI No 168 of 1964, SI No 29 of 1965, SI No 28 of 1966, SI No 169 of 1966, SI No 185 of 1966, SI No 63 of 1967, SI No 219 of 1967, SI No 66 of 1968, SI No 37 of 1971, SI No 38 of 1971, SI No 27 of 1971, SI No 129 of 1971, SI No 226 of 1971, SI No 284 of 1971, SI No 300 of 1972, SI No 220 of 1973, SI No 256 of 1974, SI No 261 of 1974, SI No 15 of 1975, SI No 286 of 1976, SI No 194 of 1977, SI No 295 of 1978, SI No 48 of 1980, SI No 127 of 1980, SI No 319 of 1980, SI No 384 of 1980, SI No 32 of 1981, SI No 124 of 1981, SI No 130 of 1981, SI No 237 of 1981, SI No 245 of 1981, SI No 125 of 1983, SI No 283 of 1983, SI No 370 of 1983.

Supreme Court, Court of Appeal and High Court (Fees) Order 2014

SUPREME COURT, COURT OF APPEAL AND HIGH COURT (FEES) ORDER 2014

[SI 492/14]

1. (1) This Order may be cited as the Supreme Court, Court of Appeal and High Court (Fees) Order 2014.

(2) This Order comes into operation on 30 October 2014.

2. In this Order, “Official Assignee” has the same meaning as in section 3 (as amended by section 27 of the Courts and Civil Law (Miscellaneous Provisions) Act, 2013) (No 32 of 2013)) of the Bankruptcy Act, 1988 (No 27 of 1988).

3. There shall be charged in the offices attached to the Supreme Court, the Court of Appeal, the High Court and the President of the High Court and in district probate registries, in respect of each item set out in column (1) of each Part of Schedule 1, the fee set out in column (2) of the Part concerned opposite the mention of the item.

4. (1) In each financial year there shall be payable, by way of court fees, the percentages specified in Part 1 of Schedule 2 on the annual income arising in that year from the property of every person of unsound mind under the jurisdiction vested in the High Court by section 9 of the Courts (Supplemental Provisions) Act, 1961 (No 39 of 1961), and the provisions of the said Part 1 shall be in substitution for the provisions of section 109 of the Lunacy Regulation (Ireland) Act, 1871.

(2) In each financial year there shall be payable, by way of court fees, the percentages specified in Part 2 of Schedule 2 on the annual income arising in that year from the property of every minor under the jurisdiction vested in the High Court by the said section 9.

5. No fee shall be payable under this Order in connection with—

(a) proceedings under Article 40.4 of the Constitution,

(b) proceedings under the Extradition Acts 1965 to 2012,

(c) proceedings under the European Arrest Warrant Acts 2003 and 2012,

(d) bail proceedings, or

(e) an application (in proceedings for a criminal offence) for judicial review under Order 84, Rule 18 (inserted by Rule 2 of the Rules of the Superior Courts (Judicial Review) 2011 (SI No 691 of 2011)) of the Rules of the Superior Courts (SI No 15 of 1986).

6. (1) No fee shall be payable under this Order in connection with—

(a) family law proceedings,

(b) matrimonial causes or matters,

(c) proceedings under the Adoption Acts, 2010 to 2013, or

(d) proceedings brought by the Health Service Executive under—

(i) the Children Acts, 1908 to 1989,

(ii) the Guardianship of Children Acts, 1964 to 1997, or

(iii) the Child Care Acts, 1991 to 2013.

(2) No fee shall be payable under this Order in contravention of paragraph 3 of Article 5 of the Luxembourg Convention (within the meaning of the Child Abduction and Enforcement of Custody Orders Act, 1991 (No 6 of 1991)).

(3) No fee shall be payable under this Order in connection with proceedings to which section 5(5) of the Immigration Act 1999 (No 22 of 1999) applies.

7. (1) No fee shall be payable under this Order by, or on behalf of, the Insolvency Service of Ireland in connection with proceedings under the Personal Insolvency Act, 2012 (No 44 of 2012).

(2) No fee, other than in respect of the items at reference number 61, 62 or 63 of Part 4 of Schedule 1, shall be payable under this Order in connection with proceedings under the Bankruptcy Act 1988.

8. No fee shall be payable under this Order in connection with proceedings to which section 3 of the Environment (Miscellaneous Provisions) Act 2011 (No 20 of 2011) applies.

9. No fee shall be payable under this Order by, or on behalf of, any person represented in any proceedings (whether civil or criminal) by—

(a) the Chief State Solicitor,

(b) the Chief Prosecution Solicitor, or

(c) a local State Solicitor acting in that capacity.

10. Where an application by a party to commercial proceedings to have those proceedings transferred to the commercial list of the High Court is refused, there shall be refunded to the applicant the fee paid, in connection with that application, in respect of the item at reference number 17(a) in column (1) of Part 4 of Schedule 1, less an amount equal to the fee specified in column (2) of Part 4 of Schedule 1 opposite reference number 12.

