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Special Summons

 

Rules of the Superior Courts

Order 3

Procedure By Special Summons

Procedure by special summons may be adopted in the following classes of claims:

(1) The administration of the real or personal estate of a deceased person, or the administration of the trust of any deed or instrument save where there is a charge of wilful default or breach of trust.

(2) The determination of any question affecting the rights or interests of any person claiming to be creditor, devisee, legatee, next-of-kin or heir-at-law of a deceased person, or cestui que trust under the trust of any deed or instrument, or claiming by assignment or otherwise under any such person.

(3)[1] The payment into Court of any money in the hands of executors, administrators or trustees, or the payment into Court in respect of prior incumbrances by a mortgagee in accordance with the Land and Conveyancing Law Reform Act 2009, section 107(1)(a).

(4) A direction to any executors, or administrators or trustees to do or abstain from doing any particular act in their character as such executors or administrators or trustees (including the furnishing and vouching of accounts).

(5) The approval of any sale, purchase, compromise, or other transaction in connection with the administration of any estate or trust.

(6) The determination of any question arising in the administration of any estate or trust or the ascertainment of any class of creditors, legatees, devisees, next-of-kin, or others.

(7) The determination of any question of construction arising under any deed, will, or other written instrument, and a declaration of the rights of the persons interested.

(8) The determination, under the Finance Act 1894, section 14(2), of a dispute as to the proportion of estate duty to be borne by any property or person.

(9) Any relief under the Settled Land Acts 1882 to 1890, or the Conveyancing Acts 1881 to 1911.

(9A)[2]  An order under the Land and Conveyancing Law Reform Act 2009, section 31, section 49(5), section 50(1), section 68, section 97(2), section 100(3) or both section 97(2) and section 100(3).

(10) Where no proceeding is pending by reason whereof the infant is a ward of Court, an application as to any of the following matters:

(a) sections 12, 16 and 17 of the Infants Property Act 1830, as extended to Ireland by the Infants Property (Ireland) Act 1835; section 4 of the Leasing Powers Act for Religious Worship in Ireland 1855, as extended by the Glebe Lands (Ireland) Act 1875, and the Leases for Schools (Ireland) Act 1881;

(b) the settlement of any property of an infant on marriage under the Infants Settlements Act 1855, as extended to Ireland by the Infants Settlements (Ireland) Act 1860.

(c)[3]  [  •  ]

(11)[4] The appointment of a trustee (including a trustee mentioned in the Land and Conveyancing Law Reform Act 2009, section 19) or a new trustee with or without a vesting or other consequential order; or a vesting order or other order consequential on the appointment of a new trustee, whether the appointment is made by the Court or out of Court; or a vesting or other consequential order in any case where a judgement or order has been given or made for the sale, conveyance or transfer of any land or stock; or a vesting order under the Trustee Act 1893, section 39; or an order directing a person to convey.

(11A) An order to resolve a dispute mentioned in the Land and Conveyancing Law Reform Act 2009, section 22.

(11B) An order to approve an arrangement specified in an application under the Land and Conveyancing Law Reform Act 2009, section 24.

(12)[5]  The determination of any question under the Land and Conveyancing Law Reform Act 2009, section 55.

(13)[6] [  •  ]

(14) Any relief under the Trustee Act 1893, sections 42 or 44.

(15)[7] Sale, delivery of possession by a mortgagor, or redemption; reconveyance, or delivery of possession by a mortgagee, otherwise than under the Land and Conveyancing Law Reform Act 2009.

(15A) An action by a mortgagor to which the Land and Conveyancing Law Reform Act 2009, section 94, applies.

(15B) An order on an application by a judgment mortgagee under the Land and Conveyancing Law Reform Act 2009, section 117.

(16) Any relief in respect of funds lodged in Court pursuant to the Land Clauses Consolidation Act 1845, section 69.

(17) An interpleader order.

(18) Applications in connection with the lodgment in Court of any funds, the investment of any funds lodged in Court, or the payment out of any funds lodged in Court, whether pursuant to the provisions of any statute or otherwise, where there is no pending proceedings in respect thereof and no other procedure prescribed or required by these Rules.

(19) Applications for the taxation and delivery of bills of costs and for the delivery by any solicitor of deeds, documents and papers where there is no pending proceeding in which the application may be made.

(20) Any other proceeding in which procedure by special summons is required or authorised by these Rules.

