S.I. No. 10/2016 - Rules of the Superior Courts (Jurisdiction, Recognition and Enforcement of Judgments) (No. 2) 2016.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 15th January, 2016.

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, the Courts of Justice Act, 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act 1961 , section 48), the Courts (Supplemental Provisions) Act 1961 , section 14, the European Communities (Rules of Court) Regulations 1972 ( S.I. No. 320 of 1972 ) and of all other powers enabling us in this behalf, do hereby make the following Rules of Court.

Dated this 28th day of April 2015.

Susan Denham

Nicolas Kearns

William McKechnie

Peter Kelly

Michael Peart

Anthony Barr

Paul McGarry

Gerard Meehan

Stuart Gilhooly

Michael Kavanagh

Noel Rubotham

John McMahon

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

Dated this 11th day of January, 2016.

FRANCES FITZGERALD

Minister for Justice and Equality

S.I. No. 10 of 2016

RULES OF THE SUPERIOR COURTS (JURISDICTION, RECOGNITION AND ENFORCEMENT OF JUDGMENTS) (NO. 2) 2016

1. (1) These Rules, which may be cited as the Rules of the Superior Courts (Jurisdiction, Recognition and Enforcement of Judgments) (No. 2) 2016, shall come into operation on the 13th day of January 2016.

(2) These Rules shall be construed together with the Rules of the Superior Courts.

(3) The Rules of the Superior Courts as amended by these Rules may be cited as the Rules of the Superior Courts 1986 to 2016.

2. Order 63 rule 9 of the Rules of the Superior Courts is amended:

(i) by the substitution in sub-rule (1) for “Subject to sub-rules (2) and (3)” of the words “Subject to sub-rules (2), (3) and (4)” and

(ii) by the insertion immediately after sub-rule (3) of the following sub-rule:

“(4) The time permitted for making an application referred to in sub-rule (1) in a case in which the Master has made an order adapting a measure or an order under regulation 7 of the European Union (Civil and Commercial Judgments) Regulations 2015 ( S.I. No. 6 of 2015 ) shall, if the party against whom the order or measure was obtained is domiciled in a Member State of the European Union other than the State be 30 days and shall run from the date of service of a copy of the Master’s order, either on him personally or at his residence.”

EXPLANATORY NOTE

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

These rules amend Order 63, rule 9 of the Rules of the Superior Courts to prescribe the time permitted for the making of an application to court to discharge an order made by the Master adapting a measure or an order under regulation 7 of the European Union (Civil and Commercial Judgments) Regulations 2015 ( S.I. No. 6 of 2015 ) where the party against whom an order or measure was obtained is domiciled in a Member State of the European Union other than the State.