11. The Supreme Court and High Court (Fees) Order 2014 (SI No 24 of 2014 ) is hereby revoked.

SCHEDULE 1

ARRANGEMENT OF PARTS

PART 1 — Fees payable in the Offices attached to the Supreme Court and the High Court and in the District Probate Registries for copies of documents

PART 2 — Fees payable in the Office of the Registrar of the Supreme Court

PART 3 — Fees payable in the Office of the Registrar of the Court of Appeal

PART 4 — Fees payable in the Central Office and the Examiner’s Office

A Originating Summonses, etc.

B Appearances

C Affidavits, etc.

D Notices of Motion, etc.

E Setting Down, etc.

F Orders

G Certificates, etc.

H Searches and Inspections

I Bill of Sale

J Bonds, etc.

K Powers of Attorney

L Enrolment

M Admiralty

N Bankruptcy

O Petitions, Applications and Appeals under the Solicitors Acts 1954 to 2011

PART 5 — Fees payable in the Accountant’s Office

PART 6 — Fees payable in the Taxing-Masters’ Office

PART 7 — Fees payable in the Office of Wards of Court

PART 8 — Fees payable in the Probate Office and District Probate Registries

PART 1

FEES PAYABLE IN THE OFFICES ATTACHED TO THE SUPREME COURT AND THE HIGH COURT AND IN THE DISTRICT PROBATE REGISTRIES FOR COPIES OF DOCUMENTS

  Item (1) Fee (2)
1 (a) Subject to paragraph (b), for issuing a printed copy of a document on a court file whether attested or plain, other than— €15.00
  (i) a copy of a judgment, or  
  (ii) a copy of written legal submissions referred to at reference number 3 of this column  
  (b) for making an attested copy of a criminal appeal transcript €0.80 per page
2 For provision of a copy judgment €14.00 plus an additional €1.00 in respect of every 4 pages photocopied
3 For provision of a copy of written submissions lodged in or transmitted to the Supreme Court Office or handed in to the Supreme Court on or after 7 October 2013 in relation to, or in the course of, the hearing of any appeal or matter €14.00 plus an additional €1.00 in respect of every 4 pages photocopied
4 For examining a copy of any document and marking it as an attested copy €6.50 per page
5 For a photographic copy of a plan, map, section, drawing, photograph or diagram €6.50
6 For signing and certifying a document for proof pursuant to the Evidence Act, 1851 €6.50 per page

PART 2

FEES PAYABLE IN THE OFFICE OF THE REGISTRAR OF THE SUPREME COURT

  Item (1) Fee (2)
1 On filing an application for leave to appeal and notice of appeal to the Supreme Court (other than an appeal under the Workmens Compensation Acts 1934 to 1955) €250.00
2 On filing a notice of motion €60.00
3 On filing an affidavit €20.00
4 (a) On lodging a notice or other document for service, and €6.50
  (b) in addition thereto, for each copy to be transmitted €1.00 (but not more, for any number of copies, than €90.00)
5 On a petition or on an application for appointment as Notary Public or Commissioner for Oaths €85.00
6 On a commission appointing a Notary Public or Commissioner for Oaths €330.00

PART 3

FEES PAYABLE IN THE OFFICE OF THE REGISTRAR OF THE COURT OF APPEAL

  Item (1) Fee (2)
1 On filing— €250.00
  (i) an application for leave to appeal,  
  (ii) a notice of expedited appeal, or  
  (iii) a notice of appeal (including a notice of appeal to which rule 19 of Order 86A of the Rules of the Superior Courts applies), provided that where a fee has been paid in respect of an application for leave to appeal and such leave to appeal is granted, no fee shall be payable on the filing of a notice of expedited appeal or a notice of appeal in respect of that appeal  
2 On filing a notice of intention to make an interlocutory ex parte application €60.00
3 On filing a respondent’s notice €60.00
4 On filing or lodging a case stated €70.00
5 On filing a notice of motion to the Court of Appeal €60.00
6 On filing an affidavit €20.00
7 (a) Subject to paragraph (b) for issuing a printed copy of a document on a court file whether attested or plain, other than a copy of a judgment (a) €15.00
  (b) for making an attested copy of a criminal appeal transcript (b) €0.80 per page
8 For provision of a copy judgment €14.00 plus an additional €1.00 in respect of every 4 pages photocopied

