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Rules of the Superior Courts
Amendment to: General
S.I. No. 485 of 2014: Rules of the Superior Courts (Court of Appeal Act 2014) 2014
1. (1) These Rules, which may be cited as the Rules of the Superior Courts (Court of Appeal Act 2014) 2014, shall come into operation on 28th the day of October 2014.
(2) These Rules shall be construed together with the Rules of the Superior Courts.
(3) The Rules of the Superior Courts as amended by these Rules may be cited as the Rules of the Superior Courts 1986 to 2014.
2. (1) Nothing in these Rules shall affect the validity of any step taken or any other thing done:
and such proceedings shall, subject to any order made by the Supreme Court, the Chief Justice or a Judge of the Supreme Court nominated by the Chief Justice under section 7(6) of the Courts (Supplemental Provisions) Act 1961, in those proceedings, be continued and completed as if these Rules had not been made.
(2) Nothing in these Rules shall affect the validity of any step taken or any other thing done in any proceedings on any appeal to the Court of Criminal Appeal to which section 78(1) of the Court of Appeal Act 2014 applies, and the proceedings on such an appeal shall, subject to any order made by the Court of Criminal Appeal or a Judge of the Court of Criminal Appeal in those proceedings, be continued and completed as if these Rules had not been made and the powers of the Court of Criminal Appeal in any such proceedings are unaffected by these Rules.
(3) Nothing in these Rules shall affect the validity of any step taken or any other thing done in any proceedings on any appeal to the Courts-Martial Appeal Court to which section 78(2) of the Court of Appeal Act 2014 applies, and the proceedings on such an appeal shall, subject to any order made by the Courts-Martial Appeal Court or a Judge of the Courts-Martial Appeal Court in those proceedings, be continued and completed as if these Rules had not been made and the powers of the Courts-Martial Appeal Court in any such proceedings are unaffected by these Rules.
(4) In any proceedings in which an appeal to the Supreme Court from the High Court was initiated before the establishment day referred to in section 5 of the Court of Appeal Act 2014:
(5) In any proceedings in respect of which an order has been made in accordance with Article 64.3.3° of the Constitution cancelling the effect of a direction under Article 64.3.1°, the Registrar of the Court of Appeal shall return to the Registrar of the Supreme Court any document held in the Office of the Registrar of the Court of Appeal in connection with the appeal.
3. The Rules of the Superior Courts are amended:
(i) by the substitution for Orders 58 and 59 of the Order set out in Schedule 1,
(ii) by the substitution of the Appendix in Schedule 2 as Appendix FF,
(iii) by the substitution for Orders 86, 86A and 87 of Orders 86, 86A, 86B, 86C, 86D and 87 as set out in Schedule 3,
(iv) by the substitution of the Appendix in Schedule 4 as Appendix U, and
(v) by the substitution for Orders 115 and 116 of Orders 115 and 116 as set out in Schedule 5.
4. The consequential and other amendments in Schedule 6 to the provisions of the Rules of the Superior Courts shall have effect in accordance with that Schedule.
5. The Rules of the Superior Courts are amended by the substitution of the forms in Schedule 7 for the forms bearing the like numbers in Appendix F of the Rules of the Superior Courts.
6. The Rules of the Superior Courts are amended by the deletion from Appendix V of Form No. 8 and by the deletion of Appendix GG inserted in those Rules by the Rules of the Superior Courts (Courts-Martial Appeal Court) 2009 (SI 270 of 2009).
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Order 7, rule 2(2)
the insertion immediately following that sub-rule of the following sub-rule:
“(2A) Where such notice is given at any time in which an appeal is pending in the Court of Appeal or the Supreme Court, the party concerned shall additionally lodge a copy of the notice in the Office of the Registrar of the Court of Appeal or, as the case may be, the Office of the Registrar of the Supreme Court.”
