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Order 14

Service out of the Jurisdiction under the 1998 Act, Regulation No. 1215/2012 or the Lugano Convention : S.I. No. 618 of 2015

SERVICE OUT OF THE JURISDICTION UNDER THE 1998 ACT, REGULATION NO. 1215/2012 OR THE LUGANO CONVENTION

1. Notwithstanding the provisions of Order 13, service of a Civil Bill or notice thereof out of the jurisdiction is permissible without the leave of the Court if it complies with the following conditions:

(i) the claim made by the Civil Bill is one which by virtue of:

(a) Regulation No. 1215/2012, or

(b) the Lugano Convention as applied by the 1998 Act, or (c) the 1968 Convention as applied by the 1998 Act, the Court has power to hear and determine; and

(ii) no proceedings between the parties concerning the same cause of action is pending between the parties in another Member State of the European Union or, as the case may be, Contracting State of the Convention concerned; and

(iii) either—

(a) the defendant or other person to be served is domiciled in Ireland or in any other Member State of the European Union or, as the case may be, Contracting State of the Convention concerned, or

(b) the proceedings commenced by the Civil Bill are proceedings to which the provisions of (I) Article 16 of the 1968 Convention or (II) Article 24 of Regulation No. 1215/2012 or (III) Article 22 of the Lugano Convention, concerning exclusive jurisdiction, apply, or

(c) the defendant or other party to be served is a party to an agreement conferring jurisdiction to which the provisions of (I) Article 17 of the 1968 Convention or (II) Article 25 of Regulation No. 1215/2012 or (III) Article 23 of the Lugano Convention, concerning prorogation of jurisdiction, apply.

2. Where the person to be served is not a citizen of Ireland, notice of the document, and not the document itself, is to be served on him.

3. Service of an originating document (or notice of an originating document) to which this Order applies may be:

(a) in accordance with Order 14B, or

(b) where service is effected in a state which is party to the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters done at the Hague on the 15th November 1965, but which is not a Member State of the European Union in which the Regulation referred to in Order 14B, rule 1 is in force, by a method permitted in accordance with that Convention, or

(d) on a defendant or his legal representative in a manner which has been agreed or consented to in writing by the defendant or his legal representative, or

(e) where a defendant is present within the jurisdiction, personally on that defendant in accordance with Order 11, rule 6, or

(f) on a solicitor who has undertaken to accept service, in accordance with Order 11, rule 10.

4. Where a Civil Bill or notice thereof is to be served out of the State under rule 1, the time to be inserted therein within which the person to be served shall enter an appearance shall be—

(i) five weeks where a Civil Bill or notice thereof is to be served in the European territory of another Member State of the European Union or, as the case may be, Contracting State of the Convention concerned, or

(ii) six weeks where a Civil Bill or notice thereof is to be served in any non-European territory of another Member State of the European Union or, as the case may be, Contracting State of the Convention concerned. The time for entering an appearance provided in Order 15, rule 2 shall be modified accordingly.

5. (1) Where a person served desires to contest the jurisdiction of the Court to hear and determine the claim under the provisions of the 1968 Convention, Regulation No. 1215/2012 or the Lugano Convention, he may enter an appearance solely for the purpose of contesting jurisdiction, in the Form 5A.

(2) Any person who desires to contest jurisdiction shall, in addition to entering an appearance for the purpose of contesting jurisdiction, deliver a Defence stating that he contests the jurisdiction of the Court, under the provisions of the 1968 Convention, Regulation No. 1215/2012 or, as the case may be, the Lugano Convention and shall set out therein the grounds upon which jurisdiction is contested. In such cases the appearance which has been entered shall be deemed for the purposes of Article 18 of the 1968 Convention, Article 26 of Regulation No. 1215/2012 or Article 24 of the Lugano Convention to have been entered solely to contest jurisdiction, notwithstanding anything pleaded in the Defence which may go to the merits of the claim.

(3) Where a Defence has been delivered in which jurisdiction is contested, any party to the proceedings may apply to the Court by motion on notice grounded upon affidavit for determination of the question of jurisdiction as a preliminary issue, or the matter may be set down for trial. The Judge may determine the question of jurisdiction on affidavit, or may direct the trial of an issue, with or without pleadings, as he may see fit, and may give such direction in relation thereto as he may see fit.

