Practice and Procedure in the Superior Courts

By: Benedict Ó Floinn SC
ISBN: 9781780434650

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About Practice and Procedure in the Superior Courts

This hugely popular title from one of Ireland’s leading barristers is now completely rewritten and fully updated. Anybody dealing with the High or Supreme Courts of Ireland will find this accessible book truly indispensable. Practice and Procedure in the Superior Courts, 3rd edition comprises the fully consolidated and updated text of the rules that govern procedure in the Supreme Court, Court of Criminal Appeal, High Court and Central Criminal Court... Read more

About Practice and Procedure in the Superior Courts

This hugely popular title from one of Ireland’s leading barristers is now completely rewritten and fully updated. Anybody dealing with the High or Supreme Courts of Ireland will find this accessible book truly indispensable.

Practice and Procedure in the Superior Courts
, 3rd edition comprises the fully consolidated and updated text of the rules that govern procedure in the Supreme Court, Court of Criminal Appeal, High Court and Central Criminal Court in Ireland. It is essential for any litigation lawyer whose practice is based in any or all of those courts. These rules are set out in SI 15/1986, which has been extensively amended over the past 27 years.

Each rule is accompanied by user-friendly commentaries and details of the reported and unreported decisions of the courts in both Ireland and Northern Ireland, practice directions and legislative references. Detailed appendices set out the relevant forms, deeds etc. that are regularly required in Superior Court proceedings.

All rules have been updated to incorporate the changes brought be six years of amending statutory instruments. Key pieces of legislation that have had an impact on this third edition include:
– Defamation Act 2009;
– Land and Conveyancing Law Reform Act 2009;
– Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;
– Personal Insolvency Act 2012;
– Companies Act 2014;
– Court of Appeal Act 2017.

