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Rules of the Superior Courts

Order: 13A

Default of Appearance under Regulation No. 1215/2012, Regulation No. 2201/2003, the Lugano Convention and the Jurisdiction of Courts and Enforcement of Judgments Act 1998 : S.I. No. 9 of 2016


For Order 13A as it operated prior to 12 January 2016 see
Order 13A - S.I. No. 307 of 2013 Rules of the Superior Courts (Lugano Convention, Maintenance and Service) 2013.pdf

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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 commercial 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:

....

      (viii) by the substitution for Order 13A of the Order set out in Schedule 2;
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Schedule 2

Order 13A


Default of Appearance under Regulation No. 1215/2012, Regulation No. 2201/2003, the Lugano Convention and the Jurisdiction of Courts and Enforcement of Judgments Act 1998

1. Where an originating summons has been issued out of the jurisdiction under Order 11A, rule 2, Order 11B, rule 2 or Order 11C, rule 2, the plaintiff shall not be entitled to enter judgment except with leave of the Court.

2. An application for leave to enter judgment shall be made on notice and shall be supported by an affidavit stating that in the deponent's belief:

(1) each claim made by the summons is one which by virtue of Regulation No. 1215/2012, Regulation No. 2201/2003, the Lugano Convention or the 1998 Act (as the case may be) the Court has power to hear and determine, and

(2) no other Court has exclusive jurisdiction within the meaning of Article 24 of Regulation No. 1215/2012 or Article 22 of the Lugano Convention or Article 16 of the 1968 Convention (as the case may be) to hear and determine such claim, and

(3) where the summons or notice of the summons was served out of the jurisdiction under Order 11A, rule 2, Order 11B, rule 2 or Order 11C, rule 2, such service has taken place in due and proper form,

and giving in each case the source of grounds of such belief.

3. In the case of default of appearance by any defendant to an originating summons, the plaintiff shall:

(1) in the case of a plenary summons, (other than a personal injuries summons as defined in Order 1A), deliver a statement of claim by filing the same in the Central Office; or,

(2) in the case of a special summons file a grounding affidavit in the Central Office; or,

(3) in the case of a personal injuries summons, a summary summons or any other originating document, file an affidavit in the Central Office verifying the facts relied upon,

and thereupon may apply to court for a judgment in default of appearance.

4. Subject to the provisions of this Order, Order 13 shall, so far as practicable, apply to applications under this Order for leave to enter a judgment.

5. For the purpose of this Order, “summons” includes, where the context so admits or requires, any other originating document.”.