S.I. No. 432/2016 - Circuit Court Rules (Jurisdiction and the Recognition and Enforcement of Judgments in Civil or Commercial Matters) 2016.

1. (1) These Rules, which may be cited as the Circuit Court Rules (Jurisdiction and the Recognition and Enforcement of Judgments in Civil or Commercial Matters) 2016, shall come into operation on the 1st day of September 2016.

(2) These Rules shall be construed together with the Circuit Court Rules 2001 to 2016.

(3) The Circuit Court Rules 2001 to 2016 as amended by these Rules may be cited as the Circuit Court Rules 2001 to 2016.

2. (1) The certificate provided pursuant to Article 53 of Regulation No. 1215/2012 shall be in accordance with Form 40A in the Schedule of Forms.

(2) The certificate provided pursuant to Article 54 or Article 58 of the Lugano Convention shall be in accordance with Form 40E in the Schedule of Forms.”

EXPLANATORY NOTE

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

These Rules amend rules 1 and 2 of Order 61A of the Circuit Court Rules to correct references made to an Article of Regulation (EU) No 1215/2012 of the European Parliament and Council of 12 December 2012 and to Form numbers appearing in those rules as inserted by the Circuit Court Rules (Jurisdiction and the Recognition and Enforcement of Judgments in Civil or Commercial Matters) 2015 (S.I. No. 618/2015)

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

5

th August

, 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

),

section 27

of the

Courts (Supplemental Provisions) Act 1961

, Regulation 3 of the European Communities (Rules of Court) Regulations 1972 (

S.I. No. 320 of 1972

), 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 7th day of June 2016.

(Signed): Raymond Groarke

(Chairman of the Circuit Court Rules Committee)

Alison Lindsay

Sarah Berkeley

Fiona Duffy Coady

Keith Walsh

Ronan Boylan

Rita Considine

Noel Rubotham

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

Dated this 22nd day of July 2016.

Signed: FRANCES FITZGERALD,

Minister for Justice and Equality.

S.I. No. 432 of 2016

CIRCUIT COURT RULES (JURISDICTION AND THE RECOGNITION AND ENFORCEMENT OF JUDGMENTS IN CIVIL OR COMMERCIAL MATTERS) 2016