Circuit Court Rules

ORDER 27

JUDGMENT BY DEFAULT IN CASES NOT COMING WITHIN THE PRECEDING ORDER

1. (i) In any case in which the plaintiff is not entitled under the provisions of the preceding order to apply for judgment, and a defendant has made default in entering an appearance or delivering a defence, as the case may be, the plaintiff may, at any time after such default, on notice to be served on such defendant not less than four clear days before the hearing, apply to the court for judgment which said applications shall be made by way of motion on notice in accordance with the Form 9A or 10A of the Schedule of Forms, as appropriate, grounded upon an affidavit.

(ii) No notice of motion for judgment in default of appearance or defence may be served unless the plaintiff has at least 14 days prior to the service of such notice written to the defendant giving him notice of his intention to serve a notice of motion for judgment and at the same time consenting to the late entry of an appearance or late delivery of a defence within 14 days from the date of the letter.

[SI 312/07]

(iii) If no defence is delivered within the said period the plaintiff shall be at liberty to serve a notice of motion for judgment in default of defence which shall be returnable to a date not less than 14 clear days from the date of the service of the notice, such notice of motion to be filed not later than six days before the return date.

(iv) If, not later than seven days after the service of such notice of motion for judgment, the defendant delivers a defence to the plaintiff and not less than six days before the return date lodges a copy thereof in the office of the County Registrar with a certified copy of the notice of motion attached thereto, the said motion for judgment shall not be put in the Judge’s list but shall stand struck out and the defendant shall pay to the plaintiff the such sum in respect of his costs of the said motion for judgment as may be determined by the County Registrar from time to time.

(v) If, in any case the plaintiff can establish special reasons for making it necessary to serve a notice of motion for judgment in default of defence in the cases provided for by this rule with greater urgency than in accordance with the provisions hereinbefore contained, he may apply ex parte to the court for an order giving him liberty to serve a notice of motion for judgment in default of defence giving not less than four clear days’ notice to the defendant, or in the alternative the Judge may deem good the service of a notice of motion giving not less than four clear days’ notice to the defendant.

2. Upon the hearing of such application the Judge may, on proof of such default as aforesaid, and upon hearing such evidence, oral or otherwise, as may be adduced, give judgment upon the plaintiff’s claim endorsed upon the civil bill, or may give leave to the defendant to defend the whole or part of the claim upon such terms as he may consider just.

3. Upon the hearing of an application for judgment under this Order the Judge or County Registrar may make such order as to costs as he may consider just.

4. (a) Where an application is brought under this order for judgment in default of appearance or defence against a party who has been served with a civil bill or originating document outside the State under the provisions of Order 14, such application shall be supported by an affidavit stating that in the deponent’s belief —

(i) each claim made is one which by virtue of the 1998 Act or as the case may be, Council Regulation No 44/2001, the court has power to hear and determine;

(ii) the courts of no other State have exclusive jurisdiction within the meaning of the 1968 Convention Act or Council Regulation No 44/2001, to hear and determine such claim;

(iii) the defendant or respondent has been served with or has otherwise been able to receive a civil bill or originating document or notice thereof in sufficient time to enable him to arrange his defence, or that all necessary steps have been taken to that end, as required by Article 20 of the 1968 Convention Act or as the case may be, by Article 26 of Council Regulation No 44/2001.

[SI 312/07]

(b) Notice of the said application, together with a copy of the affidavit grounding the same, shall be served on the defendant not less than 10 days before the hearing of the same.

5. Every affidavit used for the purpose of grounding an application for judgment in default under Order 27 shall contain averments as 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.

6. Where any respondent in proceedings commenced by originating notice of motion pursuant to Order 64B or Order 64C fails to enter an Appearance to the originating notice of motion (or, having failed to enter an Appearance, has not been heard by leave of the court in accordance with Order 15, rule 7A), the court may, on the hearing of the motion, if satisfied as to the service of notice of the motion on that respondent, grant against that respondent such of the reliefs sought in the originating notice of motion against that respondent as seem just and proper. The other provisions of this Order shall not apply to such proceedings.

[SI 470/09]

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