(21)[8] [9]  Any other proceeding which is required or authorised by law and for which no other procedure is prescribed by these Rules.

(22) Such other matters as the Court may think fit to dispose of by special summons.

[1]       Order 3 rule 3 substituted by SI 149 of 2010.  SI 149 of 2010 is effective 10 May 2010, subject to paragraph 2 which reads: “Any application for registration of a lis pendens containing the particulars required by law before 1 December 2009 for such registration which is received after 1 December 2009 and prior to the date mentioned in paragraph 1 shall be deemed to comply with the requirements for registration of a lis pendens in accordance with section 121 of the Land and Conveyancing Law Reform Act 2009.”

[2]       Order 3 rule 9A inserted by SI 149 of 2010.  SI 149 of 2010 is effective 10 May 2010, subject to paragraph 2 which reads: “Any application for registration of a lis pendens containing the particulars required by law before 1 December 2009 for such registration which is received after 1 December 2009 and prior to the date mentioned in paragraph 1 shall be deemed to comply with the requirements for registration of a lis pendens in accordance with section 121 of the Land and Conveyancing Law Reform Act 2009.”

[3]       Order 3 rule 10(c) deleted by SI 97 of 1990, effective 1 May 1990.

[4]       Order 3 rule 11 substituted by rules 11, 11A and 11B by SI 149 of 2010.  SI 149 of 2010 is effective 10 May 2010, subject to paragraph 2 which reads: “Any application for registration of a lis pendens containing the particulars required by law before 1 December 2009 for such registration which is received after 1 December 2009 and prior to the date mentioned in paragraph 1 shall be deemed to comply with the requirements for registration of a lis pendens in accordance with section 121 of the Land and Conveyancing Law Reform Act 2009.”

[5]       Order 3 rule 12 substituted by SI 149 of 2010.  SI 149 of 2010 is effective 10 May 2010, subject to paragraph 2 which reads: “Any application for registration of a lis pendens containing the particulars required by law before 1 December 2009 for such registration which is received after 1 December 2009 and prior to the date mentioned in paragraph 1 shall be deemed to comply with the requirements for registration of a lis pendens in accordance with section 121 of the Land and Conveyancing Law Reform Act 2009.”

[6]       Order 3 rule 13 deleted by SI 97 of 1990, effective 1 May 1990.

[7]       Order 3 rule 15 substituted by rules 15, 15A and 15B by SI 149 of 2010.  SI 149 of 2010 is effective 10 May 2010, subject to paragraph 2 which reads: “Any application for registration of a lis pendens containing the particulars required by law before 1 December 2009 for such registration which is received after 1 December 2009 and prior to the date mentioned in paragraph 1 shall be deemed to comply with the requirements for registration of a lis pendens in accordance with section 121 of the Land and Conveyancing Law Reform Act 2009.”

[8]       Order 3 rule 21 substituted by SI 269 of 2001, effective 16 July 2001.

[9]       Order 3 rule 21 amended by SI 14 of 2007.  SI 14 of 2007 is effective 13 February 2007, subject to paragraph 3 which states: “Nothing in these Rules shall affect the validity of any step taken or any other thing done in any proceedings on any relevant application or in any proceedings on any appeal referred to in Order 84C, rule 1(2) initiated before the commencement of these Rules.  Any such proceedings shall, save where the court in those proceedings otherwise orders, be continued and completed as if these Rules had not been made.”

Order 38

Hearing of Proceedings Commenced by Special Summons

1. Every special summons shall be returnable for such day as the Master shall fix, which, except in such cases where the parties consent to an earlier date, or where no service is required, shall be not less than seven days from the date of issue, and shall, where necessary, be served on the parties concerned at least four days before the return day.  An affidavit verifying the claim indorsed on the summons shall be filed in the Central Office and notice of such filing shall be given to the parties concerned.

2. The Court may direct such other persons to be served with the summons as it may think fit.

3. Save in so far as the Court shall otherwise order, proceedings commenced by special summons shall be heard on affidavit: provided that any party desiring to cross-examine a deponent who has made an affidavit filed on behalf of the opposite party may serve upon the party by whom such affidavit has been filed a notice in writing requiring the production of the deponent for cross-examination, and unless such deponent is produced accordingly his affidavit shall not be used as evidence unless by the special leave of the Court.

