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.”