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Rules of the Superior Courts

Amendment to: Order 11B
S.I. No. 9 of 2016: Rules of the Superior Courts (Jurisdiction, Recognition and Enforcement of Judgments) 2016


1. (1) These Rules, which may be cited as the Rules of the Superior Courts (Jurisdiction, Recognition and Enforcement of Judgments) 2016, shall come into operation on the 12th day of January 2016.

(2) These Rules shall be construed together with the Rules of the Superior Courts.

(3) The Rules of the Superior Courts as amended by these Rules may be cited as the Rules of the Superior Courts 1986 to 2016.

(4) Notwithstanding the commencement of these Rules, any application to the High Court concerning:

      (a) a judgment given in legal proceedings instituted in a Member State of the European Union (other than the State) before 10 January 2015;

      (b) an authentic instrument formally drawn up or registered before 10 January 2015, or

      (c) a court settlement approved or concluded before 10 January 2015,

which falls within the scope of Council Regulation (EC) No. 44/2001 of 22 December 2000 on jurisdiction and enforcement of judgments in civil and commercial matters may be commenced, continued and determined as if these Rules had not come into force.

2. The Rules of the Superior Courts are amended:

.....

      (iv) by the substitution for sub-rule (1) of rule 4 of Order 11B of the following sub-rule:

        “4. (1) Where two or more defendants are parties to proceedings to which the provisions of this Order apply, but not every such co-defendant is domiciled in:

            (i) a Member State of the European Union;

            (ii) a Contracting State of the Lugano Convention, or

            (iii) a state in which of the 1968 Convention is in force,

        for the purposes of the 1998 Act, Regulation No. 1215/2012 or the Lugano Convention, then the provisions of Order 11 requiring leave to serve out of the jurisdiction shall apply to each and every such co-defendant.”;
....