PART 4

FEES PAYABLE IN THE CENTRAL OFFICE AND THE EXAMINER’S OFFICE

  Item (1) Fee (2)
A Originating Summonses, etc.
1 On sealing a — €190.00
  (i) plenary summons,  
  (ii) special summons, or  
  (iii) summary summons in a claim to which rule 1(2), 1(3) or 2 of Order 2 of the Rules of the Superior Courts applies, and filing a copy  
2 On sealing a — €190.00
  (i) concurrent plenary summons,  
  (ii) concurrent special summons, or  
  (iii) concurrent summary summons in a claim to which rule 1(2), 1(3) or 2 of Order 2 of the Rules of the Superior Courts applies  
3 On sealing a summary summons or a concurrent summary summons in a claim to which rule 1(1) of Order 2 of the Rules of the Superior Courts applies, where the claim —  
  (i) does not exceed €100,000.00 on the date of issue of the summons, €150.00
  (ii) is greater than €100,000.00 but does not exceed €150,000.00 on the date of issue of the summons, €170.00
  (iii) is greater than €150,000.00 but does not exceed €500,000.00 on the date of issue of the summons, €190.00
  (iv) is greater than €500,000.00 but does not exceed €1,000,000.00 on the date of issue of the summons, €250.00
  (v) is greater than €1,000,000.00 on the date of issue of the summons €400.00
4 On filing a petition €190.00
5 On any originating ex parte application (excepting habeas corpus), in addition to fee on filing affidavit €190.00
6 On sealing any order under rule 1 or rule 18 of Order 84 of the Rules of the Superior Courts €24.00
7 On sealing a third party notice €60.00
8 On filing any originating notice of motion (in addition to filing an affidavit) €190.00
B Appearances
9 On entering an appearance €60.00
C Affidavits, etc.
10 On filing an affidavit €20.00
11 On filing a script annexed to an affidavit of scripts €20.00 (not to exceed, for any number of scripts, €150.00)
D Notices of Motion, etc.
12 On filing a notice of motion €60.00
13 On every — €60.00
  (i) ex parte application, or  
  (ii) other application to the court otherwise not specifically provided for  
14 On filing a notice other than a notice to which the items at reference numbers 12, 15 and 16 of this column relate €60.00
15 On filing a notice of appeal from the Master €60.00
16 On lodging a notice of appeal from the Circuit Court to the High Court €130.00
17 (a) Subject to paragraph (b), on filing a notice of motion for entry of proceedings in the Commercial List of the High Court €5,000.00
  (b) On filing a notice of motion in the Commercial List of the High Court in proceedings that were entered in that list prior to 10 April 2012 €60.00
E Setting Down, etc.
18 On setting down an action for trial €250.00
19 On filing or lodging a case stated €70.00
F Orders.
20 On every witness summons (i.e. subpoena ad testificandum or duces tecum) €20.00
21 Commission to examine witness or request in lieu of €20.00
22 On entering judgment in the Central Office in default of appearance or of pleading (in addition to filing affidavits) €85.00
G Certificates, etc.
23 On a certificate of pleadings or proceedings €15.00
24 On a certificate under Order 36, Rule 39, of the Rules of the Superior Courts €25.00
25 On a sale under an order of the Court of— €2.50
  (a) any lands or hereditaments, or (Note: If for any reason after payment of this fee the sale is not completed and the property is subsequently sold to another purchaser, credit is to be given for the fee already paid on the abortive sale against the fee payable on the completed sale; but in no case is any of the fee paid on the abortive sale to be re-paid)
  (b) any business (including the goodwill thereof), or
  (c) any chattels, confirmed or approved by order or certificate: for every €100.00 of the price
26 On taking account of moneys received by a person liable to account for same — for every €100.00 of the amount received or, in the case of a company being wound up by the Court, for every €100.00 of the moneys received by the Liquidator in realisation of the assets of the company €4.00
27 On taking an account of moneys due to any person (other than moneys due to any person by a company or society being wound up by the Court) — for every €100.00 of the amount found €2.50
28 On an inquiry to ascertain the person or persons interested in any property or entitled thereto as next-of-kin or heir-at-law or otherwise—  
  (a) in all cases, save those set out in paragraph (b), for every €100.00 of the value of the property €2.50
  (b) on an enquiry to ascertain the next-of-kin or heir-at-law of any person—  
  (i) where such person is an ancestor of such next-of-kin or heir-at-law, or where the common ancestor is a parent €17.00
  (ii) where the common ancestor is a grand-parent €30.00
  (iii) where the common ancestor is a great-grandparent or a more remote ancestor €55.00
29 On ascertaining pursuant to an order— €2.50
  (a) the outstanding estate of a deceased person, (The amount on which this fee is payable shall not include any outstanding debt believed to be bad or irrecoverable, but shall include all sums paid after the commencement of the proceedings to creditors or to persons beneficially interested)
  (b) any property subject to a trust, mortgage or charge, or
  (c) any partnership assets, – for every €100.00 of the amount of value thereof
  (only one fee shall be chargeable in respect of any particular property or moneys in respect of the items at reference numbers 26 to 29 inclusive)
30 On settling—  
  (a) a scheme for the management of a charity, or a scheme where the amount involved does not exceed €1,500.00, €75.00
  (b) any other scheme €130.00
31 On signing, settling or approving—  