Order 11C, rule 10
the insertion of the words “or the Court of Appeal” immediately before the words “...or the Supreme Court”
Order 40, rule 7
the insertion of the words “, or the Court of Appeal” immediately following the words “...or matters pending in the High Court” and
the insertion of the words “, and of the Court of Appeal” immediately following the words “...and the Judges and officers of the High Court”
Order 41, rule 6
the substitution for that rule of the following rule:
“6. (1) Particulars of every judgment or order of the High Court shall be entered in proper books to be kept for that purpose and the judgment or order shall be filed in the Central Office.
(2) Every judgment or order of the Court of Appeal shall be filed in the Office of the Registrar of the Court of Appeal.
(3) Every judgment or order of the Supreme Court shall be filed in the Office of the Registrar of the Supreme Court.
(4) Every judgment or order pronounced or made by the High Court, by the Court of Appeal or by the Supreme Court when so filed shall be deemed for all purposes to be duly entered, and the entry thereof shall be dated as of the day on which the judgment or order was pronounced or made, unless the Court otherwise directs.”
Order 42, rule 35
the insertion immediately following that rule of the following rule:
“35A. A person seeking to issue execution consequent on a right arising from a judgment or order of the Supreme Court or the Court of Appeal shall first lodge in the Central Office an attested copy of the judgment or order of the Supreme Court or the Court of Appeal arising from which such right arises.”
Order 42A, rule 15
the substitution for the existing rule of the following rule:
“15. Execution shall not issue on a judgment or decision in respect of which a relevant order has been made until after the expiration of the period specified in accordance with the provisions of rule 13 applicable to the proceedings concerned, or if that period has been extended by the Court, until after the expiration of any such extended period. If an appeal is made to the High Court under rule 13, execution of the judgment or decision shall not issue until after such appeal (including any further appeal on a point of law to the Court of Appeal or, where applicable, to the Supreme Court) is determined. Any party wishing to issue execution on a judgment or decision in respect of which a relevant order has been made shall produce to the appropriate officer an affidavit of service of the relevant order concerned granting leave to enforce a judgment or decision and of any order made by the Master, the High Court, the Court of Appeal or, where applicable, the Supreme Court (as the case may be) in relation to the judgment or decision.”
Order 42A, rule 16(2)
the deletion of the words “rule 1,” immediately following the words “by notice of appeal in accordance with Order 58,”
Order 42A, rule 20
the substitution for that rule of the following rule:
“20. In the case of a judgment or decision of the High Court, the Court of Appeal or the Supreme Court sought to be enforced in another Member State of the European Union or in a Contracting State of the Lugano Convention, a Registrar of the High Court or the Registrar of the Court of Appeal or the Supreme Court (as the case may be) shall, at the request of an interested party, give such party a copy of the order and the written judgment (if any) of the Court duly authenticated.”
Order 42A, rule 21(1)
the substitution for that sub-rule of the following sub-rule:
“(1) In the case of a judgment or decision of the High Court, the Court of Appeal or the Supreme Court sought to be enforced or recognised in another Member State of the European Union or a Contracting State of the Lugano Convention, any application for a certificate signed by a Registrar of the High Court or the Registrar of the Court of Appeal or the Supreme Court (as the case may be) shall be made on affidavit to the said Registrar.”
Order 42A, rule 21(3)
the insertion of the words “, the Court of Appeal” immediately following the words “...judgment or decision of the High Court” and
the insertion of the words “or by the Registrar of the Court of Appeal” immediately following the words “...by a Registrar of the High Court”
Order 42A, rule 21(4)
the insertion of the words “, the Court of Appeal ” immediately before the words “...or the Supreme Court”
Order 42B, rule 1
the substitution therein for the definition of “domestic judgment” of the following definition:
““domestic judgment” means any
(a) judgment of the High Court for any sum of money or order of the High Court requiring payment of any sum of money (including a judgment given or order made by consent or a settlement made a rule of court), or
(b) judgment of the Court of Appeal for any sum of money or affirming, whether having varied the same or not, a judgment of the High Court for any sum of money (including a judgment given or order made by consent or a settlement made a rule of court), or
(c) judgment of the Supreme Court for any sum of money or affirming, whether having varied the same or not, a judgment of the High Court (or of the Court of Appeal) for any sum of money (including a judgment given or order made by consent or a settlement made a rule of court), or
(d) judgment entered in the Central Office pursuant to these Rules or on foot of any order for any sum of money,
to which Regulation No 805/2004 applies.”
