Notice and Mode of Trial A notice of trial shall be served in all proceedings commenced by plenary summons or adjourned for a plenary hearing. They shall be set down for trial in the Central Office. A motion to set aside a notice of trial must be brought within four days after service of the notice complained of. The claimant in a probate and admiralty […]
Types of Case In broad terms, commercial proceedings for the purpose of Commercial Court jurisdiction, relate to certain business-related or certain other disputes, the value of which exceeds €1 million. The classes of commercial proceedings include claims, a business document, business contract or business dispute where the value of the claim or counterclaim is not less than €1,000,000; the determination of any question of construction […]
Case Management Where the Judge directs that the proceedings are to be subject to case management, he shall fix a day for a case management conference. He may give further directions for the completion, prior to the conference of such steps in the proceedings, including the preparation of a case booklet, as he considers appropriate. Where there has been no direction that the proceedings are […]
Payment into Court; Non-Personal Injury The defendant may at any time after he has entered an appearance and before the case is set down for trial, or at any later time by leave of the Court, on notice to the claimant, pay into Court a sum of money in satisfaction of the claim for debt or damages. In cases subject to case management this date […]
Lodgements and Settlements The vast majority of cases commenced in the court system are settled without resort to trial. Many cases are settled without commencement of proceedings at all. The law encourages the settlements of cases. The party’s legal advisors should be in a position to assess the relative merits of the case. In a settlement, each party is likely to do less well he […]
Motions. All interlocutory applications to Court and applications authorised by the rules shall be made by motion, unless otherwise provided. They shall be made by motion and notice to the parties concerned, which shall be filed in the Central Office or in the case of other Courts, the appropriate registrar or office. In any case, the Court if satisfied that the delay caused by proceeding […]
General Case Management The case management provisions were extended to most classes of High Court proceedings in 2016. They apply to any proceedings in the Chancery List or the Non-Jury List of the Court and any other proceedings which the President of the High Court has designated. The 2016 rules do not apply to proceedings admitted to the Commercial List and Competition List which are […]
Pre-trial Conferences Where no case management order has been made in proceedings, the proceedings shall, on being set down for trial, be listed by the Registrar before the List Judge, or such Judge as the List Judge with the approval of the President of the High Court may nominate, for a pre-trial conference. Where a case management order has been made in proceedings, the Judge […]