Table of Contents

Foreword to the First Edition
Preface
Acknowledgments
Contents
Table of Legislative References
Table of Cases
1. Commencement of Proceedings
1A. Procedure by Personal Injuries Summons
2. Procedure by Summary Summons
3. Procedure by Special Summons
4. Indorsement of Claim
5. Issue of Summonses and Petitions
6. Concurrent Summonses
7. Solicitors
8. Renewal of Summons
9. Service of Summons
10. Substituted Service
11. Service out of the Jurisdiction
11A Service out of the Jurisdiction under Council Regulation (EC) No. 44/2001 (Civil and Commercial Matters)
11B Service out of the Jurisdiction under the Jurisdiction of Courts and Enforcement of Judgements (European Communities) Act, 1998 (1968 and Lugano Conventions)
11C Service out of the Jurisdiction under Council Regulation (EC) No. 2201/2003 (Matrimonial Matters and Matters of Parental Responsibility)
11D Service of Documents outside of the Jurisdiction but within the EC (Regulation No. 1348/2000)
11E Service of Documents outside the Jurisdiction (Hague Convention)
12. Appearance
13. Default of Appearance
13A Default of Appearance under Regulation No. 44/2001, Regulation No. 2201/2003 and the Jurisdiction of Courts and Enforcement of Judgements Act 1998
14. Actions by and against Firms and Persons carrying on Business in Names other than their Own
15. Parties
16. Third Party Procedure
17. Change of Parties by Death, &c.
18. Joinder of Causes of Action
19. Pleading Generally
20. Statement of Claim
21. Defence and Counterclaim
22. Payment into and out of Court and Tender]Reply and Subsequent Pleadings
23. Reply and Subsequent Pleadings
24. Matters Arising Pending the Action
25. Trial of Point of Law
26. Discontinuance
27. Default of Pleading
28. Amendment
29. Security for Costs
30. Side-bar Orders
31. Interrogatories, Discovery and Inspection
32. Admissions
33. Issues, Accounts and Inquiries
34. Special Case
35. Issues of Fact without Pleadings
36. Trial
37. Hearing of Proceedings Commenced by Summary Summons
38. Hearing of Proceedings Commenced by Special Summons
39. Evidence
40. Affidavits
41. Motion for Judgment and Entry of Judgment
42. Execution
42A Protective Measures and Enforcement of Judgements, Authentic Instruments and Court Settlements under the Jurisdiction of Court and Enforcement of Judgments Act 1998, Council Regulation (EC) No. 44/2001 and COuncil Regulation (EC) No. 2201/2003
42B European Enforcement Orders
43. Orders of Fieri Facias and Sequestration
44. Attachment and Committal
45. Hearing, transfer and consolidation
46. Charging Orders and Stop Orders
47. Order of Possession
48. Order of Delivery
49. Hearing, Transfer and Consolidation
50. Interlocutory Orders
51. Sales by the Court
52. Motions and Other Applications
53. Solicitors and Registered Foreign Lawyers
54. Administration, Trusts and Mortgages
55. The Examiner
56. Arbitration
56A Arbitration (International Commercial) Act 1998
57. Interpleader
58. Appeals to the Supreme Court
59. Cases Stated for the Supreme Court
60. Right of Attorney General to Notice of Constitutional Issues
60A Right of Attorney General and Human Rights Commission to Notice of Proceedings involving Declaration of Incompatibility Issue
61. Appeals from the Circuit Court
62. Cases Stated for the High Court
63. The Master of the High Court
63A Commercial Proceedings
63B Competition Proceedings
64. Admiralty
65. Minors
66. Infants
67. Wards of Court (Other than Minors)
68. Revenue
69. Arrest of Defendant under the Debtors Act (Ireland), 1827
70. Matrimonial Causes and Matters
70A Family Law Proceedings
71. The Legitimacy Declaration Act (Ireland) 1868
72. The Settled Land Acts, 1882 to 1890
73. Payment into Court under the Trustee Act, 1893, and the Supreme Court of Judicature (Ireland) Act, 1877
74. Winding-Up of Companies
75. Procedure on Applications under the Companies Acts other than Those Relating to Winding-up
75A Proceedings under the Companies (Amendment) Act, 1990 (No. 27 of 1990)
75B Proceedings under the Companies Act, 1990 (No. 33 of 1990)
75C INvestor Compensation Act
76. Bankruptcy
77. Funds in Court
78. Deposits of Powers of Attorney
79. The Probate Office
80. The District Probate Registries
81. The Bill of Sale (Ireland) Acts 1879 and 1883
82. Deeds of Arrangement
83. Construction of Written Instruments
84. Judicial Review and Orders affecting Personal Liberty
84A Review of the Award of Public Contracts
84B Procedure in Statutory Applications
84C Procedure in Statutory Appeals
85. Central Criminal Court
86. Court of Criminal Appeal
86A Courts Martial Appeal Court
87. Appeals to the Supreme Court from the Central Criminal Court
88. Insurance deposits
89. The Auctioneers and House Agents Acts, 1947-1973
90. The Social Welfare (Consolidation) Act, 1981
91. Road Traffic Acts 1961 to 1978
91A Taxi Regulation Act 2003
92. The Housing Act, 1966
93. The Fisheries (Consolidation) Act, 1959
94. Patents, Designs, Trade Marks and Copyright
95. Professional Disciplinary Bodies
96. The Registration of Title Act, 1964
97. Election Petitions
98. European Arrest Warrant Act 2003; Extradition Acts, 1965 to 2001
99. Costs
100. Registration of Business Names Act, 1963
101. Housing (Miscellaneous Provisions) Act, 1979
102. Transport (Tour Operators and Travel Agents) Act, 1982
102A Aviation REgulation Act, 2001
103. Local Government (Planning and Development) Act, 1976
103A Air Pollution Act, 1987
104. Consumer Information Act, 1978
105. Appeals from the Employment Appeals Tribunal
105A Appeals from the Hepatitis C Compensation Tribunal
106. Proceedings under the Employment Equality Acts, 1998 and 2004
107. The Trade Union Act, 1971
108. Local Government (Water Pollution) Act, 1977
109. Industrial and Provident Societies (Amendment) Act, 1978
110. Malicious Injuries Act, 1981
111. Air Navigation (Eurocontrol) Acts, 1963 to 1983
112. Appeals under the Housing (Private Rented Dwellings) (Amendment) Act, 1983
113. The Life Assurance Companies (Payment into Court) Act, 1896
113A Appeals under the European Communities (General System for Recognition of HIgher Education Diplomas) Regulations, 1991 and under the European Communities (Second General System for the Recognition of Professional Education and Training) Regulations, 1996
114. Officers
115. Orders of the Court
116. Seals
117. Paper, Printing and Copies of Documents
118. Sittings and Vacations
119. Mode of Address of Judges; Robes of Bench and Bar
120. Interpreters and Translators
121. Service of Documents
121A Service of Foreign Process (EU save the Kingdom of Denmark – REgulation No. 1348/2000)
121B Service of Foreign Process (Denmark and Outside the EU)
122. Time
123. Shorthand Reporting
124. Effect of Non-Compliance
125. Interpretations and forms
126. General
127. Notaries
128. Transfer of Sentenced Persons Act 1995; Transfer of Execution of Sentences Act 2005
129. Powers of Attorney Act, 1996
130. Freedom of Information Act, 1997
131. Committees of the Houses of the Oireachtas
132. Applications pursuant to Article 28.4.3° of the Constitution
133. Child Abduction and Enforcement of Custody Orders
134. Commissions to Inquire into Child Abuse
135. Commissions of Investigation Act 2004
136.Proceeds of Crime and Financing of Terrorism
137. Mental Health Act 2001
Appendices

Publishing Details

Publication Date: 31 October 2019
ISBN: 9781780434650
Binding: Hardback
Edition: 3
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