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Order 11A

Service out of the Jurisdiction under Regulation (EC) No. 1215/2012 or the Lugano Convention (Civil and Commercial Matters)

1.  [1] [2] [3] [4] [5] – The provisions of this Order only apply to proceedings which are governed by Article 1 of Regulation No. 1215/2012 or by Article 1 of the Lugano Convention and, so far as practicable and applicable, to any order, motion or notice in any such proceedings.

2. Service of an originating summons or notice of an originating summons out of the jurisdiction is permissible without the leave of the Court if, but only if, it complies with the following conditions:

(a) in the case of proceedings which are governed by Article 1 of Regulation No. 1215/2012—

(1) the claim made by the summons or other originating document is one which, by virtue of Regulation No. 1215/2012, the Court has power to hear and determine, and

(2) no proceedings between the parties concerning the same cause of action are pending between the parties in another Member State of the European Union, or

(b) in the case of proceedings which are governed by Article 1 of the 2007 Lugano Convention—

(1) the claim made by the summons or other originating document is one which, by virtue of the Lugano Convention and the 1998 Act, the Court has power to hear and determine, and

(2) no proceedings between the parties concerning the same cause of action are pending between the parties in another Contracting State of the Lugano Convention.

3. Where an originating summons or notice of an originating summons is to be served out of the jurisdiction under rule 2, the time to be inserted in the summons within which the defendant served therewith shall enter an appearance (including an appearance entered solely to contest jurisdiction by virtue of Article 26(1) of Regulation No. 1215/2012 or Article 24 of the Lugano Convention) shall be:

(1) five weeks after the service of the summons or notice of summons exclusive of the day of service where an originating summons or notice of an originating summons is to be served in the European territory of another Member State of the European Union or of another Contracting State of the Lugano Convention, or

(2) six weeks after the service of the summons or notice of summons exclusive of the day of service where an originating summons or notice of an originating summons is to be served in any non-European territory of another Member State of the European Union or of another Contracting State of the Lugano Convention.

4. (1) Where two or more defendants are parties to proceedings to which the provisions of this Order apply, but not every such co-defendant is domiciled in:

(i) a Member State of the European Union, or

(ii) a Contracting State of the Lugano Convention,

for the purposes of Regulation No. 1215/2012, the Lugano Convention or the 1998 Act, then the provisions of Order 11 requiring leave to serve out of the jurisdiction shall apply to each and every such co-defendant.

(2) This rule shall not apply to proceedings to which the provisions of Article 24 of Regulation No. 1215/2012 or Article 22 of the Lugano Convention concerning exclusive jurisdiction, or Article 25 of Regulation No. 1215/2012 or Article 23 of the Lugano Convention concerning prorogation of jurisdiction, apply. Service of such proceedings on all co-defendants shall be governed by the provisions of this Order.

5. (1) Subject to the provisions of Regulation No. 1215/2012 or, as the case may be, of the Lugano Convention, where the parties to any contract have agreed without conferring jurisdiction for the purpose of Article 25 of Regulation No. 1215/2012 or Article 23 of the Lugano Convention, that service of any summons in any proceedings relating to such contract may be effected at any place within or without the jurisdiction on any party or on any person on behalf of any party or in any manner specified or indicated in such contract, then, in any such case, notwithstanding anything contained in these Rules, service of any such summons at the place (if any) or on the party or on the person (if any) or in the manner (if any) specified or indicated in the contract shall be deemed to be good and effective service wherever the parties are resident. If no place, or mode, or person be so specified or indicated, service shall be effected in accordance with these Rules.

(2) Where a contract contains an agreement conferring jurisdiction to which the provisions of Article 25 of Regulation No. 1215/2012 or Article 23 of the Lugano Convention concerning prorogation of jurisdiction apply and the originating summons is issued for service out of the jurisdiction without leave under rule 2 and is duly served in accordance with these Rules, the summons or notice of summons shall be deemed to have been duly served on the defendant.

6. Where the defendant is not, or is not known or believed to be, a citizen of Ireland, notice of summons and not the summons itself shall be served upon him.

7. Subject to the provisions of this Order, notice in lieu of summons shall be given in the manner in which summonses are served.

8. Where a defendant wishes to enter an appearance to contest the jurisdiction of the Court for the purposes of Article 26(1) of Regulation No. 1215/2012 or Article 24 of the Lugano Convention, he may do so by entering an appearance in Form No. 6 in Appendix A, Part II.

