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Rules of the Superior Courts

Amendment to: Order 19
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:

....

      (ix) by the substitution for Order 19, rule 3A of the following rule:

        “3A. Where a statement of claim concerns a claim which the Court has power to hear and determine by virtue of any of Regulation No. 1215/2012, Regulation No. 2201/2003, the Lugano Convention or the 1968 Convention, the following provisions shall apply:

        (1) The statement of claim shall be endorsed with a statement that the Court has power under Regulation No. 1215/2012, Regulation No. 2201/2003, the Lugano Convention or the 1968 Convention (as the case may be) to hear and determine the claim and shall specify the particular provision or provisions of the relevant instrument concerned under which the Court should assume jurisdiction; and

        (2) The statement of claim shall be endorsed with a statement that no proceedings between the parties concerning the same cause of action are pending between the parties in another Member State of the European Union or (as the case may be) in a Contracting State of the Lugano Convention.”

....