Changes to Rules of the Superior Courts coming into force on 13th November 2021
Statutory Instrument 490/2021 introduces procedural changes to certain High Court applications in relation to seeking judgment in default. This SI amends the Rules of the Superior Courts by the substitution of Orders 13, 20, 21 and 27 and the amendment of Order 23, Rule 6 and Order 63, Rule 1. These changes come into effect on the 13th November 2021 and will apply to proceedings issued after that date (subject to limited exceptions in relation to appeal provisions).
Date added
10.22.2021
Author
Sarah Reynolds & Dorothy Cleary
The main changes are as follows: -
1. Statement of Claim
Parties have eight (8) weeks for the delivery of their Statement of Claim and Defence in all cases; this has changed from the current position of twenty-eight (28) days to deliver your Statement of Claim and fourteen (14) days to deliver your defence following receipt of the Statement of Claim.
2. Warning Letter
A twenty-eight (28) day warning letter must be sent prior to the bringing of an application for Judgment in Default, including Judgment in Default of Appearance;
3. Judgment in default of Appearance
A Plaintiff will now be required to serve a Motion on the Defendant in all applications for Judgment in Default of Appearance;
4. Extension of Time
Judgment will be entered in a Motion for Judgment in Default of Defence or default of Statement of Claim except where justice requires an extension of time and that where such an extension is granted, the Court shall make an “Unless Order”, thereby requiring one Court hearing only;
5. Service of Application
Once an application for Judgment in Default of a Statement of Claim or Judgment in default of Defence is issued, the Applicant has ten (10) days from the date it is issued to serve the application on the other side and must set out in writing that if the pleading in default is delivered within twenty-one (21) days after the service of the Notice of Motion and if, among other things, a copy is lodged in the Central Office, then the motion shall stand struck-out and the party in default shall pay €750 for the costs of the motion;
6. Service of Court Order granting Judgment
The Plaintiff must serve on the Defendant a copy of any Order of the Court granting Judgment in Default of Appearance or Defence within twenty-eight (28) days from the passing and perfection of such Order; and
7. Service of Court Order dismissing an action
The Defendant shall serve on the Plaintiff a copy of any Order of the Court dismissing an action for want of prosecution within twenty-eight (28) days from the passing and perfection of such Order.
The aim of these amendments is to improve the procedure for applications to the High Court for Orders of default of Appearance, Statement of Claim and Defence and to standardise time limits for delivery of certain documents.
Please note this Article is not intended as legal advice. If you have any queries, please contact either Sarah Reynolds or Dorothy Cleary whose contact details are set out below.
AUTHORS
Sarah Reynolds, Partner
E: sreynolds@kanetuohy.ie
M: 087 248 4334
Dorothy Cleary, Senior Associate
E: dcleary@kanetuohy.ie
M: 087 292 1043