Court Rules of Ireland

Superior Court Rules

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 1B: Defamation Act, 2009

ORDER 1B

DEFAMATION ACT, 2009

I. Preliminary

1. In this Order:

‘the Act’ means the Defamation Act, 2009 and any reference in this Order to a section shall, unless the context otherwise requires, be deemed to be a reference to a section of the Act;

‘defamation action’ has the same meaning as in section 2.

[SI 511/09]

II. Verifying affidavit under section 8

2. (1) A pleading requiring, under section 8, to be verified on affidavit shall be in the Form No 4 in Appendix CC, with such modifications as may be necessary. The affidavit, if not separate from the pleading concerned, may be endorsed upon such pleading.

(2) A copy of the affidavit of verification shall be delivered to the party to whom the pleading is to be delivered. Where the affidavit is endorsed on the pleading, the copy of the affidavit shall be delivered within the time prescribed by these Rules for delivery of such pleading. Otherwise, the affidavit shall be delivered within the time prescribed by section 8(5) for filing of the affidavit in court.

(3) An affidavit of verification shall be lodged in court as required by section 8(5) by filing the same in the Central Office.

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

[SI 511/09]

III. Applications under sections 11, 14, 33 and 34, and under section 11(2)(c) of the Statute of Limitations 1957

3. (1) An application for leave under section 11(2) may be brought by originating motion ex parte, grounded upon an affidavit sworn by or on behalf of the moving party. The court may, on the hearing of such an application, give such directions, if any, as to the giving of notice of the application or otherwise, as it considers just and convenient.

(2) Where a defamation action has not been brought before the court in respect of the statement in question, an application to the court for a direction under section 11(2)(c) of the Statute of Limitations 1957 shall be brought by originating notice of motion, in which the intending plaintiff shall be named as applicant and the intended defendant as respondent. The application shall be grounded upon an affidavit sworn by or on behalf of the moving party.

(3) The following applications in a defamation action shall be made by motion to the court on notice to the opposing party, grounded upon an affidavit sworn by or on behalf of the moving party:

(i) an application for a ruling under section 14;

(ii) an application for an interlocutory order under section 33;

(iii) an application for summary relief under section 34(1), and

(iv) an application to dismiss the defamation action under section 34(2).

(4) Where no defamation action has been brought in relation to a statement referred to in section 33, an application:

(i) for an interim order under sub-section (3)(a) of that section shall, unless the court otherwise directs, be made by originating motion ex parte, entitled in the matter of section 33, in which the person referred to as plaintiff in section 33 is named as applicant and the person referred to as defendant in section 33 is named as respondent, grounded upon an affidavit sworn by or on behalf of the applicant;

(ii) for an interlocutory order under sub-section (3)(b) of that section, or for a permanent order under sub-section (3)(c) of that section, or for both, shall be made by originating notice of motion entitled in the matter of section 33, in which the person referred to as plaintiff in section 33 is named as applicant and the person referred to as defendant in section 33 is named as respondent, grounded upon an affidavit sworn by or on behalf of the applicant, unless an interim order referred to in paragraph (i) has been sought, in which case the application shall be by notice of motion in the proceedings referred to in that paragraph.

(5) The provisions of sub-rules (2) to (4) of rule 5 and rule 6 shall apply mutatis mutandis to an application under paragraph (ii) of sub-rule (4) and the affidavit referred to in either paragraph (i) or paragraph (ii) of sub-rule (4) shall identify with sufficient precision or exhibit a copy or transcript of the statement in respect of which the application is made.

[SI 511/09]

IV. Applications under section 23 where an offer to make amends is accepted

4. (1) Where a defamation action has been brought before the court in respect of the statement in question and an offer to make amends under section 22 is accepted, an application:

(i) under paragraph (a) of section 23(1) for an order directing the party who made the offer to take the measures concerned, or

(ii) under paragraph (b) of section 23(1) for the leave of the court to make a correction and apology by means of a statement before the court in such terms as may be approved by the court and to give an undertaking as to the manner of their publication

shall be made by motion on notice to the opposing party, and shall be grounded upon an affidavit sworn by or on behalf of the moving party.

(2) Where a defamation action has been brought before the court in respect of the statement in question, an offer to make amends under section 22 is accepted, and the parties do not agree as to the damages or costs that should be paid by the person who made the offer, the plaintiff shall apply by motion on notice to the defendant for the court’s directions (which may, without limitation, include an order allowing either party to alter or amend his pleadings) for the conduct of an application for a determination under paragraph (c) of section 23(1).