  (a) any advertisement, or authority for a broadcast announcement, for any person entitled as next-of-kin, heir-at-law or otherwise to share in any property:  
  (i) for the first advertisement or authority signed in respect of any person or persons €80.00
  (ii) for any subsequent advertisement or authority signed in respect of the person or persons, €55.00
  (b) any other advertisement €55.00
32 On the examination of a witness—  
  (a) before an officer of the Court in his or her office (otherwise than for the purpose of any inquiry, taxation of costs or other proceedings before the officer) — for each hour or part of an hour €20.00 and an amount equal to the reasonable expenses of the officer
  (b) by an officer of the Court away from his or her office- for each day or part of a day €75.00 and an amount equal to the reasonable expenses of the officer
33 On every application for an endorsement of a certificate for registration of a judgment mortgage in the Property Registration Authority €20.00
H Searches and Inspections
34 On an application to inspect any document filed or deposited in the Central Office more than three years before such application, unless otherwise expressly provided for by this Order €15.00 (to be charged whether or not a copy of the document is bespoken)
35 On a memorandum for the registration of—  
  (a) a decree of the District Court €25.00
  (b) a judgment of the Circuit Court €25.00
  (c) a judgment of the High Court €25.00
36 On a memorandum for the re-entry of a judgment, decree, order or rule pursuant to the Judgments (Ireland) Act, 1844 €25.00
37 On a memorandum for the registration of a lis pendens pursuant to the said Act €25.00
38 On a memorandum for the re-entry of a lis pendens pursuant to the said Act €25.00
39 On a requisition for liberty to search pursuant to the said Act for each person searched against €25.00 (not to be charged if a requisition for an official search is lodged)
40 On a memorandum for registration of the satisfaction or vacate of any judgment, bond or recognizance, decree, rule or order or for the re-docketing of any bonds or recognizances pursuant to the Land Transfer (Ireland) Act, 1848 €25.00
41 On a requisition for a search for judgments or revivals entered up before 15 July 1850, and for decrees, rules, orders or civil bill decrees for poor rates made before 15 July 1850, and for lites pendentes registered against any person and for recognizances and bonds, judgments, statutes, inquisitions and acceptances of office registered or re-registered against the same person €25.00
42 On a requisition for a search for judgments, revivals, decrees, rules, orders, lites pendentes, and civil bill decrees for poor rates registered or re-registered against any person and for recognizances and bonds, judgments, statutes, inquisitions and acceptances of office registered or re-registered against the same person €25.00
43 On a requisition for a duplicate of a search pursuant to the Judgments Registry (Ireland) Act, 1871 €25.00
44 On a memorandum of vacate of a lis pendens €25.00
I Bills of Sale
45 On filing a bill of sale €20.00
46 For a search in the bills of sale index €25.00 (to be charged whether or not a copy of the document is bespoken)
47 For inspecting any bill of sale €10.00 (to be charged whether or not a copy of the document is bespoken)
J Bonds, etc.
48 On filing any recognizance or bond in the Central Office and giving a certificate thereof €20.00
K Powers of Attorney
49 On depositing a power of attorney in the Central Office pursuant to the Conveyancing Act, 1881 €20.00
50 For a search for a power of attorney so deposited, and for inspecting the same and the affidavit or other documents deposited therewith €25.00 (to be charged whether or not a copy of the document is bespoken)
L Enrolment
51 On enrolling any deed or document — for each 10 folios or part of 10 folios €60.00
M Admiralty
52 On a certificate under Order 64, Rule 46, paragraph 9, of the Rules of the Superior Courts €55.00
53 On issuing any instrument under Order 64, Rule 56, of the Rules of the Superior Courts €55.00
54 On appointing and swearing appraisers €55.00
55 On delivering up a ship or goods to a purchaser €80.00
56 On the sale of a ship or goods for every €100.00 or fraction of €100.00 of the price €11.50
57 For attending the discharge of a cargo or the removal of a ship or goods, per day €80.00
58 For retaining possession of a ship with or without a cargo, or of a ships cargo without a ship, per day €10.00
59 For executing a warrant or commission €55.00
60 For releasing a ship and cargo, or either of them €25.00 (and an amount equal to—
    (a) the reasonable expenses per day of supplying a shipkeeper or shipkeepers where such is or are employed;
    (b) the reasonable travelling and subsistence expenses of the officer for the time being exercising the functions formerly exercised by the Admiralty Marshal, if such officer is required, for the purpose of carrying out any of the above duties, to travel more than five miles from his or her office.)
N Bankruptcy
61 On every subpoena or summons (other than a bankruptcy summons) €20.00
62 For a search by any person other than the bankrupt, the arranging debtor, the Official Assignee or the trustee in the matter €10.00
63 On making a plain copy of any document or form €15.00
O Petitions, Applications and Appeals under the Solicitors Acts 1954 to 2011
64 On lodging a notice of motion of application or a notice or motion of appeal under the Solicitors Acts, 1954 to 2011 or on presenting a petition under Part III of Order 53 of the Rules of the Superior Courts €190.00