4. In cases in which the Master has jurisdiction, he shall have the same power as the Court to hear oral evidence or to direct additional service.

5. In all cases in which he shall have jurisdiction, the Master may decide the matter himself or put it in the Court list for hearing.

6. In all cases in which he shall not have jurisdiction, and in all such other cases which he shall decide to put in the Court list for hearing, the Master shall transfer the summons, when in order for hearing, to the Court list for hearing on the first opportunity.

7. For the purposes of rule 6, or for the purpose of any hearing before himself, the Master may extend the time for filing affidavits and give such directions and adjourn the case before himself as he shall think fit.

8. If at any stage during the course of proceedings instituted by special summons it shall appear to the Court that the determination of some question or questions of fact is necessary for the proper decision or ruling as to the relief to be granted in such proceedings or as to any matter arising therein, the Court may determine such question or questions of fact either by directing the trial of issues in regard thereto or in such other manner (whether summary or otherwise) as may seem convenient for doing justice between the parties; and evidence as to the said question or questions of fact may be given either orally or by affidavit or partly orally and partly by affidavit as the Court may in the circumstances think proper.

9. On the hearing of any special summons, the Master, in a case within his jurisdiction, or the Court, as the case may be, may give judgment for the relief to which the plaintiff may appear to be entitled or may dismiss the action or matter or may adjourn the case for plenary hearing as if the proceedings had been originated by plenary summons with such directions as to pleadings or discovery or settlement of issues or otherwise as may be appropriate, and generally may make such order for determination of the questions in issue in the action or matter as may seem just.

10. The Court may give any special directions touching the carriage or execution of the order, or the service thereof upon persons not parties, as it may think just.

Order 83

Construction of Written Instruments

1. Any person claiming to be interested under a deed, will or other written instrument, may apply by special summons for the determination of any question of construction arising under the instrument, and for a declaration of the rights of the persons interested.

2. The Court may direct such persons to be served with the summons as it may think fit.

3. The application shall be supported by such evidence as the Court may require.

4. The Court shall not be bound to determine any such question of construction if, in its opinion, it ought not to be determined on special summons.

Order 90

The Social Welfare (Consolidation) Act 1981

1.[1] Every appeal under the Social Welfare (Consolidation) Act 1981, Section 299 or Section 300(4) shall be brought by Special Summons.

2.  The summons shall be entitled in the matter of the said Act on the application of the person bringing the appeal, and shall state the decision of the appeals officer appealed against and the grounds of appeal.

3.  The summons shall be served on the Minister for Social Welfare and on all parties to the decision of the appeals officer.

4.  The summons shall be issued within twenty-one days of the date on which notice of the decision of the appeals officer was given to the party appealing; provided that the time within which the summons may be issued may be extended on application ex parte at any time within six weeks from the date on which notice of the decision of the appeals officer was given to the party desirous of appealing.

5.[2] Any question referred to the decision of the High Court by the Chief Appeals Officer under section 299 of the said Act shall be brought by special summons, entitled in the matter of the said Act, on the application of the Chief Appeals Officer.  The summons shall state concisely the question referred for the decision of the Court and shall be served on all parties to the application to the appeals officer.

6.  No costs shall be allowed of any proceedings under this Order unless the Court shall by special order allow such costs.

[1]      Order 90 rule 1 substituted by SI 67 of 1991, effective 21 March 1991.

[2]      Order 90 rule 5 amended by SI 67 of 1991, effective 21 March 1991.  This replaced the words “said Minister” with “Chief Appeals Officer”.

Order 92

The Housing Act 1966

1. Every application under the Housing Act 1966, section 78(2) shall be brought by special summons.

2. The summons shall be entitled in the matter of the Housing Act 1966, and of the compulsory purchase order in question and on the application of the person bringing the application.  It shall state the particular grounds of the application and the relief claimed.

3. The summons shall be served, within ten days after the issue thereof, upon the local authority which made the compulsory purchase order in question and, within twenty-eight days after the issue thereof, on the Minister for the Environment.

4. The evidence on the hearing shall be by affidavit except in so far as the Court may direct oral evidence to be given.

Order 93

The Fisheries (Consolidation) Act 1959

1. Every appeal under the Fisheries (Consolidation) Act 1959, section 11(1)(d), shall be brought by special summons.

2. The summons shall be entitled in the matter of the Fisheries (Consolidation) Act 1959, and on the application of the person bringing the appeal.  It shall state the bye-law, order or licence appealed against and the grounds of appeal.

