Appendix C: Notices, Affidavits &c.

No. 1 Third-Party Notice Claiming Indemnity or Contribution or Other Relief or Remedy - The High Court
No. 2 Third-Party Notice When Question Or Issue to be Determined
No. 3 Notice of Counter-Claim
No. 4 Notice of Payment into Court
No. 4A Notice of Tender Offer
No. 5 Notice of Additional Payment Into Court
No. 5A Notice of Additional Tender Offer
No. 6 Acceptance of Sum Paid into Court
No. 6A Acceptance of Sum Tendered to the Plaintiff
No. 7 Confession of Defence
No. 8 Interrogatories
No. 9 Answer to Interrogatories
No. 10 Affidavit as to Documents
No. 11 Notice to Produce Documents
No. 12 Notice to Inspect Documents
No. 13 Notice to Admit Documents
No. 14 Notice to Admit Facts
No. 15 Admission of Facts Pursuant to Notice
No. 16 Notice to Produce [General Form}
No. 17 Issue
No. 18 Notice of Trial (Ordinary Form)
No. 18A Notice of Trial (Personal Injuries)
No. 19 Notice of Trial Under Order 36, Rule 6
No. 20 Notice of Discontinuance
No. 21 Notice of Cross-Examination of Deponents at Trial
No. 22 Affidavit of Scripts
No. 23 Affidavit on Interpleader
No. 24 Notice Of Claim to Goods Taken In Execution
No. 25 Notice of Admission of Dispute of Title of Claimant
No. 26 Entry of Special Case
No. 27 Affidavit as to Stock - The High Court
No. 28 Notice as to Stock
No. 29 Notice of the Decision or Claim of the Revenue Commissioners
No. 30 Notice of Intention To Contest Appeal as Respondent
No. 31 High Court Application for the Registration of a Lis Pendens / Certificate of Registration of a Lis Pendens
No. 32 High Court - Consent to Cancellation of an Entry of a Lis Pendens
No. 33 High Court- Certificate Of Cancellation of Entry of a Lis Pendens
 
 

No. 1.

O. 16, r. 2 (1)


THIRD-PARTY NOTICE CLAIMING INDEMNITY OR CONTRIBUTION OR OTHER RELIEF OR REMEDY. 

THE HIGH COURT.

20      No.

Between

A.B.,

Plaintiff,

and C.D.,

Defendant.

and E.F.

Third-Party.

THIRD-PARTY NOTICE.

 

Issued pursuant to the order of ........... dated the ... day of ....., 20

To E.F., of ...... in the ..... of ...

Take notice that this action has been brought by the plaintiff against the defendant. In it the plaintiff claims against the defendant [here state concisely the nature of the plaintiff's claim] as appears by the indorsement on the summons [or statement of claim] a copy whereof is delivered herewith.

The defendant claims against you to be indemnified against the plaintiff's claim and the costs of this action or contribution to the extent of [one half] of the plaintiff's claim or the following relief or remedy namely .... on the grounds that [state concisely the grounds of the claim against the third-party].

And take notice that if you wish to dispute the plaintiff's claim against the defendant, or the defendant's claim against you, you are required to enter an appearance within eight days after the service of this notice upon you.

And take notice that the Court has given the following directions under the said order dated the .....

[and here set out the directions]

If you wish to apply to the Court to vary any of the said directions, you may do so after entering an appearance and before the expiration of the time limited for delivery of your defence under Order 16.

In default of you entering such appearance, you will be deemed to admit the plaintiff's claim against the defendant and the defendant's claim against you and your liability to [indemnify the defendant or to contribute to the extent claimed or to ...... stating the relief or remedy sought] and the validity of any judgment that may be given in the action and you will be bound by such judgment and such judgment may be enforced against you pursuant to Order 16 of the Rules of the Superior Courts.

Dated

(Signed)

Solicitor for the defendant.

 

Appearance is to be entered at the Central Office, Four Courts, Dublin.

 

________

No. 2.

O. 16, r. 2 (1)

 

THIRD-PARTY NOTICE WHEN QUESTION OR ISSUE TO BE DETERMINED.

