Purpose The purpose of the Court Proceedings (Delays) Act 2024 Act is to provide persons who are party to proceedings in the Irish Courts, where such proceedings are not concluded within a reasonable time, to seek a declaration of that fact and in certain cases compensation. A person who is or was a party to proceedings, has the right to the conclusion of those proceedings […]
Human Rights Issues In recent times, the courts have become stricter in measuring the balance of justice. Delay that might formerly have been tolerated may now be regarded as inordinate. Excuses that were formerly accepted might no longer be accepted. The European Convention on Human Rights is part of Irish domestic law under the European Convention on Human Rights Act 2003. The Convention guarantees the […]
Overview Because litigation is left in the hands of the parties and is dependent on their initiative, there is a risk that delay is encouraged. The parties may feel they can get away with it. The courts may indulge it by giving adjournments. This may mean that parties take advantage of this possibility. The courts have indicated that it is necessary in a system left […]
Various Means of Termination Proceedings may terminate other than by reason of a final court order or a settlement. Most of these instances involve a default by the claimant. The claimant may also discontinue the proceedings either in the context of a settlement or the apprehended failure of the claim. However, proceedings once started, cannot be discontinued by the plaintiff/claimant without consequences. By commencing legal […]
New Rules 2022 The Rules, as amended provide for the following – that judgment 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”, thus requiring one court hearing only; 8 weeks for delivery of […]
In Rem Judgements may be divided into two classes. Judgements in rem bind all persons. Judgements in rem exist only in a narrow number of categories relating to property, admiralty and the status of persons and things. A judgement in rem determines the status of a person or thing or the disposition of a thing, as opposed to the relative interests or rights of the […]
Default of Appearance Where any defendant fails to appear to a summons, and the plaintiff wishes to proceed on default of appearance under any of the following, the plaintiff shall first serve a notice in writing on the defendant confirming his intention to proceed on default of appearance and at the same time consenting to the late entry of appearance within 28 days of the […]
General A settlement of proceeding is in agreement in respect of a dispute prior to the final determination by a court of the matters in issue. The settlement is an agreement and contract law applies. A court or court order may or may not be made embodying the settlement. If it is made, then it is enforceable as a court order. The laws strongly encourage […]
Default of Appearance I Where a defendant fails to appear to a summons and the claimant wishes to proceed on the basis of such default of appearance, he shall, before taking such proceeding, file an affidavit of service of the summons or notice in lieu of summons, as the case may be. Where an originating summons whether plenary or summary, is indorsed with a claim […]
EU & Other Convention Cases Where the summons has been issued out of the jurisdiction under the Judgements Regulation or the Lugano Convention, the claimant is not entitled to enter a judgement except with leave of Court. An application for leave to enter judgement must be made on notice and supported by an affidavit setting out the deponent’s belief: that the claim is one to […]
Power to Strike Out Although there is a constitutional right of access to the court ,it does not include the right to take unmeritorious cases which are vexatious, an abuse of process or bound to fail. The court rules provide for power to strike out pleadings (claims and defences) which disclose no reasonable cause of action (or defence), or which are frivolous or vexatious. The […]