9. While any amendments to the Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters annexed to Council Decision No. 2005/790/EC of 20 September 2005 (OJ L 299/61 of 16 November 2005) signed at Brussels on 19 October 2005 and approved on behalf of the Community by Council Decision No. 2006/325/EC of 27 April 2006 (OJ L 120/22 of 5 May 2006) which have the effect of applying the provisions of Regulation No. 1215/2012 to the Kingdom of Denmark are for the time being in force, notwithstanding any other provision of these Rules to the contrary, the provisions of these Rules which relate to Regulation No. 1215/2012 shall apply in relation to the Kingdom of Denmark, to the extent permitted, and subject to any modifications made necessary, by that Agreement, and the provisions of these Rules which relate to the 1968 Convention shall not apply. While at any time such amendments to the said Agreement are not in force, Order 11B shall apply in relation to proceedings involving a defendant domiciled in the Kingdom of Denmark.

10. For the purpose of this Order:

“domicile” is to be determined in accordance with the provisions of Articles 62 and 63 of Regulation No. 1215/2012 or, as the case may be, of Articles 59 and 60 of the Lugano Convention;

“summons” includes, where the context so admits or requires, any other originating document.”

[1]     Order 11A, Service Out of the Jurisdiction under the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act 1988, inserted by SI 14 of 1989, effective 1 February 1989.

[2]     Order 11A, Service Out of the Jurisdiction under Council Regulation (EC) No 44/2001 (Civil and Commercial Matters), substituted by SI 506 of 2005, effective 10 August 2005.

[3]     Order 11A, rule 8A inserted by SI 407 of 2007, effective 29 June 2007.

[4]     Order 11A substituted by SI 307 of 2013, effective 26 August 2013.

[5]     Order 11A substituted by SI 9 of 2016, effective 12 January 2016.

Order 11B

Service out of the Jurisdiction under the Jurisdiction of Courts and Enforcement of Judgments Act 1998 (1968 Convention)

1. [1] [2] [3] [4] – The provisions of this Order, subject to Order 11A, rule 9, only apply to proceedings which are governed by the terms of the 1968 Convention and Part II of the 1998 Act (and the First Schedule thereof) and, so far as practicable and applicable, to any order, motion or notice in any such proceedings.

2. Service of an originating summons or notice of an originating summons out of the jurisdiction is permissible without the leave of the Court if, but only if, it complies with the following conditions:

(1) the claim made by the summons is one which by virtue of either the 1968 Convention and Part II of the 1998 Act (and the First Schedule thereof) the Court has power to hear and determine, and

(2) no proceedings between the parties concerning the same cause of action is pending between the parties in another state in which the 1968 Convention is in force.

3. Where an originating summons or notice of an originating summons is to be served out of the jurisdiction under rule 2, the time to be inserted in the summons within which the defendant served therewith shall enter an appearance (including an appearance entered solely to contest jurisdiction by virtue of Article 18 of the 1968 Convention) shall be:

(a) five weeks after the service of the summons or notice of summons exclusive of the day of service where an originating summons or notice of an originating summons is to be served in the European territory of another state in which the 1968 Convention is in force, or

(b) six weeks after the service of the summons or notice of summons exclusive of the day of service where an originating summons or other originating document or notice of an originating summons or document is to be served in any non-European territory of another state in which the 1968 Convention is in force.

4. (1) [5] Where two or more defendants are parties to proceedings to which the provisions of this Order apply, but not every such co-defendant is domiciled in:

(i) a Member State of the European Union;

(ii) a Contracting State of the Lugano Convention, or

(iii) a state in which of the 1968 Convention is in force,

for the purposes of the 1998 Act, Regulation No. 1215/2012 or the Lugano Convention, then the provisions of Order 11 requiring leave to serve out of the jurisdiction shall apply to each and every such co-defendant.

(2) This rule shall not apply to proceedings to which the provisions of Article 16 of the 1968 Convention concerning exclusive jurisdiction, or Article 17 of the 1968 Convention concerning prorogation of jurisdiction, apply.  Service of such proceedings on all co-defendants shall be governed by the provisions of this Order.

5. (1) Subject to the provisions of the 1968 Convention, where the parties to any contract have agreed without conferring jurisdiction for the purpose of Article 17 of the 1968 Convention, that service of any summons in any proceedings relating to such contract may be effected at any place within or without the jurisdiction on any party or on any person on behalf of any party or in any manner specified or indicated in such contract, then, in any such case, notwithstanding anything contained in these Rules, service of any such summons at the place (if any) or on the party or on the person (if any) or in the manner (if any) specified or indicated in the contract shall be deemed to be good and effective service wherever the parties are resident.  If no place, or mode, or person be so specified or indicated, service shall be effected in accordance with these Rules.

