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


S.I. No. 506 of 2005 .

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

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.

1.  The Rules of the Superior Courts are hereby amended by:

(i)  the insertion of the following as Order 4, rule 1A in substitution for the existing Order 4, rule 1A:

“1A.  Where an indorsement of claim on an originating summons concerns a claim which by virtue of Regulation No. 44/2001, Regulation No. 2201/2003, the 1968 Convention or the Lugano Convention, the Court has power to hear and determine, the following provisions shall apply:

(1)  The originating summons shall be endorsed before it is issued with a statement that the Court has the power under Regulation No. 44/2001, Regulation No. 2201/2003, the 1968 Convention or the Lugano Convention to hear and determine the claim and shall specify the particular provision or provisions of Regulation No. 44/2001, Regulation No. 2201/2003, the 1968 Convention or the Lugano Convention (as the case may be) under which the Court should assume jurisdiction; and

(2)  The originating summons shall be endorsed before it is issued with a statement that no proceedings between the parties concerning the same cause of action are pending between the parties in another Member State of the European Union or in a Contracting State of the Lugano Convention.

(3)  For the purposes of this Order—

“the 1968 Convention” means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (including the protocol annexed to that Convention), signed at Brussels on the 27th day of September 1968 including the 1978 Accession Convention, the 1982 Accession Convention, the 1989 Accession Convention and the 1996 Accession Convention;

“Contracting State of the Lugano Convention” means a Contracting State as defined by section 17(1) of the Jurisdiction of Courts and Enforcement of Judgments Act 1998;

“the Lugano Convention” means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters signed at Lugano on the 16th day of September 1988 and includes Protocol 1;

“Regulation No. 44/2001” means 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 as amended by Commission Regulation (EC) No. 1496/2002 of 21 August 2002 (O.J. L. 225/13) and by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded of 16 April 2003 (O.J. L. 236/33);

“Regulation No. 2201/2003” means 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 the matters of parental responsibility, and, where the context so admits or requires, shall include reference to Council Regulation (EC) No. 1347/2000 of 29 May 2000 (O.J. L. 160/22) on jurisdiction and the recognition of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses, as amended, which latter Regulation is repealed as from the date of application of Council Regulation (EC) No. 2201/2003 and any reference to an Article of Council Regulation (EC) No. 2201/2003 shall include reference to the corresponding Article of Council Regulation (EC) No. 1347/2000 indicated in Annex V of Council Regulation (EC) No. 2201/2003.”

(ii)  the insertion of the following as Order 5, rule 14 in substitution for the existing Order 5, rule 14:

“14.  (1)  Save as is otherwise provided for in these Rules, no summons or other originating document for service out of the jurisdiction or of which notice is to be given out of the jurisdiction shall be issued without leave of the Court.

(2)  Service of an originating summons or other originating document or notice of an originating summons or other originating document out of the jurisdiction is permissible without the leave of the Court, if, but only if, it complies with the following conditions:

(1)  each claim made by the summons or other originating document is one which by virtue of Regulation No. 44/2001 Regulation No. 2201/2003, the 1968 Convention or the Lugano Convention the Court has power to hear and determine and

(2)  no proceedings between the parties concerning the same cause of action are pending between the parties in another Member State of the European Union or in a Contracting State of the Lugano Convention.”

(iii)  the insertion of the following as Order 11A, in substitution for the existing Order 11A:

 

“Order 11A

 

Service out of the Jurisdiction under Council Regulation (EC) No. 44/2001 (Civil and Commercial Matters)

1.  The provisions of this Order only apply to proceedings which are governed by Article 1 of Regulation No. 44/2001 and, so far as practicable and applicable, to any order, motion or notice in any such proceedings.

2.  Service of an originating summons or notice of an originating summons out of the jurisdiction is permissible without the leave of the Court if but only if, it complies with the following conditions:

(1)  the claim made by the summons or other originating document is one which, by virtue of Regulation No. 44/2001, the Court has power to hear and determine, and

(2)  no proceedings between the parties concerning the same cause of action are pending between the parties in another Member State of the European Union (other than Denmark).

3.  Where an originating summons or notice of an originating summons is to be served out of the jurisdiction under rule 2, the time to be inserted in the summons within which the defendant served therewith shall enter an appearance (including an appearance entered solely to contest jurisdiction by virtue of Article 24 of Regulation No. 44/2001) shall be:

(1)  five weeks after the service of the summons or notice of summons exclusive of the day of service where an originating summons or notice of an originating summons is to be served in the European territory of another Member State of the European Union (other than Denmark), or

(2)  six weeks after the service of the summons or notice of summons exclusive of the day of service where an originating summons or notice of an originating summons is to be served under rule 2 in any non-European territory of a Member State of the European Union (other than Denmark).

4.  (1)  Where two or more defendants are parties to proceedings to which the provisions of this Order apply, but not every such co-defendant is domiciled in a Member State of the European Union or a Contracting State of the 1968 Convention or a Contracting State of the Lugano Convention for the purposes of Regulation No. 44/2001 or the 1998 Act, then the provisions of Order 11 requiring leave to serve out of the jurisdiction shall apply to each and every such co-defendant.

(2)  This rule shall not apply to proceedings to which the provisions of Article 22 of Regulation No. 44/2001 concerning exclusive jurisdiction or Article 23 of Regulation No. 44/2001 concerning prorogation of jurisdiction apply. Service of such proceedings on all co-defendants shall be governed by the provisions of this Order.

