By: Ó, Benedict Floinn

ISBN: 9781780434650

Previous Edition ISBN: 9781847660589

To be Published: December 2022

Publisher: Bloomsbury Professional (Ireland)

Country of Publication: Ireland

Format: Hardback

Practice and Procedure in the Superior Courts comprises the fully consolidated and updated text of the rules that govern procedure in the Supreme Court, Court of Criminal Appeal, High Court and Central Criminal Court. It is essential for any litigation lawyer whose practice is based in any or all of those courts. These rules are set out in SI 15/1986, which has been extensively amended over the past 27 years.

Each rule is accompanied by user-friendly commentaries and details of the reported and unreported decisions of the courts in both Ireland and Northern Ireland, practice directions and legislative references. Detailed appendices set out the relevant forms, deeds etc. that are regularly required in Superior Court proceedings.

All rules have been updated to incorporate the changes brought be six years of amending statutory instruments. Key pieces of legislation that have had an impact on this third edition include:

Defamation Act 2009;

Land and Conveyancing Law Reform Act 2009;

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;

Personal Insolvency Act 2012.

Foreword to the First Edition

Preface

Acknowledgments

Contents

Table of Legislative References

Table of Cases

1. Commencement of Proceedings

1A. Procedure by Personal Injuries Summons

2. Procedure by Summary Summons

3. Procedure by Special Summons

4. Indorsement of Claim

5. Issue of Summonses and Petitions

6. Concurrent Summonses

7. Solicitors

8. Renewal of Summons

9. Service of Summons

10. Substituted Service

11. Service out of the Jurisdiction

11A Service out of the Jurisdiction under Council Regulation (EC) No.

44/2001 (Civil and Commercial Matters)

11B Service out of the Jurisdiction under the Jurisdiction of Courts and Enforcement of Judgements (European Communities) Act, 1998 (1968 and Lugano Conventions)

11C Service out of the Jurisdiction under Council Regulation (EC) No.

2201/2003 (Matrimonial Matters and Matters of Parental Responsibility)

11D Service of Documents outside of the Jurisdiction but within the EC (Regulation No.

1348/2000)

11E Service of Documents outside the Jurisdiction (Hague Convention)

12. Appearance

13. Default of Appearance

13A Default of Appearance under Regulation No.

44/2001, Regulation No.

2201/2003 and the Jurisdiction of Courts and Enforcement of Judgements Act 1998

14. Actions by and against Firms and Persons carrying on Business in Names other than their Own

15. Parties

16. Third Party Procedure

17. Change of Parties by Death, &c.

18. Joinder of Causes of Action

19. Pleading Generally

20. Statement of Claim

21. Defence and Counterclaim

22. Payment into and out of Court and Tender]Reply and Subsequent Pleadings

23. Reply and Subsequent Pleadings

24. Matters Arising Pending the Action

25. Trial of Point of Law

26. Discontinuance

27. Default of Pleading

28. Amendment

29. Security for Costs

30. Side-bar Orders

31. Interrogatories, Discovery and Inspection

32. Admissions

33. Issues, Accounts and Inquiries

34. Special Case

35. Issues of Fact without Pleadings

36. Trial

37. Hearing of Proceedings Commenced by Summary Summons

38. Hearing of Proceedings Commenced by Special Summons

39. Evidence

40. Affidavits

41. Motion for Judgment and Entry of Judgment

42. Execution

42A Protective Measures and Enforcement of Judgements, Authentic Instruments and Court Settlements under the Jurisdiction of Court and Enforcement of Judgments Act 1998, Council Regulation (EC) No.

44/2001 and Council Regulation (EC) No.

2201/2003

42B European Enforcement Orders

43. Orders of Fieri Facias and Sequestration

44. Attachment and Committal

45. Hearing, transfer and consolidation

46. Charging Orders and Stop Orders

47. Order of Possession

48. Order of Delivery

49. Hearing, Transfer and Consolidation

50. Interlocutory Orders

51. Sales by the Court

52. Motions and Other Applications

53. Solicitors and Registered Foreign Lawyers

54. Administration, Trusts and Mortgages

55. The Examiner

56. Arbitration

56A Arbitration (International Commercial) Act 1998

57. Interpleader

58. Appeals to the Supreme Court

59. Cases Stated for the Supreme Court

60. Right of Attorney General to Notice of Constitutional Issues

60A Right of Attorney General and Human Rights Commission to Notice of Proceedings involving Declaration of Incompatibility Issue