(2) Where a contract contains an agreement conferring jurisdiction to which the provisions of Article 17 of the 1968 Convention concerning prorogation of jurisdiction apply and the originating summons is issued for service out of the jurisdiction without leave under rule 2 and is duly served in accordance with these Rules, the summons or notice of summons shall be deemed to have been duly served on the defendant.

6. Where the defendant is not, or is not known or believed to be, a citizen of Ireland, notice of summons and not the summons itself shall be served upon him.

7. Subject to the provisions of this Order, notice in lieu of summons shall be given in the manner in which summonses are served.

8. Where a defendant wishes to enter an appearance to contest the jurisdiction of the Court for the purposes of Article 18 of the 1968 Convention, he may do so in the Form No 7 in Appendix A, Part II.

9. For the purpose of this Order:

“domicile” is to be determined in accordance with the provisions of section 15 and the Ninth Schedule of the 1998 Act;

“summons” includes, where the context so admits or requires, any other originating document.

[1]     Order 11B, Service of Documents Outside of the Jurisdiction, inserted by SI 101 of 1994, effective 4 June 1994.

[2]     Order 11B, Service out of the Jurisdiction under the Jurisdiction of Courts and Enforcement of Judgments Act 1998 (1968 and Lugano Conventions), inserted by SI 506 of 2005, effective 10 August 2005.

[3]     Order 11B rule 9 modified by SI 407 of 2007, which inserted “’the 1968 Convention’ has the same meaning as in Order 11A, rule 9” following the definition therein of the 1998 Act.  Amendment effective 29 June 2007.

[4]     Order 11B substituted by SI 307 of 2013, effective 26 August 2013.

[5]     Order 11B rule 4(1) substituted by SI 9 of 2016, effective 12 January 2016.

Order 11C

Service out of the Jurisdiction under Council Regulation (EC) No 2201/2003 (Matrimonial Matters and Matters of Parental Responsibility) [and] Council Regulation (EC) No 4/2009 (Maintenance Obligations)

1. [1] [2] – For the purpose of this Order:

“domiciled” is to be determined in accordance with the provisions of Article 3 of Regulation No 2201/2003;

“the Maintenance Regulation” means Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (OJ L 7/1 of 10 January 2009);

“relevant maintenance proceedings” means proceedings to which the Maintenance Regulation relates;

“relevant matrimonial or parental proceedings” means proceedings to which Regulation No 2201/2003 relates;

“relevant Member State” means:

(a) in the case of relevant maintenance proceedings, a Member State of the European Union other than the State, or

(b) in the case of relevant matrimonial or parental proceedings, a Member State of the European Union other than the State or Denmark;

 “Regulation No 2201/2003” means Council Regulation (EC) No 2201/2003 of 27 November 2003 (OJ L 338/1) concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, and, where the context so admits or requires, shall include reference to Council Regulation (EC) No 1347/2000 of 29 May 2000 (OJ L 160/22) on jurisdiction and the recognition of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses, as amended (which latter Regulation is repealed as from the date of application of Council Regulation (EC) No 2201/2003) and any reference to an Article of Council Regulation (EC) No 2201/2003 shall include reference to the corresponding Article of Council Regulation (EC) No 1347/2000 indicated in Annex V of Council Regulation (EC) No 2201/2003;

“resident” or “habitually resident” is to be determined, in relevant matrimonial or parental proceedings in accordance with the provisions of Article 3 of Regulation No 2201/2003, or relevant maintenance proceedings in accordance with the provisions of Chapter II of the Maintenance Regulation;

“summons” includes, where the context so admits or requires, any other originating document.

2. The provisions of this Order only apply to proceedings which are governed by the terms of Article 1 of Regulation No 2201/2003 or, as the case may be, Chapter II of the Maintenance Regulation and, so far as practicable and applicable, to any order, motion or notice in any such proceedings.

3. The provisions of Order 4, rule 1A; Order 5, rule 14; Order 11D, rule 5(4); Order 13A, rule 2; Order 19, rule 3A; Order 29, rule 8 and Order 121, rule 2A, as each such provision applies to Regulation No 2201/2003, shall apply mutatis mutandis to the Maintenance Regulation, as if references therein to Regulation No 2201/2003 were references to the Maintenance Regulation and with the necessary modifications.

