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Rules of the Superior Courts

Appendix: B

Indorsements & Pleadings
[as amended by S.I. No. 511 of 2009]



Forms:
Part I. Indorsement of character of parties.
Part II. General indorsement of claim.
Part III. Special indorsement of claim
- 1. Summary summons.
- 2. Special summons.
Part IV. Statement of claim
Part V. Defence.
Part VI. Reply.


PART I.

INDORSEMENT OF CHARACTER OF PARTIES.


O. 4, r. 9

Executors.

The plaintiff's claim is as executor [or administrator] of C.D., deceased, for, &c.

The plaintiff's claim is against the defendant A.B., as executor [or, &c.] of C.D., deceased, for &c.

The plaintiff's claim is against the defendant A.B., as executor of X.Y., deceased, for &c., and against the defendant C.D., in his personal capacity, for, &c.

Assignee in bankruptcy.

The plaintiff's claim is as assignee under the bankruptcy of A.B., for

Trustee.

The plaintiff's claim is as [or the plaintiff's claim is against the defendant as] trustee under the will of A.B. [or under the settlement upon the marriage of A.B. and X.Y. his wife].

Heir and devisee.

The plaintiff's claim is against the defendant as heir-at-law of A.B., deceased.

The plaintiff's claim is against the defendant C.D., as heir-at-law, and against the defendant E.F. as devisee of lands under the will of A.B.


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PART II.

GENERAL INDORSEMENT OF CLAIM.


O. 4, r. 2

Probate propounding will in solemn form.

The plaintiff's claim is as executor of the last will, dated the ... day of ...., of C.D., late of ... ... deceased, who died on the ... day of ... ... to have the said will established. This summons is issued against you as one of the next-of-kin of the said deceased [or as the case may be].

Revocation of probate

The plaintiff's claim is as executor of the last will dated the ... day of ... ... , of C.D., late of ... ... , deceased, who died on the ... day of ... ... , to have the probate of a pretended will of the said deceased, dated the ... day of ... ... , revoked. This summons is issued against you as the executor of the said pretended will [or as the case may be].

Revocation of letters of administration.

The plaintiff's claim is as executor of the last will dated the ... day of ... ... C.D., late of ... ... ... deceased, who died on the ... day of ... ... ..., to have the said will established and to have the grant of administration of the estate of the said deceased obtained by the defendant revoked.

By a person claiming a grant of administration as next-of-kin of the deceased, but whose next-of-kin is disputed.

The plaintiff's claim is as the lawful brother and sole next-of-kin of C.D. late of... ... ... , deceased, who died on the... ... ... day of... ... ... , intestate, to have a grant of administration to the estate of the said intestate. This summons is issued against you because you have entered a caveat, and have alleged that you are the sole next-of-kin of the deceased [or as the case may be].

Contract.

The plaintiff's claim is for damages for breach of contract to employ the plaintiff as [as the case may be].

The plaintiff's claim is for damages for wrongful dismissal from the defendant's employment as... ... ... [and £ ... for arrears of wages].

The plaintiff's claim is for damages for the wrongful quitting of the plaintiff's employment as [as the case may be] by the defendant.

The plaintiff's claim is for damages for breach of duty as agent [or, &c.] of the plaintiff [and £... ... ... for money received as agent, &c.].

Apprentices.

The plaintiff's claim is for damages for breach of the terms of a deed of apprenticeship of X.Y. to the defendant [orplaintiff].

Arbitration.

The plaintiff's claim is for damages for non-compliance with the award of X.Y.

Assault.

The plaintiff's claim is for damages for assault and false imprisonment [and for malicious prosecution].

Bailment.

The plaintiff's claim is for damages for negligence in the custody of goods (and for wrongfully detaining same].

Pledge.

The plaintiff's claim is for damages for negligence in the keeping of goods pawned [and for wrongfully detaining same].

Hire.

The plaintiff's claim is for damages for negligence in the custody of ... ... ... lent on hire [and for wrongfully, &c.].

Banker.

The plaintiff's claim is for damages for wrongfully neglecting [or refusing] to pay the plaintiff's cheque.

Bill.

The plaintiff's claim is for damages for breach of contract to accept the plaintiff's drafts.

Bond.

The plaintiff's claim is upon a bond conditioned not to carry on the trade of a

Claim for return of goods and damages.

The plaintiff's claim is for return of household furniture [or, &c.], or their value, and for damages for detaining the same.

Damages for depriving of goods.

The plaintiff's claim is for wrongfully depriving the plaintiff of goods, household furniture, &c.

Defamation. [S.I. No. 511 of 2009]

The plaintiff’s claim is for damages for defamation

[State whether an offer to make amends under section 22 of the Defamation Act 2009 by a person who has published the statement has been accepted and, if so, provide particulars of the order made under paragraph (d) of section 23(1) permitting the bringing of these proceedings.]

Replevin.

The plaintiff's claim is for replevin for goods wrongfully distrained.

Wrongful distress.

The plaintiff's claim is for damages for improperly distraining.