3. The summons shall be served on the Minister for Fisheries and Forestry.

Order 94

Patents, Designs, Trade Marks and Copyright

I. General

1. In this Order:

“the Controller” means the Controller of Patents, Designs and Trade Marks.

“the Journal” means the Official Journal of Industrial and Commercial Property issued by the Controller pursuant to Statute.

2. Where, pursuant to section 129(5) of the Industrial and Commercial Property (Protection) Act 1927, section 40(4) of the Trade Marks Act 1963, or section 65(5) of the Patents Act 1964, an order, rectifying any register kept under the Acts, directs that notice of the rectification be served on the Controller, the applicant shall serve an attested copy of the order on the Controller who upon receipt thereof shall rectify the register accordingly.

3. Every action for or in respect of the infringement of a patent, trade mark or copyright or for relief under section 131 of the Industrial and Commercial Property (Protection) Act 1927, or section 61 of the Patents Act 1964, shall be commenced by plenary summons.

II. Actions for infringement of patent

4. In an action for infringement of a patent the plaintiff shall deliver with his statement of claim particulars of the breaches relied upon.

5. Particulars of breaches shall specify which of the claims in the specification of the patent sued upon are alleged to be infringed and shall give at least one instance of each type of infringement of which complaint is made.

6. The defendant, if he disputes the validity of the patent, shall deliver with his defence particulars of the objections on which he relies in support of such invalidity.

7. A defendant who, under section 57 of the Patents Act 1964, counterclaims for revocation shall deliver with his counterclaim particulars of the objections to the validity of the patent on which he relies in support of his counterclaim.

8. Particulars of objections shall state every ground upon which the validity of the patent is disputed and shall give such particulars as will clearly define every issue which it is intended to raise.

9. If one of the objections taken in the particulars of objections be want of novelty, the particulars shall state the time and place of the previous publication or user alleged, and if it be alleged that the invention has been used prior to the date of the patent, shall also specify the names of the persons who are alleged to have made such prior user and whether such prior user is alleged to have continued down to the date of the patent, and if not, the earliest and latest dates on which such prior user is alleged to have taken place, and shall also contain a description (accompanied by drawings if necessary) sufficient to identify such alleged prior user, and if such user relates to any machinery or apparatus shall specify whether the same is in existence and where the same can be inspected.  No evidence at variance with any statement contained in such particulars shall be given in support of any objection, and no evidence as to any machinery or apparatus which is alleged to have been used prior to the date of the patent and which is in existence at the date of the delivery of the particulars shall be receivable unless it be proved that the party relying on such prior user has, if such machinery or apparatus be in his own possession, offered inspection of the same, or if not in his own possession, has used his best endeavours to obtain inspection of the same for the other parties to the proceedings.

10. Particulars of breaches and particulars of objections may from time to time be amended by leave of the Court upon such terms as may be just.

11. Further and better particulars of breaches or particulars of objections may at any time be ordered by the Court.

12. At the hearing of an action for infringement of a patent or a counterclaim or petition for revocation of a patent, no evidence shall, except by leave of the Court (to be given upon such terms as to the Court may seem just) be admitted in proof of any alleged infringement or objection not raised in the particulars of breaches or particulars of objections respectively.

13. On the taxation of costs in any such action, counterclaim or petition, the following provisions shall apply:

(1) If the action, counterclaim or petition proceeds to trial on any patent, no costs shall be allowed in respect of any issues raised in the particulars of breaches or particulars of objections and relating to that patent to the parties delivering the same respectively except in so far as such particulars are certified by the Court to have been proven and to have been reasonable and proper without regard to the general costs of the case.

(2)[7] Subject as aforesaid the costs of the issues raised by the particulars of breaches and particulars of objections shall be in the discretion of the Legal Costs Adjudicator.

14. If the defendant in an action for infringement of a patent intends to rely on the insertion by the patentee in any contract of any condition which by virtue of section 54 of the Patents Act 1964, is null and void, he shall deliver with his defence full particulars of the dates of, and parties to, all contracts on which he intends to rely as containing any such condition and of the particular conditions in any such contract on which he intends to rely as being by virtue of that section null and void.  Particulars under this rule may be from time to time amended by leave of the Court upon such terms as to costs and otherwise as to the Court may seem meet.