4. Service of an originating summons or notice of summons out of the jurisdiction is permissible without the leave of the Court, if, but only if, it complies with the following conditions:

(a) the claim made by the summons is one which, by virtue of Regulation No 2201/2003 or, as the case may be, Chapter II of the Maintenance Regulation, the Court has power to hear and determine, and

(b) in the case of proceedings governed by the terms of Article 1 of Regulation No 2201/2003, no proceedings

(i)  relating to divorce, legal separation or marriage annulment between the same parties or, as the case may be,

(ii) relating to parental responsibility relating to the same child and involving the same cause of action are pending in a relevant Member State; or

(c) in the case of proceedings governed by Chapter II of the Maintenance Regulation, no proceedings relating to maintenance obligations arising from a family relationship, parentage, marriage or affinity between the same parties and involving the same cause of action are pending in a relevant Member State.

5. Where an originating summons or notice of an originating summons is to be served out of the jurisdiction under rule 4, the time to be inserted in the summons within which the defendant served therewith shall enter an appearance (including an appearance entered solely to contest jurisdiction) shall be:

(a) five weeks after the service of the originating summons or notice of summons, exclusive of the day of service where an originating summons or notice of an originating summons is to be served in the European territory of a relevant Member State, or

(b) six weeks after the service of the originating summons or notice of summons, exclusive of the day of service where an originating summons or notice of summons is to be served in any non-European territory of a relevant Member State.

6. Where two or more defendants are parties to proceedings to which the provisions of this Order apply, but not every such defendant is domiciled or habitually resident in the State or a relevant Member State, the rules as to jurisdiction in Regulation No 2201/2003 or, as the case may be, in the Maintenance Regulation, shall apply.

7. Where the defendant is not, or is not known or believed to be, a citizen of Ireland, notice of summons, and not the summons itself, shall be served upon him.

8. Subject to the provisions of this Order, notice in lieu of summons shall be given in the manner in which summonses are served.

9. Where a defendant wishes to enter an appearance to contest the jurisdiction of the Court, he or she may do so by entering an appearance in Form No 8 in Appendix A, Part II.

10.[3]  Where in any proceedings a judgment is given of a kind referred to in Article 41(1) or Article 42(1) of Regulation No 2201/2003, the Registrar shall, where the conditions specified in Article 41(2) or, as the case may be, Article 42(2), of Regulation No 2201/2003 are satisfied, prepare, for signature by the Judge, the certificate in the form in Annex III or IV, as appropriate, to Regulation No 2201/2003.  Such certificate when signed shall be sealed with the seal of the High Court (or the Court of Appeal or the Supreme Court, as the case may be).  The Registrar shall provide such completed certificate to any party to the proceedings who requests same.

11. To the extent that any rule contained in Order 70, Order 70A, Order 133 or any other Order of these Rules is inconsistent with the provisions of Regulation No 2201/2003, of the Maintenance Regulation or of this Order, the provisions of Regulation No 2201/2003, of the Maintenance Regulation or of this Order shall prevail.

 

[1]     Order 11C, Service out of the Jurisdiction under Council Regulation (EC) No 2201/2003 (Matrimonial Matters and Matters of Parental Responsibility), inserted by SI 506 of 2005, effective 10 August 2005.

[2]     Order 11C substituted by SI 307 of 2013, effective 26 August 2013.

[3]     Order 11C rule 10 amended by SI 485 of 2014, effective 28 October 2014, subject to the provisions of paragraph 2 of SI 485 of 2014. SI 485 of 2014 inserted a reference to the Court of Appeal.

Order 11D

Service of Documents Outside of the Jurisdiction but within the EU

(Regulation No 1393/2007)

1. [1] [2] [3] [4] – In this Order, unless the context or subject matter otherwise requires:

“a Member State” or “Member States” means a Member State or the Member States of the European Union, with the exception of Denmark;

“receiving agency” means the entities designated by the other Member States of the European Union pursuant to Article 2(2) of Regulation No 1393/2007;

“Regulation No 1393/2007” means Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extra-judicial documents in civil or commercial matters (service of documents) and repealing Council Regulation (EC) No 1348/2000 (O.J. L. 324/79);

[5] “Regulation No 2201/2003” has the same meaning as in Order 11C, rule 9;

“summons” includes, where the context so admits or requires, any other originating document;

“transmitting agency” [6] means, as regards the State, the Combined Court Office situate at Castlebar in the County of Mayo or such other authority, or public officer or other person as is for the time being designated by the State pursuant to Article 2(1) of Regulation No. 1393/2007.