5.  (1)  Subject to the provisions of Regulation No. 44/2001, where the parties to any contract have agreed without conferring jurisdiction for the purpose of Article 23 of Regulation No. 44/2001, that service of any summons in any proceedings relating to such contract may be effected at any place within or without the jurisdiction on any party or on any person on behalf of any party or in any manner specified or indicated in such contract, then, in any such case notwithstanding anything contained in these Rules, service of any such summmons at the place (if any) or on the party or on the person (if any) or in the manner (if any) specified or indicated in the contract shall be deemed to be good and effective service wherever the parties are resident. If no place, or mode, or person be so specified or indicated, service shall be effected in accordance with these Rules.

(2)  Where a contract contains an agreement conferring jurisdiction to which the provisions of Article 23 of Regulation No. 44/2001 concerning prorogation of jurisdiction apply and the originating summons is issued for service out of the jurisdiction without leave under rule 2 of this Order and is duly served in accordance with these Rules, the summons or notice of summons shall be deemed to have been duly served on the defendant.

6.  Where the defendant is not, or is not known or believed to be, a citizen of Ireland, notice of summons and not the summons itself shall be served upon him.

7.  Subject to the provisions of this Order notice in lieu of summons shall be given in the manner in which summonses are served.

8.  Where a defendant wishes to enter an appearance to contest the jurisdiction of the Court for the purposes of Article 24 of Regulation No. 44/2001, he may do so by entering an appearance in Form No. 6 in Appendix A, Part II of these Rules.

9.  For the purpose of this Order:

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

“the 1968 Convention” means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (including the protocol annexed to that Convention), signed at Brussels on the 27th day of September 1968 including the 1978 Accession Convention, the 1982 Accession Convention, the 1989 Accession Convention and the 1996 Accession Convention;

“Contracting State of the 1968 Convention” means Contracting State as defined by section 4(1) of the 1998 Act, other than a Member State of the European Union in which Regulation No. 44/2001 is in force;

“Contracting State of the Lugano Convention” means a Contracting State as defined by section 17(1) of the 1998 Act;

“domicile” is to be determined in accordance with the provisions of Articles 59 and 60 of Regulation No. 44/2001;

“Regulation No. 44/2001” means 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 the recognition and enforcement of judgments in civil and commercial matters as amended by Commission Regulation (EC) No. 1496/2002 of 21 August 2002 (O.J. L. 225/13) and by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary the Republic of Malta, the Republic of Poland the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded of 16 April 2003 (O.J. L. 236/33);

“summons” includes, where the context so admits or requires, any other originating document.”

(iv)  the amendment of the number and title of the existing Order 11B to “Order 11E: Service of Documents outside of the Jurisdiction (Hague Convention — 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.”

(v)  the insertion of the following as Order 11B:

 

“Order 11B

Service out of the Jurisdiction under the Jurisdiction of Courts and Enforcement of Judgments Act 1998 (1968 and Lugano Conventions)

 

1.  The provisions of this Order only apply to proceedings which are governed by the terms of the 1968 Convention and Part II of the 1998 Act (and the First Schedule thereof) or the Lugano Convention and Part III of the 1998 Act (and the Seventh Schedule thereof) and, so far as practicable and applicable, to any order, motion or notice in any such proceedings.

2.  Service of an originating summons or notice of an originating summons out of the jurisdiction is permissible without the leave of the Court if but only if, it complies with the following conditions:

(1)  the claim made by the summons is one which by virtue of either the 1968 Convention and Part II of the 1998 Act (and the First Schedule thereof) or the Lugano Convention and Part III of the 1998 Act and the Seventh Schedule thereof) the Court has power to hear and determine, and

(2)  no proceedings between the parties concerning the same cause of action are pending between the parties in another Contracting State of the 1968 Convention or another Contracting State of the Lugano Convention (as the case may be).

3.  Where an originating summons or notice of an originating summons is to be served out of the jurisdiction under rule 2, the time to be inserted in the summons within which the defendant served therewith shall enter an appearance (including an appearance entered solely to contest jurisdiction by virtue of Article 18 of the 1968 Convention or Article 18 of the Lugano Convention) shall be:

(a)    five weeks after the service of the summons or notice of summons exclusive of the day of service where an originating summons or notice of an originating summons is to be served in the European territory of another Contracting State of the 1968 Convention or of another Contracting State of the Lugano Convention, or

(b)    six weeks after the service of the summons or notice of summons exclusive of the day of service where an originating summons or other originating document or notice of an originating summons or document is to be served under rule 2 in any non-European territory of any Contracting State of the 1968 Convention or of any Contracting State of the Lugano Convention.

4.  (1)  Where two or more defendants are parties to proceedings to which the provisions of this Order apply, but not every such co-defendant is domiciled in a Member State of the European Union or in a Contracting State of the 1968 Convention or a Contracting State of the Lugano Convention for the purposes of the 1998 Act or Regulation No. 44/2001, then the provisions of Order 11 requiring leave to serve out of the jurisdiction shall apply to each and every such co-defendant.

(2)  This rule shall not apply to proceedings to which the provisions of Article 16 of the 1968 Convention or Article 16 of the Lugano Convention concerning exclusive jurisdiction or Article 17 of the 1968 Convention or Article 17 of the Lugano Convention concerning prorogation of jurisdiction apply. Service of such proceedings on all co-defendants shall be governed by the provisions of this Order.