Order 42B, rule 4(3)
the insertion of the words “the Court of Appeal or” immediately following the words “...domestic judgment has been given or made by”
Order 42B, rule 5(1)
the insertion of the words “, the Court of Appeal” immediately following the words “...as a European Enforcement Order shall, unless the Master, the High Court”
Order 42B, rule 6(2)
the substitution for that sub-rule of the following sub-rule:
“(2) If not made at the hearing referred to in sub-rule (1), an application to the High Court, or (where the Court of Appeal or the Supreme Court is the court of origin) to the Court of Appeal or Supreme Court, as the case may be, under Article 6(2) of Regulation No 805/2004 for the issue of a certificate indicating the lack or limitation of enforceability of a domestic judgment may be made in accordance with rule 8.”
Order 42B, rule 7(1)
the substitution for that sub-rule of the following sub-rule:
“(1) Where, on any appeal to a Judge of the High Court, the Court of Appeal or the Supreme Court, a judgment is given or order, ruling or decision is made in respect of a domestic judgment which has been certified as a European Enforcement Order, an application under Article 6(3) of Regulation No 805/2004 for the issue of a replacement certificate may be made by either party to the said appeal ex parte to the High Court, Court of Appeal or Supreme Court (as the case may be) at the hearing of the said appeal, or on the delivery of the judgment on the said appeal.”
Order 42B, rule 9(1)
the substitution therein for the words:
“(where the Supreme Court is the court of origin) to the Office of the Registrar of the Supreme Court, which shall assign a return date to such application”
of the words:
“(where the Court of Appeal or the Supreme Court is the court of origin) to the Office of the Registrar of the Court of Appeal or the Office of the Registrar of the Supreme Court (as the case may be), which shall assign a return date to such application”
Order 42B, rule 9(2)
the substitution for that sub-rule of the following sub-rule:
“(2) Where, on any application under this rule, it is determined that the European Enforcement Order certificate in respect of the domestic judgment concerned ought be rectified or withdrawn, the person on whose application the domestic judgment concerned was certified as a European Enforcement Order shall within seven days of such determination lodge the original European Enforcement Order certificate in respect of the domestic judgment concerned in the Central Office, or (where the Court of Appeal certified the domestic judgment concerned as a European Enforcement Order) the Office of the Registrar of the Court of Appeal, or (where the Supreme Court certified the domestic judgment concerned as a European Enforcement Order) the Office of the Registrar of the Supreme Court. In the case of rectification, a Registrar of the High Court, or the Registrar of the Court of Appeal, or the Registrar of the Supreme Court (as the case may be) shall rectify such certificate, re-sign, re-seal and subject to any direction made in that regard, re-issue such rectified certificate to the person on whose application the domestic judgment concerned was certified as a European Enforcement Order. In the case of withdrawal such Registrar shall cancel such certificate.”
