STATUTORY INSTRUMENTS.

S.I. No. 882 of 2004 .

CIRCUIT COURT RULES (JURISDICTION AND THE RECOGNITION AND ENFORCEMENT OF JUDGMENTS IN CIVIL OR COMMERCIAL MATTERS), 2004

S.I. No. 882 of 2004 .

CIRCUIT COURT RULES (JURISDICTION AND THE RECOGNITION AND ENFORCEMENT OF JUDGMENTS IN CIVIL OR COMMERCIAL MATTERS), 2004

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of section 69 of the Courts of Justice Act, 1936 , and section 12 of the Courts of Justice Act, 1947 , by virtue of the powers conferred on us by section 66 of the Courts of Justice Act, 1924 , and section 70 of the Courts of Justice Act, 1936 , (as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 ) and section 27 of the Courts (Supplemental Provisions) Act, 1961 , and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the annexed Rules of Court.

Dated this 8th day of September, 2003.

(Signed): Esmond Smyth

(Chairman of the Circuit Court Rules Committee)

Carroll Moran

Elizabeth Dunne

Patrick Hunt

Fergal Foley

Edmund Carroll

Joe Deane

Gerard Doherty

Noel Rubotham

Susan Ryan (Secretary)

I concur in the making of the above Rules of Court.

Dated this 23rd day of December, 2004.

Signed: MICHAEL McDOWELL

Minister for Justice Equality and Law Reform

S.I. No. 882 of 2004

CIRCUIT COURT RULES (JURISDICTION AND THE RECOGNITION AND ENFORCEMENT OF JUDGMENTS IN CIVIL OR COMMERCIAL MATTERS) 2004.

1. These Rules, which may be cited as the Circuit Court Rules (Jurisdiction and the recognition and enforcement of Judgments in Civil or Commercial Matters), 2004 shall come into operation on the 23rd day of December, 2004.

2. The Order referred to in these rules shall be added to and construed together with those Orders contained in the Circuit Court Rules, 2001, as amended.

ORDER 2A

Rule One

1. The Interpretation of Terms provisions in the Circuit Court Rules, 2001 shall be amended by the insertion of

“24. “Council Regulation (EC) No. 44/2001” means Council Regulation (EC) No. 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.”

Rule Two

2. Order 2(h) and (i) shall cease to apply save in relation to the Kingdom of Denmark and the following provisions shall be inserted which shall apply to all other Member States of the European Community:

Order 2(j) Subject to chapter 11 of Council Regulation (EC) No. 44/2001, the jurisdiction of the Court in proceedings that may be instituted in the State by virtue of Article 2, 9(1)(a), 12, 16, 19(1) or 20 or the proviso to Article 22(1) of that Regulation shall be exercised by a judge of the Court for the time being assigned to the circuit where the defendant, or one of the defendants, ordinarily resides or carries on any profession, business or occupation.

Order 2(k) The jurisdiction of the Circuit Court relating to proceedings that may be instituted in the State by virtue of Article 9(1)(b) or 16 of Council Regulation (EC) No. 44/2001 by a plaintiff domiciled in the State may be exercised by a judge for the time being assigned to the circuit in which the plaintiff or one of the plaintiffs ordinarily resides or carries on any profession, business or occupation.

Rule Three

3. Order 5 rule 10 shall have inserted after the words “the 1968 Convention” the following words:

“or from Council Regulation (EC) No. 44/2001” and the following shall be inserted at the end of paragraph (a) thereof, following the words “should assume jurisdiction”:

“or with a statement that the Court has power under Council Regulation (EC) No. 44/2001 to hear and determine the action, cause or matter, and specify the particular provision or provisions of the said Regulation under which the Court should assume jurisdiction”.

Rule Four

4. The following additions shall be inserted in Order 14:

(a)  The title to Order 14 shall be amended by the addition after the words “Jurisdiction of Courts and Enforcement of Judgements (EC) Act, 1998” of the following words “or Council Regulation (EC) No. 44/2001”.

(b)  Rule 1 (i) shall be amended by the addition after the words “by virtue of the 1998 Act” of the following words “or Council Regulation (EC) No. 44/2001”.