5.  (1)  Subject to the provisions of the 1968 Convention (or the Lugano Convention), where the parties to any contract have agreed without conferring jurisdiction for the purpose of Article 17 of the 1968 Convention (or Article 17 of the Lugano Convention), that service of any summons in any proceedings relating to such contract may be effected at any place within or without the jurisdiction on any party or on any person on behalf of any party or in any manner specified or indicated in such contract, then, in any such case notwithstanding anything contained in these Rules, service of any such summons at the place (if any) or on the party or on the person (if any or in the manner (if any) specified or indicated in the contract shall be deemed to be good and effective service wherever the parties are resident. If no place, or mode, or person be so specified or indicated, service shall be effected in accordance with these Rules.

(2)  Where a contract contains an agreement conferring jurisdiction to which the provisions of Article 17 of the 1968 Convention (or Article 17 of the Lugano Convention) concerning prorogation of jurisdiction apply and the originating summons is issued for service out of the jurisdiction without leave under rule 2 of this Order and is duly served in accordance with these Rules, the summons or notice of summons shall be deemed to have been duly served on the defendant.

6.  Where the defendant is not, or is not known or believed to be, a citizen of Ireland, notice of summons and not the summons itself shall be served upon him.

7.  Subject to the provisions of this Order notice in lieu of summons shall be given in the manner in which summonses are served.

8.  Where a defendant wishes to enter an appearance to contest the jurisdiction of the Court for the purposes of Article 18 of the 1968 Convention or Article 18 of the Lugano Convention he may do so in the Form No. 7 in Appendix A, Part II of these Rules.

9.  For the purpose of this Order:

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

“domicile” is to be determined in accordance with the provisions of section 15 and the Ninth Schedule of the 1998 Act;

“Contracting State of the 1968 Convention” means a Contracting State as defined by section 4(1) of the 1998 Act, other than a Member State of the European Union in which Regulation No. 44/2001 applies;

“Contracting State of the Lugano Convention” means a Contracting State as defined by section 17(1) of the 1998 Act;

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

“summons” includes, where the context so admits or requires, any other originating document.”

(vi)  the insertion of the following as Order 11C immediately following Order 11B:

 

“Order 11C

Service out of the Jurisdiction under Council Regulation (EC) No. 2201/2003 (Matrimonial Matters and Matters of Parental Responsibility)

 

1.  The provisions of this Order only apply to proceedings which are governed by the terms of Article 1 of Regulation No. 2201/2003 and, so far as practicable and applicable, to any order motion or notice in any such proceedings.

2.  Service of an originating summons or notice of summons out of the jurisdiction is permissible without the leave of the Court, if, but only if, it complies with the following conditions:

(a)  the claim made by the summons is one which, by virtue of Regulation No. 2201/2003, the Court has power to hear and determine; and

(b)  no proceedings

(i)  relating to divorce, legal separation or marriage annulment between the same parties or, as the case may be,

(ii)  relating to parental responsibility relating to the same child and involving the same cause of action

are pending in another Member State of the European Union (other than Denmark).

3.  Where an originating summons or notice of an originating summons is to be served out of the jurisdiction under rule 2, the time to be inserted in the summons within which the defendant served therewith shall enter an appearance (including an appearance entered solely to contest jurisdiction) shall be:

(a)  five weeks after the service of the originating summons or notice of summons exclusive of the day of service where an originating summons or notice of an originating summons is to be served in the European territory of another Member State of the European Union (other than Denmark), or

(b)  six weeks after the service of the originating summons or notice of summons exclusive of the day of service where an originating summons or notice of summons is to be served under rule 2 in any non-European territory of any Member State of the European Union (other than Denmark).

4.  Where two or more defendants are parties to proceedings to which the provisions of this Order apply, but not every such defendant is domiciled in a Member State of the European Union, the rules as to jurisdiction in Regulation No. 2201/2003 shall apply.

5.  Where the defendant is not, or is not known or believed to be, a citizen of Ireland, notice of summons, and not the summons itself, shall be served upon him or her.

6.  Subject to the provisions of this Order notice in lieu of summons shall be given in the manner in which summonses are served.

7.  Where a defendant wishes to enter an appearance to contest the jurisdiction of the Court, he or she may do so by entering an appearance in Form No. 8 in Appendix A, Part II of these Rules.

8.  Where in any proceedings a judgment is given of a kind referred to in Article 41(1) or Article 42(1) of Regulation No. 2201/2003, the Registrar shall, where the conditions specified in Article 41(2) or, as the case may be, Article 42(2), of Regulation No. 2201/2003 are satisfied prepare, for signature by the Judge, the certificate in the form in Annex III or IV, as appropriate to Regulation No. 2201/2003. Such certificate when signed shall be sealed with the seal of the High Court (or the Supreme Court, as the case may be). The Registrar shall provide such completed certificate to any party to the proceedings who requests same.

9.  To the extent that any rules contained in Order 70, Order 70A, Order 133 or any other Order of these Rules are inconsistent with the provisions of Regulation No. 2201/2003 or of this Order providing for rules of court in respect of Regulation No. 2201/2003, the provisions of Regulation No. 2201/2003 or of this Order providing for rules of court in respect of Regulation No. 2201/2003 shall prevail.