PART 5

FEES PAYABLE IN THE ACCOUNTANT’S OFFICE

  Item (1) Fee (2)
1 On a direction by the court or the Accountant to pay or invest or place money on deposit or transfer stock or shares, where the amount or value exceeds €100 — for every €100 or part thereof in excess of the first €100 €1.15 (fee not to exceed €1,200.00 in any case)
2 On a certificate of the amount and description of funds to credit of any account in the books of the accountant €20.00
3 On a transcript of an account €20.00
4 On a request for lodgement of funds in court without an order €20.00
5 On a request to the accountant for payment of money out of court without an order €20.00
6 On lodging a power of attorney €20.00
7 On a request for a certificate of the lodgement of any funds in court €20.00

PART 6

FEES PAYABLE IN THE TAXING-MASTERS’ OFFICE

  Item (1) Fee (2)
  A taxing-master may in any case require the bill of costs to be stamped before taxation with the amount of fees which would be payable if the bill were allowed by him or her at the full amount thereof, including, in cases under the Solicitors (Ireland) Act, 1849, the fee payable in respect of the cash account.  
1 On a notice to tax, except on an ex parte taxation €275.00
2 On the taking of a cash account between the solicitor and his or her client on a taxation under the Solicitors (Ireland) Act, 1849 or otherwise — for every €100.00 or fraction of €100.00 of the amounts found to have been received and paid €1.00
3 On the taxation of a bill of costs – for every full €100.00 in the amount allowed (including witnesses’ expenses) €8.00 (Credit is to be given for the fee paid in respect of the item at reference number 1 above)
4 On the issue of a certificate of taxation €68.00
5 On carrying in objections to the allowance or disallowance of any item or items in a bill of costs €68.00
6 On a report of a taxing master as to the grounds of his or her decision to allow or disallow any item or items in a bill of costs €24.00
7 On a report of a taxing master as to security for costs in a matrimonial case €24.00

PART 7

FEES PAYABLE IN THE OFFICE OF WARDS OF COURT

  Item (1) Fee (2)
1 On every declaration order under section 68 or section 70 of the Lunacy Regulation (Ireland) Act, 1871 €60.00
2 On every declaration order under section 12 or section 15 of the said Act €60.00
3 On every order taking a person into wardship as a minor €60.00
4 On every discharge and dismissal order €60.00
5 On every order for the purchase or sale of property €60.00
6 On every order authorising building projects such as construction of houses and extensions €60.00
7 On every order authorising the Accountant of the Courts of Justice to make a recurring payment €60.00
8 Every certificate of enduring power of attorney €60.00
9 On measuring a bill of costs and certifying the amount thereof – for every €20.00 or part thereof allowed €1.50
10 For taking and certifying the result of an account – for each €200 found to have been received without deducting any payment €1.50 (but fee not to exceed €50.00)
11 On exemplifying any copy of an order €15.00
12 For making an attested copy of a document (other than a first copy of an order) €15.00

PART 8

FEES PAYABLE IN THE PROBATE OFFICE AND DISTRICT PROBATE REGISTRIES

  Item (1) Fee (2)
1 For every application for an order of a Probate Officer, Assistant Probate Officer or District Probate Registrar €50.00
2 For every certificate signed by a judge as to the authority of any person to act in a specified capacity or for any similar certificate €30.00
3 On the submission to the Probate Office or the District Probate Registry of an application for a primary grant of representation –  
  (a) where the net value of the estate does not exceed  
  €100,000 €100.00
  €250,000 €200.00
  €500,000 €350.00
  €750,500 €500.00
  €1,000,000 €650.00
  (b) where the net value of the estate exceeds €1,000,000—  
  (i) for the first €1,000,000, and €650.00
  (ii) for every €500,000 or fraction thereof by which the value exceeds €1,000,000 a further fee of €400.00
4 For every double, cessate, unadministered or duplicate grant of representation €150.00
5 Where any grant is sought by personal application The total fee payable shall be double the appropriate amount that would be chargeable under the item at reference number 3 or 4 of column (1), as applicable, were the grant not sought by personal application
6 For lodging or re-entering any motion paper, whether ex-parte or on notice €100.00
7 On lodgement of a corrective affidavit. The correct fee under the item at reference number 3 or 5 of column (1) as appropriate less the amount of the fee previously charged subject to a minimum fee of €50.00
8 For the entry of any caveat €100.00
9 For filing any warning, citation or subpoena or any appearance to any warning, citation or subpoena €30.00
10 For every search made by an Officer of the Probate Office or of a District Probate Registry for which the officer is requested to search for a will or codicil or for any record of a grant or any other document filed in the Probate Office or in a District Probate Registry, including the inspection of any original will or codicil or any record of a grant €20.00
11 For all searches made on any one day by the representative of a newspaper or group of newspapers (the representative must state on the search docket his or her name and that of the newspaper or group of newspapers which he or she represents) €120.00
12 For any official copy of any will, grant or other document (other than an inland revenue affidavit) €15.00
13 For a sealed and certified copy will or grant €20.00
14 For a sealed and certified copy will and grant bespoken at the time of lodgement of the application for grant of representation €25.00
15 For an attested copy of an inland revenue affidavit €25.00

[SI 80/21]

SCHEDULE 2

PERCENTAGES PAYABLE IN THE OFFICE OF THE WARDS OF COURT

PART 1

LUNACY PERCENTAGES

1. In this Part “clear annual income” does not include the following payments:

(a) unemployment assistance;

(b) old age (non-contributory) pension;

(c) widow’s (non-contributory) pension;

(d) widower’s (non-contributory) pension;

(e) deserted wife’s allowance;

(f) prisoner’s wife’s allowance;

(g) one-parent family payment;

(h) blind pension.

