Rules of the Superior CourtsProcedure by Personal Injuries Summons : S.I. No. 248 of 2005
The below amendment(s) have been made to this instrument which can be viewed by clicking on the link(s):
No1A-S.I. No. 13 Of 2018: Rules Of The Superior Courts (Mediation) 2018
No1A-S.I. No. 430 Of 2018: Rules Of The Superior Courts (Personal Injuries: Periodic Payments Orders) 2018
1. In this Order unless the context or subject matter otherwise requires -
"the Act" means the Civil Liability and Courts Act 2004;
"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 of this Order;
"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 223 (inserted by section 14 of the Social Welfare Act 1998) of the Social Welfare (Consolidation) Act 1993.
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.
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.
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.
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.
6. 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.
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.
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.
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.
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 lodgment 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.
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:
An order sought in an application referred to in paragraphs (i), (ii), (iii) or (iv) of this sub-rule shall not be made unless:
(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.
(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.
(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 twenty eight 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.
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:
VII. Formal Offers
(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.
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.
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.