10.  For the purpose of this Order:

“domiciled” is to be determined in accordance with the provisions of Article 3 of Regulation No. 2201/2003;

“Regulation No. 2201/2003” means 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 the matters of parental responsibility, and, where the context so admits or requires, shall include reference to Council Regulation (EC) No. 1347/2000 of 29 May 2000 (O.J. L. 160/22) on jurisdiction and the recognition of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses, as amended, which latter Regulation is repealed as from the date of application of Council Regulation (EC) No. 2201/2003 and any reference to an Article of Council Regulation (EC) No. 2201/2003 shall include reference to the corresponding Article of Council Regulation (EC) No. 1347/2000 indicated in Annex V of Council Regulation (EC) No. 2201/2003;

“resident” is to be determined in accordance with the provisions of Article 3 of Regulation No. 2201/2003;

“summons” includes, where the context so admits or requires, any other originating document.

(vii)  the insertion of the following as Order 11D:

 

“Order 11D

Service of Documents outside of the Jurisdiction but within the EU (save the Kingdom of Denmark) (Regulation No. 1348/2000)

 

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

“a Member State” or “Member States” means a Member State or the Member States of the European Union, with the exception of Denmark;

“Receiving Agency” means the entities designated by the other Member States of the European Union pursuant to Article 2(2) of Regulation No. 1348/2000;

“Regulation No. 1348/2000” means 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 (O.J. L. 160/39) and any amendments thereto;

“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;

“summons” includes, where the context so admits or requires, any other originating document;

“Transmitting Agency” means, as regards the State, the Offices of the County Registrar or such other public officers, authorities or other persons as are for the time being designated by the State pursuant to Article 2(2) of Regulation No. 1348/2000.

2.  This Order applies to the service of documents pursuant to Article 1 of Regulation No. 1348/2000.

3.  (1)  Any party to any proceedings to which Regulation No. 1348/2000 applies, who wishes to have a document served pursuant to Regulation No. 1348/2000, (in this Order referred to as the “requesting party”) may lodge with the Transmitting Agency:

(i)  two copies of each document to be served with an additional copy thereof for each person to be served;

(ii)  a request for service of the document or documents, in the form specified in the Annex to Regulation No. 1348/2000;

(iii)  an undertaking to pay the costs occasioned by the employment of a judicial officer or of a person competent under the law of the Member State(s) addressed or, where the applicant for service has specified that a particular method of service, as defined at Article 11(2)(b) of Regulation No. 1348/2000, be availed of the costs occasioned by the use of that method of service.

(2)  If any request for service does not comply with the provisions of sub-rule (1), the Transmitting Agency shall inform the requesting party and specify the objections to the request.

(3)  The Transmitting Agency shall maintain a list of the Member States to which Regulation No. 1348/2000 applies and the languages specified by each Member State for the purposes of Article 4(3) of Regulation No. 1348/2000 and those parts of the relevant Member State to which the relevant language applies. Such list shall be available for inspection during the opening hours of the office of the County Registrar (or, as the case may be, of the office or offices of such other public officers, authorities or other persons as are for the time being designated by the State pursuant to Article 2(2) of Regulation No. 1348/2000) and copies of such information shall be kept for distribution on request.

(4)  The Transmitting Agency shall be responsible for notifying the requesting party of any contact or notice received from the Receiving Agency pursuant to Article 6(2), 6(3) or 6(4) of Regulation No. 1348/2000 in respect of the requesting party's request for service.

(5)  On receipt of the certificate provided for at Article 10 of Regulation No. 1348/2000 from the Receiving Agency, the Transmitting Agency shall forthwith transmit the certificate (or a copy thereof) to the requesting party.

4.  (1)  In addition to the method of service described at rule 3, a party to proceedings may choose to effect service in another Member State by diplomatic or consular agents, by post or by direct service, in accordance with Articles 13, 14 and 15 of Regulation No. 1348/2000, save where the Member State in which it is desired to effect service has indicated, in accordance with Article 23(1) of Regulation No. 1348/2000, that it is opposed to the service of documents in its territory in the said manner.

(2)  The Transmitting Agency shall maintain a list of any declarations made by any Member State indicating that that Member State is opposed to any such form of service. Such list shall be available for inspection during the opening hours of the office of the County Registrar or, as the case may be, the office or offices of such other public officers, authorities or other persons as are for the time being designated by the State pursuant to Article 2(2) of Regulation No. 1348/2000.

5.  (1)  Subject to rule 5(5), judgment shall not be given or entered in default of appearance in any proceedings to which this Order applies until it is established that:

(i)  the originating document was served by a method prescribed by the internal law of the Member State addressed for the service of documents in domestic actions upon persons who are within its territory; or

(ii)  the originating document was actually delivered to the defendant or to his residence by another method provided for by Regulation No. 1348/2000,

and that in either case the service or delivery was effected in sufficient time to enable the defendant to defend the claim.

(2)  Judgment in default of appearance shall only be entered with leave of the Court.

(3)  An application for leave to enter judgment in default shall be made by motion on notice and shall be supported by an affidavit verifying the plaintiff's claim for relief and verifying the steps taken to serve the proceedings and supported by adequate proof thereof.

(4)  The affidavit referred to in sub-rule (3 shall also state that in the deponent's belief:

(i)  each claim made by the summons is one which, by virtue of Regulation No. 44/2001 (or, as the case may be Regulation No. 2201/2003) or any amendment thereto, the Court has power to hear and determine, and

(ii)  no other Court has exclusive jurisdiction within the meaning of Regulation 44/2001 or, as the case may be, of Regulation No. 2201/2003, to hear and determine such claim.

