Superior Court Rules

ORDER 137

MENTAL HEALTH ACT, 2001

1. An application to the court pursuant to section 73 of the Mental Health Act, 2001 for leave to institute civil proceedings in respect of any act purporting to have been done in pursuance of the said Act shall be by way of originating notice of motion entitled:

‘THE HIGH COURT

In the matter of section 73 of the Mental Health Act, 2001

And in the matter of intended proceedings’.

[SI 597/06]

2. Such motion shall be grounded upon an affidavit sworn by or on behalf of the person by or on whose behalf it is intended to institute such civil proceedings. The affidavit shall specify the act complained of purporting to have been done in pursuance of the said Act of 2001, and shall specify any wrong alleged and the remedy sought in the proposed proceedings (or shall exhibit a draft of the document proposed to be used to initiate such proceedings). Such notice of motion and copy of such affidavit shall be served upon the person against whom it is proposed to institute the civil proceedings in question and such person may deliver a replying affidavit within such time as the court may allow.

[SI 597/06]

3. Where leave to institute civil proceedings is granted on an application under rule 1, there shall be served with the originating summons or other originating document, an attested copy of the order granting leave.

[SI 597/06]

4. Where a person who has been served with an originating summons or other originating document instituting civil proceedings against him in the court alleges that the institution of such proceedings required the leave of the court under section 73 of the Act of 2001 and that such leave was not obtained, that person may:

(a) indorse upon any memorandum of appearance required by Order 12 to be delivered a statement that such appearance is entered solely for the purpose of contesting the right of the plaintiff or person instituting the said proceedings to institute same without the leave of the court under section 73 of the Act of 2001, and

(b) as soon as practicable thereafter, apply in the proceedings on notice to the plaintiff for an order striking out such proceedings for want of leave.

[SI 597/06]

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