[SI 511/09]

5. (1) Where no defamation action has been brought before the court in respect of the statement in question and an offer to make amends under section 22 is accepted, an application to the court:

(i) under paragraph (a) of section 23(1) for an order directing the party who made the offer to take the measures concerned,

(ii) under paragraph (b) of section 23(1) for the leave of the court to make a correction and apology by means of a statement before the court in such terms as may be approved by the court and to give an undertaking as to the manner of their publication, or

(iii) for a determination under paragraph (c) of section 23(1)

shall be made by originating notice of motion entitled in the matter of section 23 and in which the person to whom the offer was made shall be named as applicant and the person who made the offer shall be named as respondent, which motion shall be grounded upon an affidavit sworn by or on behalf of the moving party.

(2) Notice of an application under sub-rule (1) shall be given by delivering copies of the originating notice of motion and grounding affidavit and any exhibits thereto to the respondent not later than four clear days before the return date for the originating notice of motion.

(3) Save as otherwise directed by the court, the respondent to such originating notice of motion may deliver a replying affidavit within two weeks of the delivery to him or her of copies of the said originating notice of motion and grounding affidavit.

(4) Save as otherwise directed by the court, the applicant may deliver a further affidavit within two weeks of the delivery of any replying affidavit.

[SI 511/09]

6. Save in the case of an application under paragraph (a) of section 23(1), the court may, at the hearing of an originating motion under rule 5 (and in addition to any other order it may make):

(a) make such orders or give such directions as seem appropriate for the delivery of further affidavits and for the determination of the application;

(b) direct that the application (or any undetermined part of the application) be determined by way of plenary hearing, where it appears to the court that the subject matter of the application is likely to involve a substantial dispute of fact or it is otherwise necessary or desirable in the interests of justice (and the court may for that purpose make orders and give directions in relation to the exchange of pleadings or points of claim or defence between the parties).

[SI 511/09]

7. A grounding affidavit referred to in rules 4 and 5 shall:

(i) identify with sufficient precision or exhibit a copy or transcript of the statement to which the offer of amends relates;

(ii) exhibit a copy of the offer of amends, and

(iii) give particulars of any agreement asserted to have been made arising from the acceptance of the offer of amends.

[SI 511/09]

8. Where an offer to make amends under section 22 is accepted, an application to the court under paragraph (d) of section 23(1) to bring or proceed with a defamation action against another person in respect of the statement to which the offer to make amends applies shall:

(i) where a defamation action has been brought before the court in respect of the statement in question against that other person, be made by motion in that defamation action on notice to the defendant, grounded upon an affidavit sworn by or on behalf of the moving party;

(ii) where a defamation action has not been brought before the court in respect of the statement in question against that other person, be made by originating notice of motion entitled in the matter of paragraph (d) of section 23(1) and in which the person to whom the offer was made shall be named as applicant and the other person referred to in paragraph (d) of section 23(1) shall be named as respondent, which motion shall be grounded upon an affidavit sworn by or on behalf of the moving party, and a copy of which motion and affidavit shall be served on the respondent not later than seven clear days before the date on which the motion is returnable.

[SI 511/09]

V. Notification of evidence of apology under section 24

9. Where a defendant in a defamation action intends to give evidence to which section 24(1) applies, he may notify the plaintiff of such intention in accordance with section 24(2) of the Act by including a statement in his defence of such intention.

[SI 511/09]

VI. Particulars of evidence in mitigation

10. In a defamation action, in which the defendant does not by his defence assert the truth of the statement complained of in accordance with section 16, the defendant shall not be entitled on the trial to give evidence in chief, with a view to mitigation of damages, as to the circumstances under which the defamatory statement was published, or as to the character of the plaintiff, without the leave of the Judge, unless seven days at least before the trial he furnished particulars to the plaintiff of the matters as to which he intends giving evidence.

[SI 511/09]

Order 1A: Procedure by personal injuries summons

ORDER 1A

PROCEDURE BY PERSONAL INJURIES SUMMONS

I. Preliminary

Definitions

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

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

“the 1961 Act” means the Civil Liability Act 1961 (as amended by the Civil Liability (Amendment) Act 2017);

“catastrophic injury” has the meaning assigned to it by section 51H of the 1961 Act;

the “index” means the Harmonised Index of Consumer Prices as published by the Central Statistics Office or such other index as is for the time being specified by the Minister for Justice and Equality under section 51L of the 1961 Act;

“periodic payments order” has the meaning assigned to it by section 51I of the 1961 Act;

“paying party” has the meaning assigned to it by section 51H of the 1961 Act;

“personal injuries action” has the same meaning as in section 2 of the Act and “action” shall be interpreted accordingly;

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

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

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

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

“Personal Public Service Number” means the Personal Public Service Number allocated and issued to a person under section 262 of the Social Welfare (Consolidation) Act 2005;

“stepped payment” has the meaning assigned to it by section 51I of the 1961 Act.