(5)  The Court may give leave to enter judgment if no certificate of service or delivery has been received by the Transmitting Agency from the Receiving Agency in the Member State in which service was requested to be effected provided that:

(i)  the document was transmitted by one of the methods provided for in Regulation No. 1348/2000;

(ii)  a period of time (of not less than six months), considered adequate by the Court, has elapsed since the date of transmission of the document, and

(iii)  no certificate of any kind has been received from the Receiving Agency even though every reasonable effort has been made to obtain it through the competent authorities of the Member State addressed.

(6)  The Court may, at any stage, in the event of urgency, make orders for any provisional or protective measures required by the plaintiff.

6.  (1)  An application to extend time for appealing any judgment obtained in default shall be made by motion on notice and shall be grounded upon the affidavit of, or on behalf of the moving party and the Court may, if satisfied that:

(i)  the application was made within a reasonable time after the defendant had knowledge of the judgment; and

(ii)  the defendant, without any fault on his part, did not have knowledge of the originating document in sufficient time to defend, or knowledge of the judgment in sufficient time to appeal it; and

(iii)  the defendant has disclosed a prima facie defence to the action on the merits,

extend the time for appealing same, on such terms and conditions as appear just.

(2)  No such application to set aside a judgment obtained in default shall be entertained if not made within a time that the Court shall deem to be reasonable.

(3)  No application to extend the time for appealing the judgment shall be entertained in respect of judgments concerning status or capacity of persons.

7.  In the case of default of appearance by any defendant to an originating summons, the plaintiff shall:

(i)  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

(ii)  in the case of a special summons, file a grounding affidavit in the Central Office, or

(iii)  in the case of a personal injuries summons a summary summons or any other originating document, file an affidavit in the Central Office verifying the facts relied upon,

and thereupon may apply to the Court for judgment in default of appearance.

8.  Subject to the provisions of this Order Order 13 shall, so far as practicable, apply to applications under this Order for leave to enter judgment.”

(viii)  the insertion of the following as Order 12, rule 2(3) and rule 2(4), in substitution for the existing Order 12, rule 2(3) and rule 2(4):

“(3)  An appearance to an originating summons or a reply to an originating document in respect of proceedings issued for service out of the jurisdiction under Order 11A, rule 2, Order 11B, rule 2 or Order 11C, rule 2 (including an appearance or reply entered solely to contest jurisdiction) shall be entered—

(a)  within five weeks after the service of the summons or document exclusive of the day of service where an originating summons or other originating document or notice of summons or other originating document is served in the European territory of another Member State of the European Union or of another Contracting State of the Lugano Convention, or

(b)  within six weeks after the service of the summons or document exclusive of the day of service where an originating summons or other originating document or notice of summons or other originating document is served in any non-European territory of any Member State of the European Union or Contracting State of the Lugano Convention, or any co-defendant who is not domiciled in a Member State of the European Union or Contracting State of the Lugano Convention.

(4)  For the purposes of this rule:

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

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

“domicile” is to be determined, as the case may be, in accordance with the provisions of Article 2 of Regulation 2201/2003 or Articles 59 and 60 of Regulation No. 44/2001 or section 15 and the Ninth Schedule of the 1998 Act;

“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.”

(ix)  the insertion of the following as Order 13A, in substitution for the existing Order 13A:

 

“Order 13A

Default of Appearance under Regulation No. 44/2001, Regulation No. 2201/2003 and the Jurisdiction of Courts and Enforcement of Judgments Act 1998

 

1.  Where an originating summons has been issued out of the jurisdiction under Order 11A rule 2 or Order 11B, rule 2 or Order 11C, rule 2 the plaintiff shall not be entitled to enter judgment except with leave of the Court.

2.  An application for leave to enter judgment shall be made on notice and shall be supported by an affidavit stating that in the deponent's belief:

(1) each claim made by the summons is one which by virtue of Regulation No. 44/2001, Regulation No. 2201/2003 or the 1998 Act (as the case may be) the Court has power to hear and determine; and

(2) no other court has exclusive jurisdiction within the meaning of Article 22 of Regulation No. 44/2001, Article 16 of the 1968 Convention or Article 16 of the Lugano Convention (as the case may be) to hear and determine such claim; and

(3) where the summons or notice of the summons was served out of the jurisdiction under Order 11A, rule 2 or Order 11B, rule 2 or Order 11C, rule 2 such service has taken place in due and proper form;

and giving in each case the source of grounds of such belief.

3.  In the case of default of appearance by any defendant to an originating summons, 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 any other originating document, file an affidavit in the Central Office verifying the facts relied upon,

and thereupon may apply to court for a judgement in default of appearance.

4.  Subject to the provisions of this Order Order 13 shall, so far as practicable, apply to applications under this Order for leave to enter a judgment.

5.  For the purpose of this Order—

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

“the 1968 Convention” means the Convention on jurisdiction and enforcement of judgments in civil and commercial matters (including the protocol annexed to that Convention), signed at Brussels on the 27th day of September 1968 including the 1978 Accession Convention, the 1982 Accession Convention, the 1989 Accession Convention and the 1996 Accession Convention;

“the Lugano Convention” means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters signed at Lugano on the 16th day of September 1988 and includes Protocol 1;

“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;

“summons” includes, where the context so admits or requires, any other originating document.”

