Court Rules of Ireland

SI 15/86

Order 4: Indorsement of claim

ORDER 4

INDORSEMENT OF CLAIM

I. Indorsement of claim

1. An indorsement of claim shall be made on every originating summons before it is issued.

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.

[SI 9/16]

2. Save in the case of a personal injuries summons as defined in Order 1A, the indorsement of claim on a plenary summons shall be entitled ‘GENERAL INDORSEMENT OF CLAIM’ and there shall be an indorsement of the relief claimed and the grounds thereof expressed in general terms in such one of the forms in Appendix B, Part II as shall be applicable to the case, or, if none be found applicable, then such other similarly concise form as the nature of the case may require. The indorsement of claim on a personal injuries summons shall be as provided by Order 1A.

[SI 248/05]

3. In the indorsement required by rule 2 it shall not be essential to set forth the precise ground of complaint or the precise remedy or relief to which the plaintiff considers himself entitled.

3A. In the case of proceedings the bringing of which requires to be authorised in accordance with sections 14, 17, 32, 36 or 49, or rules under section 46(3) of the Personal Injuries Assessment Board Act 2003, the indorsement of claim shall contain a statement

(a) confirming whether or not the proceedings have been authorised by the Personal Injuries Assessment Board,

(b) specifying the section of the Personal Injuries Assessment Board Act, 2003 or the rule made under section 46(3) of that Act in accordance with which any such authorisation has been issued, and

(c) citing the date of issue of the authorisation and any reference or record number relating to any such authorisation.

[SI 186/17]

4. The indorsement of claim on a summary summons and on a special summons shall be entitled ‘SPECIAL INDORSEMENT OF CLAIM’, and shall state specifically and with all necessary particulars the relief claimed and the grounds thereof. The indorsement of claim on a summary summons or a special summons shall be in such one of the forms in Appendix B, Part III, as shall be applicable to the case, or, if none be found applicable, then such other similarly concise form as the nature of the case may require.

5. (1) Whenever a claim indorsed on a summary summons is for a liquidated sum only, the indorsement, besides stating the amount claimed in respect of the demand, shall state the amount claimed for costs, and shall further state that on payment of such amounts for demand and costs within six days after service, or in the case of a summons not for service within the jurisdiction, within the time limited for appearance, further proceedings will be stayed.

(2) The amount claimed for costs shall be—

(a) If the demand does not exceed €15,000: Such sum as would be appropriate to a proceeding for a like amount in the District Court.

(b) If the demand exceeds €15,000 but does not exceed €75,000: Such sum as would be appropriate to a proceeding for a like amount in the Circuit Court.

(c) If the demand exceeds €75,000: €70 with €7 for each additional service after the first, and the costs of any order for issue and service, or service of the summons or notice in lieu thereof outside the jurisdiction, or for substituted or other service, or for the substitution of notice for service, or for declaring service effected sufficient, or for notice by advertisement of the issue of the summons, and this amount shall be exclusive of and in addition to all actual and necessary outlay.

[SI 16/14]

(3) The statement shall be in the form incorporated in the Form No 2 in Appendix A, Part I. In any case within this rule the defendant may, notwithstanding payment, have the costs taxed, and if more than one-sixth of the amount paid shall be disallowed the amount disallowed shall be refunded and the plaintiff’s solicitor shall pay the costs of taxation.

6. In any proceeding for the recovery of land the summons shall contain the description of the property sought to be recovered with reasonable certainty, and shall state the county and county district or the city or town and parish, in which the same is situated. No error or omission in respect of any of the matters aforesaid shall render such summons void or irregular but may be ground for an application to the court for particulars of the property claimed.

7. In any proceeding for the recovery of land any tenant, under-tenant, or other person in actual possession of the property sought to be recovered, or any part thereof, may be named as defendant, and the summons shall be directed to such tenant, under-tenant, or other person, with the addition of the words ‘and all persons concerned’.

8. In all actions to which the Land Law (Ireland) Act, 1896, section 12, applies, for the recovery of a holding agricultural or pastoral, or partly agricultural and partly pastoral, in its character, or of lands including such a holding, for non-payment of rent, the summons shall be specially indorsed with a statement of the plaintiff’s claim. Such special indorsement shall state that–

(a) there is no person in occupation as tenant otherwise than as immediate tenant to the plaintiff of the premises sought to be recovered or any part thereof, and the plaintiff claims to recover clear possession of the same premises, and to have the judgment in the action executed against all persons in occupation of the same; or

(b) there is or are a person or persons in occupation as tenant or tenants otherwise than as immediate tenant or tenants to the plaintiff of the premises sought to be recovered or some part thereof, setting out the name of every such person.

9. If the plaintiff sues or the defendant is sued in a representative capacity, the indorsement shall show in manner appearing in such of the forms in Appendix B, Part I, as shall be applicable to the case, or by any other statement to the like effect, in what capacity the plaintiff or defendant sues or is sued.