2. Subject to paragraph 3, a percentage on the clear annual income of each ward of court found to be of unsound mind and whose clear annual income is not less than €900 shall be payable according to the following rates:

(a) where the clear annual income is not less than €900 but is less than €2,250, 2.5 per cent of the clear annual income;

(b) where the clear annual income is not less than €2,250 but is less than €4,500, 3 per cent of the clear annual income;

(c) where the clear annual income is not less than €4,500, 4 per cent of the clear annual income, subject to a maximum payment of €750.

3. Any fractional part of €1.00 in the amount of a percentage shall be disregarded and shall not be levied or paid.

PART 2

MINOR PERCENTAGES

1. A percentage on the clear annual income of each minor taken into the wardship of the High Court shall be payable at the same rates as apply to the incomes of wards of court who are of unsound mind, save that the percentage shall be charged only on that part of the clear annual income that exceeds €900.

2. Where a minor has an interest in property, the Registrar of Wards of Court may apportion as remuneration for any services rendered by the minor in connection therewith such part of the profits accruing to him from the property as appears to the Registrar to be reasonable and no percentage shall be charged on the amount thus apportioned.

PART 3

CALCULATION, COLLECTION AND DISPOSAL

The rules heretofore in operation under the Lunacy Regulation (Ireland) Act, 1871 with respect to the method of calculation, collection and disposal of the percentage charged on the incomes of persons of unsound mind shall continue to apply to the percentage charged on such incomes under this Order and shall apply likewise or in an analogous manner to the percentage charged on the incomes of minors under this Order. Where, in any such rule, reference is made to the death of a person of unsound mind, the reference shall, in its application to a minor, include a reference to the minor’s attaining the age of 18.

Order 139: Applications Under The Coroners Act 1962

ORDER 139

APPLICATIONS UNDER THE CORONERS ACT 1962

Definitions

1. In this Order:

the “1962 Act” means the Coroners Act 1962;

the “2019 Act” means the Coroners (Amendment) Act 2019.

[SI 43/20]

Title of proceedings

2. An originating notice of motion issued in accordance with this Order shall be entitled:

“The High Court

In the Matter of the Coroners Act 1962

On the Application of AB, Coroner for the District of.. and, where applicable

Between

AB, Coroner for the District of …………….. Applicant and

CD, ……………….. Respondent]”

[SI 43/20]

Applications under section 331) of the 1962 Act

3. (1) An application by a coroner for an order under section 33 D(6) of the 1962 Act (inserted by section 21 of the 2019 Act) shall be made by motion on such notice as the applicant considers reasonably practicable to the person to whom a direction was given under section 33 D(1) of the 1962 Act (in this rule, the “respondent”) and, subject to sub-rule (2), grounded upon an affidavit, The Court may adjourn the application so as to give the respondent a sufficient opportunity to be heard on the application.

(2) The originating notice of motion shall:

(a) specify the direction or directions sought, and

(b) indicate whether the Court is requested under section 33D(7) of the 1962 Act (inserted by section 21 of the 2019 Act) to hear the application otherwise than in public and if so, state the reasons f or such request.

(3) Where the Court is satisfied that the urgency of the case so requires, it may direct or allow the application to which this rule applies to be heard on oral evidence.

(4) Where an affidavit is delivered by or on behalf of the applicant, the affidavit shall:

(a) specify the capacity in which the respondent has been directed to give medical records relating to the deceased person to the registered medical practitioner making the examination;

(b) exhibit a copy of the direction or of the confirmation of the direction;

(c) set out any reasons given to the applicant by the respondent f or failing or refusing to comply with the direction;

(d) set out any facts and circumstances relevant to the consideration of the application by the Court, in particular such facts and circumstances as are relevant for the purposes of section 33 D(8) of the 1962 Act and, where necessary, the basis of the deponent’ s belief as to the existence of such facts or circumstances;

(e) verify the facts grounding the reasons for any request to the Court under section 33D(7) of the 1962 Act to hear the application otherwise than in public.

(5) Where the applicant has delivered an affidavit, the respondent may, but is not obliged to, deliver a replying affidavit, which shall indicate the parts of the applicant’s affidavit which the respondent accepts and which the respondent does not accept, and sets out the reasons why the respondent has failed or refused to comply with the direction and any facts or circumstances supporting such reasons and, where necessary, the basis of the deponent’s belief as to the existence of such facts or circumstances.