2. This Order applies to the service of documents pursuant to Article 1 of Regulation No 1393/2007.

3. (1)  Any party to any proceedings to which Regulation No 1393/2007 applies, who wishes to have a document served pursuant to Regulation No 1393/2007, (in this Order referred to as the “requesting party”) may lodge with the transmitting agency:

(i) two copies of each document to be served with an additional copy thereof for each person to be served;

(ii) a request for service of the document or documents, in the form specified in the Annex to Regulation No 1393/2007;

(iii) an undertaking to pay the costs occasioned by the employment of a judicial officer or of a person competent under the law of the Member State(s) addressed or, where the applicant for service has specified [280] 5 that a particular method of service, as defined at Article 11(2)(b) of Regulation No 1393/2007, be availed of, the costs occasioned by the use of that method of service.

(2) If any request for service does not comply with the provisions of sub-rule (1), the transmitting agency shall inform the requesting party and specify the objections to the request.

(3) The transmitting agency shall maintain a list of the Member States to which Regulation No 1393/2007 applies and the languages specified by each Member State for the purposes of Article 4(3) of Regulation No 1393/2007 and those parts of the relevant Member State to which the relevant language applies.  Such list shall be available for inspection during the opening hours of the office of the County Registrar (or, as the case may be, of the office or offices of such other public officers, authorities or other persons as are for the time being designated by the State pursuant to Article 2(1) of Regulation No 1393/2007) and copies of such information shall be kept for distribution on request.

(4) The transmitting agency shall be responsible for notifying the requesting party of any contact or notice received from the receiving agency pursuant to Article 6(2), 6(3) or 6(4) of Regulation No 1393/2007 in respect of the requesting party’s request for service.

(5) On receipt of the certificate provided for at Article 10 of Regulation No 1393/2007 from the receiving agency, the transmitting agency shall forthwith transmit the certificate (or a copy thereof) to the requesting party.

4. (1) [7] In addition to the method of service described at rule 3, a party to proceedings may choose to request diplomatic or consular agents to effect service in another Member State in accordance with Article 13 of Regulation No. 1393/2007 (save where that Member State has indicated opposition to such method of service, in accordance with Regulation No. 1393/2007) or to effect direct service in accordance with Article 15 of Regulation No. 1393/2007.

(2) The transmitting agency shall maintain a list of any communications by any Member State under Article 23(1) of Regulation No 1393/2007.  Such list shall be available for inspection during the opening hours of the office of the County Registrar or, as the case may be, of the office or offices of such other public officers, authorities or other persons as are for the time being designated by the State pursuant to Article 2(1) of Regulation No 1393/2007.

5. (1) Subject to rule 5(5), judgment shall not be given or entered in default of appearance in the circumstances referred to in Article 19(1) of Regulation No 1393/2007 in any proceedings to which this Order applies until it is established that:

(i) the originating document was served by a method prescribed by the internal law of the Member State addressed for the service of documents in domestic actions upon persons who are within its territory; or

(ii) the originating document was actually delivered to the defendant or to his residence by another method provided for by Regulation No 1393/2007,

and that in either case the service or delivery was effected in sufficient time to enable the defendant to defend the claim.

(2) Judgment in default of appearance shall only be entered with leave of the Court.

(3) An application for leave to enter judgment in default of appearance shall be made by motion on notice and shall be supported by an affidavit verifying the plaintiff’s claim for relief and verifying the steps taken to serve the proceedings and supported by adequate proof thereof.

(4) [8] The affidavit referred to in sub-rule (3) shall also state that in the deponent’s belief:

(i) each claim made by the summons is one which, by virtue of Regulation No. 1215/2012 (or, as the case may be, Regulation No. 2201/2003) or any amendment thereto, the Court has power to hear and determine, and

(ii) no other Court has exclusive jurisdiction within the meaning of Regulation No. 1215/2012 or, as the case may be, of Regulation No. 2201/2003, to hear and determine such claim.

(5) The Court may give leave to enter judgment if no certificate of service or delivery has been received by the transmitting agency from the receiving agency in the Member State in which service was requested to be effected, provided that:

(i) the document was transmitted by one of the methods provided for in Regulation No 1393/2007;

(ii) a period of time (of not less than six months), considered adequate by the Court, has elapsed since the date of transmission of the document, and

(iii) no certificate of any kind has been received from the receiving agency, even though every reasonable effort has been made to obtain it through the competent authorities of the Member State addressed.