 

[Title, &c., as in Form No.1 down to, * and proceed;]

The defendant claims that the following question or issue, viz.:

[here state concisely the question or issue to be determined] should be determined not only as between the plaintiff and the defendant but as between the plaintiff and the defendant and yourself.

And take notice that if you wish to be heard on the said question or issue or to dispute the defendant's liability to the plaintiff or your liability to the defendant you are required to enter an appearance within eight days after service of this notice.

And take notice that the Court has given the following directions under the said order dated the ..... [and here set out the directions]

If you wish to apply to the Court to vary any of the said directions, you may do so after entering an appearance and before the expiration of the time limited for delivery of your defence under Order 16.

In default of your entering such appearance you will be deemed to admit the validity of and will be bound by any decision or judgment arrived at or given in this action on the said question or issue and to admit any consequent liability of yourself and judgment may be given against you and enforced pursuant to Order 16 of the Rules of the Superior Courts.

Dated

(Signed)

 

Appearance is to be entered [&c., as in Form No. 1].

No. 3.

O. 21, r. 11

 

NOTICE OF COUNTER-CLAIM.

[Title of action].

To the within-named X.Y.

Take notice that if you do not appear to the within counter-claim of the within-named C.D. within ten days from the service of this defence and counter-claim upon you, you will be liable to have judgment given against you in your absence.

Appearance is to be entered [&c., as in Form No. 1].

________

No 4.

O. 22, r. 1 (6)

 

NOTICE OF PAYMENT INTO COURT.

[Title of action].

Take notice that the defendant has paid into Court €             , and says that that sum is enough to satisfy the plaintiff's claim [or the plaintiffs claim for, &c.,] and liability is admitted (or denied) in respect of the said claim.

 

Dated

(Signed)

To [the plaintiff or his solicitor].

______

No. 4A

O. 22,  r. 14

NOTICE OF TENDER OFFER

(Title of Action)

TAKE NOTICE that the Defendant hereby makes the following offer of tender of payment of € ... to the Plaintiff and says that the sum is enough to satisfy the Plaintiff's claim and liability is admitted (or denied) in respect of the said claim.

This tender is made on behalf of (insert name of party or qualified party or name of the indemnifier of the Defendant, as the case may be).

Dated:

Signed:

To: (The Plaintiff or his Solicitor)

 

Inserted by SI 328 of 2000, effective 19 November 2000.

_________

No. 5.

O. 22, r. 1 (6)

 

NOTICE OF ADDITIONAL PAYMENT INTO COURT 

[Title of Action].

Take notice that the defendant has paid into Court € .... (in addition to the sum of € .... paid into Court, making in all € ..... ) and says that that total sum is enough to satisfy the plaintiff's claim [or the plaintiffs claim for, &c.)) and liability is admitted (or denied) in respect of the said claim.

 

Dated

(Signed)

To (the plaintiff or his solicitor).

_________

No.5A

O. 22, r 14

 

notice of Additional Tender Offer 

(Title of Action)

TAKE NOTICE that the Defendant hereby tenders the additional sum of € ..... in addition to the sum of €..... already tendered as payment to the Plaintiff, making a total of € ..... in all and says that the total sum is enough to satisfy the Plaintiff's claim and liability is admitted (or denied) in respect of the said claim.

 

This tender is made on behalf of (insert name of party or of qualified party or name of the indemnifier of the Defendant, as the case may be)

 

Dated:

Signed:

 

To:

 

Inserted by SI 328 of 2000, effective 19 November 2000.

_________

No. 6.

O. 22, r. 4 (1)

 

ACCEPTANCE OF SUM PAID INTO COURT

_______

[Title of action].

Take notice that the plaintiff accepts the sum of € .... paid by you into Court in satisfaction of the claim in respect of which it is paid in.

 

Dated

(Signed)

To [the defendant or his solicitor].

________

No.6A[3]

O. 22, r14

ACCEPTANCE OF SUM TENDERED TO THE PLAINTIFF 

(Title of Action)

TAKE NOTICE that the Plaintiff accepts the sum of €... tendered by you in satisfaction of the claim in respect of which it is tendered.

 

Dated:

Signed:

To: (The Defendant or qualified party or his Solicitor)

 

Inserted by SI 328 of 2000, effective 19 November 2000.


_______

No. 7.

