Home
English VersionIrish Version
Search for Click to Search
Advanced Search
Printable Version
All SectionsPractice DirectionsCourt Rules Terms & Sittings
Legal Diary Offices & Maps Judgments & Determinations

Rules of the Superior Courts

Order: 3

Procedure by special summons

The below amendment(s) have been made to this instrument which can be viewed by clicking on the link(s):

No3-S.I. No. 97 Of 1990: Rules Of The Superior Courts (No. 1), 1990.
No3-S.I. No. 269 Of 2001: Rules Of The Superior Courts (No. 2) (Amendment To Order 3), 2001
No3-S.I. No. 14 Of 2007: Rules Of The Superior Courts (Statutory Applications And Appeals) 2007
No3-S.I. No. 149 Of 2010: Rules Of The Superior Courts (Land And Conveyancing Law Reform Act 2009) 2010


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.

(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.

(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) the guardianship, care and maintenance or advancement of any infant.

(11) The appointment of a trustee 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 judgement 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.

(12) The determination of any question under the Vendor and Purchaser Act, 1874, section 9.

(13) Any relief under the Married Women's Status Act, 1957 section 12.

(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.

(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 statute to be brought in a summary manner and for which no other procedure is prescribed by these Rules.

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