Appendix B : Indorsements & Pleadings
|Part I||Indorsement of Character of Parties|
|Part II||General Indorsement of Claim|
|Part III||Special Indorsement of Claim|
Part III (1)
Part III (2)
|Part IV||Statement of Claim|
O. 4, r. 9
Heir and devisee.
Data protection action by body mandated by data subject: section 117(7) or 120(2), Data Protection Act 2018.
Text substituted by SI 223 of 2019 effective 19 June 2019.
PART II: GENERAL INDORSEMENT OF CLAIM.
O. 4, r. 2
Probate propounding will in solemn form.
Revocation of probate
Revocation of letters of administration.
By a person claiming a grant of administration as next-of-kin of the deceased, but whose next-of-kin is disputed.
The plaintiff's claim is as the lawful brother and sole next-of-kin of C.D. late of... ... ... , deceased, who died on the... ... ... day of... ... ... , intestate, to have a grant of administration to the estate of the said intestate. This summons is issued against you because you have entered a caveat, and have alleged that you are the sole next-of-kin of the deceased [or as the case may be].
The plaintiff's claim is for damages for breach of contract to employ the plaintiff as [as the case may be].
Claim for return of goods and damages.
Damages for depriving of goods.
[State whether an offer to make amends under section 22 of the Defamation Act 2009 by a person who has published the statement has been accepted and, if so, provide particulars of the order made under paragraph (d) of section 23(1) permitting the bringing of these proceedings.]
To establish title and recover rents.
Landlord and tenant.
Sale of goods.
Sale of land.
Arrears of rent.
Breach of covenant.
O. 4, r. 4
The plaintiff's claim is for the price of goods sold and delivered by the plaintiff to the defendant at the defendant's request.
1960— 1st January to 31st March—
For goods supplied between these dates full particulars whereof having been furnished in writing to the defendant (or if not here set out particulars) ...... € ______
1960—1st February—Credit ... ... ... ... ... € ______
Balance due ... ... ... ... ... €______
The plaintiff's claim is against the defendant, as maker of a promissory note for €... , dated 1st January, 1960, payable four months after date.
Principal ... ... ... ... ... ... €
Interest ... ... ... ... ... ... € _____
Amount due ... ... ... ... ... € _____
The plaintiff's claim is against the defendant as drawer of a bill of exchange for € ... ... , dated 1st March, 1960, drawn upon E.F. payable to plaintiff three months after date, which was duly presented for payment and dishonoured,
The plaintiff's claim is for possession of the lands of ... ... ... situate in the ... ... ... of ... ... ... and county of ... ... ... , lately held by the defendant as tenant to the plaintiff under lease [or contract of tenancy] dated ... ... ... for the term of ... ... ... [or from year to year or as the case may be] which said lease [or tenancy] duly determined on the ... day of ... ... ... , last by reason of the expiration of the said term [or notice to quit duly served on the ... day of ... ...].
The plaintiff's claim is for possession of the lands of ... ... ... situate in the ... ... ... of... ... ... and county of ... ... ... held by the defendant as tenant to the plaintiff under lease [or contract of tenancy] dated. .. ... ... at the yearly rent of €... on the ground that the sum of €... being one full year and upwards of such rent due and ending 29th September, 1960, is due to the plaintiff.
[Add where appropriate: There is no person in occupation as tenant otherwise than as immediate tenant to the plaintiff of the said lands or any part thereof, or as the case may be].
1960, September 29. One year's rent ... ... ... € _____
The plaintiff's claim is as one of the next-of-kin of the above named X.Y., deceased, who died on [date] intestate for an order for the administration of the estate of the said deceased with all necessary and proper accounts, inquiries and directions.
(Indorsement of character in which defendant is sued.)
The plaintiff's claim is as the executor and trustee of the said will mentioned in the title hereof of X. Y., deceased, for the determination of the following questions arising (in the administration of the estate, and) upon the construction of the said will of the said testator, and in the events that have happened, viz.:— (Set out questions in form which will enable them as far as possible to be answered "yes" or "no") and that the cost of the proceedings may be provided for.
The defendant is sued as [state nature of his interest, or capacity in which he is sued].
Claim by a mortgagee.
The plaintiff's claim is for:—
1. a declaration that under and by virtue of an indenture of mortgage dated ... ... ... and made between ... ... ... (or, the deposit by the defendant with the plaintiff on [date] of the title deeds and documents relating to the lands and premises described in the appendix hereto by way of equitable mortgage) for securing repayment of [give short particulars] the sum of € ... for principal, together with the sum of € ... for interest up to [date], making in the aggregate the sum of €... , together with further interest on the said principal sum until payment, stand well charged on the lands and premises described in the appendix hereto;
2. if necessary, that an account may be taken of the moneys due to the plaintiff on foot of the said mortgage;
3. that, in default of payment of the said moneys, payment thereof may be enforced by a sale of the said lands and premises, or by the appointment of a receiver, or by both;
4. further and other relief;
O. 19, r. 4
Heading of Statement of Claim.
THE HIGH COURT
Statement of claim
Delivered on the ... day of ...... , 20... ,by E.F., of (registered place of business), solicitor for the plaintiff [or as the case may be].
O. 19, r. 4
THE HIGH COURT.
Delivered on the ... day of ......, 20.. , by G.H. of (registered place of business), solicitor for the defendant.
O. 19, r. 4
Heading of reply.
THE HIGH COURT.
Delivered on the ... day of ...... 20..., by E.F., of (registered place of business), solicitor for the plaintiff.
1. The plaintiff joins issue with the defendant on his defence save and in so far as the same contains admissions.
2. [as may be necessary].