(x)  the insertion of the following as Order 19, rule 3A, in substitution for the existing Order 19 rule 3A:

“3A.  Where a statement of claim concerns a claim which the Court has power to hear and determine by virtue of Regulation No. 44/2001 Regulation No. 2201/2003, the 1968 Convention or the Lugano Convention, the following provisions shall apply:

(1)  The statement of claim shall be endorsed with a statement that the Court has power under Regulation No. 44/2001, Regulation No. 2201/2003, the 1968 Convention or the Lugano Convention to hear and determine the claim and shall specify the particular provision or provisions of Regulation No. 44/2001, Regulation No. 2201/2003, the 1968 Convention or the Lugano Convention (as the case may be) under which the Court should assume jurisdiction; and

(2)  The statement of claim shall be endorsed with a statement that no proceedings between the parties concerning the same cause of action are pending between the parties in another Member State of the European Union or (as the case may be) in a Contracting State of the Lugano Convention.

(3)  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;

(xi)  the insertion of the following as Order 29, rules 8 and 9, in substitution for the existing Order 29 rules 8 and 9:

“8.  No defendant shall be entitled to an order for security for costs in proceedings for the enforcement of a judgment under Chapter III of Regulation No. 44/2001, Chapter III of Regulation No. 2201/2003 or Title III of the 1968 Convention or Title III of the Lugano Convention solely on the ground that the plaintiff is a foreign national or that he or she is not domiciled or resident in the State in which enforcement is sought.

9.  For the purposes of rule 8—

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

“domicile” has the same meaning as in Order 12 rule 2(4);

“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.”

(xii)  the insertion of the following as Order 42A, in substitution for the existing Order 42A:

 

“Order 42A

Protective Measures and Enforcement of Judgments, Authentic Instruments and Court Settlements under the Jurisdiction of Courts and Enforcement of Judgments Act 1998 Council Regulation (EC) No. 44/2001 and Council Regulation (EC) No. 2201/2003

 

1.  An application for provisional, including protective, measures under Article 31 of Regulation No. 44/2001 or section 13 of the 1998 Act (including an application for provisional (including protective) measures under the Lugano Convention by virtue of sections 13 and 20 of the 1998 Act) or of a kind referred to in Article 20 of Regulation No. 2201/2003 shall be made ex parte to the High Court.

2.  An application for such provisional, including protective, measures shall be grounded upon an affidavit specifying the said measures pursuant to Article 31 of Regulation No. 44/2001 or referred to in Article 20 of Regulation No. 2201/2003 or section 13 of the 1998 Act (including an application for provisional (including protective) measures under the Lugano Convention by virtue of sections 13 and 20 of the 1998 Act). The affidavit by which the application is made, in addition to setting out the information and exhibition the documents necessary to ground the application, shall:

(a)  state the nature of the proceedings or intended proceedings and exhibit a certified true copy of the document or documents used or proposed to be used to institute the proceedings;

(b)  specify the Member State of the European Union or, in the case of applications under the Lugano Convention the Contracting State in which the proceedings have been commenced or are to be commenced;

(c)  state the particular provisions of Regulation No. 44/2001 or of Regulation No. 2201/2003 or the 1968 Convention or the Lugano Convention by which the court of the Member State of the European Union or, in the case of an application under the Lugano Convention, of the Contracting State has assumed jurisdiction or, in the case of intended proceedings, would be entitled to assume jurisdiction.

3.  The Court may make ex parte any interim order pursuant to Article 31 of Regulation No. 44/2001 or Article 20 of Regulation No. 2201/2003 or section 13 of the 1998 Act upon such terms as to costs or otherwise or subject to such undertaking, if any, as the Court may think just; and any party affected by such order may move to set it aside. Every application for an interlocutory order pursuant to Article 31 of Regulation No. 44/2001 or Article 20 of Regulation No. 2201/2003 or section 13 of the 1998 Act shall be brought by notice of motion.

4.  An application for the enforcement of a judgment pursuant to Chapter III of Regulation No. 44/2001 or Chapter III of Regulation No. 2201/2003 or section 7 of the 1998 Act shall be made ex parte to the Master.

5.  An application for such enforcement shall be made by motion ex parte grounded upon an affidavit specifying the protective measures (if any) requested by the applicant pursuant to Article 47(2) of Regulation No. 44/2001 or section 13(3) of the 1998 Act and exhibiting:

(a)  in the case of an application pursuant to Article 38 of Regulation No. 44/2001 the judgment which is sought to be enforced or a certified or otherwise duly authenticated copy thereof and the certificate referred to in Article 54 of Regulation No. 44/2001, or

(b)  in the case of an application pursuant to Article 28 of Regulation No. 2201/2003, the judgment which is sought to be enforced or a certified or otherwise duly authenticated copy thereof and the certificate referred to in Article 39 of Regulation No. 2201/2003 and, in the case of a judgment given in default, the original or certified copy of a document which establishes that the party in default was served with the document or documents instituting the proceedings or with the equivalent document, or any document indicating that the defendant has accepted the judgment unequivocally, or

(c)  in any other case:

(1)  the judgment which is sought to be enforced or a certified or otherwise duly authenticated copy thereof;

(2)  in the case of a judgment given in default, the original or certified copy of a document which establishes that the party in default was served with the document or documents instituting the proceedings or with an equivalent document or documents in sufficient time to enable him or her to arrange for his or her defence;

(3)  documents which establish that according to the law of the state in which it has been given, the judgment is enforceable and has been served;

(4)  where applicable, a document showing that the applicant is in receipt of legal aid in the state in which the judgment was given.

