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Rules of the Superior Courts

Amendment to: Order 19
S.I. No. 186 of 2017: Rules of the Superior Courts (Personal Injuries Assessment Board Act 2003) 2017


1. (1) These Rules, which may be cited as the Rules of the Superior Courts (Personal Injuries Assessment Board Act 2003) 2017, shall come into operation on the 1st day of June 2017.

(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 2017.

2. The Rules of the Superior Courts are amended

... ...

      (ii) by the substitution for rule 15 of Order 19 of the following rule:

        “15. The defendant or plaintiff (as the case may be) must raise by his pleading all matters which show the action or counterclaim not to be maintainable, or that the transaction is either void or voidable in point of law, and all such grounds of defence or reply, as the case may be, as if not raised would be likely to take the opposite party by surprise, or would raise issues of fact not arising out of the preceding pleadings, as, for instance, fraud, Statute of Limitations, absence of authorisation by the Personal Injuries Assessment Board, release, payment, performance, facts showing illegality either by statute or com- mon law, or Statute of Frauds.”