S.I. No. 14/1989 - Rules of the Superior Courts (No. 1), 1989.

1. That the originating summons [

or, other originating process as the case may be

], a certified true copy of which is annexed hereto was issued out of the Central Office of the High Court of Ireland on the day of 19, by

A.B

. the above-named plaintiff against

C.D

., the above-named defendant for (

here state nature of the proceedings and the relief claimed

).

2. That the Court assumed jurisdiction in these proceedings pursuant to the particular provision(s) of the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (including the Protocol annexed to the Convention) signed at Brussels on the 27th September, 1968 (

here state the particular provision(s) of the 1968 Convention)

.

3. That the said originating summons [

or other originating process as the case may be

] was duly served on the day of 19 , upon the said

C.D

. by (

state mode of service

).

4. That

C.D

. entered an appearance [

or

did not enter an appearance].

5. That

C.D

. was represented [

or

was not represented] at the hearing of the proceedings.

6. That the said plaintiff [

or

defendant] obtained judgment against the said defendant [

or

plaintiff] in the High Court [or Supreme Court] for (

state relief ordered

) [

together with an order for costs

].

7. That the said judgement carries interest at the rate of ———

per cent per annum

on the judgement debt and costs from date of judgment until payment.

8. That the time for lodging an appeal against the judgment expired [

or

will expire] on the day of 19 .

9. That no application to set the judgment aside [

or

no appeal against the judgment] has been brought within the time prescribed.

10. That enforcement of the judgment is not for the time being stayed or suspended and that the time available for its enforcement has not expired.

11. This certificate is issued under

section 12

of the

Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988

.

Dated the day of , 19 .

(Signed)

E.F

. a Registrar of the High Court of Ireland [

or

the Registrar of the Supreme Court of Ireland]

EXPLANATORY NOTE

These rules, which come into operation on 1 February, 1989, regulate the practice and procedure of the Superior Courts under the

Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988

which makes provision in relation to the reciprocal recognition and enforcement of judgments in civil and commercial matters as between the State and certain Member States of the European Communities.

12. These rules shall come into operation on 1 February, 1989.

APPENDIX F

PART III.

0.42A

CERTIFICATE

No. 1.

Certificate under

section 12

of the

Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988

THE HIGH COURT

[

or

THE SUPREME COURT]

19 No.

Between A. B.,

Plaintiff

and C.D.,

Defendant

I,

E.F

., a Registrar of the High Court of Ireland [

or

the Registrar of the Supreme Court of Ireland] hereby certify

13. Execution shall not issue on a judgment declared enforceable under section 5 of the 1988 Act until after the expiration of the period specified in accordance with rule 11 of this Order, or if that period has been extended by the Court, until after the expiration of any such extended period. If an appeal is made to the High Court under rule 11, execution of the judgment shall not issue until after such appeal (including a further appeal on a point of law to the Supreme Court) is determined. Any party wishing to issue execution on a judgment declared to be enforceable under section 5 of the 1988 Act must produce to the appropriate officer an affidavit of service of the order granting leave to enforce a judgment under section 5 of the 1988 Act and of any order made by the Master of the High Court, the High Court or the Supreme Court (as the case may be) in relation to the judgment.

14. The following provisions shall apply to appeals on a point of law to the Supreme Court under Articles 37 or 41 of the 1968 Convention from a decision of the High Court granting or refusing recognition or enforcement (as the case may be) of a judgment

(1) Every such appeal shall be by notice of appeal in accordance with Order 58, rule 1 of these Rules; and such notice of appeal shall be served within five weeks from the perfection of the order of the High Court.

(2) It shall be the duty of the Registrar of the Supreme Court to apply to the appropriate Registrar of the High Court for a signed copy of the note made by the High Court Judge of any question of law raised before him and of the facts and evidence relating thereto and of his decision thereon and on the question or matters submitted to him. Such copies shall be received for the use of the Supreme Court and shall be used and received at the hearing of the appeal. The Registrar of the Supreme Court shall further apply to such appropriate High Court Registrar for the transmission to him for the use of the Supreme Court of a file of all documents and papers relating to the case. If such note as aforesaid cannot be produced, the Supreme Court shall have power to hear and determine the appeal upon any other evidence or statement of what occurred before the High Court Judge which the Supreme Court may deem sufficient.

