S.I. No. 526/2005 - Circuit Court Rules (Personal Injuries) 2005

S.I. No. 526 of 2005 .

CIRCUIT COURT RULES (PERSONAL INJURIES) 2005.

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of section 69 of the Courts of Justice Act, 1936 , and section 12 of the Courts of Justice Act, 1947 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 ) and section 27 of the Courts (Supplemental Provisions) Act, 1961 , and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the annexed Rules of Court.

Dated this 11th day of July 2005.

(Signed): MATTHEW DEERY

(Chairman of the Circuit Court Rules Committee),

GERARD J. DOHERTY,

NOEL RUBOTHAM,

SUSAN RYAN (Secretary).

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

Dated this 23rd day of August 2005.

(Signed): MICHAEL McDOWELL,

Minister for Justice, Equality and Law Reform.

S.I. No. 526 of 2005 .

CIRCUIT COURT RULES (PERSONAL INJURIES 2005.

1. These Rules, which may be cited as the Circuit Court Rules (Personal Injuries) 2005, shall come into operation on the 20th day of September, 2005.

2. The following Order shall be inserted in the Circuit Court Rules, 2001, as amended immediately after Order 5 and shall be construed together with those Rules.

“ORDER 5A — PROCEDURE BY PERSONAL INJURIES SUMMONS

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 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 an initiating document 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 .

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. (1) A personal injuries action shall be instituted by an originating document which shall be in accordance with Form 2P of the Schedule of Forms annexed hereto, and shall be referred to as a personal injuries summons.

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

4. 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 section 10 of the Act 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 of otherwise) provide such of the information required by section 10 as was not included in the personal injuries summons.

5. In every personal injuries action pleadings shall conform to the requirements of section 13 of the Civil Liability and Courts Act 2004 .

6. (1) A defence shall be delivered by each defendant who has entered an Appearance. The defence shall be in accordance with Form 6A(i) of the Schedule of Forms annexed hereto. Where any defendant makes a counterclaim, such counterclaim shall be in accordance with Form 6A(ii) of the Schedule of Forms and shall be appended to the defence.

(2) The defence shall be delivered to the plaintiff or his Solicitor within 6 weeks of the entry by the defendant of an Appearance.

7. (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 accordance with Form 6A(iii) of the Schedule of Forms annexed hereto. Where the affidavit is not made separately to the pleading or other document concerned, it shall be appended to 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 appended to 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) 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.

(4) An affidavit of verification shall be lodged in court as required by section 14(4) of the Act by being filed in the Office.

8. (1) The following applications in a personal injuries action shall, subject to the following rules of this Order, be made by motion to the Court on notice to the opposing party or parties, grounded, where necessary 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 provide the information necessary 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 provide the information necessary 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 application referred to in paragraphs (i), (ii), (iii or (iv) of this sub-rule shall not be issued 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

(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 in accordance with this Order.

9. (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, in addition to any matters required by section 16 of the Act to be contained in such report shall verify:

(a) his or her appointment as mediator;

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

(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.

10. 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 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 accordance with Form 6A(iv) of the Schedule of Forms annexed hereto.

11. (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.”

3. Order 11 of the Circuit Court Rules is hereby amended by the insertion, immediately following rule 20 thereof, of the following rule:

“20A. 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.”

4. Order 67 of the Circuit Court Rules amended by the substitution for rule 6 thereof of the following:

“6. 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 and may also declare any step taken or act done to be sufficient, upon such terms (if any) as the Court may direct, and any such enlargement may be ordered or such direction given although the application for same is not made until after the expiration of the time appointed or allowed.”

5. The Schedule of Forms annexed to the Circuit Court Rules 2001, as amended, is amended by the insertion in that Schedule of the Forms set out in the Schedule hereto in the following manner:

(i) Form 2P: immediately following Form 2O;

(ii) Forms 6A(i) to (iv): immediately following Form 6A.

SCHEDULE

FORM 2P

O. 5A, r. 3

PERSONAL INJURIES SUMMONS

AN CHUIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT		COUNTY OF
Record No.:
Between
	A.B.
		Plaintiff
	AND
	C.D.
		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 [Insert address of appropriate Circuit Court Office] in the above action within ten 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.

And further TAKE NOTICE that, if you intend to defend the proceedings on any grounds, you must not only enter an Appearance, but also, within six weeks after Appearance, deliver a statement in writing showing the nature and grounds of your Defence.

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 [Insert address of appropriate Circuit Court Office].

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:

WRONG ALLEGED AGAINST THE DEFENDANT (OR AGAINST EACH DEFENDANT)

1 ...............................................................................................

2 ...............................................................................................