O. 24, r. 3

 

CONFESSION OF DEFENCE.
_______

[Title of action].

The plaintiff confesses the defence stated in paragraph ..... of the defendant's defence [or, of the defendant's further defence].

 

Dated

(Signed)

To [the defendant or his solicitor].

_________

No. 8.

O. 31, r. 4.

 

INTERROGATORIES.  

[Title of action].

Interrogatories on behalf of the (plaintiff or defendant) for the examination of the [defendant or plaintiff].

1. Did not, &c.,?

2. Has not, &c.,?

&c., &c.,

________

No. 9.

O. 31, r. 9

 

ANSWER TO INTERROGATORIES.
_______

[Title of action].

The answer of the to the interrogatories for his examination by the

In answer to the said interrogatories, I, the above-named C.D. make oath and say as follows:—

__________

No. 10

O. 31, r. 13

 

AFFIDAVIT AS TO DOCUMENTS 

[Title of action]

I ........ make oath and say as follows:—

 

1. I have in my possession, power or procurement the documents [and electronically stored information]* relating to the matters in question in this suit and falling within the relevant categories of documents specified

*in the letter requesting voluntary discovery dated ...... 20..

*in the order of the Master of this Honourable Court made on .......... 20..

 

set forth in the first and second parts of the first schedule hereto.

 

2. I object to produce the said documents [and electronically stored information]* set forth in the second part of the said first schedule hereto.

 

3. That [here state upon what grounds the objection is made, and verify the facts as far as maybe].

 

4. I have had, but have not now, in my possession, power or procurement the documents [and electronically stored information]* relating to the matters in question in this suit set forth in the second schedule hereto.

 

5. The last mentioned documents [and electronically stored information]* were last in my possession, power or procurement on [state when].

 

6. That [here state what has become of the last-mentioned documents or information, and in whose possession they now are].

 

7. According to the best of my knowledge, information, and belief, I have not now, and never had in my possession, power or procurement or in the possession, custody or power of my solicitors or agents, solicitor or agent, or in the possession, custody or power of any other persons, or person on my behalf, any document of any kind or any electronically stored information, or any copy of or extract from any such document or information, relating to the matters in question in this suit, or any of them, or wherein any entry has been made relative to such matters, or any of them, and falling within the relevant categories of documents specified

 

*in the letter requesting voluntary discovery dated ........ 20..

*in the order of the Master of this Honourable Court made on ........ 20..

 

other than and except the documents [and information]* set forth in the said first and second schedules hereto.

 

8. I understand that the obligation on a party giving discovery is to discover all documents and electronically stored information within his/her/its possession, power or procurement within the categories agreed or ordered to be delivered that contain information which may enable the party receiving the discovery to advance its own case or to damage the case of the party giving discovery or which may fairly lead to a train of inquiry which may have either of those consequences.

 

Sworn, &c.

 

Note—

(i) Documents of the same or a similar nature, when numerous, must so far as possible, be grouped together and numbered or otherwise sufficiently marked so as to be identifiable.

(ii) Parties providing discovery shall list documents or categories of information, and shall provide documents and information for inspection, in a manner corresponding with the categories in the agreement or order for discovery, or in a sequence corresponding with the manner in which the documents or information have been stored or kept in the usual course of business by the party making discovery.

* Insert where appropriate

 

Replaced by SI 93 of 2009, effective 16 April 2009.

__________

No. 11.

O. 31, r. 16

 

NOTICE TO PRODUCE DOCUMENTS.
_______

[Title of action].

Take notice that the [plaintiff or defendant] requires you to produce for his inspection the following documents referred to in your [statement of claim, or defence, or affidavit, or list dated the ... day of ......].

 

Describe documents required.

 

Dated

(Signed)

To

__________

No. 12.

O. 31, r. 17

 

NOTICE TO INSPECT DOCUMENTS.
_______

[Title of action].

Take notice that you can inspect the documents mentioned in your notice of the ... day of .... [except the deed numbered ... in that notice] at [insert place of inspection] on ..... next, the ... inst., between the hours of 12 and 4 o'clock.

Or, that the [plaintiff or defendant] objects to giving you inspection of the documents mentioned in your notice of the ... day of .... on the ground that [state ground].