(6) The provisions of Order 52, rule 6 shall not apply to an application under this rule.

[SI 43/20]

Applications under section 62 of the 1962 Act

4. (1) A coroner may apply to the Court under section 62 of the 1962 Act (inserted by section 36 of the 2019 Act) for directions on a point of law regarding the performance of his or her functions under the 1962 Act in relation to the death of any person of his or her own motion or arising from a request in that regard by a person who seems to the coroner to have a proper interest in the circumstances in the point of law arising.

(2) Where a coroner is minded to apply to the Court under section 62 of the 1962 Act (inserted by section 36 of the 2019 Act) for directions, he or she shall:

(a) notify those persons he or she considers to be properly interested in the inquiry concerned of the question or questions of law proposed to be referred and any directions proposed to be sought;

(b) afford those persons an opportunity to provide written submissions to him or her, within a period specified in the notification, not being greater than two months from the date of such notification, on the proposal to refer such question or questions and any proposed directions;

(c) having considered any such submissions received, issue the application to the Court not later than four months after the date of the notification, and

(d) adjourn the inquest pending the directions of the Court.

(3) The application shall be made by originating notice of motion. The originating notice of motion shall:

(a) state as concisely as is reasonably possible the point of law arising;

(b) set out any proposed or suggested directions, and

(c) indicate whether the Court is requested under section 62(3) of the 2019 Act to hear the application otherwise than in public and if so, the reasons for such request.

(4) The coroner may, but is not obliged to, name as respondent or respondents to the application a person or persons seeming to the coroner to have a sufficient interest in the circumstances in the point of law arising.

(5) The originating notice of motion shall be grounded upon an affidavit sworn by or on behalf of or at the direction of the applicant which shall:

(a) set out succinctly the relevant facts or circumstances giving rise to the point of law arising as found by the coroner and any relevant inferences or conclusions drawn by the coroner, and the reasons for any such inferences or conclusions;

(b) explain succinctly the interest of any respondent named in the originating notice of motion;

(c) exhibit any submissions received in accordance with sub-rule (2)(b);

(d) exhibit copies of any further correspondence or documents relevant to the point of law arising in respect of which directions are sought; subject to any direction the Court may give, such copies shall be incorporated in a single exhibit, in which event they shall be indexed and numbered sequentially in chronological order;

(e) where the Court is requested under section 62(3) of the 2019 Act to hear the application otherwise than in public, set out the facts and circumstances supporting such request as are relevant for the purposes of section 62(3) of the 2019 Act and, where necessary, the basis of the deponent’s belief as to the existence of such facts or circumstances.

(6) Where the applicant contends that particular directions are appropriate to be made on the application, the applicant shall additionally file in the Central Office when issuing the originating notice of motion a statement specifying the directions for which the applicant contends and concisely setting out the supporting reasons, if any facts are relied on therein, the affidavit referred to in sub-rule (5) shall verify such facts.

(7) Not less than 21 days’ notice of the application shall be given.

(8) Each respondent shall be served with copies of the originating notice of motion, of any statement filed under sub-rule (6), and of the grounding affidavit and any exhibits thereto.

(9) Any respondent intending to be heard on the application shall file in the Central Office a statement specifying the directions (if any) which the respondent contends are appropriate to be made on the application and concisely setting out the supporting reasons, and an affidavit:

(a) verifying any facts relied on in the respondent’s statement, and

(b) setting out the respondent’s interest in the circumstances in the point of law arising.

(10) Copies of any statement and affidavit filed by a respondent (an d any exhibits to any such affidavit) shall be served upon the applicant and upon every other respondent before the return date of the originating notice of motion.

(11) The applicant shall be at liberty to file a further affidavit replying to any matter in an affidavit of a respondent, in which event a copy of such affidavit shall be served upon each respondent within [seven] days of the service upon him of the respondent’s statement and verifying affidavit.

(12) An affidavit giving the names and addresses of, and the places and dates of service on, any and all persons who have been served with the originating notice of motion shall be filed by the applicant before the motion is heard.

(13) On the return date of the originating notice of motion (or on any adjournment from such date), the Court shall give directions and make orders for the conduct of the proceedings on the application as appear convenient for the determination of the proceedings in a manner which is just, expeditious and likely to minimise the costs of those proceedings which, where appropriate, may include:

(a) directions as to the service of notice of the application on any person or on any other person (including, without limitation, the Attorney General), including mode of service and the time allowed for such service (and the Court may for that purpose adjourn the hearing of the motion or further hearing of such application to a date specified);

(b) directions as to the filing and delivery of any further affidavits;

(c) orders fixing time limits;

(d) directions as to the furnishing by the parties to the Court and delivery of written submissions;

(e) directions as to the giving of notice in advance of the hearing to any person other than a party to the proceedings on the application who the Court considers should be afforded an opportunity to be heard on the hearing of the application.

(14) Save where the Court otherwise directs or permits, any evidence in proceedings to which this rule applies shall be given on affidavit.

