S.I. No. 506/2005 - Rules of the Superior Courts (Jurisdiction, Recognition, Enforcement and Service of Proceedings) 2005

1. That the originating summons [

or, other originating document 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 _______________ 20__, by

AB

, the above-named plaintiff against

CD

, 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

*the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters, signed at Lugano on the 16th day of September 1988

(

here state the particular provision(s)

).

3. That the said originating summons [

or, other originating document as the case may be

] was duly served on the ___ day of _________________ 20___, upon the said

CD

by (

state mode of service

).

4. The said

CD

entered an appearance [

or

did not enter an appearance].

5. That

CD

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 judgment carries interest at the rate of ___

per cent per annum

on the judgment 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 ________________ 20___.

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 14 of the Jurisdiction of Courts and Enforcement of Judgments Act 1998.

Dated the ___ day of _______________ 20___.

(Signed)

EF

a Registrar of the High Court of Ireland

[

or

the Registrar of the Supreme Court of Ireland]

_______________________________________

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Rules prescribe procedures in respect of the jurisdiction recognition, enforcement and service of proceedings in relation to EU Regulations.

12. In the case of enforcement proceedings under Chapter III of Regulation No. 2201/2003 if the party against whom enforcement is sought is habitually resident in a Member State of the European Union other than the State, the time for appealing shall be two months and shall run from the date of service, either on him or her personally or at his or her residence.

13. In the case of enforcement proceedings under Chapter III of Regulation No. 44/2001 or Title III of the 1968 Convention, if the party against whom enforcement is sought is domiciled in a Member State of the European Union other than the State, the time for appealing shall be two months and shall run from the date of service either on him or her personally or at his or her residence.

14. In the case of enforcement proceedings under Title III of the Lugano Convention, if the party against whom enforcement is sought is domiciled in a Contracting State of the 1968 Convention or Contracting State of the Lugano Convention other than the State the time for appealing shall be two months and shall run from the date of service, either on him or her personally or at his or her residence.

15. If the application for enforcement of the judgment is refused, the applicant may appeal to the High Court within five weeks from the perfection of the order of the Master. The appeal shall be brought by notice of motion grounded upon an affidavit establishing that the party against whom enforcement is sought has been notified of the appeal and the date specified for the hearing of the appeal in sufficient time to enable him or her to arrange for his or her defence or, alternatively, that all necessary steps have been taken to this end.

16. Execution shall not issue on a judgment declared to be enforceable under Section 2 of Chapter III of Regulation No. 44/2001 or under Section 2 of Chapter III of Regulation No. 2201/2003 or under section 7 of the 1998 Act (as the case may be) until after the expiration of the period specified in accordance with rules 11, 12 13 or 14 (as the case may be) 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 rules 11, 12, 13 or 14 of this Order, execution of the judgment shall not issue until after such appeal (including any 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 2 of Chapter III of Regulation No. 44/2001 or under Section 2 of Chapter III of Regulation No. 2201/2003 or under section 7 of the 1998 Act (as the case may be) must produce to the appropriate officer an affidavit of service of the order granting leave to enforce a judgment and of any order made by the Master, the High Court or the Supreme Court (as the case may be) in relation to the judgment.

17. The following provisions shall apply to appeals on a point of law to the Supreme Court under Article 44 of Regulation No. 44/2001 or Article 34 of Regulation No. 2201/2003 or Article 41 of the 1968 Convention or Article 41 of the Lugano 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 or her 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 an appeal on a point of law under Article 44 of Regulation No. 44/2001 or under Article 34 of the Regulation No. 2201/2003 or under Article 41 of the 1968 Convention or under Article 41 of the Lugano Convention.

18. 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 rules 5(3) and (4).

19. The foregoing rules of this Order shall apply as appropriate to an application for the enforcement of an instrument or settlement referred to in Chapter IV of Regulation No. 44/2001, in Title IV of the 1968 Convention or in Title IV of the Lugano Convention or for the enforcement of an instrument or agreement referred to in Section 5 of Chapter III of Regulation No. 2201/2003.

20. 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 of the 1968 Convention or Contracting States of the Lugano Convention, shall be admissible as evidence of same. The competence and qualification of the translator shall be verified by affidavit.