III. Amendment of specification

15. An application by a patentee under section 32 of the Patents Act 1964, for leave to amend his specification by way of disclaimer, correction or explanation shall be made by motion in the action or proceedings pending before the Court.  Notice of such motion together with a copy of the specification certified by the Controller showing in red ink the amendment proposed to be made shall be served on the other party in such action or proceedings, and in the first instance on such party only.

16. On the hearing of such motion the Court shall decide whether and on what terms as to costs or otherwise the application shall be allowed to proceed.  If the application be allowed to proceed the Court shall give directions as to whether such application shall be heard on oral evidence or on affidavit and, if on affidavit, shall fix the time within which such affidavits shall be filed by the parties respectively and by any other person entitled to be heard under the Act or this rule.

17.[1] If the application be allowed to proceed the applicant shall forthwith serve on the Controller:

(a) a copy of the notice of motion;

(b) copy specification as aforesaid;

(c) an attested copy of the order allowing the application to proceed;

(d) a note of the name and address of the applicant’s solicitor (if any).

18.[2] [3] The Controller, on receipt of such documents, shall cause to be inserted in the next issue of the Journal an advertisement stating:

(a) the number and title of the patent and the name of the patentee;

(b) the proposed amendment;

(c) that any person desiring to oppose the amendment must within fourteen days of the advertisement give to the applicant’s solicitor notice in writing of such desire and must state therein his address for service;

(d) the name and address of the applicant’s solicitor (if any).

19. Any person giving such notice as is mentioned in rule 18 shall be entitled to be heard upon the hearing of the motion.

20.[4] Within seven days after the receipt of any such notice the applicant shall, if the person giving such notice shall have stated therein his address for service, serve on such person:

(a) a copy of the notice of motion;

(b) a copy of the specification as aforesaid;

(c) a copy of the order allowing the application to proceed.

Such service may be made by prepaid registered letter sent to such person through the post to his address for service.

21. Where the Court allows the specification to be amended the applicant shall forthwith lodge with the Controller an attested copy of the order allowing such amendment.  The applicant shall also if required to do so by the Court or the Controller, leave at the Patents Office a new specification and drawings as amended, the same being prepared so far as may be in accordance with the Industrial Property Rules for the time being in force.

22. The Controller shall cause the said order to be advertised at least once in the Journal.

IV. Petition for revocation of a patent

23. Any person presenting a petition for revocation of a patent under section 34 of the Patents Act 1964, shall deliver with his petition particulars of the objections to the validity of the patent on which he relies in support of his petition.

24. The provisions of rules 8 to 13 inclusive in regard to particulars of objections shall apply mutatis mutandis to such a petition and the particulars to be delivered therewith.

25. The respondent to such petition shall be entitled to begin, and to give evidence in support of the patent and, if the petitioner gives evidence impeaching the validity of the patent, the respondent shall be entitled to reply.

V. Petition for extension of the term of a patent

26. A patentee who intends to present a petition to the Court under section 27 of the Patents Act 1964, praying that his patent may be extended for a further term shall advertise his intention to do so twice in Iris Oifigiúil and once in at least two daily newspapers published in Dublin.

27. Such a petition may relate to more than one patent.

28.[5] [6] The advertisement shall state:

(a) the number and title of the patent and the name of the patentee;

(b) that the object of the petition is to obtain an extension of the patent for a further term;

(c) the date on or before which the petition is to be presented to the Court;

(d) that any person desirous of objecting must within fourteen days from such date lodge in the Central Office written notice that he intends to lodge objections and must in such notice give an address for service;

(e) the name and address of the patentee’s solicitor (if any) and the patentee’s address for service.

29. When the first advertisement appears in Iris Oifigiúil the patentee shall send a copy thereof to the Controller for insertion in the next issue of the Journal.

30. A patentee intending to present such petition shall, if he requires an extension of the period within which such petition may be presented apply to the Court ex parte for an order extending such period.  The application may be made before or after the time limited for presentation of the petition and shall be supported by an affidavit to the patentee or his solicitor stating the reasons for the delay.  If the Court shall extend the period it shall in such order fix the date on or before which the petition shall be presented to the Court, and such date shall be stated in the said advertisements.

31. The petition shall be lodged in the Central Office on or before the date stated in the advertisements for presentation of the petition.