[SI 430/18]

Application of this Order

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

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

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

[SI 248/05]

II. Commencement of Proceedings

Personal injuries summons

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

[SI 248/05]

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

[SI 248/05]

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

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

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

[SI 248/05]

6.(1) Where a plaintiff who has not served the notice required by section 8(1) of the Act within the time prescribed for service of such a notice alleges that there was a reasonable cause for such failure, the personal injuries summons shall include particulars of the cause of the said failure.

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

[SI 216/19]

III. Pleadings

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

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

[SI 248/05]

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

[SI 248/05]

Pleading as to periodic payments order

8A. (1) A personal injuries summons may include a statement that the plaintiff’s claim is one in respect of the whole or part of which it is appropriate that a periodic payments order be made and where such statement is made, the personal injuries summons shall—

(a) state whether a periodic payments order is sought in respect of one or more of the following:

(i) the future medical treatment of the plaintiff,

(ii) the future care of the plaintiff,

(iii) the provision of assistive technology or other aids and appliances associated with the medical treatment and care of the plaintiff, and

(iv) damages in respect of future loss of earnings,

(b) state whether the periodic payments order should include provision for a stepped payment,

(c) provide particulars of the circumstances relied on in seeking a periodic payments order, including any matters referred to in section 51I(2) and section 51J of the 1961 Act as may be relevant, and (where sought) provision for a stepped payment.

(2) A personal injuries defence may—

(a) accept or join issue with a statement referred to in sub-rule (1), without prejudice to the defendant’s plea as to liability,

(b) where a statement referred to in sub-rule (1) is not included in the personal injuries summons, include a statement that the plaintiff’s claim is one in respect of the whole or part of which it is appropriate that a periodic payments order be made and where such statement is made, the defence shall contain the information set out at paragraphs (a) to (c) of sub-rule (1).

(3) Where—

(a) the personal injuries summons does not include a statement that the plaintiff’s claim is one in respect of the whole or part of which it is appropriate that a periodic payments order be made and the plaintiff intends to apply for such an order, notice in writing of such intention shall be sent by the plaintiff to the defendant not later than 14 days before the date on which the action is listed for hearing,

(b) neither the personal injuries summons nor the defence includes a statement that the plaintiff’s claim is one in respect of the whole or part of which it is appropriate that a periodic payments order be made and the defendant intends to apply for such an order, notice in writing of such intention shall be sent by the defendant to the plaintiff not later than 14 days before the date on which the action is listed for hearing.

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

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IV. Verification of facts alleged

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

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

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

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

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V. Interlocutory Applications

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

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

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

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

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

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

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

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

(b) a period of 28 days for compliance with the moving party’s request has been allowed; and

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

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

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VI. Mediation

12. (1) A request by a party for a direction of the court under section 15 of the Act that a mediation conference be held shall be made by motion to the court on notice to the opposing party or parties, grounded upon an affidavit sworn by or on behalf of the moving party.

(2) Where the court directs that a mediation conference be held, it may adjourn the proceedings for such time as it considers appropriate to enable the mediation conference to be held.

(3) Where the court directs that a mediation conference be held, it may extend the time for compliance by the parties or any of them with any provision of these Rules or any order of the court in the proceedings.

(4) The report under section 16 of the Act of the person appointed under section 15(4) of the Act to be the chairperson of a mediation conference shall be by way of affidavit which shall verify:

(a) his or her appointment as mediator;

(b) whether the mediation conference was or was not held;

(c) if not held, the reasons why the mediation conference did not take place;

(d) if held, (i) the time and place at which the mediation conference was held; (ii) the parties in attendance; (iii) whether or not a settlement has been reached in the action and (iv) the terms of any settlement signed by the parties.

(5) The Court may give a direction under section 15 of the Act of its own motion on any occasion on which the personal injuries action is before the Court.

[SI 13/18; SI 248/05]

VII. Formal Offers

13. Copies of the plaintiff’s notice of an offer of terms of settlement required by section 17(1) of the Act and of the defendant’s notice required by section 17(2) of the Act shall be lodged in court by being filed (together with an affidavit as to the service of the same on the opposing party) in the Central Office as soon as may be after the expiry of the prescribed period referred to in section 17(3) of the Act. Such notice shall be in the Form No 5 in Appendix CC.