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

22. (1) In the case of a judgment of the High Court or the Supreme Court sought to be enforced or recognised in another Member State of the European Union or a Contracting State of the Lugano Convention, any application for a certificate signed by a Registrar of the High Court or 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 Regulation No. 44/2001 or of Regulation No. 2201/2003 or of the 1968 Convention or of the Lugano Convention by which the Court assumed jurisdiction;

(

c

) state the date on which the 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 an 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 proceedings.

(3) The certificate signed by the Registrar of the Court shall, as the case may be, be in the form in Annex V to Regulation 44/2001, or be in the form in Annex I or II, as appropriate, to Regulation No. 2201/2003, or in any other case 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 originating document 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 exhibit a certified true copy of the document which establishes that the person in default was served with the document instituting the proceedings.

23. (1) Where a party seeks enforcement in the State pursuant to Article 47 of Regulation No. 2201/2003 of a judgment of a kind referred to in Article 41(1) or Article 42(1) of Regulation No. 2201/2003 given in another Member State of the European Union, the application for such enforcement shall be by originating notice of motion entitled

“ The High Court

Family Law

In the Matter of Article 41 or 42 [as the case may be] of Regulation No. 2201/2003

And In the Matter of the Foreign Proceedings entitled “ ” ”.

(2) The said originating notice of motion shall be grounded on an affidavit exhibiting the documents referred to in Article 45 of Regulation No. 2201/2003 and shall specify the orders or other reliefs sought from the Court for the purposes of the enforcement of the judgment.

(3) The Court may give such directions as appear appropriate as to the service of the originating notice of motion.

24. For the purposes of this Order

“1998 Act” means the Jurisdiction of Courts and Enforcement of Judgments Act 1998;

“the 1968 Convention” has the same meaning as in Order 13A, rule 5;

“Contracting State of the Lugano Convention” has the same meaning as in Order 11B, rule 9;

“the Lugano Convention” has the same meaning as in Order 13A, rule 5;

“Regulation No. 44/2001” has the same meaning as in Order 11A, rule 9;

“Regulation No. 2201/2003” has the same meaning as in Order 11C, rule 9.

References in this Order to provisional, including protective, measures pursuant to, or referred to in, Article 20 of Regulation No. 2201/2003 shall not include reference to such measures which may be sought as interim directions pursuant to section 12 or

section 26

of the

Child Abduction and Enforcement of Custody Orders Act 1991

, and to which Order 133, rule 6 applies.”

(xiii) the insertion of the following as Order 121, rule 2A, in substitution for the existing Order 121 rule 2A

“2A. The delivery or service of any document under the Jurisdiction of Courts and Enforcement of Judgments Act 1998, Council Regulation (EC) No. 44/2001 of 22 December 2000 (O.J. L. 12 of 16 January 2001 and L. 307/28 of 24 November 2001) on jurisdiction and enforcement of judgments in civil and commercial matters or Council Regulation (EC) No. 2201/2003 of 27 November 2003 (O.J. L. 338/1) concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility, repealing Council Regulation (EC) No. 1347/2000, for which personal service is not required, shall be effected by leaving the document or a copy thereof (as may be appropriate) at, or sending the document or copy thereof (as may be appropriate) by registered pre-paid post to, the residence of place or business of the person to be served or the place of business of the Solicitor or Notary or other duly authorised agent (if any) acting for him in the proceedings to which the document relates.”

(xiv) the amendment of the number and title of the existing Order 121A as “Order 121B: Service of Foreign Process (Denmark and outside the EU)” and the substitution in rule 1 therein for the definition of “A Convention Country” of the following

“ “A Convention Country” means a country which is party to the Convention, but excludes a country which is a Member State of the European Union in which Council Regulation (EC 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extra-judicial documents in civil or commercial matters is in force.”

(xv) the insertion of the following as Order 121A

“Order 121A

Service of Foreign Process (EU save the Kingdom of Denmark — Regulation No. 1348/2000)

We, the Superior Court 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 20th day of July 2005.

Joseph Finnegan

Richard Johnson

Michael Cush

Tony Hunt

Matthew Feely

Patrick Groarke

Patrick O'Connor

Noel Rubotham

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

Dated this 27th day of July 2005.

MICHAEL McDOWELL,

Minister for Justice, Equality and Law Reform.

S.I. No. 506 of 2005

.

RULES OF THE SUPERIOR COURTS (JURISDICTION, RECOGNITION, ENFORCEMENT AND SERVICE OF PROCEEDINGS) 2005.