Court Rules: S.I. No. 9 of 2016: Rules of the Superior Courts (Jurisdiction, Recognition and Enforcement of Judgments) 2016 : Court Rules : Courts Service of Ireland

Rules of the Superior Courts

Amendment to: Order 12
S.I. No. 9 of 2016: Rules of the Superior Courts (Jurisdiction, Recognition and Enforcement of Judgments) 2016

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

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:

....

(vii) by the substitution for sub-rule (4) of rule 2 of Order 12 of the following sub-rule:

“ (4) For the purposes of this rule:

“domicile” is to be determined, as the case may be, in accordance with the provisions of:

Article 2 of Regulation 2201/2003,

Articles 62 and 63 of Regulation No. 1215/2012,

Articles 59 and 60 of the Lugano Convention, or

section 15 and the Ninth Schedule of the 1998 Act”;

....