Circuit Court Rules (Jurisdiction and the Recognition and Enforcement of Judgments in Civil or Commercial Matters) 2015.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Rules, which shall come into operation on the 30th day of December 2015, may be cited as the Circuit Court Rules (Jurisdiction and the Recognition and Enforcement of Judgments in Civil or Commercial Matters) 2015.
(2) These Rules shall be construed together with the Circuit Court Rules.
(3) The Circuit Court Rules as amended by these Rules may be cited as the Circuit Court Rules 2001 to 2015.
(4) Notwithstanding the commencement of these Rules, any application to the Circuit Court concerning:
(a) a judgment given in legal proceedings instituted in a Member State of the European Union (other than the State) before 10 January 2015;
(b) an authentic instrument formally drawn up or registered before 10 January 2015, or
(c) a court settlement approved or concluded before 10 January 2015,
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paragraphs: The “Interpretation of Terms” provisions of the Circuit Court Rules are amended:
(i) by the substitution therein for the definition of “domicile” at paragraph 9 of the following definition—
“9.“domicile” is to be determined in accordance with the provisions of Section 15 of the 1998 Act and Articles 52 and 53 of the 1968 Convention, or as the case may be, the provisions of Articles 62 and 63 of Regulation (EC) No 1215/2012 or the provisions of Articles 59 and 60 of the Lugano Convention.”;
(ii) by the substitution therein for the definition of “Council Regulation (EC) No 44/2001” at paragraph 25 of the following definition—
“25.“Regulation No. 1215/2012” means Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) (O.J. L. 351/1 of 20 December 2012)”.
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paragraphs: The Circuit Court Rules are amended:
(i) by the substitution for the title “Brussels Convention 1968” preceding paragraph (h) of Order 2 of the title “Cases to which the Brussels Convention, the Lugano Convention or Regulation No. 1215/2012 apply”;
(ii) by the substitution for paragraphs (j) to (k) of Order 2 of the following paragraphs:
“(j) Where jurisdiction depends on the domicile of a corporation or association, that jurisdiction shall in accordance with Article 63 of Regulation No. 1215/2012 be exercised by the Judge of the Circuit Court for the time being assigned to the Circuit where the corporation or association has its registered office (or where there is no registered office, place of formation) or central administration or principal place of business.
(k) Subject to Chapter II of Regulation No. 1215/2012 or, as the case may be, to Title II of the Lugano Convention, the jurisdiction of the Court in proceedings that may be instituted in the State in accordance with Article 4, 11(1)(a), 14, 18, 21(1)(a) or 22 or the proviso to Article 24(1) of Regulation No. 1215/2012 or, as the case may be, Article 2, 9 (1)(a), 12, 16, 19(1) or 20 or the proviso to Article 22(1) of the Lugano Convention, shall in accordance with Regulation 11(1) of the European Union (Civil and Commercial Judgments) Regulations 2015, be exercised by a judge of the Court for the time being assigned to the circuit where the defendant, or one of the defendants, ordinarily resides or carries on any profession, business or occupation.
(l) The jurisdiction of the Court relating to proceedings that may be instituted in the State in accordance with Article 11(1)(b) or 18 of Regulation No. 1215/2012 or, as the case may be, in accordance with Article 9(1)(b) or 16 of the Lugano Convention, by a plaintiff domiciled in the State shall in accordance with Regulation 11(3) of the European Union (Civil and Commercial Judgments) Regulations 2015 be exercised by a judge of the Court for the time being assigned to the circuit in which the plaintiff or one of the ordinarily resides or carries on any profession, business or occupation.
(m) The jurisdiction of the Court relating to proceedings that may be instituted in the State in accordance with Article 21(1)(b)(i) of Regulation No. 1215/2012, by a plaintiff domiciled in the State shall in accordance with Regulation 11(4) of the European Union (Civil and Commercial Judgments) Regulations 2015 be exercised by a judge of the Court for the time being assigned to the circuit in which the plaintiff or one of the plaintiffs ordinarily carries on or last carried on any profession, business or occupation.”;
(iii) by the substitution for rule 10 of Order 5 of the following rule:
“10.Where proceedings are commenced in the Court on the basis of jurisdiction derived from:
(i) Regulation No. 1215/2012, or
(ii) the Lugano Convention as applied by the 1998 Act, or
(iii) the 1968 Convention as applied by the 1998 Act, or
(iv) Regulation 2201/2003 or, as the case may be,
(v) the Maintenance Regulation
the Civil Bill shall:
(a) before issue be indorsed with a statement that the Court has power under:
(i) Regulation No. 1215/2012, or
(ii) the Lugano Convention as applied by the 1998 Act, or
(iii) the 1968 Convention as applied by the 1998 Act, or
(iv) Regulation 2201/2003 or, as the case may be,
(v) the Maintenance Regulation,
to hear and determine the action, cause or matter, and:
(I) specify the particular provision of Regulation No. 1215/2012, the Lugano Convention, Regulation 2201/2003 or, as the case may be, the Maintenance Regulation under which the Court has power to hear and determine the action, cause or matter, or
(II) specify the particular provision of the 1968 Convention under which the Court should assume jurisdiction;
(b) contain a statement that no proceedings between the parties concerning the same cause of action is pending between the parties in another Member State of the European Union or, as the case may be, Contracting State of the Convention concerned;
(c) contain a statement of the facts which are relied upon to show jurisdiction and venue;
(d) in proceedings referred to in Sections 3, 4 or 5 of Chapter II (Jurisdiction) of Regulation No. 1215/2012 where the policyholder, the insured, a beneficiary of the insurance contract, the injured party, the consumer or the employee is the defendant, the Civil Bill shall be endorsed before it is issued with a statement that:
(i) the defendant has a right to contest the jurisdiction of the Court and if he or she wishes to do so, he or she should enter an appearance to contest jurisdiction in accordance with Order 14, rule 5, and
(ii) if he or she enters an unconditional appearance, the Court has jurisdiction under Article 26.1 of Regulation No. 1215/2012, and
(iii) if he or she does not enter an appearance, judgment may be given in default against him or her.”, and