Circuit Court Rules

ORDER 26

JUDGMENT BY DEFAULT IN CASES OF LIQUIDATED DEMANDS AND CLAIMS FOR DELIVERY OF GOODS AND CHATTELS

1. Where the plaintiffs claim in a civil bill is for a debt, or liquidated demand, or for the delivery of specific goods or chattels, and a defendant has not entered an appearance within time limited in the civil bill, or, having entered an appearance, has not delivered a defence within the time limited by these Rules, the plaintiff may, in default of such appearance or defence, as the case may be, apply in the office for judgment to be entered against such defendant. In any such cases in which the defendant shall, after action brought, have satisfied the plaintiff’s claim (save as to costs), the plaintiff may apply in the office for judgment for the costs applicable to the plaintiff’s claim. The application for such judgment shall be supported by the documents mentioned in rules 2 and 3 of this Order with such alterations and additions thereto as may be appropriate and shall be in accordance with Forms 9 and 10 of the Schedule of Forms annexed hereto.

2. An application under the provisions of rule 1 of this Order shall be supported by —

(a) the sealed civil bill with endorsement of service thereon in accordance with these Rules;

(b) an affidavit or statutory declaration of service of the civil bill, or of service of notice thereof, as the case may be; and

(c) if the application be for judgment in default of appearance, a certificate by the County Registrar that no appearance has been entered, or if the application be for judgment in default of defence, an affidavit by the plaintiff or solicitor for the plaintiff verifying that an appearance has been entered but that a defence has not been delivered.

(d) an affidavit verifying the plaintiff’s claim made by the plaintiff, or by some other person on his behalf who can swear positively to the facts; and

(e) a certificate by the plaintiff where he sues in person, or, where he does not, then by his solicitor, specifying the amount then actually due, or certifying that the goods or chattels in respect of which the judgment is sought are still withheld by the defendant as the case may be, and, in the case of judgment in default of defence, that no defence has been served.

3. Where the claim is by the Minister of a Government Department, or the Commissioners of Public Works, the same may be verified, and the sum then actually due, or the fact that the goods are still withheld, as the case may be, may be proved by any certificate under seal which is by statute made evidence of the matters therein certified instead of by affidavit as is provided in the last preceding rule.

[SI 312/07]

4. The affidavit verifying the plaintiff’s claim specified in rule 2(d) shall be sworn, and the certificate specified in rule 2(e) shall be given, within the period of 28 days next preceding the date of the application for judgment, otherwise same shall not be sufficient.

5. On lodgment in the office of the documents specified in rules 2 and 3, together with a duly stamped request for judgment in accordance with the appropriate form in the Schedule of Forms, judgment may be entered in the office for the sum so certified to be then actually due, or for the amount claimed in the civil bill, whichever be the less, or for the delivery of the goods or chattels, as the case may be, together with costs according to the appropriate scale. Where the claim has been satisfied (save as to costs), judgment may be entered in the office for costs only.

6. Where there are two or more defendants, and any one has made default in entering an appearance, or delivering a defence, as the case may be, the plaintiff may, in accordance with the provisions of this Order, have judgment against such defendant entered in the office, and may issue execution against such defendant without prejudice to his right to proceed with the action against any other defendant who may have entered an appearance or delivered a defence, as the case may be.

7. Reasonable costs as determined by the court or the County Registrar shall be allowed in cases of judgment by default.

8. No judgment may be entered under this Order against any party who has been served with a civil bill outside the State under Order 13.

9. Every affidavit used for the purpose of grounding an application for judgment in default under Order 26 shall contain averments as to whether value added tax is payable by the claimant on his legal costs and, if so, whether the sum so payable is recoverable by him from the Revenue Commissioners.

Subscribe to our newsletter

Please enable the javascript to submit this form

Contact

Lonsdale Law Publishing

Lonsdale House

Avoca Avenue

Blackrock

Co. Dublin

 

Office Open: Monday – Friday | 9 a.m. – 5.30 p.m. (Irish time) | Tel: +353 (0)1 278 5090 | E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.