S.I. No. 171/2016 - Circuit Court Rules (Actions for Possession, Sale and Well-Charging Relief) 2016.

1. I am *[the (

state capacity

) of the plaintiff] *[the plaintiff] in the above entitled proceedings. I make this Affidavit from facts within my own knowledge save where otherwise appears and where so appearing I believe the same to be true.

A — Verification of factual matter in Civil Bill

2. I beg to refer to the Civil Bill herein. I say that such of the statements therein as relate to the acts and deeds of the plaintiff are true and correct and such of the statements therein as relate to the acts and deeds of any other person or persons I believe to be true.

B — Details of property

[Set out precise particulars of the property to which the proceedings relate, including any premises on the land, and the full address of the property. In the case of registered land, the county and folio number should be specified. Exhibit any relevant document, including where relevant any document or copy certified by a member of the staff of the Property Registration Authority (e.g. certified copy folio); evidence of rateable valuation from the appropriate authority where the jurisdiction is based on the rateable valuation; and as to whether or not the property is a family home within the meaning of

section 2

of the

Family Home Protection Act 1976

or a shared home within the meaning of

section 2

7 of the

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

].

C — Details of occupancy/possession

[Set out particulars of the occupancy of the property to which the proceedings relate, including the names of the known occupants; whether the property is occupied by the defendant borrower and/or other persons as a principal dwelling or otherwise. Where the property is occupied by the borrower or a person(

s

) other than the borrower on a leasehold or tenancy basis, set out the identity of the tenant(

s

) where known, whether the tenancy is for commercial purposes or is residential, the terms where known of any tenancy. In the case of a leasehold or tenancy consent by the plaintiff which would have been required by law, specify whether such consent had been given by the plaintiff. Where the applicant has recovered possession of the property, please confirm the circumstances in which possession was obtained (e.g. under order of court or by consent). Exhibit any relevant document.]

D — Details of security

[Set out precise particulars of the security on which the plaintiff relies, including the date on which the security was provided, amount secured and any relevant registration of the security, specifying in particular whether the security is by way of registered charge; mortgage by deed or other unregistered security; security by way of equitable deposit; enforceable agreement to create a mortgage, etc and the nature and extent of the legal or equitable estate or interest of the defendant secured. Where relevant (see B above) specify whether any consent for the purposes of

section 3

of the

Family Home Protection Act 1976

or

section 28

of the

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

had been obtained to the giving of the security. Exhibit any relevant document (e.g. deed of mortgage).]

E — Details of loan agreement or other advance relied upon

[Set out precise particulars of the loan agreement (e.g. facility letter) on which the plaintiff relies, exhibiting same if in writing and not previously exhibited; and if not in writing, set out particulars of the agreement.]

F — Details of arrears or default or other matter on which plaintiff relies as entitling the plaintiff to the relief sought

[Set out precise particulars of arrears alleged to be owed or other default alleged by the defendant, or other matter on which the plaintiff relies as entitling the plaintiff to the relief sought, explaining by reference to any written agreement or otherwise precisely how it is alleged the act or default of the defendant or other matter relied upon entitles the plaintiff to the relief claimed. Set out and if in writing exhibit all relevant communications passing between the plaintiff (and/or its agents) and the defendant (and/or his or her agents) in relation to same, including letters of demand relied upon and up to date statement of mortgage arrears.]

G — Application of regulatory code

[Where the agreement for security on foot of which the proceedings have been commenced, or any loan agreement to which it applies, is or was at the material time or times one to which a code drawn up by the Central Bank of Ireland in accordance with section 117 of the Central Bank Act 1989 applies

(

a

) identify the code concerned, and

(

b

) provide (whether in this affidavit or in a supplemental affidavit) such information as would enable the Court to evaluate the extent to which the plaintiff has, in relation to any relevant provision of the code, been in compliance.]

H — Other relevant information

[Set out all other evidence on which the plaintiff relies in support of its application for relief and all other information relevant to the application and where same is contained in any document, exhibit such document.]

[insert appropriate paragraph number] I accordingly pray for the relief set out in the Civil Bill herein.

SWORN etc.

*delete where inapplicable

EXPLANATORY NOTE

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

These rules amend the Circuit Court Rules by revising the forms of Civil Bill (Form 2R) and the verifying affidavit (Form 54) in the Schedule to the Circuit Court Rules. The Title to Order 5B has also been revised.

3. give or send by post a copy of the replying affidavit to the *[Plaintiff]*[Plaintiff’s Solicitor].

PLEASE NOTE that unless you file an Appearance with the County Registrar and file the replying affidavit as set out above, you will be held to have admitted the said claim, and the Plaintiff may proceed with the claim against you and judgment may be given against you in your absence without further notice.

SPECIAL INDORSEMENT OF CLAIM

[

Insert the relief claimed specifically and with all necessary particulars, the grounds thereof and the basis upon which jurisdiction is claimed, including a statement of the rateable valuation of the mortgaged property, where applicable, and a statement that the property is located within the Circuit.

]

*These proceedings are commenced in the Circuit Court pursuant to section 101(5) of the

Land and Conveyancing Law Reform Act 2009

as they include an application under section 97(2) or section 100(3) of the

Land and Conveyancing Law Reform Act 2009

concerning property which is subject to a housing loan mortgage created on or after 1 December 2009 *and

section 2

of the

Land and Conveyancing Law Reform Act 2013

applies to the proceedings as they are proceedings brought by a mortgagee seeking an order for possession of land to which the mortgage relates and which land is the principal private residence of—

(

a

) the mortgagor of the land concerned, or

(

b

) a person without whose consent a conveyance of that land would be void by reason of—

(i) the

Family Home Protection Act 1976

, or

(ii) the

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

.

*These proceedings are commenced in the Circuit Court pursuant to

section 3

of the

Land and Conveyancing Law Reform Act 2013

as they are proceedings brought by a mortgagee seeking an order for possession of land which is the principal private residence of—

(

a

) the mortgagor of the land concerned, or

(

b

) a person without whose consent a conveyance of that land would be void by reason of—

(i) the

Family Home Protection Act 1976

, or

(ii) the

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

,

and the mortgage concerned was created prior to 1 December 2009.

The plaintiff will rely at the hearing of this Civil Bill on the following affidavit(

s

)

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

22

nd April

, 2016.

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of

section 69

of the

Courts of Justice Act 1936

, by virtue of the powers conferred on us by

section 66

of the

Courts of Justice Act 1924

and

section 70

of the

Courts of Justice Act 1936

, (as applied by

section 48

of the

Courts (Supplemental Provisions) Act 1961

) and

section 27

of the

Courts (Supplemental Provisions) Act 1961

, and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice and Equality, make the annexed Rules of Court.

Dated this 8th day of March 2016.

(Signed): Raymond Groarke

(Chairman of the Circuit Court Rules Committee)

Alison Lindsay

Sarah Berkeley

Fiona Duffy Coady

Keith Walsh

Mairead Ahern

Rita Considine

Noel Rubotham

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

Dated this 20th day of April 2016.

Signed: FRANCES FITZGERALD,

Minister for Justice and Equality.

S.I. No. 171 of 2016

CIRCUIT COURT RULES (ACTIONS FOR POSSESSION, SALE AND WELL-CHARGING RELIEF) 2016