[SI 43/20]

Applications under section 37(2A) or section 38(2) of the 1962 Act

4. Applications to the Court:

(a) under section 37(2A) of the 1962 Act (inserted by section 23 of the 2019 Act) to order a person to comply with a summons, or

(b) under section 38(2) of the 1962 Act (substituted by section 24 of the 2019 Act) to order a person to comply with a direction, shall be commenced and conducted by originating notice of motion in accordance with Order 84B.

[SI 43/20]

Order 138: Applications under the Criminal Justice Act, 2006

ORDER 138

APPLICATIONS UNDER THE CRIMINAL JUSTICE ACT, 2006

1. In this Order, ‘the Act’ means the Criminal Justice Act, 2006.

[SI 10/09]

Applications under section 5 of the Act

2. (1) Subject to sub-rules (2) and (3), an application for an order under section 5(11) of the Act shall, save in the circumstances referred to in section 5(12)(b) of the Act, be made by motion on such notice as is reasonably practicable to the occupier or owner of the place concerned and grounded upon an affidavit. The court may adjourn the application so as to give the owner or occupier of the place concerned an opportunity to be heard on the application in accordance with section 5(13) of the Act.

(2) The provisions of Order 52, rule 6 shall not apply to an application under this rule.

(3) Where the court is satisfied that the urgency of the case so requires, it may direct that the application be heard on oral evidence.

[SI 10/09]

Applications under section 182 of the Act

3. (1) Subject to sub-rule (4), an application by a member of the Garda Síochána not below the rank of superintendent to a Judge of the High Court for an order under section 182(1) of the Act may, save where the court otherwise directs, be made by originating motion ex parte grounded upon an affidavit sworn by or on behalf of the moving party. The originating motion shall be entitled:

‘The High Court

In the Matter of section 182 of the Criminal Justice Act, 2006

On the Application of [A.B.]’.

(2) In addition to any other order which may be made on the hearing of the originating motion, the court may, at such hearing:

(a) make such orders or give such directions as seem appropriate as to the giving of notice of the application to any person;

(b) make such orders or give such directions as seem appropriate for the delivery of further affidavits and for the hearing of the application.

(3) Where the court is satisfied that the urgency of the case so requires, it may direct that the application be heard on oral evidence.

(4) Where the court makes an order in accordance with sub-rule (1), a copy of the order, the originating motion, the affidavit and any exhibits thereto shall be served on each of the trustees of the trust and on the person suspected of having committed an arrestable offence. The court may direct service of such documents on such other person or persons as it considers just.

[SI 10/09]

4. (1) An application under section 182(4) of the Act to vary or discharge an order made under that section shall be made by motion on notice.

(2) Subject to sub-rule (3), unless the court otherwise directs or permits, an application referred to in this rule shall be grounded upon an affidavit sworn by or on behalf of the moving party. Notice of the motion shall be given by delivering copies of the notice of motion and grounding affidavit and any exhibits thereto to the respondent or (as the case may be) the applicant named in the originating notice of motion, not later than four clear days before the return date for the motion.

(3) Where the court is satisfied that the urgency of the case so requires, it may direct that the application be heard on oral evidence.

[SI 10/09]

Order 137: Mental Health Act, 2001

ORDER 137

MENTAL HEALTH ACT, 2001

1. An application to the court pursuant to section 73 of the Mental Health Act, 2001 for leave to institute civil proceedings in respect of any act purporting to have been done in pursuance of the said Act shall be by way of originating notice of motion entitled:

‘THE HIGH COURT

In the matter of section 73 of the Mental Health Act, 2001

And in the matter of intended proceedings’.

[SI 597/06]

2. Such motion shall be grounded upon an affidavit sworn by or on behalf of the person by or on whose behalf it is intended to institute such civil proceedings. The affidavit shall specify the act complained of purporting to have been done in pursuance of the said Act of 2001, and shall specify any wrong alleged and the remedy sought in the proposed proceedings (or shall exhibit a draft of the document proposed to be used to initiate such proceedings). Such notice of motion and copy of such affidavit shall be served upon the person against whom it is proposed to institute the civil proceedings in question and such person may deliver a replying affidavit within such time as the court may allow.

[SI 597/06]

3. Where leave to institute civil proceedings is granted on an application under rule 1, there shall be served with the originating summons or other originating document, an attested copy of the order granting leave.

[SI 597/06]

4. Where a person who has been served with an originating summons or other originating document instituting civil proceedings against him in the court alleges that the institution of such proceedings required the leave of the court under section 73 of the Act of 2001 and that such leave was not obtained, that person may:

(a) indorse upon any memorandum of appearance required by Order 12 to be delivered a statement that such appearance is entered solely for the purpose of contesting the right of the plaintiff or person instituting the said proceedings to institute same without the leave of the court under section 73 of the Act of 2001, and

(b) as soon as practicable thereafter, apply in the proceedings on notice to the plaintiff for an order striking out such proceedings for want of leave.

[SI 597/06]