Rules of the Superior CourtsIndorsement of claim & Indorsement of address
The below amendment(s) have been made to this instrument which can be viewed by clicking on the link(s):
No4-S.I. No. 14 Of 1989: Rules Of The Superior Courts (No. 1), 1989.
No-S.I. No. 585 Of 2001: Rules Of The Superior Courts (No. 4) (Euro Changeover), 2001
No4-S.I. No. 517 Of 2004: Rules Of The Superior Courts (Personal Injuries Assessment Board Act, 2003) 2004
No4-S.I. No. 248 Of 2005: Rules Of The Superior Courts (Personal Injuries) 2005
No4-S.I. No. 506 Of 2005: Rules Of The Superior Courts (Jurisdiction, Recognition, Enforcement And Service Of Proceedings) 2005
No4-S.I. No. 307 Of 2013: Rules Of The Superior Courts (Lugano Convention, Maintenance And Service) 2013
No4-S.I. No. 16 Of 2014: Rules Of The Superior Courts (Courts And Civil Law (Miscellaneous Provisions) Act 2013) 2014
No4-S.I. No. 9 Of 2016: Rules Of The Superior Courts (Jurisdiction, Recognition And Enforcement Of Judgments) 2016
No4-S.I. No. 186 Of 2017: Rules Of The Superior Courts (Personal Injuries Assessment Board Act 2003) 2017
No4-S.I. No. 475 Of 2017: Rules Of The Superior Courts (Service) 2017
1. An indorsement of claim shall be made on every originating summons before it is issued.
2. 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.
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.
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 £2.500||Such sum as would be appropriate to a proceeding for a like amount in the District Court.|
|(b) If the demand exceeds £2,500 but does not exceed £15,000 ||Such sum as would be appropriate to a proceeding for a like amount in the Circuit Court.|
|(c) If the demand exceeds £15,000||£55.00 with £5.00 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.|
(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:-
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—
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.
(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.
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 the registered place of business where summonses, notices, pleadings, petitions, orders, warrants and other documents may be left for him.
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 an address for service within the jurisdiction, where summonses, notices, pleadings, petitions, orders, warrants and other documents may be left for him.
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.