Superior Court Rules

ORDER 11A

SERVICE OUT OF THE JURISDICTION UNDER REGULATION (EC) NO 1215/2012 OR THE LUGANO CONVENTION (CIVIL AND COMMERCIAL MATTERS)

1. The provisions of this Order only apply to proceedings which are governed by Article 1 of Regulation No 1215/2012 or by Article 1 of the Lugano Convention and, so far as practicable and applicable, to any order, motion or notice in any such proceedings.

2. Service of an originating summons or notice of an originating summons out of the jurisdiction is permissible without the leave of the Court if, but only if, it complies with the following conditions:

(a) in the case of proceedings which are governed by Article 1 of Regulation No 1215/2012—

(1) the claim made by the summons or other originating document is one which, by virtue of Regulation No 1215/2012, the Court has power to hear and determine, and

(2) no proceedings between the parties concerning the same cause of action are pending between the parties in another Member State of the European Union, or

(b) in the case of proceedings which are governed by Article 1 of the 2007 Lugano Convention—

(1) the claim made by the summons or other originating document is one which, by virtue of the Lugano Convention and the 1998 Act, the Court has power to hear and determine, and

(2) no proceedings between the parties concerning the same cause of action are pending between the parties in another Contracting State of the Lugano Convention.

3. Where an originating summons or notice of an originating summons is to be served out of the jurisdiction under rule 2, the time to be inserted in the summons within which the defendant served therewith shall enter an appearance (including an appearance entered solely to contest jurisdiction by virtue of Article 26(1) of Regulation No 1215/2012 or Article 24 of the Lugano Convention) shall be:

(1) five weeks after the service of the summons or notice of summons exclusive of the day of service where an originating summons or notice of an originating summons is to be served in the European territory of another Member State of the European Union or of another Contracting State of the Lugano Convention, or

(2) six weeks after the service of the summons or notice of summons exclusive of the day of service where an originating summons or notice of an originating summons is to be served in any non-European territory of another Member State of the European Union or of another Contracting State of the Lugano Convention.

4. (1) Where two or more defendants are parties to proceedings to which the provisions of this Order apply, but not every such co-defendant is domiciled in:

(i) a Member State of the European Union, or

(ii) a Contracting State of the Lugano Convention,

for the purposes of Regulation No 1215/2012, the Lugano Convention or the 1998 Act, then the provisions of Order 11 requiring leave to serve out of the jurisdiction shall apply to each and every such co-defendant.

(2) This rule shall not apply to proceedings to which the provisions of Article 24 of Regulation No 1215/2012 or Article 22 of the Lugano Convention concerning exclusive jurisdiction, or Article 25 of Regulation No 1215/2012 or Article 23 of the Lugano Convention concerning prorogation of jurisdiction, apply. Service of such proceedings on all co-defendants shall be governed by the provisions of this Order.

5. (1) Subject to the provisions of Regulation No 1215/2012 or, as the case may be, of the Lugano Convention, where the parties to any contract have agreed without conferring jurisdiction for the purpose of Article 25 of Regulation No 1215/2012 or Article 23 of the Lugano Convention, that service of any summons in any proceedings relating to such contract may be effected at any place within or without the jurisdiction on any party or on any person on behalf of any party or in any manner specified or indicated in such contract, then, in any such case, notwithstanding anything contained in these Rules, service of any such summons at the place (if any) or on the party or on the person (if any) or in the manner (if any) specified or indicated in the contract shall be deemed to be good and effective service wherever the parties are resident. If no place, or mode, or person be so specified or indicated, service shall be effected in accordance with these Rules.

(2) Where a contract contains an agreement conferring jurisdiction to which the provisions of Article 25 of Regulation No 1215/2012 or Article 23 of the Lugano Convention concerning prorogation of jurisdiction apply and the originating summons is issued for service out of the jurisdiction without leave under rule 2 and is duly served in accordance with these Rules, the summons or notice of summons shall be deemed to have been duly served on the defendant.

6. Where the defendant is not, or is not known or believed to be, a citizen of Ireland, notice of summons and not the summons itself shall be served upon him.

7. Subject to the provisions of this Order, notice in lieu of summons shall be given in the manner in which summonses are served.

8. Where a defendant wishes to enter an appearance to contest the jurisdiction of the Court for the purposes of Article 26(1) of Regulation No 1215/2012 or Article 24 of the Lugano Convention, he may do so by entering an appearance in Form No 6 in Appendix A, Part II.

9. While any amendments to the Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters annexed to Council Decision No 2005/790/EC of 20 September 2005 (OJ L 299/61 of 16 November 2005) signed at Brussels on 19 October 2005 and approved on behalf of the Community by Council Decision No 2006/325/EC of 27 April 2006 (OJ L 120/22 of 5 May 2006) which have the effect of applying the provisions of Regulation No 1215/2012 to the Kingdom of Denmark are for the time being in force, notwithstanding any other provision of these Rules to the contrary, the provisions of these Rules which relate to Regulation No. 1215/2012 shall apply in relation to the Kingdom of Denmark, to the extent permitted, and subject to any modifications made necessary, by that Agreement, and the provisions of these Rules which relate to the 1968 Convention shall not apply. While at any time such amendments to the said Agreement are not in force, Order 11B shall apply in relation to proceedings involving a defendant domiciled in the Kingdom of Denmark.

10. For the purpose of this Order:

“domicile” is to be determined in accordance with the provisions of Articles 62 and 63 of Regulation No 1215/2012 or, as the case may be, of Articles 59 and 60 of the Lugano Convention;

“summons” includes, where the context so admits or requires, any other originating document.

[SI 9/16]

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