(6) The Court may, at any stage, in the event of urgency, make orders for any provisional or protective measures required by the plaintiff.

6. (1) An application to extend time for appealing any judgment obtained in default of appearance shall be made by motion on notice and shall be grounded upon the affidavit of, or on behalf of, the moving party and the Court may, if satisfied that:

(i) the application was made within a reasonable time after the defendant had knowledge of the judgment; and

(ii) the defendant, without any fault on his part, did not have knowledge of the originating document in sufficient time to defend, or knowledge of the judgment in sufficient time to appeal it; and

(iii) the defendant has disclosed a prima facie defence to the action on the merits,

extend the time for appealing same, on such terms and conditions as appear just.

(2) No such application to set aside a judgment obtained in default of appearance shall be entertained if not made within a time that the Court shall deem to be reasonable.

(3) No application to extend the time for appealing the judgment shall be entertained in respect of judgments concerning status or capacity of persons.

7. In the case of default of appearance by any defendant to an originating summons, the plaintiff shall:

(i) in the case of a plenary summons, (other than a personal injuries summons as defined in Order 1A), deliver a statement of claim by filing the same in the Central Office, or

(ii) in the case of a special summons, file a grounding affidavit in the Central Office, or

(iii) in the case of a personal injuries summons, a summary summons or any other originating document, file an affidavit in the Central Office verifying the facts relied upon,

and thereupon may apply to the Court for judgment in default of appearance.

8. Subject to the provisions of this Order, Order 13 shall, so far as practicable, apply to applications under this Order for leave to enter judgment.

9. While the Agreement between the European Community and the Kingdom of Denmark on the service of judicial and extrajudicial documents in civil and commercial matters annexed to Council Decision No 2005/794/EC of 20 September 2005 (OJ L 300/53 of 17 November 2005) signed at Brussels on 19 October 2005 and approved on behalf of the Community by Council Decision No 2006/326/EC of 27 April 2006 (OJ L 120/23 of 5 May 2006) is for the time being in force, notwithstanding any other provision of these Rules to the contrary, the provisions of these Rules which relate to Regulation No 1393/2007 shall apply in relation to the Kingdom of Denmark, to the extent permitted, and subject to any modifications made necessary, by that Agreement, and the provisions of these Rules which relate to the Convention (within the meaning of Order 11E, rule 1) shall not apply.

[1]     Order 11D, Service of Documents Outside of the Jurisdiction but Within the EU (save the Kingdom of Denmark) (Regulation No 1348/2000), inserted by SI 506 of 2005, effective 10 August 2005.

[2]     Title of Order 11D substituted as “Service of Documents Outside of the Jurisdiction but Within the EU (Regulation No 1348/2000)” by SI 407 of 2007, effective 29 June 2007.

[3]     Order 11D rule 9 inserted by SI 407 of 2007, effective 29 June 2007.

[4]     Order 11D substituted by SI 280 of 2009, effective 20 August 2009.

[5]     Definition of “Regulation No. 44/2001” removed from Order 11D rule 1 by SI 9 of 2016, effective 12 January 2016.

[6]     Definition of “transmitting agency” substituted by SI 146 of 2019, effective 15 April 2019.

[7]     Order 11D rule 4(1) substituted by SI 470 of 2018, effective 10 December 2018.

[8]     Order 11D rule 5(4) substituted by SI 9 of 2016, effective 12 January 2016.

Order 121A

Service of Foreign Process (EU save the Kingdom of Denmark – Regulation No 1393/2007)

[1]

1. The Master of the High Court as Central Body for Ireland for the purposes of Regulation No 1393/2007 (within the meaning of Order 11D, rule 1) shall perform the functions of the Central Body referred to in Article 3 of that Regulation.

[1]     Order 121A substituted by SI 280 of 2009, effective 20 August 2009.

Superseded amendments:
Order 121A, “Service of Foreign Process”, inserted by SI 101 of 1994, effective 4 June 1994.  Order 121A renumbered and renamed as Order 121B, “Service of Foreign Process (Denmark and outside the EU)”, by SI 506 of 2005, effective 10 August 2005.  Order 121A, “Service of Foreign Process (EU save the Kingdom of Denmark – Regulation No 1348/2000),” inserted by SI 506 of 2005, effective 10 August 2005.#

 

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