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Rules of the Superior Courts

Amendment to: Order 5
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 com-mercial 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:

....

      (ii) by the substitution for sub-rule (2) of rule 14 of Order 5 of the following sub-rule:

        “(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:
            (i) each claim made by the summons or other originating document is one which by virtue of Regulation No. 1215/2012, Regulation No. 2201/2003, the 1968 Convention or the Lugano Convention, the Court has power to hear and determine, and

            (ii) 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.”

....