32. Within four days of lodging the petition the patentee shall serve a copy thereof on the Controller.

33. There shall be lodged along with the petition:

(a) an affidavit by the petitioner, or his solicitor, that the advertisements prescribed above have been duly published;

(b) a copy of each issue of Iris Oifigiúil and of each of the said newspapers, containing such advertisements;

(c) two printed copies of the specification of the patent.

34. A copy of the petition shall be served on every person who has lodged notice that he intends to lodge objections.

35. Every such person shall within three weeks after the service of a copy of the petition upon him:

(a) lodge in the Central Office particulars of the objections upon which he intends to rely against the granting of the prayer of the petition;

(b) serve upon the petitioner a copy of such particulars;

(c) send to the Chief State Solicitor two copies of such particulars.  Any such person who fails to comply with this rule shall be deemed to have abandoned his objections.  No person shall be entitled to oppose the granting of the prayer of the petition on any grounds not stated in such particulars.

36. Within six weeks after presentation of the petition the petitioner shall:

(a) lodge in the Central Office an affidavit by the petitioner or his solicitor that a copy of the petition has been served on the Controller and every person who lodged notice of his intention to lodge objections;

(b) lodge in the Central Office two copies of the balance sheet of expenditure and receipts relating to the patent, which accounts are to be proved on the hearing of the petition;

(c) send two copies of the said balance sheet to the Controller.

37. The petitioner shall on receiving two days notice give to the Controller or to any person deputed by him for the purpose reasonable facilities for inspecting and making extracts from the books of accounts by reference to which it is proposed to verify the said balance sheet or from which the materials for making up the same have been derived.

38. Any person who has duly complied with rule 35 shall be entitled at his own expense to obtain from the petitioner copies of the said balance sheet.

39. After the expiration of six weeks from the presentation of the petition the petitioner shall apply to the Court by motion for directions as to the proceedings (if any) to be taken preliminary to the hearing of the petition and as to the mode of trial thereof or otherwise with reference thereto and as to the date on which the petition shall appear in the list for hearing.  Notice of this motion shall be served on the Controller and on all persons who have duly complied with rule 35.

40. Upon the hearing of such motion the Court shall fix a date for the hearing of the petition and shall give such further or other directions in regard to advertisement, service or otherwise as it may deem necessary or expedient.

41. The Controller, if he elects or is directed to appear on the question of granting the prayer of the petition, shall not be required to give notice of any objection he may think fit to take.

42. The Court may in cases where opposition has been entered to the prayer of a petition give costs to or against the opponents, but in the event of the Court refusing the prayer of the petition it shall not except under special circumstances give more than one set of costs amongst all the opponents.

43. The Controller shall not be liable in, or entitled to, any costs or expenses.

44. Service of any document which may be required to be served under this part of this Order may be effected by registered post addressed to the person to be served at his address for service.

VI. Appeals to the Court

45. Every appeal to the Court from an order or decision of the Controller or from the award of an arbitrator under section 45 of the Patents Act 1964, or section 41(3) of the Copyright Act 1963, shall be made by special summons.  The summons shall be served upon the Controller and upon all other persons (if any) interested.

46. The summons shall state whether the appeal is from the whole or part only, and if so what part, of the order, decision or award, and shall also state concisely the grounds of the appeal.  No grounds other than those so stated shall, except with the leave of the Court to be given on such terms and conditions as may seem just, be allowed to be taken by the appellant at the hearing.

47. The summons shall be issued within one calendar month from the date of the order or decision of the Controller, or the award of the arbitrator (as the case may be) appealed against, or within such further time as the Controller may have allowed for the purpose.

48. Every such appeal to the Court shall be by way of rehearing; and, subject to the provisions of the Act, every appeal under section 25 of the Trade Marks Act 1963, shall be heard on the materials stated by the Controller to have been used by him in arriving at his decision, and every other appeal shall be heard on the same evidence as that used at the hearing before the Controller.  No further evidence shall be given nor further material brought forward for the consideration of the Court on the hearing of any appeal without the special leave of the Court granted on an application made at or before the hearing; but nothing herein contained shall be deemed to prevent the submission to the Court of a statement in writing by the Controller in pursuance of section 143 of the Industrial and Commercial Property (Protection) Act 1927, section 56(2) of the Trade Marks Act 1963, or section 65(3) of the Patents Act 1964.

