S.I. No. 478/2018 - Circuit Court Rules (Service) (No. 2) 2018

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 23rd November, 2018.

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of section 69 of the Courts of Justice Act 1936 , by virtue of the powers conferred on us by section 66 of the Courts of Justice Act 1924 and section 70 of the Courts of Justice Act 1936 , (as applied by section 48 of the Courts (Supplemental Provisions) Act 1961 ), section 27 of the Courts (Supplemental Provisions) Act 1961 , the European Communities (Rules of Court) Regulations 1972 ( S.I. No. 320 of 1972 ) and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice and Equality, make the annexed Rules of Court.

Dated this 17th day of July 2018.

(Signed): Raymond Groarke

(Chairman of the Circuit Court Rules Committee)

Jacqueline Linnane

Sarah Berkeley

Fiona Duffy Coady

Ronan Boylan

Mairead Ahern

Rita Considine

Noel Rubotham

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

Dated this 19th day of November 2018.

Signed: CHARLES FLANAGAN,

Minister for Justice and Equality.

S.I. No. 478 of 2018

CIRCUIT COURT RULES (SERVICE) (NO. 2) 2018

1. (1) These Rules, which may be cited as the Circuit Court Rules (Service) (No. 2) 2018, shall come into operation on the 14th day of December 2018.

(2) These Rules shall be construed together with the Circuit Court Rules 2001 to 2018.

(3) The Circuit Court Rules 2001 to 2017 as amended by these Rules may be cited as the Circuit Court Rules 2001 to 2018.

2. The Circuit Court Rules are amended by the substitution for rule 10 of Order 14B of the following rule:

“10.In addition to the method of service described in rule 3, a party to the proceedings may choose to effect service in another Member State by diplomatic or consular agents, in accordance with Article 13 of the Regulation (save where that Member State has indicated, in accordance with Article 23(1) of the Regulation, that it is opposed to the service of documents in its territory in the said manner) or by direct service, in accordance with Article 15 of the Regulation.”

EXPLANATORY NOTE

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

These Rules amend Order 14B, Rule 10 of the Circuit Court Rules by removing reference therein to the option for a party to effect service of a document in another Member State by registered post.