Order 42B, rule 10(1)
the insertion of the words “by the Registrar of the Court of Appeal on behalf of the Court of Appeal,” immediately following the words “... in accordance with rule 4(2), rule 8 or rule 9) on behalf of the Master,”
Order 52, rule 2
the substitution for that rule of the following rule:
“2. Save as otherwise provided by these Rules, all such applications other than such as under the existing practice are made ex parte or are authorised by these Rules to be so made, shall be made by motion on notice to the parties concerned, which shall be filed:
(a) in the case of applications to the Supreme Court, in the Office of the Registrar of the Supreme Court,
(b) in the case of applications to the Court of Appeal, in the Office of the Registrar of the Court of Appeal,
(c) in the case of applications relating to wards of court, in the Office of Wards of Court,
(d) in matters of bankruptcy, arrangement, or insolvency where an order of adjudication or, as the case may be, a winding up order, has been made or in any other case in which an account or inquiry has been directed to be taken by the Examiner and a notice to proceed has issued in accordance with Order 55, rule 11, the Examiner’s Office, and
(e) in the case of other applications, in the Central Office.”
Order 57, rule 1(b)
the substitution of the words “the High Court, the Court of Appeal or the Supreme Court” for the words “the High Court or the Supreme Court”
Order 57, rule 2(1)(c)
the substitution of the words “the High Court, the Court of Appeal or the Supreme Court” for the words “the High Court or the Supreme Court”
Order 57, rule 11
the substitution of the words “the High Court, the Court of Appeal or the Supreme Court” for the words “the High Court or the Supreme Court”
Order 74, rule 133(1)
the insertion of the words “Court of Appeal or the” immediately following the words “...then pending against the company in the High Court or on appeal in the”
Order 74, rule 134
the insertion of the words “Court of Appeal or the” immediately following the words “...if such action be pending in the High Court or on appeal in the”
Order 84, rule 15(1)(i)
the substitution of the word “appear” for “appeal” immediately following the words “...any warrants for failure to”
Order 99, rule 1
the insertion immediately following sub-rule (3) of the following sub-rule:
“(3A) Subject to sub-rule (4A), the Court of Appeal shall, when determining liability for the costs of an appeal or an application for leave to appeal, have regard to—
(a) the number and extent of the issues raised, pursued or contested by the respective parties on the appeal or application and
(b) whether it was reasonable for a party to raise, pursue or contest the issue, or issues, concerned.”
Order 99, rule 1(4A)
the insertion of the words “, the Court of Appeal” immediately following the words “The High Court”
Order 99, rule 1(5)
the insertion of the words “Court of Appeal” immediately following the words “...in any proceeding in the High Court” and
the insertion of the words “, the Court of Appeal” immediately following the words “...those costs shall, if the High Court”
Order 99, rule 1A(1)
the substitution for that sub-rule of the following sub-rule:
“(1) Notwithstanding sub-rules (3) and (4) of rule 1:
(a) the Supreme Court, in considering the awarding of the costs of any appeal or any application in respect of an appeal, may, where it considers it just, have regard to the terms of any offer in writing sent by any party to any other party or parties offering to satisfy the whole or part of that other party’s (or those other parties’) claim or counterclaim the subject of the appeal, or application;
(b) the Court of Appeal, in considering the awarding of the costs of any appeal or any application in respect of an appeal, may, where it considers it just, have regard to the terms of any offer in writing sent by any party to any other party or parties offering to satisfy the whole or part of that other party’s (or those other parties’) claim or counterclaim the subject of the appeal, or application;
(c) the High Court, in considering the awarding of the costs of any action (other than an action in respect of a claim or counterclaim concerning which a lodgment or tender offer in lieu of lodgment may be made in accordance with Order 22) or any application in such an action, may, where it considers it just, have regard to the terms of any offer in writing sent by any party to any other party or parties offering to satisfy the whole or part of that other party’s (or those other parties’) claim, counterclaim or application;
(d) the High Court, in considering the awarding of the costs of any appeal from the Circuit Court, may, where it considers it just, have regard to the terms of any offer in writing sent by any party to any other party to the appeal offering to satisfy the whole or part of that other party’s (or those other parties’) claim or counterclaim the subject of the appeal.”
Order 99, rule 1B
the insertion of the words “, the Court of Appeal” immediately following the words “...sub-rules (3) and (4) of rule 1, the Supreme Court”
Order 110, rule 2(b)
the substitution of the words “Court of Appeal” for the words “Supreme Court” in each place in which those words appear.