61. Appeals from the Circuit Court

62. Cases Stated for the High Court

63. The Master of the High Court

63A Commercial Proceedings

63B Competition Proceedings

64. Admiralty

65. Minors

66. Infants

67. Wards of Court (Other than Minors)

68. Revenue

69. Arrest of Defendant under the Debtors Act (Ireland), 1827

70. Matrimonial Causes and Matters

70A Family Law Proceedings

71. The Legitimacy Declaration Act (Ireland) 1868

72. The Settled Land Acts, 1882 to 1890

73. Payment into Court under the Trustee Act, 1893, and the Supreme Court of Judicature (Ireland) Act, 1877

74. Winding-Up of Companies

75. Procedure on Applications under the Companies Acts other than Those Relating to Winding-up

75A Proceedings under the Companies (Amendment) Act, 1990 (No.

27 of 1990)

75B Proceedings under the Companies Act, 1990 (No.

33 of 1990)

75C Investor Compensation Act

76. Bankruptcy

77. Funds in Court

78. Deposits of Powers of Attorney

79. The Probate Office

80. The District Probate Registries

81. The Bill of Sale (Ireland) Acts 1879 and 1883

82. Deeds of Arrangement

83. Construction of Written Instruments

84. Judicial Review and Orders affecting Personal Liberty

84A Review of the Award of Public Contracts

84B Procedure in Statutory Applications

84C Procedure in Statutory Appeals

85. Central Criminal Court

86. Court of Criminal Appeal

86A Courts Martial Appeal Court

87. Appeals to the Supreme Court from the Central Criminal Court

88. Insurance deposits

89. The Auctioneers and House Agents Acts, 1947-1973

90. The Social Welfare (Consolidation) Act, 1981

91. Road Traffic Acts 1961 to 1978

91A Taxi Regulation Act 2003

92. The Housing Act, 1966

93. The Fisheries (Consolidation) Act, 1959

94. Patents, Designs, Trade Marks and Copyright

95. Professional Disciplinary Bodies

96. The Registration of Title Act, 1964

97. Election Petitions

98. European Arrest Warrant Act 2003; Extradition Acts, 1965 to 2001

99. Costs

100. Registration of Business Names Act, 1963

101. Housing (Miscellaneous Provisions) Act, 1979

102. Transport (Tour Operators and Travel Agents) Act, 1982

102A Aviation Regulation Act, 2001

103. Local Government (Planning and Development) Act, 1976

103A Air Pollution Act, 1987

104. Consumer Information Act, 1978

105. Appeals from the Employment Appeals Tribunal

105A Appeals from the Hepatitis C Compensation Tribunal

106. Proceedings under the Employment Equality Acts, 1998 and 2004

107. The Trade Union Act, 1971

108. Local Government (Water Pollution) Act, 1977

109. Industrial and Provident Societies (Amendment) Act, 1978

110. Malicious Injuries Act, 1981

111. Air Navigation (Eurocontrol) Acts, 1963 to 1983

112. Appeals under the Housing (Private Rented Dwellings) (Amendment) Act, 1983

113. The Life Assurance Companies (Payment into Court) Act, 1896

113A Appeals under the European Communities (General System for Recognition of Higher Education Diplomas) Regulations, 1991 and under the European Communities (Second General System for the Recognition of Professional Education and Training) Regulations, 1996

114. Officers

115. Orders of the Court

116. Seals

117. Paper, Printing and Copies of Documents

118. Sittings and Vacations

119. Mode of Address of Judges; Robes of Bench and Bar

120. Interpreters and Translators

121. Service of Documents

121A Service of Foreign Process (EU save the Kingdom of Denmark - Regulation No.

1348/2000)

121B Service of Foreign Process (Denmark and Outside the EU)

122. Time

123. Shorthand Reporting

124. Effect of Non-Compliance

125. Interpretations and forms

126. General

127. Notaries

128. Transfer of Sentenced Persons Act 1995; Transfer of Execution of Sentences Act 2005

129. Powers of Attorney Act, 1996

130. Freedom of Information Act, 1997

131. Committees of the Houses of the Oireachtas

132. Applications pursuant to Article 28.4.3° of the Constitution

133. Child Abduction and Enforcement of Custody Orders

134. Commissions to Inquire into Child Abuse

135. Commissions of Investigation Act 2004

136.Proceeds of Crime and Financing of Terrorism

137. Mental Health Act 2001