PARTICULARS OF THE ACTS OF THE DEFENDANT (OR OF EACH DEFENDANT) CONSTITUTING THE WRONG

(Full particulars should be set out)

PARTICULARS OF CIRCUMSTANCES RELATING TO THE COMMISSION OF THE WRONG

(Full particulars should be set out)

PARTICULARS OF EACH INSTANCE OF NEGLIGENCE BY THE DEFENDANT (OR BY EACH DEFENDANT)

(Full particulars should be set out)

PARTICULARS OF THE INJURIES TO THE PLAINTIFF OCCASIONED BY THE WRONG OF THE DEFENDANT (OR OF EACH DEFENDANT)

RELIEFS CLAIMED

SCHEDULE

PARTICULARS OF ITEMS OF SPECIAL DAMAGE

(Full particulars should be set out. Add additional sheets if necessary.)

(If applicable, insert particulars required by Order 5, rule 5A.)

(Signed)

This summons was issued by the plaintiff whose personal details are as follows:

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

(state address accurately)

2. Plaintiff's occupation:

3. Plaintiff's date of birth:

Day

Month

Year

4. Plaintiff's Personal Public Service Number:

5. The plaintiff's address for service, if different from the plaintiff's address mentioned above, should be stated here:

This summons was issued by the plaintiff

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

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)

FORM 6A(i)

O. 5A, r. 5

PERSONAL INJURIES DEFENCE

AN CHUIRT CHUARDA

THE CIRCUIT COURT

Record No.:

Between

A.B.

Plaintiff

AND

C.D.

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:

(Provide full and detailed particulars of each denial or traverse, and of each allegation, assertion or plea, comprising the defence)

The defendant does not require proof of the following allegations specified or matters pleaded in the personal injuries summons:

..........................................................................................

The defendant requires proof of the following allegations specified or matters pleaded in the personal injuries summons:

..........................................................................................

The grounds upon which the defendant claims that (s)he is not liable for any injuries suffered by the plaintiff are as follows:

..........................................................................................

^* The grounds upon which the defendant claims that some or all of the injuries suffered by the plaintiff were occasioned in whole or in part by the plaintiff's own acts are as follows:

..........................................................................................

DEFENCE TO RELIEFS CLAIMED BY THE PLAINTIFF

COUNTER-SCHEDULE DEFENCE TO ITEMS OF SPECIAL DAMAGE CLAIMED BY THE PLAINTIFF

(add additional sheets if necessary)

(Signed) ______________________

FORM 6A(ii)

O. 5A, r. 5

PERSONAL INJURIES COUNTERCLAIM

INDORSEMENT OF COUNTERCLAIM

The defendant counterclaims for the reliefs set out herein for personal injuries suffered by the defendant as follows:

WRONG ALLEGED AGAINST THE PLAINTIFF (OR AGAINST EACH PLAINTIFF)

1 ...................................................................................................

2 ...................................................................................................

PARTICULARS OF THE ACTS OF THE PLAINTIFF (OR OF EACH PLAINTIFF) CONSTITUTING THE WRONG

(Full particulars should be set out.)

PARTICULARS OF CIRCUMSTANCES RELATING TO THE COMMISSION OF THE WRONG

(Full particulars should be set out.)

PARTICULARS OF EACH INSTANCE OF NEGLIGENCE BY THE PLAINTIFF (OR BY EACH PLAINTIFF)

(Full particulars should be set out.)

PARTICULARS OF THE INJURIES TO THE DEFENDANT OCCASIONED BY THE WRONG OF THE PLAINTIFF (OR OF EACH PLAINTIFF)

RELIEFS CLAIMED BY THE DEFENDANT

SCHEDULE

FULL PARTICULARS OF ITEMS OF SPECIAL DAMAGE CLAIMED BY THE DEFENDANT

(Full particulars should be set out. Add additional sheets if necessary.)

(If applicable, insert particulars required by Order 5, rule 5A)

This defendant's personal details are as follows:

1. Address of defendant's ordinary residence:

(state address accurately)

2. Defendant's occupation:

3. Defendant's date of birth:

Day

Month

Year

4. Defendant's Personal Public Service Number:

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

(Signed) ______________________________

FORM 6A(iii)

O. 5A, r. 7

AFFIDAVIT OF VERIFICATION

AN CHUIRT CHUARDA

THE CIRCUIT COURT

Record No.

Between

A.B.

Plaintiff

AND

C.D.

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 ........ ^* [to which this affidavit is appended] ^* [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.

^**Insert where deponent is swearing in capacity of a next friend or committee.

FORM 6A (iv)

O. 5A, r. 10

NOTICE OF OFFER OF TERMS OF SETTLEMENT

AN CHUIRT CHUARDA

THE CIRCUIT COURT

Record No.

Between

A.B.

Plaintiff,

AND

C.D.

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 abovementioned 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:

EXPLANATORY NOTE.

(This note is not 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.

^*delete if inapplicable.

^*Delete if inapplicable.

^*Delete whichever inapplicable.