Order 110, rule 3
the substitution of the words “Court of Appeal” for the words “Supreme Court”.
Order 110, rule 4
the substitution of the words “Court of Appeal” for the words “Supreme Court”.
Order 114, rule 1
the substitution for that rule of the following rule:
“1. The following persons shall have power to take affidavits and affirmations in all causes or matters pending in the High Court, the Court of Appeal or the Supreme Court and to administer the necessary oaths and affirmations for that purpose:
(a) every Registrar, assistant Registrar, Court Clerk and senior Clerk of the High Court, the Court of Appeal or the Supreme Court;
(b) where any business of an office of the High Court, the Court of Appeal or the Supreme Court is specified in accordance with section 14 of the Courts and Court Officers Act 2009 as business that shall be transacted in a combined court office established under that section, and while so specified, any member of the staff of the Courts Service employed in that combined court office.”
Order 117, rule 3
the insertion of the words “, the Office of the Registrar of the Court of Appeal” immediately following the words “...the Office of the Registrar of the Supreme Court”
Order 117, rule 4(a)
the substitution for that paragraph of the following paragraph:
“(a) any appeal book, directions book or motion book to be lodged in the Office of the Registrar of the Supreme Court or any appeal booklet, directions booklet or motion booklet to be lodged in the Office of the Registrar of the Court of Appeal;”
Order 117, rule 5(g)
the insertion of the words “, the Court of Appeal,” immediately following the words “the High Court”
Order 117A, rule 1
the substitution therein for the definition of “office” of the following definition:
““office” means any office by law attached to the Supreme Court, the Court of Appeal, the High Court or the President of the High Court;”
Order 117A, rule 2(1)
the substitution for that sub-rule of the following sub-rule:
“(a) The proper officer may, with the approval of:
(i) the Chief Justice in respect of proceedings in the Supreme Court, or
(ii) the President of the Court of Appeal in respect of proceedings in the Court of Appeal, or
(iii) the President of the High Court in respect of proceedings in the High Court,
stipulate conditions, to be published in such manner as the Chief Justice, the President of the Court of Appeal or the President of the High Court, as the case may be, may approve, subject to which non-personal delivery of a court document may be effected.
(b) In paragraph (a), the “proper officer” means:
(i) the Registrar of the Supreme Court, in the case of the Supreme Court;
(ii) the Registrar of the Court of Appeal, in the case of the Court of Appeal, and
(iii) the officer for the time being managing the Central Office, in the case of the High Court.”
Order 117A, rule 4(f)
the substitution for that paragraph of the following paragraph:
“(f) any other court document in respect of which:
(i) the Chief Justice in respect of proceedings before the Supreme Court,
(ii) the President of the Court of Appeal in respect of proceedings before the Court of Appeal, and
(iii) the President of the High Court in respect of proceedings before the High Court,
has by practice direction directed that a method of lodgment other than non-personal delivery is required.”
Order 118, rule 1
the insertion of the words “, the Court of Appeal” immediately following the words “the Supreme Court”
Order 118, rule 2
the insertion of the words “, the Court of Appeal,” immediately following the words “the Supreme Court”
Order 118, rule 4(1)
the insertion of the words “, the Court of Appeal,” immediately following the words “the Supreme Court”
Order 119, rule 1(1)
the insertion of the words “, the President of the Court of Appeal” immediately following the words “The Chief Justice”
Order 119, rule 2(1)
the deletion from paragraph (a) of the words “, including sittings of the Court of Criminal Appeal,”;
the re-designation of paragraph (b) as paragraph (c), and the insertion immediately before paragraph (c) as so re-designated of the following paragraph:
“(b) the Judges of the Court of Appeal shall on all occasions during the sittings, wear such costume as is directed by the President of the Court of Appeal;”
Order 123, rule 1
the deletion of that rule.
