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Rules of the Superior Courts

Amendment to: Order 61
S.I. No. 156 of 2017: Rules of the Superior Courts (European Account Preservation Order) 2017


1. (1) These Rules, which may be cited as the Rules of the Superior Courts (European Account Preservation Order) 2017, shall come into operation on 15 May 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 2 of Order 61 of the following rule:

        “2. (1) Every appeal under Part IV of the Act shall, subject to Regulation 4(2) of the European Union (European Account Preservation Order) Regulations 2016 (S.I. No. 645 of 2016), be by notice of appeal which shall be served on every party directly affected by the appeal within ten days from the date on which the judgement or order appealed from was pronounced in open court. The notice shall state whether the whole or part only of such judgement or order is appealed from and in the latter case shall specify such part. The notice shall, in the case of appeals to the High Court sitting in Dublin, be for the first opportunity after the expiration of ten days from the date of service, and, in the case of appeals to the High Court on Circuit, be for the next sitting of the High Court on Circuit after the expiration of the said ten days. Such notice of appeal shall be either in the Form No. 1 or the Form No. 2 (as the case may be) in Appendix I.

        (2) Every appeal to the Court under Article 21.1 of the EAPO Regulation (within the meaning of Order 42E) against a decision of the Circuit Court rejecting the application in whole shall be by motion of appeal ex parte (in the Form No. 1 or the Form No. 2 in Appendix I, with the necessary modifications, to which shall be appended a copy of the original application for a Preservation Order), which shall be lodged in the Central Office within the time prescribed by Article 21.2 of the EAPO Regulation.

        (3) Every appeal to the Court under Article 37 of the EAPO Regulation (within the meaning of Order 42E) shall be in the form of the completed application form set out in Annex IX to the Implementing Regulation (within the meaning of Order 42E).”;

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