(3) Subject to the provisions of this rule, Order 58 shall, so far as practicable, apply to appeals on a point of law under Articles 37 or 41 of the 1968 Convention.

15. The foregoing rules of this Order shall apply to an application for recognition of a judgment as they apply to an application for enforcement of a judgment with the exception that the applicant shall not be required to produce the documents referred to in Order 42A, rule 5 (3) and (4).

16. The foregoing rules of this Order shall apply as appropriate to an application for the enforcement of an instrument or settlement referred to in Title IV of the 1968 Convention with the exception that the said application shall be made in the first instance

ex parte

to the High Court.

17. Where any judgment, order or document which is required for the purposes of this Order is not in one of the official languages of the State, a translation thereof into the Irish or English language certified by a person competent and qualified for the purpose in one of the Contracting States, shall be admissible as evidence of same. The competence and qualification of the translator shall be verified by affidavit.

18. In the case of a judgment of the High Court or the Supreme Court sought to be enforced in another Contracting State, a Registrar of the High Court or the Registrar of the Supreme Court (as the case may be) shall, at request of an interested party, give such party a copy of the order and the written judgment (if any) of the Court duly authenticated.

19. (1) In the case of a judgment of the High Court or the Supreme Court sought to be enforced or recognised in another Contracting State, an application under section 12 (b) of the 1988 Act for a certificate signed by a Registrar of the High Court or the Registrar of the Supreme Court (as the case may be) shall be made on affidavit to the said Registrar.

(2) The affidavit by which an application is made shall

(

a

) state the nature of the proceedings,

(

b

) state the particular provision or provisions of the 1968 Convention by which the Court assumed jurisdiction,

(

c

) state the date on which time for the lodging of an appeal against the judgment will expire or, if it has expired, the date on which it expired,

(

d

) state whether notice of appeal against, or in any case where the defendant does not appear, a notice to set aside, the judgment has been entered,

(

e

) state whether the judgment is for the payment of a sum of money, the rate of interest, if any, payable on the sum and the date from which interest is payable,

(

f

) include annexed thereto two certified true copies of the originating summons or other process by which the proceedings were begun together with one copy of all the pleadings.

(3) The certificate signed by the Registrar of the Court shall be in accordance with Form No. 1 in Part III of Appendix F and shall be sealed with the seal of the High Court (or, the Supreme Court, as the case may be), having annexed to it a certified true copy of the originating summons or other process by which the proceedings were commenced.

(4) In the case of a judgment in default of appearance, the affidavit grounding an application under sub-rule 2 above shall, in addition, for the purpose of applying for a document certified under section 12 (c) of the 1988 Act, exhibit a certified true copy of the document which establishes that the person in default was served with the document instituting the proceedings.

20. In this Order—

"the 1968 Convention", "Contracting State", "the 1988 Act" and "domicile" have the same meaning as in Order 11A, rule 8."

S.I. No. 14 of 1989.

RULES OF THE SUPERIOR COURTS (No. 1), 1989.

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the

Courts of Justice Act, 1936

, section 67, and reconstituted pursuant to the provisions of the

Courts of Justice Act, 1953

, section 15, by virtue of the powers conferred upon us by the

Courts of Justice Act, 1924

, section 36, and the

Courts of Justice Act, 1936

, section 68 (as applied by the

Courts (Supplemental Provisions) Act, 1961

, section 48) and the

Courts (Supplemental Provisions) Act, 1961

, section 14, and of all other powers enabling us in this behalf, do hereby make the annexed Rules of Court.

Dated this 16th day of January, 1989.

Thomas A. Finlay

Harry Hill

Liam Hamilton

Fred Morris

Brian Walsh

Michael M. Collins

Frank Griffin

D.R. Pigot

Sean Gannon

Mella Carroll

I concur in the making of the annexed Rules of Court

Dated this 24th day of January, 1989

Gerard Collins,

Aire Dlí agus Cirt

S.I. No. 14 of 1989.

RULES OF THE SUPERIOR COURTS (NO. 1), 1989.