6.  The affidavit grounding the application for enforcement shall also state:

(1)  whether the said judgment provides for the payment of a sum or sums of money;

(2)  whether interest is recoverable on the judgment or part thereof in accordance with the law of the state in which the judgment was given, and if such be the case, the rate of interest, the date from which the interest is recoverable, and the date on which interest ceases to accrue;

(3)  an address within the State for service of proceedings on the party making the application and, to the best of the deponent's knowledge and belief, the name and usual or last known address or place of business of the person against whom judgment was given;

(4)  the grounds on which the right to enforce the judgment is vested in the party making the application;

(5)  as the case may require, that at the date of the application the judgment has not been satisfied, or the judgment has not been fully satisfied, and the part or amount in respect of which it remains unsatisfied.

7.  Where the party making the application under rule 4 does not produce the documents referred to in rules 5 and 6 of this Order, the Master may, if he or she sees fit, adjourn the application to allow the applicant an opportunity to produce the said documents or, alternatively accept equivalent documents, or dispense with the production of the said documents.

8.  An order granting leave to enforce a judgment under Chapter III of Regulation No. 44/2001 or under Chapter III of Regulation No. 2201/2003 or under section 8 of the 1998 Act shall state the period in accordance with Article 43(5 of Regulation No. 44/2001 or Article 33(5) of Regulation No. 2201/2003 or Article 36 of the 1968 Convention or Article 36 of the Lugano Convention (as the case may be) within which an appeal may be made against the order for enforcement, and shall contain a notification that execution of the judgment will not issue until after the expiration of that period and shall specify the protective measures (if any) granted pending execution.

9.  Notice of an order granting leave to enforce a judgment 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) shall be served together with the order on the person against whom the order was made by delivering it to him or her personally or in such other manner as the Master may direct. The provisions of Order 11A, Order 11B or Order 11C as appropriate shall apply in relation to such a notice as they apply in relation to an originating summons.

10.  The notice of enforcement shall state:

(a)  full particulars of the judgment declared to be enforceable and the order for enforcement,

(b)  the name and address of the party making the application and his address for service within the State,

(c)  the protective measures (if any) granted in respect of the property of the person against whom judgment was given,

(d)  the right of the person against whom judgment was given to appeal to the High Court against the order for enforcement, and

(e)  the period within which an appeal against the order for enforcement may be made.

11.  If enforcement is authorised by the Master the party against whom enforcement is sought may, subject to rules 12, 13 and 14 of this Order, appeal against the order to the High Court within one month of service thereof. All such appeals may be brought by notice of motion which shall be served on the party in whose favour the order for enforcement was granted by the Master. The High Court shall have power to stay the proceedings, on such terms as it sees fit, if an ordinary appeal has been brought against the judgment which is sought to be enforced in the Member State of the European Union (other than the State) or the Contracting State of the 1968 Convention or Contracting State of the Lugano Convention (other than the State) in which that judgment was given; or if the time for such an appeal has not yet expired, the High Court may specify the time within which such an appeal is to be lodged in the courts of that Member State of the European Union or that Contracting State of the 1968 Convention or Contracting State of the Lugano Convention (as the case may be).

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)

 

1.  The Master of the High Court as Central Body for Ireland for the purposes of 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 (O.J. L. 160/37) (and any amendments thereto) shall perform the functions of the Central Body referred to in Article 3 of that Council Regulation.”

(xvi)  the amendment of Order 133 by:

(a)  the insertion in rule 1, immediately following the definition therein of “the Central Authority” of the following:

“Regulation No. 2201/2003” means 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 the matters of parental responsibility.

References in this Order to the Hague Convention shall, where the context requires in relation to applications under the Hague Convention to which Regulation No. 2201/2003 relates, be deemed to include references to Regulation No. 2201/2003.”;

(b)  the substitution for sub-rule (1) of rule 2 thereof, of the following:

“2.  (1)  Any applications made pursuant to section 9(2), section 10(2), section 11, section 15, section 24(2), or section 25 of the Act shall be brought by way of special summons which shall be a family law summons and shall be entitled:

“      The High Court

Family Law

In the Matter of the Child Abduction and Enforcement of Custody Orders Act 1991

And In the Matter of the       Convention And In the Matter of [X], a minor

Between

AB

Applicant

And

CD

Respondent”.

Where an application under section 9(2 or section 10(2) of the Act is one to which Article 11 of Regulation No. 2201/2003 applies, the summons shall additionally be entitled “And in the matter of Council Regulation No. 2201/2003 (EC).”

(c)  the insertion in rule 6 thereof, immediately before the words “Where a special summons has been issued and served” of the sub-rule reference “(3)”;

(d)  the insertion immediately following rule 9 thereof, of the following:

“10.  Where the Court makes an order of non-return pursuant to Article 13 of the Hague Convention in a case to which Article 11 of Regulation No. 2201/2003 applies, the Registrar shall cause the transmission, through the Central Authority to the court with jurisdiction or central authority in the Member State of the European Union where the child was habitually resident before the wrongful removal or retention, of the documents specified in Article 11(6) of Regulation No. 2201/2003.

11.  (1)  Where the Central Authority receives documents specified in Article 11(6) of Regulation No. 2201/2003 in respect of an order of non-return pursuant to Article 13 of the Hague Convention made concerning a child who was habitually resident in the State before his or her wrongful removal or retention, and no proceedings are in being before a Court in the State concerning the custody of or access to the child, the Central Authority shall issue an originating notice of motion entitled:

“      The High Court

Family Law

In the Matter of Article 11(6) 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 received pursuant to Article 11(6) of Regulation No. 2201/2003 and shall seek the directions of the Court for the purposes of Article 11(7) of Regulation No. 2201/2003. The originating notice of motion shall be served on the parties referred to in Article 11(7) of Regulation No. 2201/2003.