(4) Any person who desires to contest jurisdiction in proceedings in which there is no provision in these Rules for the delivery of a Defence, shall at the soonest opportunity apply to the Court on fourteen days’ notice to the other party or parties for an order declining jurisdiction and the Judge may determine the question of jurisdiction on affidavit, or may direct the trial of a preliminary issue, with or without pleadings, or may direct that the question of jurisdiction be determined at the hearing of the substantive matter, as he may see fit, and may give such directions in relation thereto as he may see fit.

6. Where a person served with a Civil Bill outside the State pursuant to rule 1 has entered an Appearance, the time within which a Defence should be delivered by him shall be 28 days from the date of entry of his Appearance, or where an application has been brought for an order declining jurisdiction in accordance with rule 5, the time shall be 28 days from the date of determination of that application, unless the Court otherwise orders.

7. 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 European 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 any such amendments, and the provisions of these Rules which relate to the 1968 Convention shall not apply.

[1] Order 14 appears to have been amended by Order 2A (see above), effective 23 December 2004.
[2] Order 14 substituted by SI 597 of 2014, effective 19 December 2014.
[3] Order 14 substituted by SI 618 of 2015, effective 30 December 2015.

Gaeilge

Order 42	Appeals to the Court of Criminal Appeal
General Amendment 2	S.I. No. 188 of 2008: Circuit Court Rules (Jurisdiction, Recognition, Enforcement and Service of Proceedings) 2008
General Amendment 3	S.I. No. 251 of 2009: Circuit Court Rules (Miscellaneous) 2009
General Amendment 4	S.I. No. 276 of 2014: Circuit Court Rules (Registered Post) 2014
General Amendment 5	S.I. No. 317 of 2013: Circuit Court Rules (Personal Insolvency) 2013
General Amendment 6	S.I. No. 379 of 2018: Circuit Court Rules (Fines (Payment and Recovery)) 2018
General Amendment 7	S.I. No. 445 of 2010: Circuit Court Rules (Miscellaneous) 2010
General Amendment 8	S.I. No. 583 of 2009: Circuit Court Rules (Combined Court Offices) 2009
General Amendment 9	S.I. No. 597 of 2014: Circuit Court Rules (Lugano Convention and Maintenance Regulation) 2014
Order 1	Sittings, language and office hours
Order 2	Venue
Order 2A	Jurisdiction and the Recognition and Enforcement of Judgments in Civil or Commercial Matters : S.I. No. 882 of 2004
Order 3	Judges' robes and mode of address to the judges
Order 4	Court Seal and Authentication of Court documents
Order 5	Commencement of proceedings
Order 5A	Procedure by personal injuries summons : S.I. No. 526 of 2005
Order 5B	Actions for Possession and Well-charging Reliefs : S.I. No. 264 of 2009
Order 6	Parties
Order 5C	Defamation Act 2009 : S.I. No. 486 of 2009
Order 7	Third Party Procedure
Order 8	Actions by and against firms and persons carrying on business in names other than their own
Order 9	Joinder of Claims
Order 10	Indorsement of claim
Order 11	Issue of civil bills - service of documents : S.I. No. 132 of 2009
Order 12	Renewal of Civil Bill
Order 13	Service out of the jurisdiction
Order 14	Service out of the Jurisdiction under the 1998 Act, Regulation No. 1215/2012 or the Lugano Convention : S.I. No. 618 of 2015
Order 14A	Service out of the Jurisdiction under: Council Regulation (EC) No 2201/2003 (Matrimonial Matters and Matters of Parental Responsibility) Council Regulation (EC) No 4/2009 (Maintenance Obligations) : S.I. No. 597 of 2014
Order 14B	Service in EU Member States (including the State) of judicial and extra-judicial documents : S.I. No. 883 of 2004 (as amended by S.I. No. 597 of 2014)
Order 15	Appearance, defence, lodgment, offer of payment in lieu of lodgment and counterclaim
Order 16	Security for costs
Order 17	Particulars and further particulars in claim or defence