10. In probate actions the indorsement shall show whether the plaintiff claims as creditor, executor, administrator, residuary legatee, legatee, next-of-kin, heir-at-law, devisee, or in any and what other capacity.

11. In all cases in which the plaintiff, in the first instance, desires to have an account taken, the summons shall be indorsed with the claim that such account be taken.

12. In actions by a moneylender or an assignee or by the personal representative or personal representatives of a deceased moneylender for the recovery of money lent by a moneylender or any interest thereon or the enforcement of any agreement or security relating to any such money or interest, the indorsement on the summons shall state, in addition to any other particulars, the fact that the plaintiff is a licensed moneylender, or (in an action by an assignee or by the personal representative or personal representatives of a deceased moneylender) that the original assignor, or the testator or intestate, as the case may be, was at the time of the loan a licensed moneylender, and if the action be commenced by summary summons or special summons, shall also state, in addition to any other particulars—

(a) the date on which the loan was made;

(b) the amount actually lent to the borrower;

(c) the rate per cent per annum of interest charged;

(d) the date when the contract for repayment was made;

(e) the fact that a note or memorandum of the contract was made, and was signed by the borrower;

(f) the date when a copy of the note or memorandum was delivered or sent to the borrower;

(g) the amount repaid;

(h) the amount due but unpaid;

(i) the date upon which such unpaid sum or sums became due;

(j) the amount of interest accrued due and unpaid on every such sum.

13. In actions to recover a debt or liquidated demand in money arising under a hire-purchase agreement or credit-sale agreement (as defined by the Hire-Purchase Act, 1946) or any contract of guarantee relating to such an agreement, the special indorsement of claim on a summary summons shall state, in addition to any other particulars, that the requirements specified in section 3 or section 4 (as the case may be) of the Hire-Purchase Act, 1946, have been complied with.

II. Indorsement of address

14. The solicitor of a plaintiff shall indorse upon the summons and notice in lieu of service of a summons, the address and occupation or description of the plaintiff and also his own name or that of his firm and:

(i) the registered place of business where documents may be left for him, and

(ii) where the plaintiff’s solicitor consents to the receipt of such documents by electronic mail, his or her electronic mail address (in lieu of his or her registered place of business) to which documents in the proceedings may be sent in electronic form.

[SI 475/17]

15. A plaintiff suing in person shall indorse upon the summons and notice in lieu of service of a summons his occupation or description and:

(i) an address for service, where documents may be left for him, and

(ii) where the plaintiff consents to the receipt of documents in the proceedings by electronic mail, his or her electronic mail address (in lieu of an address for service) to which documents may be sent in electronic form.

[SI 475/17]

16. In all cases where proceedings are commenced otherwise than by summons, rules 14 and 15 shall apply to the document by which such proceedings originate as if it were a summons.

Order 3: Procedure by special summons

ORDER 3

PROCEDURE BY SPECIAL SUMMONS

Procedure by special summons may be adopted in the following classes of claims—

1. The administration of the real or personal estate of a deceased person, or the administration of the trust of any deed or instrument save where there is a charge of wilful default or breach of trust.

2. The determination of any question affecting the rights or interests of any person claiming to be creditor, devisee, legatee, next-of-kin or heir-at-law of a deceased person, or cestui que trust under the trust of any deed or instrument, or claiming by assignment or otherwise under any such person.

3. The payment into court of any money in the hands of executors, administrators or trustees, or the payment into court in respect of prior incumbrances by a mortgagee in accordance with the Land and Conveyancing Law Reform Act, 2009, section 107(1)(a).

[SI 149/10]

4. A direction to any executors, or administrators or trustees to do or abstain from doing any particular act in their character as such executors or administrators or trustees (including the furnishing and vouching of accounts).

5. The approval of any sale, purchase, compromise, or other transaction in connection with the administration of any estate or trust.

6. The determination of any question arising in the administration of any estate or trust or the ascertainment of any class of creditors, legatees, devisees, next-of-kin, or others.

7. The determination of any question of construction arising under any deed, will, or other written instrument, and a declaration of the rights of the persons interested.

8. The determination, under the Finance Act, 1894, section 14(2), of a dispute as to the proportion of estate duty to be borne by any property or person.

9. Any relief under the Settled Land Acts, 1882 to 1890, or the Conveyancing Acts, 1881 to 1911.

9A. An order under the Land and Conveyancing Law Reform Act, 2009, section 31, section 49(5), section 50(1), section 68, section 97(2), section 100(3) or both section 97(2) and section 100(3).