(3)  Where the Central Authority receives documents specified in Article 11(6) of Regulation No. 2201/2003 in respect of an order of non-return pursuant to Article 13 of the Hague Convention made concerning a child who was habitually resident in the State before his or her wrongful removal or retention, and proceedings are in being before the Court concerning the custody of or access to the child, the Central Authority shall transmit the said documents to the appropriate office of the High Court or, as the case may be, to the Supreme Court Office.

(4)  Where the Court receives documents specified in Article 11(6) of Regulation No. 2201/2003 in respect of an order of non-return pursuant to Article 13 of the Hague Convention made concerning a child who was habitually resident in the State before his or her wrongful removal or retention (whether under sub-rule (3) of this rule or otherwise), and proceedings are in being before a Court in the State concerning the custody of or access to the child, the Court shall (i) if such proceedings are in being before the High Court or Supreme Court, cause the Registrar to transmit copies of such documents to the parties to those proceedings by registered post or in such other manner as the Court may direct or (ii) if such proceedings are in being before another court in the State, cause the Registrar to transmit such documents to the appropriate office of that court.

(5)  Where the Court receives documents specified in Article 11(6) of Regulation No. 2201/2003 in respect of an order of non-return pursuant to Article 13 of the Hague Convention made concerning a child who was habitually resident in the State before his or her wrongful removal or retention, and no proceedings are in being before any Court in the State concerning the custody of or access to the child, the Court shall cause the Registrar to transmit copies of such documents to the persons appearing to have an interest in such order by registered post or in such other manner as the Court may direct. Such persons shall also be notified of a date, within three months of the receipt of such documents, when the matter of the child shall be listed before the Court and any submissions by or on behalf of such persons heard. The title employed in proceedings in respect of the matter shall be the same title as in proceedings to which sub-rule (1) of this rule applies. Copies of the documents and notification referred to shall also be provided to the Central Authority, which shall be at liberty to appear and to apply to be heard on the date on which the matter of the child is listed before the Court. However, nothing in this rule shall be interpreted as requiring the Central Authority to appear or otherwise to participate in the matter or in any such proceedings.”

(xvii)  the insertion of the forms numbers 6, 7 and 8 in the First Schedule hereto as forms numbers 6, 7 and 8 in Part II of Appendix A.

(xviii)  the substitution of the form number 1 in the Second Schedule hereto as form number 1, in Part III of Appendix F.

2.  These rules shall come into operation on the 10th day of August 2005.

3.  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 (Jurisdiction, Recognition Enforcement and Service of Proceedings) 2005.

FIRST SCHEDULE

Appendix A, Part II

No. 6

O.11A, r.8

THE HIGH COURT

In the matter of Article 24 of Council Regulation (EC) No. 44/2001

Between AB,

Plaintiff

and CD

Defendant

Enter an Appearance for CD, the [*-named] defendant in this action without prejudice and solely to contest the jurisdiction of the court.

Dated

Signed EF

Solicitor for the [*-named] defendant

The registered place of business of EF is __________________________

[or CD, the defendant in person]

To: The Registrar of the Central Office.

Take Notice that I have this day entered an appearance without prejudice and solely to contest the jurisdiction of the court at the Central Office, Four Courts, Inns Quay, Dublin 7, for the above defendant to the [notice of] originating summons (or other originating document) in this action.

Dated

Signed

To:

No. 7

O.11B, r.8

THE HIGH COURT

In the matter of the Jurisdiction of Courts and Enforcement of Judgments Act 1998

And in the matter of Article 18 of the Brussels Convention 1968 (or Article 18 of the Lugano Convention, as the case may be)

Between AB,

Plaintiff

and CD

Defendant

Enter an Appearance for CD, the [*-named] defendant in this action without prejudice and solely to contest the jurisdiction of the court.

Dated

Signed EF

Solicitor for the [*-named] defendant

The registered place of business of EF is __________________________

[or CD, the defendant in person]

To: The Registrar of the Central Office.

Take Notice that I have this day entered an appearance without prejudice and solely to contest the jurisdiction of the court at the Central Office, Four Courts, Inns Quay, Dublin 7, for the above defendant to the [notice of] originating summons (or other originating document) in this action.

Dated

Signed

To:

No. 8

O.11C, r.7

THE HIGH COURT

In the matter of Council Regulation No. 2201/2003

Between AB,

Plaintiff

and CD

Defendant

Enter an Appearance for CD, the [*-named] defendant in this action without prejudice and solely to contest the jurisdiction of the court.

Dated

Signed EF

Solicitor for the [*-named] defendant

The registered place of business of EF is __________________________

[or CD, the defendant in person]

To: The Registrar of the Central Office.

Take Notice that I have this day entered an appearance without prejudice and solely to contest the jurisdiction of the court at the Central Office, Four Courts, Inns Quay, Dublin 7, for the above defendant to the [notice of] originating summons (or other originating document) in this action.

Dated

Signed

To:

SECOND SCHEDULE

Appendix F

No. 1

O.42A, r.22

CERTIFICATE

Certificate of Judgment sought to be enforced or recognised in a Contracting State of the Brussels or Lugano Convention

THE HIGH COURT

[OR THE SUPREME COURT]

 

20 No.

Between AB,

and CD,

Plaintiff,

Defendant.

I, EF, a Registrar of the High Court of Ireland [or the Registrar of the Supreme Court of Ireland] hereby certify:

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.