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


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

1.                                               These Rules shall come into operation on the 2nd day of June 2005.

2.                                               These Rules shall be construed together with the Rules of the Superior Courts 1986 to 2005 and may be cited as the Rules of the Superior Courts (Personal Injuries) 2005.

3.                                               Order 1 of the Rules of the Superior Courts is hereby amended by the substitution for rule 2 thereof, of the following:

“2.                                             An originating summons for the commencement of plenary proceedings with pleadings and to be heard on oral evidence (in these Rules called a plenary summons) shall, save in admiralty proceedings, and save in personal injuries actions as defined in Order 1A, be in the Form No. 1 in Appendix A, Part I”.

4.                                               The Rules of the Superior Courts are hereby amended by the insertion immediately following Order 1 of the following Order as Order 1A:

“Order 1A

Procedure by Personal Injuries Summons

I. Preliminary

Definitions

1.                                               In this Order unless the context or subject matter otherwise requires -

“the Act” means the Civil Liability and Courts Act 2004 ;

“personal injuries action” has the same meaning as in section 2 of the Act

and “action” shall be interpreted accordingly;

“personal injury” includes any disease and any impairment of a person's physical or mental condition;

“personal injuries summons” means a summons by which a personal injuries action is instituted in accordance with rule 3 of this Order;

“plaintiff” includes a deceased person, where a personal injuries action is instituted for the benefit of dependants of a deceased person;

“pleading” has the same meaning as in section 2 of the Act;

“Personal Public Service Number” means the Personal Public Service Number allocated and issued to a person under section 223 (inserted by section 14 of the Social Welfare Act 1998 ) of the Social Welfare (Consolidation) Act 1993 .

Application of this Order

2.  (1)                                         The provisions of this Order shall apply to personal injuries actions and to all proceedings in personal injuries actions.

(2)                                             Save where otherwise expressly provided by this Order, in the event that any conflict shall arise between the provision of any rule of this Order and any other provision of these Rules, the provision of the rule of this Order shall, in respect of personal injuries actions, prevail.

(3)                                             Without prejudice to the generality of sub-rule 2 Order 19, rules 1 and 3 and Order 21, rule 6 shall not apply in personal injuries actions.

II. Commencement of Proceedings

Personal injuries summons

3.                                               A personal injuries action shall be instituted by an originating summons, for the commencement of plenary proceedings with pleadings and hearing on oral evidence, which shall be in the Form No. 1 in Appendix CC, to be called a personal injuries summons.

4.                                               Save where otherwise expressly provided by this Order, the provisions of these Rules which apply to a plenary summons shall, with appropriate modifications, apply to a personal injuries summons.

5. (1)                                         Where the action is being instituted for the benefit of dependants of a deceased person, the personal injuries summons shall specify the date of birth and Personal Public Service Number of the deceased person.

(2)                                             Where the action is being instituted for the benefit of dependants of a deceased person, the name, address and date of birth of each such dependant shall be stated in the personal injuries summons.

(3)                                             Where a plaintiff has not been issued with a Personal Public Service Number, this shall be stated in the personal injuries summons.

6.                                               Where a plaintiff alleges that he was unable, at the time at which a personal injuries summons was issued, to include in the personal injuries summons any of the information required by this Order to be specified in the personal injuries summons, he shall include in the personal injuries summons a statement of the reasons why it is claimed that any such information could not be provided at the time of issue of the summons. The plaintiff shall, at the time the personal injuries summons is served or as soon as may be thereafter (whether by amendment or otherwise) provide such of the information required by this Order as was not included in the personal injuries summons.

III. Pleadings

7. (1)                                         No statement of claim shall be required in a personal injuries action.

(2)                                             Save where otherwise expressly provided by this Order, the provisions of these Rules which apply to a statement of claim shall, where appropriate and with appropriate modifications, apply to a personal injuries summons.

8.                                               An appearance to a personal injuries summons shall be in the Form No. 5 in Appendix A, Part II of these Rules. A defence shall be delivered by each defendant in the Form No. 2 in Appendix CC within eight weeks of the service on such defendant of the plaintiff's personal injuries summons. Where any defendant makes a counterclaim, such counterclaim shall be in the Form No. 3 in Appendix CC and shall be appended to the defence.

