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Circuit Court Rules

Amendment to: Order 5
S.I. No. 618 of 2015: Circuit Court Rules (Jurisdiction and the Recognition and Enforcement of Judgments in Civil or Commercial Matters) 2015


1. (1) These Rules, which shall come into operation on the 30th day of December 2015, may be cited as the Circuit Court Rules (Jurisdiction and the Recognition and Enforcement of Judgments in Civil or Commercial Matters) 2015.

(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 2015.

(4) Notwithstanding the commencement of these Rules, any application to the Circuit 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 commercial matters may be commenced, continued and determined as if these Rules had not come into force.

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3. The Circuit Court Rules are amended:

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      (iii) 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) Regulation No. 1215/2012, 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) Regulation No. 1215/2012, 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:


              (I) specify the particular provision of Regulation No. 1215/2012, 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) specify the particular provision of the 1968 Convention under which the Court should assume jurisdiction;


            (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;

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

            (d) in proceedings referred to in Sections 3, 4 or 5 of Chapter II (Jurisdiction) of Regulation No. 1215/2012 where the policyholder, the insured, a beneficiary of the insurance contract, the injured party, the consumer or the employee is the defendant, the Civil Bill shall be endorsed before it is issued with a statement that:


              (i) the defendant has a right to contest the jurisdiction of the Court and if he or she wishes to do so, he or she should enter an appearance to contest jurisdiction in accordance with Order 14, rule 5, and

              (ii) if he or she enters an unconditional appearance, the Court has jurisdiction under Article 26.1 of Regulation No. 1215/2012, and

              (iii) if he or she does not enter an appearance, judgment may be given in default against him or her.”

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