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Guidelines for ... issuing a High Court personal injury summons


The first step in a claim for personal injury is to apply to the Personal Injuries Assessment Board (PIAB). A personal injury summons can be issued when the PIAB provides a certificate stating they are releasing the claim.

Order 1A Rules of the Superior Courts provides the information and the procedure to be followed when issuing a personal injury summons. Form 1 in Appendix CC to Rules of the Superior Courts sets out the format of the personal injury summons.

What to include on a personal injury summons

Page one

  • The heading 'Personal Injury Summons' appears at the top centre of the page
  • The title of the case should be set out as;

Between

..... Plaintiff(s)

and

.... Defendant

The names of the plaintiffs and defendants must be set out in full

- for example, Ann Black and Barry Black (not Ann and Barry Black) and no titles such as Mr. Ms. or Dr. are to be used.

  • Do not fill in the date of issue (after the name of the Chief Justice) - the Central Office of the High Court will give this to you
  • If the plaintiff is a minor, a minor consent document signed by the next friend must be attached.

Page two

Page three

(As the 'Indorsement of Claim' can be more than one page, the reference to page three here is an example, (in fact, it may be page five or six).

  • Set out the items of special damages 'Schedule Particulars of Items of Special Damage'

  • This is followed by the plaintiff's personal details;

1. The address at which the plaintiff ordinarily resides is .... (state adress accurately)

2. The plaintiff's address for service, if different from the plaintiff's address mentioned above, should also be stated here: ....

3. The plaintiff's occupation:

4. The plaintiff's date of birth: Day ... Month ... Year ...

5. The plaintiff's Personal Public Service Number: (If the plaintiff has not been issued with a Personal Public Service Number, this must be stated) ...

  • Confirm the details of the PIAB authorisation

  • The summons should be signed by the solicitor for the plaintiff or by the plaintiff if representing him/herself

  • The following information should be added here;
     

'This summons was issued by (firm of solicitors) whose registered place of business is (insert address of solicitor firm) solicitors

or

'This summons is issued by the plaintiff in person who resides at (insert plaintiff's address)'

  • When a summons is served on a defendant, a record of that service must be noted on the actual summons. This must be done within 3 days of service of the summons, by the person serving the summons

  • The indorsement of service should be added here:

'This summons was served by me on the defendant at (insert place of service) on the (insert date) day of (insert month and year) indorsed the (insert date) day of (insert month and year) Signed: (person who served the summons signs here) Address (insert address of the person who served summons)'

Page four

  • The solicitor's name and address are added to the bottom of the page (this is the back page of the document). If the summons is being issued by the plaintiff in person, the address of the plaintiff should be provided.

 

Issuing the personal injury summons in the Central Office of the High Court

 

1. A personal injury summons is filed and issued by post or in person at the Central Office of the High Court, Four Courts, Inns Quay, Dublin 7.

2. Documents should be on A4 size paper.

3. Before issuing the High Court personal injury summons you should check:

  • Have you attached the correct court fee

  • If you are issuing by post you must include a stamped self-addressed envelope

  • Is the personal injury summons is in the correct format as set out in the link above

  • Have you included three copies of your personal injury summons, one of which will be sealed and returned to you - this is known as the 'original summons' and must be retained. One copy of the summons should be used to serve the defendant and one will be retained in the office

  • Have you read the guidelines for what happens once you have issued a High Court summons

 

Note:

This check-list covers procedural points only - exceptional cases will require further consideration.

It sets out the minimum requirements contained in the Rules of the Superior Courts (S.I. No. 15 of 1986 as amended).

Details of court fees are set out in the Supreme Court, Court of Appeal and High Court Fees Order.

 

NOTE: This is not a legal document and it does not purport to give legal advice. If you need legal advice you should consult a solicitor.

 

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This page updated: 29 November 2016