S.I. No. 248/2005 - Rules of the Superior Courts (Personal Injuries) 2005

1. I beg to refer to the contents of the (personal injuries summons, defence, reply, further information etc. - as the case may be) delivered herein on behalf of the (plaintiff/defendant) on the ......day of ...................20.... *[upon which this affidavit is endorsed] * [and upon a true copy of which marked “A” I have signed my name prior to the swearing hereof].

2. The assertions, allegations and information contained in the said (personal injuries summons, etc.) which are within my own knowledge are true. I honestly believe that the assertions, allegations and information contained in the said (personal injuries summons, etc.) which are not within my own knowledge are true.

3. I am aware that it is an offence to make a statement in this affidavit that is false or misleading in any material respect and that I know to be false or misleading.

SWORN etc

* Delete if inapplicable.

No. 5

NOTICE OF OFFER OF TERMS OF SETTLEMENT

O. 1A, r. 13

THE HIGH COURT

20.....

No.........

Between A.B.,

and C.D.,

Plaintiff,

Defendant.

TAKE NOTICE that for the purposes of

section 17

of the

Civil Liability and Courts Act 2004

the * plaintiff/defendant is willing to settle the above-entitled action upon the following terms

TERMS OTHER THAN THOSE AS TO COSTS

TERMS AS TO COSTS

[or]

TAKE NOTICE that for the purposes of

section 17

of the

Civil Liability and Courts Act 2004

the defendant is not prepared to pay any sum of money to the plaintiff in settlement of above-entitled action.

Signed:________________

Date

* Delete whichever inapplicable

SCHEDULE 2

Appendix A, Part II

No. 5

O. 1A, r. 8

MEMORANDUM OF APPEARANCE TO PERSONAL INJURIES SUMMONS

Between AB,

Plaintiff

and CD

Defendant

Enter an Appearance for CD, the defendant in this personal injuries action.

Dated

Signed

_________________EF

Solicitor for the

defendant

The

registered place of business of EF is

_____________________.

* [or CD,

the defendant in person

The address at which CD ordinarily resides is _________________.

The address for service of CD is ____________________]

To: The Registrar of the Central Office.

Take Notice that I have this day entered an appearance at the Central Office, Four Courts, Inns Quay, Dublin 7 ** [, for the above defendant to the personal injuries summons in this action].

Dated

Signed

To

* Insert if applicable

** Delete if appearance is by defendant in person

EXPLANATORY NOTE

(This does not form part of the instrument and does not purport to be a legal interpretation)

These Rules regulate the procedure and prescribe the forms to be used in personal injuries actions to which Part 2 of the

Civil Liability and Courts Act 2004

, which applies to personal injuries actions as defined in section 2 of the Act, applies.

4. Defendant's Personal Public Service Number

(If the Defendant has not been issued with a Personal Public Service Number, this must be stated)

(Signed)________________

No. 4

AFFIDAVIT OF VERIFICATION

O. 1A, r. 10

THE HIGH COURT

20.....

No.........

Between A.B.,

and C.D.,

Plaintiff,

Defendant.

I, AB, .............................of ............................., the (plaintiff, defendant or state other capacity or authority) in the above-entitled proceedings, aged eighteen years and upwards MAKE OATH and say as follows

5. The reliefs sought;

6. (Where appropriate) the particulars required by Order 4, rule 3A.

SCHEDULE

Particulars of Items of Special Damage

(Full particulars should be set out. Add additional sheets if necessary)

(Particulars of a general allegation should be set out in the indorsement under the paragraph containing such allegation and headed “Particulars of …etc.” Where same are lengthy, they may alternatively be scheduled to the indorsement or set out in additional sheets appended to the counterclaim at time of service.)]

This defendant's personal details are as follows

7. Order 13A of the Rules of the Superior Courts is hereby amended by the substitution for rule 3 thereof, of the following

“3. In the case of default of appearance by any defendant to an originating summons or other originating document, 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 other originating document, file an affidavit in the Central Office verifying the contents of such personal injuries summons, summary summons or other originating document;

and in any such case, shall file an affidavit or affidavits of service of the originating document concerned, and thereupon may apply to court for a judgment in default of appearance”.

8. Order 19 of the Rules of the Superior Courts is hereby amended by the substitution for sub-rule 1 of rule 5 thereof, of the following

“(1) In every personal injuries action (within the meaning of the

Civil Liability and Courts Act 2004

) pleadings shall conform to the requirements of

section 13

of the

Civil Liability and Courts Act 2004

. In all other cases alleging a wrong within the meaning of the Civil Liability Acts 1961 and 1964 particulars of such wrong, any personal injuries suffered and any items of special damage shall be set out in the statement of claim, defence or counterclaim (as the case may be) and particulars of any contributory negligence shall be set out in the defence.”