(c)  Rule 1 (iii)(b) shall be amended by the addition after the words “Article 16 of the 1968 Convention” of the following words “or Article 22 of Council Regulation (EC) No. 44/2001”.

(d)   Rule 1 (iii)(c) shall be amended by the addition after the words “Article 17 of the 1968 Convention” of the following words “or Article 23 of Council Regulation (EC) No 44/2001”.

(e)  Rule 5(i) shall be amended by the addition after the words “under the provisions of the 1968 Convention” of the following words “or Council Regulation (EC) No. 44/2001”.

(f)  Rule 5(ii) shall be amended by the addition after the words “under the provisions of the 1968 Convention” of the following words “or Council Regulation (EC) No. 44/2001” and after the words “Article 18 of the Convention” of the following words “or Article 24 of Council Regulation (EC) No. 44/2001”.

ORDER 61A

Rule One

1. Order 61 of these rules shall likewise apply to the provision of documentation pursuant to Article 54 of Council Regulation (EC) No. 44/2001 or pursuant to Article 33 of Council Regulation (EC) No. 1347 of 2000 and an application for such documentation shall be made in like manner as an application under Order 61 rule 2 of these Rules save that the Affidavit grounding the application shall state the particular provision or provisions of the Regulations aforementioned by which the Court assumed jurisdiction as well as the other details required in (a), (b), (d), (e), (f) and (g) of rule 2 of Order 61.

Rule Two

2. The certificate provided pursuant to Article 54 of Council Regulation (EC) No. 44/2001 or Article 33 of Council Regulation (EC) No. 1347/2000 shall be in accordance with Forms 40A and 40B in the Schedule of Forms and shall be signed by the County Registrar and shall be authenticated by the seal of the Court and have annexed to it a certified true copy of the Civil Bill or other originating document by which the proceedings were commenced.

Rule Three

3. In the case of a judgment in default of appearance, the Affidavit grounding the application under rule 1 hereof shall, in addition, for the purpose of applying for a document certified under Article 54 or Article 33 aforementioned, exhibit a certified true copy of the affidavit or document, with any exhibit thereto, which establishes that notice of the institution of proceedings was served on the person in default and the County Registrar shall certify that the said document is a true copy of the document relied upon by the Courts on giving judgment.

FORM 40A

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

IN THE MATTER OF ARTICLE 54 OF COUNCIL REGULATION (EC) NO. 44/2001.

CERTIFICATE PURSUANT TO ARTICLE 54 OF COUNCIL REGULATION (EC) NO.44/2001

IT IS HEREBY CERTIFIED that the Order/Decree/ Written Judgment, a copy of which is annexed hereto at Annex “A”, was made by this Honourable Court on the          day of              which said Order/Decree/ Written Judgment has been authenticated by the Seal of the Court and signed by me on the              day of

IT IS FURTHERMORE HEREBY CERTIFIED that a certified copy of a Civil Bill or other originating document by which the proceedings were commenced is annexed hereto at Annex “B”.

Dated this            day of

Seal of the Court

Signed:................................

County Registrar

FORM 40B

AN CHÚIRT TEAGHLAIGH CHUARDA

THE CIRCUIT FAMILY COURT

IN THE MATTER OF ARTICLE 33 OF COUNCIL REGULATION (EC) NO. 1347/2000.

CERTIFICATE PURSUANT TO ARTICLE 33 OF COUNCIL REGULATION (EC) NO. 1347/2000.

IT IS HEREBY CERTIFIED that the Order/Decree/ Written Judgment, a copy of which is annexed hereto at Annex “A”, was made by this Honourable Court on the      day of        which said Order/Decree/Written Judgement has been authenticated by the Seal of the Court and signed by me on the      day of

IT IS FURTHERMORE HEREBY CERTIFIED that a certified copy of the Civil Bill or other originating document by which the proceedings were commenced is annexed hereto at Annex “B”.

Dated this            day of

Seal of the Court

Signed:............................

County Registrar

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Rules prescribe Circuit Court procedures in respect of Council Regulation (EC) No. 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of Judgments in Civil or Commercial matters and to provide for the provision of documentation pursuant to Article 54 of Council Regulation (EC) No. 44/2001 and Article 33 of Council Regulation (EC) No. 1347/2000.