Lis Pendens A Lis Pendens, from Latin meaning “litigation pending,” is a formal notice to alert third parties of an ongoing legal dispute concerning a property. It serves to inform any prospective buyer or third party that litigation over the land or property is pending. The Lis Pendens alerts any potential purchaser or interested party to the existence of legal proceedings that may affect ownership […]
Overview Security for costs may be ordered in certain cases, in order to prevent the abuse of legal process by persons (most commonly companies) and other entities without the means to meet an award of costs against them if they lose. However, the principle comes in conflict with the right of a person to take ligation to assert his rights, which is a fundamental right […]
Solicitor’s Duty and Mediation A practising solicitor shall, prior to issuing proceedings on behalf of a client— advise the client to consider mediation as a means of attempting to resolve the dispute the subject of the proposed proceedings, provide the client with information in respect of mediation services, including the names and addresses of persons who provide mediation services, provide the client with information about […]
Actions An action refers to legal proceedings which one party undertakes in a court of justice in order to enforce rights against or restrain the commission of a wrong by the other party. The action formally seeks the judgment or order of the court in the manner concerned. An action presumes a party having a right or claim which is alleged or threatened have been […]
High Court Summons The Rules of the Superior Courts specify the procedures for the commencement of litigation. In broad terms, proceedings are commenced by a summons, petition or originating motion. Most substantial proceedings are initiated by a summons. The summons is the successor of the writs that existed for many centuries prior to Irish Independence. The summons is issued by the Central Office in the […]
Issue of Summons A Summons must be issued from the court offices. A number of draft copies are brought to the Central Office stamped with the appropriate court fee. They are sealed with the seal the High Court marked with a record number and returned to the person presenting it for service. The stamped copy is retained and entered in a cause book. This entry […]
Service Service of any summons on the defendant shall, except in the cases specified, be effected: by personal service upon the person to be served, by personal service upon another person referred to below on behalf of the person to be served, or by the sending of a copy of the summons by registered prepaid post in an envelope addressed to the person to be […]
EU Service Regulation European Union legislation allows service within the European Union through a special mechanism. The Service Regulation complements the Judgment Regulation. In addition, the Hague convention of service of proceedings in civil and commercial matter may also apply. The European Union Regulations applies to civil and commercial matters. Each state must designate a transmitting agency and receiving agency and a central body to […]
Hague Convention on Service The Hague Convention makes provision for service abroad of judicial and like documents in civil and commercial matters. A wider category of countries is party to the Hague Convention on the service abroad of judicial and extrajudicial documents in civil and commercial matters. These include Denmark, most of the EU countries, the USA, Switzerland, Turkey, Ukraine, Russia, Mexico, Israel, Kuwait, Canada, Argentina. The […]
Service Outside Jurisdiction (Non-EU) Formerly, it was necessary to obtain an order in all cases to serve a summons outside the jurisdiction. A summons or notice of a summons may be served without Court leave under Convention and under EU Regulation. Special EU-wide regulations facilitate service. Accordingly, the following rules will be overridden in cases within the European Union and cases that fall within other […]
Appearance The entry of appearance brings the defendant into the proceedings The failure to enter an appearance means that there may be a judgment against the defendant by default. An entry of appearance to a summons must be made within eight days of service of the summons.A longer time is allowed for an appearance in the case of services outside the jurisdiction. Where an order […]
Parties to Litigation The Rules of the Superior Court, Order 15 set out the general rules in relation to the proper parties to litigation. The parties to litigation are usually the persons with an interest in the subject matter. It is vitally important that the proper parties are made a party to the litigation. Generally, it is not possible to litigate on someone else’s behalf. […]
Joining a Third Party The rules of court provide a procedure by which a defendant may join another party to the action as a third party. This may be done where the defendant claims against the third party, that he is entitled to either a contribution towards damages to the claimant or to a complete indemnity. It may also arise where he is entitled to […]
Third Party Notice Where a defendant in an action claims as against a person who was not a party to the action that he is entitled to contribution or indemnity or that he is entitled to any relief or remedy related to or connected with the original subject matter of the action and substantially the same as some relief or remedy claimed by the claimant […]