9. Order 58 of the Rules of the Superior Courts is hereby amended by the substitution for sub-rule 4 of rule 3 thereof, of the following

“(3) Subject to any relevant provision of statute, the Supreme Court shall have power to enlarge the time appointed by these Rules or fixed by any other order enlarging time for the service of a notice of appeal to the Supreme Court upon such terms (if any) as it may direct, and any such enlargement may be ordered although the application for same is not made until after the expiration of the time appointed or allowed.”

10. Order 121 of the Rules of the Superior Courts is hereby amended by the insertion immediately following its rule 8, of the following

“9. The delivery or service of any notice for the purposes of section 8 or

section 17

of the

Civil Liability and Courts Act 2004

shall be in the manner prescribed in section 4 of that Act”.

11. Order 122 of the Rules of the Superior Courts is hereby amended by the substitution for rule 7 thereof, of the following

“7. Subject to any relevant provision of statute, the Court shall have power to enlarge or abridge the time appointed by these Rules, or fixed by any order enlarging time, for doing any act or taking any proceeding, upon such terms (if any) as the Court may direct, and any such enlargement may be ordered although the application for same is not made until after the expiration of the time appointed or allowed.”

12. The forms in Schedule 1 following shall be inserted as Appendix CC to the Rules of the Superior Courts. The form in Schedule 2 following shall be inserted as Form No. 5 in Appendix A, Part II to the Rules of the Superior Courts.

SCHEDULE 1

APPENDIX CC.

PERSONAL INJURIES ACTIONS (CIVIL LIABILITY AND COURTS ACT 2004)

No. 1

PERSONAL INJURIES SUMMONS

O. 1A. r.3

THE HIGH COURT

20.....

No.........

Between A.B..

and C.D..

Plaintiff,

Defendant.

To the defendant

(occupation)

who is ordinarily resident at

in the County of

This personal injuries summons requires you to enter an appearance in person or by solicitor in the Central Office, Four Courts, Dublin in the above action within eight days after the summons has been served on you (exclusive of the day of such service).

And TAKE NOTICE that if you do not enter an appearance the plaintiff may proceed in this action, and judgment may be given in your absence.

BY ORDER.

Chief Justice of Ireland.

the day of two thousand .............................

N.B.-This summons is to be served within twelve calendar months from the date hereof, unless the time for service has been extended by the Court.

The defendant may appear to this summons by entering an appearance either personally or by solicitor at the Central Office, Four Courts, Dublin.

INDORSEMENT OF CLAIM.

The plaintiff's claim is for the reliefs set out herein for personal injuries suffered by the plaintiff [or state capacity in which the plaintiff sues] as follows

[The indorsement of claim on a personal injuries summons shall

(a) set out, in numbered paragraphs, full and detailed particulars of -

(i) the nature of the claim and of each allegation assertion or plea comprising that claim;

(ii) the injuries to the plaintiff alleged to have been occasioned by the wrong of the defendant;

(iii) the acts of the defendant constituting the said wrong and the circumstances relating to the commission of the said wrong;

(iv) each instance of negligence by the defendant, and

(b) contain a schedule of full particulars of all items of special damage in respect of which the plaintiff is making a claim.

The following is a suggested format in which the indorsement might be presented

13. Copies of the plaintiff's notice of an offer of terms of settlement required by section 17(1) of the Act and of the defendant's notice required by section 17(2) of the Act shall be lodged in court by being filed (together with an affidavit as to the service of the same on the opposing party) in the Central Office as soon as may be after the expiry of the prescribed period referred to in section 17(3) of the Act. Such notice shall be in the Form No. 5 in Appendix CC.

VIII. Pre-trial hearing

14. (1) A person presiding over a pre-trial hearing directed by the Court under section 18 of the Act may at such hearing give such directions and make such orders as may be necessary for the purposes of determining what matters relating to the action are in dispute.

(2) Any direction given or order made at a pre-trial hearing by a person, other than a Judge, presiding over such hearing, may be appealed to the Court by a party affected.”

STATUTORY INSTRUMENTS

S.I. No. 248 of 2005

Rules of the Superior Courts (Personal Injuries) 2005

S.I. No. 248 of 2005

Rules of the Superior Courts (Personal Injuries) 2005

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 following Rules of Court.

Dated this 4th day of May, 2005.

John L Murray

Michael Cush

Joseph Finnegan

Anthony Hunt

Brian McCracken

Matthew Feely

Richard Johnson

Noel Rubotham

William McKechnie

Edmund Honohan

Patrick Groarke

Patrick O'Connor

I concur in the making of the following Rules of Court.

Dated this 19th day of May, 2005.

________________________

MICHAEL MCDOWELL

Minister for Justice, Equality and Law Reform

S.I. No. 248 of 2005

Rules of the Superior Courts (Personal Injuries) 2005