Superior Court Rules

ORDER 2

PROCEDURE BY SUMMARY SUMMONS

1. Procedure by summary summons may be adopted in the following classes of claims:

(1) In all actions, save an application for a European order for payment under Order 42C, where the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising:

(a) upon a contract express or implied (as, for instance, on a bill of exchange, promissory note, or cheque, or other simple contract debt); or

(b) on a bond or contract under seal for payment of a liquidated amount of money; or

(c) on a statute where the sum sought to be recovered is a fixed sum of money or in the nature of a debt other than a penalty; or

(d) on a guarantee, whether under seal or not, where the claim against the principal is in respect of a debt or liquidated demand only; or

(e) on a trust.

[SI 551/08]

(2) In actions where a landlord seeks to recover possession of land, with or without a claim for rent or mesne profits:

(a) against a tenant whose term has expired or has been duly determined by notice to quit; or

(b) for non-payment of rent.

(3) Claims in which the plaintiff in the first instance desires to have an account taken.

2. Procedure by summary summons may be adopted by consent of all parties in the case of a claim not coming within any of the classes in rule 1.

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