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Rules of the Superior Courts

Amendment to: Order 5
S.I. No. 506 of 2005: Rules of the Superior Courts (Jurisdiction, recognition, enforcement and service of proceedings) 2005


1. The Rules of the Superior Courts are hereby amended by:

    (ii) the insertion of the following as Order 5, rule 14, in substitution for the existing Order 5, rule 14:
        “14. (1) Save as is otherwise provided for in these Rules, no summons or other originating document for service out of the jurisdiction or of which notice is to be given out of the jurisdiction, shall be issued without leave of the Court.

          (2) Service of an originating summons or other originating document or notice of an originating summons or other originating document out of the jurisdiction is permissible without the leave of the Court, if, but only if, it complies with the following conditions:
              (1) each claim made by the summons or other originating document is one which by virtue of Regulation No. 44/2001, Regulation No. 2201/2003, the 1968 Convention or the Lugano Convention, the Court has power to hear and determine, and

              (2) 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 in a Contracting State of the Lugano Convention.”

......