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VIII. Pre-trial hearing

14. (1) A person presiding over a pre-trial hearing directed by the court under section 18 of the Act may at such hearing give such directions and make such orders as may be necessary for the purposes of determining what matters relating to the action are in dispute.

(2) Any direction given or order made at a pre-trial hearing by a person, other than a Judge, presiding over such hearing, may be appealed to the court by a party affected.

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IX. Periodic payments orders Consideration of periodic payments order

15. (1) Where:

(a) the Court has determined to award damages for personal injuries to a plaintiff who has suffered a catastrophic injury and

(b) the plaintiff or the defendant applies for a periodic payments order under section 51I(1) of the 1961 Act, where there is no agreement that such an order should be made, or

(c) the parties apply for a periodic payments order under section 51I(3) of the 1961 Act in accordance with terms which have been agreed by the parties,

the Court may, and if it thinks fit prior to determining the amount of such damages,

(i) where satisfied that it may do so without the need for a separate hearing and, except in a case to which paragraph (c) of sub-rule (1) applies, having heard the parties on whether or not a periodic payments order should be made, or

(ii) following a hearing referred to in sub-rule (2), make a periodic payments order.

(2) The Court may fix a date for a separate hearing on whether or not a periodic payments order should be made, and, if so, what form such periodic payments order should take and may for that purpose make orders or give directions:

(a) for the delivery, exchange or filing of further reports or the giving of evidence at any hearing fixed to address one or more of the following matters-

(i) any one or more of the matters mentioned in section 51I(1) or 51I(2) of the 1961 Act,

(ii) any changes anticipated in the plaintiff’s circumstances to which section 51I(4) of the 1961 Act applies,

(iii) where a stepped payment is sought, any one or more of the matters referred to in section 51I(6)(h) of the 1961 Act, and

(iv) the requirements of section 51J of the 1961 Act;

(b) for the delivery, exchange or filing by any party of a draft periodic payments order.

(3) The parties at a hearing under sub-rules (1) or (2) shall also be heard as to the form which a periodic payments order, if made, should, in accordance with section 51I of the 1961 Act, take.

(4) An application under section 51I(3) shall be made by motion on notice unless the Court otherwise directs.

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Applications by notice of motion following the making of a periodic payments order

16. (1) In any case in which the Court has made a periodic payments order, the following applications to the Court may be made by notice of motion in the personal injuries action or proceedings in which the periodic payments order was made:

(a) an application under section 51K(1) of the 1961 Act by a paying party to alter the method of payment specified in a periodic payments order; in such a case, the application shall be on notice to the plaintiff or, where the plaintiff has with the approval of the Court assigned his or her right to payments under a periodic payments order pursuant to section 51M(1) of the 1961 Act, the person to whom the right is assigned, and grounded upon an affidavit sworn by or on behalf of the moving party exhibiting a letter of consent to the altered method of payment and setting out:

(i) how continuity of the payments under the periodic payments order will be secured notwithstanding the alteration to the method of payment and

(ii) how the alteration to the method of payment concerned is capable of adjustment in accordance with the index;

(b) an application under section 51M(1) of the 1961 Act to the Court that made the order by a plaintiff for approval to assign, commute or charge a right to receive payments under a periodic payments order; in such a case the application shall be grounded upon an affidavit which shall provide evidence as to the matters specified in section 51M(4) of the 1961 Act, and the Court may direct service of the motion and a copy of the grounding affidavit on any person who it considers ought to be on notice;

(c) any other application concerning the operation of the periodic payments order, in which case the application shall be on notice to the paying party or, as the case may be, the plaintiff or, where the plaintiff has with the approval of the Court assigned his or her right to payments under a periodic payments order pursuant to section 51M(1) of the 1961 Act, the person to whom the right is assigned, and grounded upon an affidavit sworn by or on behalf of the moving party.

(2) The notification to the Court for the purposes of section 51I(7) of the 1961 Act shall be made by the plaintiff or, where the plaintiff is legally represented in the proceedings, the plaintiff’s solicitor lodging with the proper officer of the Central Office by any method permitted by Order 117A a letter containing such notification addressed to the proper officer of the Central Office headed with the title and record number of the proceedings and signed by the plaintiff or (as the case may be) the plaintiff’s solicitor, and at the same time delivering or sending by pre-paid registered post a copy of that letter to the paying party.

(3) A copy of a periodic payments order as amended in accordance with section 51I(8) of the 1961 Act shall be sent to the plaintiff and the paying party by electronic mail or ordinary post, or by such other means as the proper officer considers sufficient.

[SI 430/18]

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.

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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.