Superior Court Rules

ORDER 13A

DEFAULT OF APPEARANCE UNDER REGULATION NO 1215/2012, REGULATION NO 2201/2003, THE LUGANO CONVENTION AND THE JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS ACT, 1998

1. Where an originating summons has been issued out of the jurisdiction under Order 11A, rule 2, Order 11B, rule 2 or Order 11C, rule 2, the plaintiff shall not be entitled to enter judgment except with leave of the Court.

2. An application for leave to enter judgment shall be made on notice and shall be supported by an affidavit stating that in the deponent’s belief:

(1) each claim made by the summons is one which by virtue of Regulation No 1215/2012, Regulation No 2201/2003, the Lugano Convention or the 1998 Act (as the case may be) the Court has power to hear and determine, and

(2) no other Court has exclusive jurisdiction within the meaning of Article 24 of Regulation No. 1215/2012 or Article 22 of the Lugano Convention or Article 16 of the 1968 Convention (as the case may be) to hear and determine such claim, and

(3) where the summons or notice of the summons was served out of the juris- diction under Order 11A, rule 2, Order 11B, rule 2 or Order 11C, rule 2, such service has taken place in due and proper form,

and giving in each case the source of grounds of such belief.

3. In the case of default of appearance by any defendant to an originating summons, the plaintiff shall:

(1) in the case of a plenary summons, (other than a personal injuries summons as defined in Order 1A), deliver a statement of claim by filing the same in the Central Office; or,

(2) in the case of a special summons file a grounding affidavit in the Central Office; or,

(3) in the case of a personal injuries summons, a summary summons or any other originating document, file an affidavit in the Central Office verifying the facts relied upon,

and thereupon may apply to court for a judgment in default of appearance.

4. Subject to the provisions of this Order, Order 13 shall, so far as practicable, apply to applications under this Order for leave to enter a judgment.

5. For the purpose of this Order, “summons” includes, where the context so admits or requires, any other originating document.

[SI 9/16]

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.