[SI 149/10]

10. Where no proceeding is pending by reason whereof the infant is a ward of court, an application as to any of the following matters—

(a) sections 12, 16 and 17 of the Infants Property Act, 1830, as extended to Ireland by the Infants Property (Ireland) Act, 1835; section 4 of the Leasing Powers Act for Religious Worship in Ireland, 1855, as extended by the Glebe Lands (Ireland) Act, 1875, and the Leases for Schools (Ireland) Act, 1881;

(b) the settlement of any property of an infant on marriage under the Infants Settlements Act, 1855, as extended to Ireland by the Infants Settlements (Ireland) Act, 1860;

(c) ……

[Deleted by SI 97/90]

11. The appointment of a trustee (including a trustee mentioned in the Land and Conveyancing Law Reform Act, 2009, section 19) or a new trustee with or without a vesting or other consequential order; or a vesting order or other order consequential on the appointment of a new trustee, whether the appointment is made by the court or out of court; or a vesting or other consequential order in any case where a judgment or order has been given or made for the sale, conveyance or transfer of any land or stock; or a vesting order under the Trustee Act, 1893, section 39; or an order directing a person to convey.

[SI 149/10]

11A. An order to resolve a dispute mentioned in the Land and Conveyancing Law Reform Act, 2009, section 22.

[SI 149/10]

11B. An order to approve an arrangement specified in an application under the Land and Conveyancing Law Reform Act, 2009, section 24.

[SI 149/10]

12. The determination of any question under the Land and Conveyancing Law Reform Act, 2009, section 55.

[SI 149/10]

13. ……

[Deleted by SI 97/90]

14. Any relief under the Trustee Act, 1893, sections 42 or 44.

15. Sale, delivery of possession by a mortgagor, or redemption; reconveyance, or delivery of possession by a mortgagee, otherwise than under the Land and Conveyancing Law Reform Act, 2009.

[SI 149/10]

15A. An action by a mortgagor to which the Land and Conveyancing Law Reform Act, 2009, section 94, applies.

[SI 149/10]

15B. An order on an application by a judgment mortgagee under the Land and Conveyancing Law Reform Act, 2009, section 117.

[SI 149/10]

16. Any relief in respect of funds lodged in court pursuant to the Land Clauses Consolidation Act, 1845, section 69.

17. An interpleader order.

18. Applications in connection with the lodgement in court of any funds, the investment of any funds lodged in court, or the payment out of any funds lodged in court, whether pursuant to the provisions of any statute or otherwise, where there is no pending proceedings in respect thereof and no other procedure prescribed or required by these Rules.

19. Applications for the taxation and delivery of bills of costs and for the delivery by any solicitor of deeds, documents and papers where there is no pending proceeding in which the application may be made.

20. Any other proceeding in which procedure by special summons is required or authorised by these Rules.

21. Any other proceeding which is required or authorised by law and for which no other procedure is prescribed by these Rules.

[SI 14/07; SI 269/01]

22. Such other matters as the court may think fit to dispose of by special summons.

Order 2: Procedure by summary summons

ORDER 2

PROCEDURE BY SUMMARY SUMMONS

1. Procedure by summary summons may be adopted in the following classes of claims:

(1) In all actions, save an application for a European order for payment under Order 42C, where the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising:

(a) upon a contract express or implied (as, for instance, on a bill of exchange, promissory note, or cheque, or other simple contract debt); or

(b) on a bond or contract under seal for payment of a liquidated amount of money; or

(c) on a statute where the sum sought to be recovered is a fixed sum of money or in the nature of a debt other than a penalty; or

(d) on a guarantee, whether under seal or not, where the claim against the principal is in respect of a debt or liquidated demand only; or

(e) on a trust.

[SI 551/08]

(2) In actions where a landlord seeks to recover possession of land, with or without a claim for rent or mesne profits:

(a) against a tenant whose term has expired or has been duly determined by notice to quit; or

(b) for non-payment of rent.

(3) Claims in which the plaintiff in the first instance desires to have an account taken.

2. Procedure by summary summons may be adopted by consent of all parties in the case of a claim not coming within any of the classes in rule 1.

Order 1: Commencement of proceedings

ORDER 1

COMMENCEMENT OF PROCEEDINGS

1. Save as otherwise provided in these Rules, civil proceedings in the High Court shall be instituted by a summons of the court to be called an originating summons.

2. An originating summons for the commencement of plenary proceedings with pleadings and hearing on oral evidence (in these Rules called a plenary summons) shall (save in admiralty proceedings) be in the Form No 1 in Appendix A, Part I.

[SI 248/05]

3. An originating summons for the commencement of summary proceedings without pleadings and to be heard on affidavit with or without oral evidence (in these Rules called a summary summons) shall, in the case of any claim mentioned in Order 2, rule 1, be in the Form No 2 in Appendix A, Part I.

4. An originating summons for the commencement of summary proceedings without pleadings and to be heard on affidavit with or without oral evidence (in these Rules called a special summons) shall, in the case of any claim mentioned in Order 3 (other than in admiralty proceedings) be in the Form No 3 in Appendix A, Part I.

5. Any costs occasioned by the use of any forms of summonses or of indorsements thereon, other or more prolix than the forms in these Rules prescribed shall be borne by the party using the same, unless the court shall otherwise direct.

6. In all proceedings (other than to take a minor into wardship) commenced by originating summons, procedure by plenary summons shall be obligatory except where procedure by summary summons or by special summons is required or authorised by these Rules.