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Rules of the Superior Courts

Amendment to: Order 11D
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:

...

      (v) by the deletion from rule 1 of Order 11D of the definition:

        ““Regulation No. 44/2001” has the same meaning as in Order 11A, rule 9;”

      (vi) by the substitution for sub-rule (4) of rule 5 of Order 11D of the following sub-rule:

        “(4) The affidavit referred to in sub-rule (3) shall also state that in the deponent's belief:

            (i) each claim made by the summons is one which, by virtue of Regulation No. 1215/2012 (or, as the case may be, Regulation No. 2201/2003) or any amendment thereto, the Court has power to hear and determine, and

            (ii) no other Court has exclusive jurisdiction within the meaning of Regulation No. 1215/2012 or, as the case may be, of Regulation No. 2201/2003, to hear and determine such claim.”

....