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Circuit Court Rules

Amendment to: Order 5
S.I. No. 597 of 2014: Circuit Court Rules (Lugano Convention and Maintenance Regulation) 2014


1. (1) These Rules, which shall come into operation on the 19th day of December 2014, may be cited as the Circuit Court Rules (Lugano Convention and Maintenance Regulation) 2014.

(2) These Rules shall be construed together with the Circuit Court Rules.

(3) The Circuit Court Rules as amended by these Rules may be cited as the Circuit Court Rules 2001 to 2014.

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3. The Circuit Court Rules are amended:

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      (ii) by the substitution for rule 10 of Order 5 of the following rule:

        “10. Where proceedings are commenced in the Court on the basis of jurisdiction derived from:

            (i) Council Regulation (EC) No 44/2001 as applied by the European Communities (Civil and Commercial Judgment) Regulations 2002 (S.I. No. 52 of 2002), or

            (ii) the Lugano Convention as applied by the 1998 Act, or

            (iii) the 1968 Convention as applied by the 1998 Act, or

            (iv) Regulation 2201/2003 or, as the case may be, (v) the Maintenance Regulation

        the Civil Bill shall:

        (a) before issue be indorsed with a statement that the Court has power under:

            (i) Council Regulation (EC) No 44/2001 as applied by the European Communities (Civil and Commercial Judgment) Regulations 2002, or

            (ii) the Lugano Convention as applied by the 1998 Act, or

            (iii) the 1968 Convention as applied by the 1998 Act, or

            (iv) Regulation 2201/2003 or, as the case may be,

            (v) the Maintenance Regulation,

        to hear and determine the action, cause or matter, and specifying the particular provision of:

            (i) Council Regulation (EC) No 44/2001, the Lugano Convention, Regulation 2201/2003 or, as the case may be, the Maintenance Regulation under which the Court has power to hear and determine the action, cause or matter, or

            (ii) the 1968 Convention under which the Court should assume jurisdiction; and

        (b) contain a statement that no proceedings between the parties concerning the same cause of action is pending between the parties in another Member State of the European Union or, as the case may be, Contracting State of the Convention concerned; and

        (c) contain a statement of the facts which are relied upon to show jurisdiction and venue.”,

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