Rules of the Superior Courts (Jurisdiction, Recognition, Enforcement and Service of Proceedings) 2005
Statutory Instruments
Source: Statutory Instruments

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