49. Where under section 26(10)(b) of the Trade Marks Act 1963, an applicant becomes entitled and intends to withdraw his application, he shall give notice in writing of his intention to the Controller and to the other parties (if any) to the appeal within one calendar month after the leave referred to in those sub-sections has been obtained.

VII.  Other applications to the Court

50. Save as otherwise provided by the Acts or this Order every application to the Court under the Industrial and Commercial Property (Protection) Acts, 1927-1958, the Trade Marks Act 1963, the Copyright Act 1963, or the Patents Act 1964, shall be made by special summons.  The summons shall be served upon the Controller and upon all other persons (if any) interested.

51. Where the Controller, under section 75 of the Industrial and Commercial Property (Protection) Act 1927, refers an application to the Court for trial, the applicant or appellant (as the case may be) shall within one calendar month from the date of such reference apply to the Court by special summons to hear and determine such application or appeal, and unless he so applies he shall be deemed to have abandoned the application or appeal.

52. A party seeking a decision of the Court on a dispute under section 130 of the Industrial and Commercial Property (Protection) Act 1927, or under section 92 of the Patents Act 1964, shall apply by special summons.  Where the application is by a patentee, or by a proprietor of a registered design, the Minister, head of the Department of State concerned, shall be named as defendant, and the summons shall be served on the Chief State Solicitor.  Where the application is by a Minister, the patentee or the proprietor of the registered design (as the case may be) shall be named as defendant.

53. Where the Attorney-General under section 133 of the Industrial and Commercial Property (Protection) Act 1927, or the Controller or the Minister for Industry, Trade, Commerce and Tourism under section 135 of the Industrial and Commercial Property (Protection) Act 1927, or the Controller under section 51 of the Trade Marks Act 1963, section 37 of the Copyright Act 1963, or section 72 of the Patents Act 1964, has made an order that costs be paid by any party, such order may be made a rule of Court on the application of the party to whom such costs are payable.  Such application may be made ex parte grounded on an affidavit entitled in the matter of the Act and the proceedings before the Attorney-General, Controller or Minister (as the case may be).

[1]      Order 94 rule 17(d) amended by SI 307 of 2013, effective 26 August 2013.  This substituted “the name and address in the City of Dublin of the applicant’s solicitor” with “the name and address of the applicant’s solicitor (if any)”.

[2]      Order 94 rule 18(c) amended by SI 307 of 2013, effective 26 August 2013.  This deleted the words “within the jurisdiction” following “address for service”.

[3]      Order 94 rule 18(d) substituted by SI 307 of 2013, effective 26 August 2013.  This substituted “the name and address in the City of Dublin of the applicant’s solicitor” with “the name and address of the applicant’s solicitor (if any)”.

[4]      Order 94 rule 20 amended by SI 307 of 2013, effective 26 August 2013.  This deleted the words “within the jurisdiction” following “address for service”.

[5]      Order 94 rule 28(d) amended by SI 307 of 2013, effective 26 August 2013.  This substituted the words “an address within the jurisdiction at which he can be served with any document” with “an address for service”.

[6]      Order 94 rule 28(e) substituted by SI 307 of 2013, effective 26 August 2013.

[7]      Order 94 rule 13(2) substituted by SI 584 of 2019, effective 3 December 2019.

Order 100

Registration of Business Names Act 1963

1. In this Order “the Act” means the Registration of Business Names Act 1963, and “the Minister” means the Minister for Industry, Trade, Commerce and Tourism.

2. Every application under section 5(3) of the Act shall be made by special summons.

3. (1) Every appeal under section 14(1) of the Act shall be brought by petition which shall be presented within twenty-one days after the person seeking registration has received notice of the Minister’s refusal to permit registration.

(2) A copy of the petition shall be served upon the Minister.

(3) As soon as the petition has been presented, the petitioner shall apply to the Court for directions as to the proceedings to be taken, and on the hearing of such application the Court may make such order as to the publication of notice of the petition and of the day on which it is to be heard and give such other directions as it may think fit.

Housing (Miscellaneous Provisions) Act 1979

1. Every appeal to the Court under the Housing (Miscellaneous Provisions) Act 1979, shall be brought by special summons.

2. The summons shall be entitled in the matter of the said Act, on the application of the person bringing the appeal, and shall state the decision or opinion appealed against and the grounds of appeal.

3. The summons shall be served on the Minister for the Environment.

 

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