[This form shall be sufficient whether the distress complained of be wrongful or excessive, or irregular, and whether the claim be for damages only, or for double value.]

Ejectment.

The plaintiff's claim is to recover possession of a house, No. in ... ... ... Street, situate in the parish of ... ... ... and city [or town; of ... ... ... [or a farm called Blackacre, situate in the barony of ... ... ... and county of ... ... ... ]

To establish title and recover rents.

The plaintiff's claim is to establish his title to [here describe property], and to recover the rents thereof.

[The two previous forms may be combined.]

Fishery.

The plaintiff's claim is for damages for infringement of the plaintiff's right of fishing.

Fraud.

The plaintiff's claim is for damages for fraudulent misrepresentation on the sale of a horse [or a business, or shares, or, &c.].

The plaintiff's claim is for damages for fraudulent misrepresentation of the credit of X.Y.

Guarantee.

The plaintiff's claim is for damages for breach of a contract of guarantee for X.Y.

Insurance.

The plaintiff's claim is for a loss under a policy upon the ship "Irish Charter," and freight or cargo [or for return of premiums]. [This form shall be sufficient whether the loss claimed be total or partial.]

Fire insurance.

The plaintiff's claim is for a loss under a policy of fire insurance upon house and furniture.

The plaintiff's claim is for damages for breach of a contract to insure a house.

Landlord and tenant.

The plaintiff's claim is for damages for breach of contract to keep a house in repair.

The plaintiff's claim is for damages for breaches of covenants contained in a lease of a farm.

The plaintiff's claim is for damages for injury to the plaintiff from the defendant's negligence as a [doctor, solicitor or as the case may be].

Negligence.

The plaintiff's claim is for damages for injury to the plaintiff by the negligence of the defendant, his servants or agents.

The plaintiff's claim is for damages for injury to the plaintiff at the defendant's premises, from the defective condition thereof.

Fatal Injuries.

The plaintiff's claim is as executor of X.Y., deceased, for damages for the death of the said X.Y., from injuries received due to the negligence of the defendant, his servants or agents.

Seduction.

The plaintiff's claim is for damages for the seduction of the plaintiff's daughter.

Sale of goods.

The plaintiff's claim is for damages for breach of contract to accept and pay for goods.

The plaintiff's claim is for damages for non-delivery [or short delivery, or defective quality, or other breach of contract of sale] of

The plaintiff's claim is for damages for breach of warranty of a horse.

Sale of land.

The plaintiff's claim is for damages for breach of a contract to sell [or purchase] land.

The plaintiff's claim is for damages for breach of a contract to let [or take; a house.

The plaintiff's claim is for damages for breach of a contract to sell [or purchase] the lease, with goodwill, fixtures, and stock-in-trade of a public-house.

The plaintiff's claim is for damages for breach of a covenant for title [or for quiet enjoyment, or, &c.] in a conveyance of land.

Support.

The plaintiff's claim is for damages for wrongfully taking away the support of plaintiff's land [or house or mine].

Way.

The plaintiff's claim is for damages or wrongfully obstructing a way [public highway or a private way].

Watercourse, &c.

The plaintiff's claim is for damages for wrongfully diverting [or obstructing or polluting, or diverting water from] a watercourse.

The plaintiff's claim is for damages for wrongfully discharging water upon the plaintiff's land [or into the plaintiff's mine].

Light.

The plaintiff's claim is for damages for obstructing the access of light to the plaintiff's house.

Patent.

The plaintiff's claim is for damages for the infringement of the plaintiff's patent.

Copyright.

The plaintiff's claim is for damages for the infringement of the plaintiff's copyright.

Trade mark.

The plaintiff's claim is for damages for wrongfully using [or imitating] the plaintiff's trade mark.

Work.

The plaintiff's claim is for damages for breach of a contract to build a ship [or to repair a house, &c.]

The plaintiff's claim is for damages for breach of a contract to employ the plaintiff to build a ship, &c.

Nuisance.

The plaintiff's claim is for damages to his house, trees, crops, &c., caused by noxious vapours from the defendant's factory [or, &c.].

The plaintiff's claim is for damages from nuisance by noise from the defendant's works [or stables] [or, &c.].

Partnership.

The plaintiff's claim is to have an account taken of the partnership dealings between the plaintiff and defendant [under articles of partnership dated the ... day of ... ... ] and to have the affairs of the partnership wound up.

Specific performance.

The plaintiff's claim is for specific performance of an agreement dated the ... day of ... ... , for the sale by the plaintiff to the defendant of certain hereditaments at .... (When appropriate add to indorsement):

Mandamus.

And for a mandamus commanding the defendant to

Injunction.

or And for an injunction to restrain the defendant from

Mesne profits.

or And for mesne profits.

Arrears of rent.

or And for £ ... rent or arrears of rent.

Breach of covenant.

or And for breach of covenant for .


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PART III.

SPECIAL INDORSEMENT OF CLAIM

1. SUMMARY SUMMONS.

No. 1.


