Circuit Court Rules

ORDER 2

VENUE

Save when the High Court, or the court, otherwise orders, all actions, causes or matters, whether transferred from the High Court, or originated in the court, shall be tried and heard —

(a) those relating to title to land and rectification of the Register, in the county in which the lands are situate, or where are situate the lands out of which, or in respect of which, any incorporeal hereditaments in dispute issue or arise, or where the larger portion of any such lands may be situate;

(b) those of the nature heretofore assigned to the equity side of the County Court, in the county where suits and matters of that kind have been heretofore heard by that court;

(c) under the probate jurisdiction and for the administration of estates of deceased persons, in the county where the testator or intestate at the time of his death ordinarily resided;

(d) under the lunacy jurisdiction, in the county where the person of, or alleged to be of, unsound mind ordinarily resides;

(e) at the election of the plaintiff, in any action founded on contract (whether the claim be to enforce, rescind, dissolve or annul the contract, or for damages or other relief for the breach thereof), in the county where the defendant, or any one of the defendants, ordinarily resides or carries on any profession, business or occupation or in the county within which the contract was made;

(f) at the election of the plaintiff, in any action founded on tort, in the county where the defendant, or any one of the defendants, ordinarily resides or carries on any profession, business or occupation, or in the county wherein the tort is alleged to have been committed;

(g) in all other cases (subject to the provisions of these Rules relating to matrimonial cases and cases concerning children and cases concerning domestic violence), in the county where the defendant, or any one of the defendants, ordinarily resides or carries on any profession, business or occupation.

(h) Subject to Title II of the 1968 Convention, the jurisdiction of the court respecting proceedings that may be instituted in the State by virtue of Article 2, 8.1, 11, 14 or 16(1)(b) of that Convention shall be exercised by the 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;

(i) The jurisdiction of the Circuit Court relating to proceedings that may be instituted in the State by virtue of Article 8.2 or Article 14 of the 1968 Convention by a plaintiff domiciled in the State may be exercised by the Judge of the Circuit Court for the time being assigned to the circuit where the plaintiff or one of the plaintiffs ordinarily resides or carries on any profession, business or occupation;

(j) Subject to Chapter II of Council Regulation (EC) No 44/2001 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 by virtue of Article 2, 9(1)(a), 12, 16, 19(1) or 20 or the proviso to Article 22(1) of Council Regulation (EC) No 44/2001 or, as the case may be, of the Lugano Convention, shall 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.

[SI 597/14]

(k) The jurisdiction of the Court relating to proceedings that may be instituted in the State by virtue of Article 9(1)(b) or 16 of Council Regulation (EC) No 44/2001 or, as the case may be, of the Lugano Convention, by a plaintiff domiciled in the State may 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 resides or carries on any profession, business or occupation.

[SI 597/14]

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