Dated

(Signed)

To

_______

No. 13.

O. 32, r. 3

 

NOTICE TO ADMIT DOCUMENTS.

[Title of action].

Take notice that the plaintiff [or defendant] in this action proposes to adduce in evidence the several documents hereunder specified, and that the same may be inspected by the defendant [or plaintiff] his solicitor or agent at ..... on ....., between the hours of ........ and the defendant [or plaintiff] is hereby required, within forty-eight hours from the last-mentioned hour, to admit that such of the said documents as are specified to be originals were respectively written, signed, or executed as they purport respectively to have been; that such as are specified as copies are true copies; and such documents as are stated to have been served, sent or delivered, were so served, sent, or delivered respectively; saving all just exceptions to the admissibility of all such documents as evidence in this action.

 

Dated

(Signed)

 

To

[Here describe the documents, the manner of doing which may be as follows:—]

ORIGINALS.

DESCRIPTION OF DOCUMENTS.

DATE

...
...

...
...

COPIES.

DESCRIPTION OF DOCUMENTS

Dated

Original or duplicate served, sent, or delivered when, how and by whom

...
...

...
...

...
...

_______

 

No. 14.

O. 32, r. 5

 

NOTICE TO ADMIT FACTS.

_______

[Title of action].

Take notice that the plaintiff [or defendant] in this action requires the defendant [or plaintiff] to admit, for the purposes of this action only, the several facts respectively hereunder specified; and the defendant [or plaintiff] is hereby required, within six days from the service of this notice, to admit the said several facts, saving all just exceptions to the admissibility of such facts as evidence in this action.

 

Dated

(Signed)

To

 

The facts, the admission of which is required, are—

_______

No. 15.

O. 32, r. 5

 

ADMISSION OF FACTS PURSUANT TO NOTICE.

[Title of action].

defendant [or plaintiff] in this action, for the purposes of this action only, hereby admits the several facts, respectively hereunder specified, subject to the qualifications or limitations, if any, hereunder specified, saving all just exceptions to the admissibility of such facts, or any of them as evidence in this action.

Provided that this admission is made for the purposes of this action only and is not an admission to be used against the defendant [or plaintiff] on any other occasion, or by any one other than the plaintiff [or defendant or party requiring the admission].

Dated

(Signed)

To

Facts admitted.

Qualifications or limitations, if any, subject to which they are admitted.

...
...

...
...

_______

No. 16.

O. 32, r. 8

 

NOTICE TO PRODUCE [GENERAL FORM].

[Title of action].

Take notice that you are hereby required to produce and show to the Court on the trial of this ..... all books, papers, letters, copies of letters, and other writings and documents in your custody, possession, or power, containing any entry, memorandum, or minute, relating to the matters in question, in this ....., and particularly

 

Dated

(Signed)

 

To

_______

No. 17.

O. 35, r. 1

ISSUE.

[Title of action].

Whereas A.B. affirms and C.D. denies [here state the question or questions of fact to he tried], and it has been ordered by the Hon. Mr. Justice ..... that the said question shall be tried [here state mode of trial, whether with or without a jury], therefore let the same be tried accordingly.


_______

 

No. 18.

NOTICE OF TRIAL (ORDINARY FORM).

[Title of action].

 

Take notice of trial of [*this action or the issues in this action ordered to be tried or as the case may be] for such day, not being less than **twenty-one days from the date of service of this notice, as shall be fixed by the Court.

 

Dated

(Signed)

To

 

*Insert as appropriate

**where short notice of trial has been given in accordance with Order 36 rule 16, insert lesser amount of notice to be given.

 

Substituted by SI 355 of 2012, effective 15 October 2012.

 

No. 18A.[6]

 

NOTICE OF TRIAL (PERSONAL INJURIES)

 

[Title of action].

 

Take notice of trial of [*this action or the issues in this action ordered to be tried or as the case may be] for such day, not being less than **twenty-one days from the date of service of this notice, as shall be fixed by the Court.

at [Insert city or town at which proceedings are triable in accordance with Order 36 rule 2].

County in which Plaintiff resides: ............

County in which the wrong is alleged to have been committed: ..........