O. 4, r. 4

The plaintiff's claims is for the price of goods sold and delivered by the plaintiff to the defendant at the defendant's request.


PARTICULARS.

1960— 1st January to 31st March—

For goods supplied between these dates full particulars whereof having been furnished in writing to the defendant (or if not here set out particulars) ...... £ ______

1960—1st February—Credit ... ... ... ... ... £ ______

Balance due ... ... ... ... ... £______

(Signed)


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No. 2


The plaintiff's claim is against the defendant, as maker of a promissory note for £... , dated 1st January, 1960, payable four months after date.

PARTICULARS.

Principal ... ... ... ... ... ... £

Interest ... ... ... ... ... ... £ _____

Amount due ... ... ... ... ... £ _____


(Signed)

________

No. 3


The plaintiff's claim is against the defendant as drawer of a bill of exchange for £ ... ... , dated 1st March, 1960, drawn upon E.F. payable to plaintiff three months after date, which was duly presented for payment and dishonoured,

PARTICULARS.

(Signed)

_______

No. 4.


The plaintiff's claim is for possession of the lands of ... ... ... situate in the ... ... ... of ... ... ... and county of ... ... ... , lately held by the defendant as tenant to the plaintiff under lease [or contract of tenancy] dated ... ... ... for the term of ... ... ... [or from year to year or as the case may be] which said lease [or tenancy] duly determined on the ... day of ... ... ... , last by reason of the expiration of the said term [or notice to quit duly served on the ... day of ... ...].

(Signed)

_______

No. 5.


The plaintiff's claim is for possession of the lands of ... ... ... situate in the ... ... ... of... ... ... and county of ... ... ... held by the defendant as tenant to the plaintiff under lease [or contract of tenancy] dated. .. ... ... at the yearly rent of £... on the ground that the sum of £... being one full year and upwards of such rent due and ending 29th September, 1960, is due to the plaintiff.

[Add where appropriate: There is no person in occupation as tenant otherwise than as immediate tenant to the plaintiff of the said lands or any part thereof, or as the case may be].


PARTICULARS.

1959, September 29. Balance of one year's rent ... ... £ _____

1960, September 29. One year's rent ... ... ... £ _____


(Signed)

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2. SPECIAL SUMMONS.

No. 1.

Administration.


The plaintiff's claim is as one of the next-of-kin of the above named X.Y., deceased, who died on [date] intestate for an order for the administration of the estate of the said deceased with all necessary and proper accounts, inquiries and directions.

(Indorsement of character in which defendant is sued.)


(Signed)

_______

No. 2.

Construction.


The plaintiff's claim is as the executor and trustee of the said will mentioned in the title hereof of X. Y., deceased, for the determination of the following questions arising (in the administration of the estate, and) upon the construction of the said will of the said testator, and in the events that have happened, viz.:— (Set out questions in form which will enable them as far as possible to be answered "yes" or "no") and that the cost of the proceedings may be provided for.

The defendant is sued as [state nature of his interest, or capacity in which he is sued].


(Signed)

_______

No. 3.

Claim by amortgagee.


The plaintiff's claim is for:—

1. a declaration that under and by virtue of an indenture of mortgage dated ... ... ... and made between ... ... ... (or, the deposit by the defendant with the plaintiff on [date] of the title deeds and documents relating to the lands and premises described in the appendix hereto by way of equitable mortgage) for securing repayment of [give short particulars] the sum of £ ... for principal, together with the sum of £ ... for interest up to [date], making in the aggregate the sum of £... , together with further interest on the said principal sum until payment, stand well charged on the lands and premises described in the appendix hereto;

2. if necessary, that an account may be taken of the moneys due to the plaintiff on foot of the said mortgage;

3. that, in default of payment of the said moneys, payment thereof may be enforced by a sale of the said lands and premises, or by the appointment of a receiver, or by both;

4. further and other relief;

5. costs.


Appendix

(Signed)

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PART IV.

STATEMENT OF CLAIM

No. 1.


O. 19, r. 4

Heading of Statement of Claim.

__________

THE HIGH COURT


19

No.

Between A.B.,

Plaintiff,

and C.D.,

Defendant.


Statement of claim

Delivered on the ... day of ...... , 19... ,by E.F., of (registered place of business), solicitor for the plaintiff [or as the case may be].

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PART V.

DEFENCE.

No. 1.


O. 19, r. 4

Heading of defence.

THE HIGH COURT.


19

No.

Between A.B.,

Plaintiff,

and C.D.,

Defendant.


DEFENCE.

Delivered on the ... day of ......, 19.. , by G.H. of (registered place of business), solicitor for the defendant.

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PART VI.

REPLY.

No. 1.


O. 19, r. 4

Heading of reply.

THE HIGH COURT.


19

No.

Between A.B.,

Plaintiff,

and C.D.,

Defendant.


REPLY.

Delivered on the ... day of ...... 19..., by E.F., of (registered place of business), solicitor for the plaintiff.

1. The plaintiff joins issue with the defendant on his defence save and in so far as the same contains admissions.

2. [as may be necessary].