Order 123, rule 6(1)
the substitution for that sub-rule of the following sub-rule:
“(1) In case of an appeal, only such part of the record of the proceedings as the parties agree to be relevant shall be transcribed and included in the books of appeal to be lodged by the appellant pursuant to Order 58 or, as the case may be, Order 86. Any party may, however, cause any additional part of the record to be transcribed and included in the books of appeal but shall not be allowed the expenses of such additional part of the transcript (or of making copies thereof) as part of any costs awarded to him unless the Supreme Court or Court of Appeal shall immediately after the appeal certify that in its opinion it was expedient or desirable that the transcript of such additional part of the record should have been lodged with the books of appeal.”
Order 123, rule 6(2)
the insertion of the words “or Court of Appeal” immediately following the words “The Supreme Court”.
Order 123, rule 7
the insertion of the words “, Court of Appeal” immediately following the words “The Supreme Court”.
Order 123, rule 8(b)
the insertion of the words “, the Court of Appeal” immediately following the words “permitted by the Supreme Court”.
Order 123, rule 9(1)
the substitution for that sub-rule of the following sub-rule:
“(1) Any party or person who seeks access to any part of a record of proceedings (in this rule referred to as the “relevant record”) which is held by or for the Supreme Court, the Court of Appeal or the Court, as the case may be (in this rule referred to as the “relevant court”) may apply to the relevant court by motion in the proceedings concerned on notice to the other party or the parties to those proceedings, grounded upon an affidavit.”
Order 125, rule 1
the insertion immediately following the definition of “probate action” of the following definition:
““record” means a contemporaneous record of the proceedings concerned made by any one or more means, including, without limitation—
(a) any shorthand or other note, whether written, typed or printed, and
(b) any sound recording or other recording, capable of being reproduced in legible, audible or visual form, approved by the court;”
the insertion immediately following the definition of “solicitor” of the following definition:
““statutory practice direction” means, as the case may be, a practice direction issued by the Chief Justice in accordance with section 7 of the Courts (Supplemental Provisions) Act 1961 or a practice direction issued by the President of the Court of Appeal in accordance with section 7C of that Act;”
the substitution for the definition therein of “Superior Courts” of the following definition:
““Superior Courts” means the Supreme Court, the Court of Appeal and the High Court (including the Central Criminal Court);”
the insertion immediately following the definition of “Superior Courts” (as so amended) of the following definition:
““transcript writer” means any person (including a body corporate acting by its employee or contractor) appointed by the Courts Service to make a transcript of the record.”
Order 125, rule 4(1)
the insertion of the words “, the Court of Appeal,” immediately following the words “...of an office of the High Court”
Order 125, rule 4(2)
the insertion immediately following rule 4(1) of the following sub-rule:
“(1A) If and where any business of the office of the Registrar of the Supreme Court, the Registrar of the Court of Appeal or, as the case may be, the principal officer, within the meaning of Part I of the Court Officers Act 1926, of any office attached to the High Court or the President of the High Court is specified in accordance with section 14 of the Courts and Court Officers Act 2009 as business that shall be transacted in a combined court office established under that section, and while so specified, any member of the staff of the Courts Service employed in that combined court office and directed in accordance with section 22(2) of that Act by a combined court office manager to act as registrar to the Supreme Court, registrar to the Court of Appeal or, as the case may be, as the principal officer, of an office attached to the High Court or the President of the High Court, any reference in these Rules to the Registrar of the Supreme Court, the Registrar of the Court of Appeal or, as the case may be, the principal officer concerned shall be deemed to include a reference to the member concerned of the staff of the Courts Service.”
Order 133, rule 11(3)
the insertion of the words “the Office of the Registrar of the Court of Appeal or” immediately following the words “...the appropriate office of the High Court or, as the case may be, to”.
Order 133, rule 11(4)
the insertion of the words “, Court of Appeal” immediately following the words “...if such proceedings are in being before the High Court”.
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