Where a direction has been given under Order 36 rule 2 paragraph (c) or (d) of the Rules of the Superior Courts that the trial take place at a city or town other than that prescribed by Order 36 rule 2 paragraph (b), specify the date on which that direction was given: .............

Dated

(Signed)

 

*Insert as appropriate

**where short notice of trial has been given in accordance with Order 36 rule 16, insert lesser amount of notice to be given.

 

Inserted by SI 355 of 2012, effective 15 October 2012.

_______

 

No. 19.[7]

 

NOTICE OF TRIAL UNDER ORDER 36, RULE 6.

 

[Title of action].

 

Take notice of trial of [*this action or the issues in this action ordered to be tried or as the case may be] without a jury for such day, not being less than **twenty-one days from the date of service of this notice, as shall be fixed by the Court.

at

And take further notice that in the event of your not signifying your desire by notice in writing to have the same tried with a jury within four days from the service of this notice of trial [or, in case of short notice of trial, two days] the action [or as the case may be] will be tried by a judge without a jury.

 

*Insert as appropriate

**where short notice of trial has been given in accordance with Order 36 rule 16, insert lesser amount of notice to be given.

 

Substituted by SI 355 of 2012, effective 15 October 2012.

_______

No. 20.

O. 26, r. 1

 

NOTICE OF DISCONTINUANCE.

[Title of action].

Take notice that the plaintiff hereby wholly discontinues this action [or withdraws so much of his claim in this action as relates to ..... ] [If only against some defendants add as against the defendant ..... ].

 

Dated

Signed)

 

To

_______

No. 21.

O. 40, r. 31

 

NOTICE OF CROSS-EXAMINATION OF DEPONENTS AT TRIAL.

[Title of action].

Take notice that the ..... intends at the trial of this action to cross-examine the several deponents named and described in the schedule hereto on their affidavits therein specified.

And also take notice that you are hereby required to produce the said deponents for such cross-examination before the Court aforesaid.

 

Dated

(Signed)

 

To

 

THE SCHEDULE ABOVE REFERRED TO.

 

Name of deponent

Addresses and descriptions

Date when affidavits filed

...
...

...
...

...
...

_______

No. 22.

O. 12, r. 27

 

AFFIDAVIT OF SCRIPTS.

[Title of action].

I, A.B., of [place of abode and description] the plaintiff [or C.D., of (place of abode and description), the defendant] in this action, make oath and say as follows:—

 

1. No paper or parchment writing at any time made or written by or under the direction of ........ late of [place of abode and description] deceased, the deceased in this cause, being or purporting to be a will, codicil, draft or copy of a will or codicil, or of any part of a will or codicil, or written instructions for a will or codicil, or for any part of a will or codicil, or having the form or effect of a will or codicil, or of part of a will, codicil, or other testamentary disposition of the said ......., has at any time, either before or since his death, come to the hands, possession, or knowledge, or under the control of me, this deponent, save and except the true and original last will [and one codicil or codicils, or draft copies, or as the case may be] of said deceased hereunto annexed, the said will, bearing date the ... day of ....., 20 ... [and the said codicil (or as the case may be) bearing date, &c.], and also save and except [here add the dates and particulars of any other testamentary papers of which the deponent has any knowledge, information or belief; and state the person or persons in whose possession same are, and the address of such person or persons), and also save and except the next hereinafter mentioned papers (here describe the papers, with dates, &c.], which I verily believe are in the possession or under the control of ....... of ....... and I say that I have not, nor has any person for me, or by my consent or desire, or at all to my knowledge or belief, cancelled, suppressed, or destroyed, or caused to be cancelled, suppressed, or destroyed, any paper or parchment writing, being or purporting to be a will, codicil, or pan of a will or codicil, draft or copy of a will or codicil, or of any part of a will or codicil, or written instruction for a will or codicil, or for any part thereof, or having the form or effect of a will or codicil, or other testamentary disposition, or any part of a will or codicil or other testamentary disposition of the said ....... deceased.

 

Sworn, &c.

This affidavit is filed on behalf of

 

No. 23.

O. 57, r. 2 (2)

 

AFFIDAVIT ON INTERPLEADER.

[Title of action].