9.                                               A plaintiff who wishes to join issue with a defendant's defence may deliver a reply, within six weeks of the delivery of the defence. Any reply shall, if it contains any assertion or allegation of fact, be verified upon oath in accordance with rule 10. A plaintiff shall deliver a defence to any counterclaim within eight weeks of the delivery by such defendant to the plaintiff of the defendant's counterclaim. A defence to a counterclaim shall be in the Form No. 2 in Appendix CC, with such modifications as may be necessary, and shall comply with the requirements of the Act applicable to a defence.

IV. Verification of facts alleged.

10. (1) An affidavit of verification of a pleading or of further information requiring under section 14(1), 14(2) or 14(3) of the Act to be verified on oath shall be in the Form No. 4 in Appendix CC. If the affidavit is not separate to the pleading or other document concerned, it may be endorsed upon such pleading or other document.

(2)                                             A copy of the affidavit of verification shall be delivered to the party to whom the pleading or other document is to be delivered. Where the affidavit is endorsed upon the pleading or other document, the copy of the affidavit shall be delivered within the time prescribed by these Rules for delivery of such pleading or other document. Otherwise, the affidavit shall be delivered within the time prescribed by section 14 of the Act for lodgment of the affidavit in court.

(3)                                             An affidavit of verification shall be lodged in court as required by section 14(4) of the Act by filing the same in the Central Office.

(4)                                             Where the copy of the affidavit of verification is delivered subsequent to delivery of the pleading or other document, the time prescribed by these Rules for delivery of any pleading or other document in reply shall run from the date of delivery of such copy.

V. Interlocutory Applications

11. (1)                                        The following applications in a personal injuries action shall be made by motion to the Court on notice to the opposing party or parties grounded upon an affidavit sworn by or on behalf of the moving party:

(i)                                               An application by a defendant under section 10(3 of the Act for a stay or dismissal of the action by reason of a plaintiff's failure to comply with section 10 of the Act;

(ii)                                              An application by a defendant under section 11(3 of the Act for a stay or dismissal of the action by reason of a plaintiff's failure to provide further information requested under section 11(1) or section 11(2) of the Act;

(iii)                                              An application by a plaintiff under section 12(3) of the Act for a stay of the action or for judgment by reason of a defendant's failure to comply with section 12 of the Act;

(iv)                                              An application for an order for the delivery by the opposing party of further and better particulars of any pleading delivered by such party;

(v)                                               An application by a party wishing to have evidence in the action given by affidavit, under section 19 of the Act.

An order sought in an application referred to in paragraph (i), (ii), (iii) or (iv) of this sub-rule shall not be made unless:

(a)                                             the moving party shall have first written to the relevant opposing party requesting that such party agree to the moving party's request;

(b)                                             a period of twenty eight days for compliance with the moving party's request has been allowed; and

(c)                                             the party requested has failed. refused or neglected to comply with such request.

(2)                                             No application for judgment or for other relief in default of pleading shall be granted in a personal injuries action unless the moving party has satisfied the Court that he has verified his previous pleadings in that action on oath.

VI. Mediation

12. (1) A request by a party for a direction of the Court under section 15 of the Act that a mediation conference be held shall be made by motion to the Court on notice to the opposing party or parties, grounded upon an affidavit sworn by or on behalf of the moving party.

(2)                                             Where the Court directs that a mediation conference be held, it may adjourn the proceedings for such time as it considers appropriate to enable the mediation conference to be held.

(3)                                             Where the Court directs that a mediation conference be held, it may extend the time for compliance by the parties or any of them with any provision of these Rules or any order of the court in the proceedings.

(4)                                             The report under section 16 of the Act of the person appointed under section 15(4) of the Act to be the chairperson of a mediation conference shall be by way of affidavit which shall verify:

(a) his or her appointment as mediator;

(b) whether the mediation conference was or was not held;

(c) if not held, the reasons why the mediation conference did not take place; (d) if held, (i) the time and place at which the mediation conference was held; (ii) the parties in attendance; (iii) whether or not a settlement has been reached in the action and (iv) the terms of any settlement signed by the parties.

VII. Formal Offers

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.”