I ....... of [place of abode and description], the defendant in the above action make oath and say as follows:—

 

1. The summons herein was issued on the ... day of ..... 20.., and was served on me on the ... day of ......., 20...

 

2. The action is brought to recover ..... The said ..... is [or are] in my possession, but I claim no interest therein.

 

3. The right to the said subject matter of this action has been and is claimed [if in writing, exhibit] by one ..... who [state suit or expectation thereof].

 

4. I do not in any manner collude with the said ... or with above named plaintiff, but I am ready to bring into court or to pay or dispose of the said ..... in such manner as the Court may order or direct.

Sworn, &c.

No. 24.

O. 57, r. 15

 

NOTICE OF CLAIM TO GOODS TAKEN IN EXECUTION.

 

Take notice that A.B. has claimed the goods (or certain goods) [where only certain goods are claimed here enumerate them] taken in execution by the sheriff (County Registrar) of ..... under the execution order issued in this action. You are hereby required to admit or dispute the title of the said A.B. to the said goods and give notice thereof in writing to the said sheriff (County Registrar) within four days from the receipt of this notice, failing which the said sheriff (County Registrar) may interplead. If you admit the title of the said A.B. to the said goods and give notice thereof in manner aforesaid to the said sheriff (County Registrar) you will only be liable to such sheriff (County Registrar) for any fees and expenses incurred prior to the receipt of the notice admitting the claim.

 

Dated

(Signed)

To the plaintiff ..... Sheriff (County Registrar) of

_______

No. 25.

O. 57, r. 15

 

NOTICE OF ADMISSION OF DISPUTE OF TITLE OF CLAIMANT.

 

Take notice that I admit [or dispute] the title of A.B. to the goods [or to certain of the goods] namely ...., seized by you under the execution issued under the judgment in this action.

 

Dated

(Signed)

Plaintiff

or

Solicitor.

To the sheriff (County Registrar) of .....

and his officers.

_______

No. 26.

O. 34, r. 5

 

ENTRY OF SPECIAL CASE.

 

[Title of action].

 

Enter the special case dated the ... day of ..... 20..., in this ..... and set the same down for argument.

 

Dated

(Signed)

_______

No. 27.

O. 46, r. 6

 

AFFIDAVIT AS TO STOCK. 

THE HIGH COURT.

In the matter of (state the date and nature of the relevant settlement will or other document and other particulars necessary to identify the same). And in the matter of the Chancery (Ireland) Act, 1867.

_______

 

I, ..... of ..... , make oath and say as follows:

 

1. I am (or where the affidavit is made by the solicitor A.B., of ..... is), according to the best of my knowledge, information and belief, beneficially interested in the property comprised in (or settled by) the above-mentioned, settlement (or will, or as the case may be).

 

2. To the best of my knowledge, information and belief, the said property in which I am (or the said A.B. is) beneficially interested as aforesaid consists of (or includes) the following:—

(set out particulars)

 

Sworn, &c.

 

This affidavit is filed on behalf of A.B. Notices for him are to be sent to (address for service).

_______

No 28.

0. 46, r. 6

 

NOTICE AS TO STOCK.

[Title as in Form No. 27].

To ..... Company.

 

Take notice that the following stock (or shares) in the capital of your company (or as the case may be), namely (set out particulars) is comprised in (or settled by) and is now subject to the trusts of the above- mentioned settlement (or will or as the case may be); and accordingly, this notice is to stop the transfer of the said stock (or shares) but not the payment of dividends thereon (or the transfer of the said stock (or shares) and the payment of dividends thereon) pursuant to Order 46, rules 5 to 13, of the Rules of the Superior Courts.

 

Dated

(Signed) A.B.

(or X. Y., solicitor for A.B.)

_______

No. 29.

O. 68, r. 6

 

NOTICE OF THE DECISION OR CLAIM OF THE REVENUE COMMISSIONERS.

 

In the matter of X.Y., deceased

 

The Revenue Commissioners hereby give you notice, in pursuance of Order 68, rule 6 of the Rules of the Superior Courts, that [set out shortly the decision or claim in question].

 

If you desire to appeal against the foregoing decision or claim in pursuance of the Finance Act, 1894, section 10, you should deliver or leave a written statement of the grounds of your appeal at the office of the Revenue Solicitor at Dublin Castle within one month from the receipt of this notice.