5.                                               Order 4 of the Rules of the Superior Courts is hereby amended by the substitution for rule 2 thereof, of the following:

“2.    Save in the case of a personal injuries summons as defined in Order 1A, the indorsement of claim on a plenary summons shall be entitled “General Indorsement of Claim” and there shall be an indorsement of the relief claimed and the grounds thereof expressed in general terms in such one of the forms in Appendix B, Part II as shall be applicable to the case, or, if none be found applicable, then such other similarly concise form as the nature of the case may require. The indorsement of claim on a personal injuries summons shall be as provided by Order 1A.”

6.                                               Order 13 of the Rules of the Superior Courts is hereby amended by insertion of the following, immediately following rule 6:

“6A.                                             In case of default of appearance by any defendant to a personal injuries summons as defined in Order 1A, the plaintiff (without delivering a statement of claim) may apply to the Court by motion for judgment in the action in default of appearance upon filing in the Central Office an affidavit or affidavits of service of the personal injuries summons and an affidavit verifying the contents of the said personal injuries summons.”

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:

1. Description of the parties;

2. The nature of the claim;

3. The acts of the defendant alleged to constitute a wrong, each instance of negligence by the defendant, all other relevant circumstances in relation to the commission of the said wrong and any other assertion or plea concerning same;

4. The injuries to the plaintiff alleged to have been occasioned by the wrong of the defendant;

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 Personal Injuries Summons at time of issue and service.)]

(Signed)_________________

This summons was issued by the plaintiff

OR

This summons was issued by                                                   , solicitor for the plaintiff, whose registered place of business is

The plaintiff's personal details are as follows:

1. The address at which the Plaintiff ordinarily resides is:

(state address accurately). The plaintiff's address for service, if different from the plaintiff's address mentioned above, should also be stated here:

2. Plaintiff's occupation:

3. Plaintiff's date of birth:        Day:            Month                    Year

4. Plaintiff's Personal Public Service Number:

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

INDORSEMENT OF SERVICE

This summons was served by me at

on the defendant            on        day the

day of                       , 20

Indorsed the        day of                              20 .

(Signed)

(Address)

No. 2

PERSONAL INJURIES DEFENCE.

O. 1 A, r. 8

THE HIGH COURT

20.....

No.........

Between A.B.,

and C.D.,

Plaintiff,

Defendant.

Delivered on the        day of        two thousand ................................by AB of (registered place of business) solicitor for the defendant.

TAKE NOTICE that the defence of the defendant to the claim of the plaintiff made by personal injuries summons dated the        day of        two thousand .......................................is as follows:

[A defence to a personal injuries action shall:

(a) specify-

(i) the allegations specified, or matters pleaded, in the personal injuries summons of which the defendant does not require proof,

(ii) the allegations specified, or matters pleaded in the personal injuries summons of which he or she requires proof,

(iii) the grounds upon which the defendant claims that he or she is not liable for any injuries suffered by the plaintiff, and

(iv) where the defendant alleges that some or all of the personal injuries suffered by the plaintiff were occasioned in whole or in part by the plaintiff's own acts, the grounds upon which he or she so alleges, and

(b) contain full and detailed particulars of each denial or traverse, and of each allegation, assertion or plea. comprising the defendant's defence and, where appropriate, a counter-schedule setting out the defence to items of special damage claimed by the plaintiff.

COUNTER-SCHEDULE

DEFENCE TO ITEMS OF SPECIAL DAMAGE CLAIMED BY THE PLAINTIFF

(add additional sheets if necessary)

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

(Signed)___________________

No. 3

PERSONAL INJURIES COUNTERCLAIM

O. 1A, r. 8

INDORSEMENT OF COUNTERCLAIM

The defendant's counterclaim is for the reliefs set out herein for personal injuries suffered by the defendant as follows:

[A personal injuries counterclaim shall

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

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

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

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

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

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

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

1. Description of the parties;

2. The nature of the counterclaim;

3. The acts of the plaintiff alleged to constitute a wrong, each instance of negligence by the plaintiff, all other relevant circumstances in relation to the commission of the said wrong and any other assertion or plea concerning same;

4. The injuries to the defendant alleged to have been occasioned by the wrong of the plaintiff;

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:

1. Address of defendant's ordinary residence:

(state address accurately). The defendant's address for service, if different from the address mentioned above, should be stated here:

2. Defendant's occupation:

3. Defendant's date of birth:        Day:            Month                    Year

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:

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.