 

Dated

(Signed)

 

To

______

No. 30.

NOTICE OF INTENTION TO CONTEST APPEAL AS RESPONDENT 

[Title of action].

Take notice that the defendant, E.F., intends to contest as respondent, in pursuance of the Civil Liability Act, 1961, section 32 (3), the appeal brought by the defendant C.D., against the judgment in this action.

 

Dated

(Signed)

 

To

No. 31

O. 72A rule 3(2)

HIGH COURT

APPLICATION FOR THE REGISTRATION OF A LIS PENDENS

I request that you enter the following particulars in the register of lis pendens in accordance with section 121 of the Land and Conveyancing Law Reform Act 2009.

 

Name and address of applicant for registration:

 

Name: .........

 

Address: .......

 

Solicitor for applicant:

 

Name: .........

 

Address: .........

 

Court in which the action was, or the proceedings were, commenced: High Court/Circuit Court, .... ... Circuit, County of .. ......

 

Date on which the action was, or the proceedings were, commenced: .... ..20..

 

Title and record number of the action or proceedings: High Court (or, Circuit Court)

 

Between ........ Plaintiff

And ...... Defendant

Record No. ......

 

Name and the usual or last known place of residence (or in the case of a company, the registered office) and description of the person whose estate is intended to be affected by the registration

 

Name: ..........

 

Address: .......

 

Description .........

(for office use only)

 

CERTIFICATE OF REGISTRATION OF A LIS PENDENS 

 

I CERTIFY that the lis pendens particulars of which are set out in the above memorandum was duly registered in the Central Office on ..... 20... (in Book ....., Page ....).

 

Dated: ...... 20....

Registrar

 

Substituted by SI 149 of 2010, effective 10 May 2010.

_______

O. 72A rule 4(1)

No. 32

 

HIGH COURT

CONSENT TO CANCELLATION OF AN ENTRY OF A LIS PENDENS

I ........, applicant for registration of the lis pendens particulars of which are set out below, hereby consent to cancellation of the entry in respect of it on the register of lis pendens in accordance with paragraph (a) of section 122 of the Land and Conveyancing Law Reform Act 2009.

 

Name and address of applicant for registration:

Name: .........

Address: .........

Solicitor for applicant:

Name: .......

Address: .........

 

Particulars of lis pendens to be cancelled

 

Date of entry in the register of lis pendens: .......

 

Court in which the action was, or the proceedings were, commenced: High Court/Circuit Court, ........ Circuit, County of ......

 

Title and record number of the action or proceedings:

High Court (or, Circuit Court)

 

Between ....... Plaintiff

And .......... Defendant

 

Record No. ........

 

Name and the usual or last known place of residence (or in the case of a company, the registered office) and description of the person whose estate was intended to be affected by the registration

 

Name: ............

 

Address: .........

 

Description ..........

 

Substituted by SI 149 of 2010, effective 10 May 2010.

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O. 72A rule 5

No. 33

 

HIGH COURT

CERTIFICATE OF CANCELLATION OF ENTRY OF A LIS PENDENS

I CERTIFY that the entry of a lis pendens, particulars of which are set out below, was cancelled on the register of lis pendens in accordance with section 122 of the Land and Conveyancing Law Reform Act 2009

 

*[with the consent, given in the prescribed manner, of [XY] on whose application it was registered]

*[upon the lodgement in the Central Office of a notice, given in the prescribed manner, of an order of the ......... Court dated the .... day of ....... 20.... under section 123 of the Land and Conveyancing Law Reform Act 2009 vacating the lis pendens]

 

Particulars of entry of lis pendens cancelled

 

Date of entry in the register of lis pendens: ............

Court in which the action was, or the proceedings were, commenced: High Court/Circuit Court, ....... Circuit, County of .........

 

Title and record number of the action or proceedings:

 

High Court (or, Circuit Court)

 

Between ........ Plaintiff

 

And ....... Defendant

 

Record No .......

 

Name and the usual or last known place of residence (or in the case of a company, the registered office) and description of the person whose estate was intended to be affected by the registration

 

Name: ..........

 

Address: ........

 

Description ..........

 

* delete as appropriate

 

Substituted by SI 149 of 2010, effective 10 May 2010. 

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