Order 18	County Registrar
Order 19	Side-bar applications
Order 19A	Case Progression (General) : S.I. No. 539 of 2009
Order 20	Sittings in chambers and interlocutory applications
Order 21	Discontinuance
Order 22	Change of parties
Order 23	Evidence
Order 23A	Taking of evidence for EU Courts : S.I. No. 302 of 2013
Order 24	Attendance of witnesses
Order 25	Affidavits
Order 26	Judgment by default in cases of liquidated demands and claims for delivery of goods and chattels
Order 27	Judgment by default in cases not coming within the preceding order
Order 28	Summary judgment
Order 29	Judgment by consent in the office
Order 30	Review of judgments
Order 31	Admissions
Order 32	Discovery and inspection of documents and interrogatories
Order 33	Trial
Order 33A	Mediation and other alternative dispute resolution processes : S.I. No. 11 of 2018
Order 34	Order as to trial of separate issues
Order 35	Transfer of Actions
Order 35A	European Enforcement Orders : S.I. No. 1 of 2006
Order 35B	European Account Preservation Order : S.I. No. 2012 of 2017
Order 36	Execution
Order 37	Attachment and committal
Order 38	Attachment of debts by garnishee
Order 39	Receiver by way of equitable execution
Order 40	Interpleader
Order 41	Appeals from the District Court
Order 41A	Fines (Payment and Recovery) : S.I. No. 379 of 2018
Order 43	Sales
Order 44	Security
Order 45	Administrators pendente lite and receivers
Order 46	The County Officers and Courts (Ireland) Act, 1877; the Settled Land Acts; the Trustee Relief Acts; and the Trustee Acts
Order 46A	Land and Conveyancing Law Reform Act 2009 : S.I. No.155 of 2010
Order 46B	Multi-Unit Developments Act 2011 : S.I. No. 153 of 2011
Order 47	Persons of unsound mind
Order 47A	Mental Health : S.I. No. 11 of 2007
Order 47B	Applications under the Assisted Decision-Making (Capacity) Act 2015
Order 48	Accounts
Order 49	Intoxicating liquor licences
Order 50	Probate actions
Order 51	Landlord and tenant
Order 51A	Residential Tenancies Act 2004 : S.I. No. 388 of 2005 Circuit Court Rules (Residential Tenancies Act 2004) 2005
Order 52	Malicious injuries
Order 53	Restoration of Companies to the Register pursuant to Chapter 2 of Part 12 of the Companies Act 2014 : S.I. No. 471 of 2015
Order 53A	Examinership : S.I. No. 471 of 2015 Circuit Court Rules (Companies Act 2014) 2015
Order 53B	Investigation of company’s affairs under Part 13 of the Companies Act 2014 : S.I. No. 471 of 2015
Order 54	Housing Act, 1966
Order 55	Housing (Miscellaneous Provisions) Act, 1979 (No. 27 of 1979)
Order 56	Planning
Order 57	Employment
Order 57A	Equal Status Acts 2000 to 2004 : S.I. No. 349 of 2006
Order 57B	Pension Ombudsman : S.I. No. 588 of 2007 & S.I. No. 446 of 2010
Order 58	Local Elections (Petitions and Disqualifications) Act, 1974 (No. 8 of 1974)
Order 59	Family law : S.I. No. 427 of 2018
Order 59A	Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 : S. I. No. 385 of 2011
Order 60	Data protection : S.I. No. 222 of 2019
Order 61	Provision of documentation pursuant to section 14 of the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1998
Order 61A	Jurisdiction and the Recognition and Enforcement of Judgments and Decisions of the Circuit Court in Civil or Commercial Matters : S.I. No. 618 of 2015
Order 62	Cases stated
Order 63	Transfer of trial to the Dublin Circuit Court
Order 64	Motions
Order 64A	Funds in court : S.I. No. 525 of 2005
Order 64B	Procedure in Statutory Applications : S.I. No. 470 of 2009
Order 64C	Procedure in Statutory Appeals : S.I. No. 470 of 2009
Order 66	Costs
Order 65	Amendments
Order 67	General
Order 67A	Recording of Proceedings : S.I. No. 354 of 2008
Amendment to Order 67A	S.I. No. 100 of 2013: Circuit Court Rules (Recording of Proceedings) 2013
Order 68	Sex Offenders Act, 2001
Order 68A	Criminal Justice Act 2006 : S.I. No. 169 of 2007
Order 68B	Criminal Law (Insanity) Act 2006 : S.I. No. 596 of 2007
Order 69	Section 39 Criminal Justice Act, 1994: S.I. No. 448 of 2004
Order 70	European Arrest Warrant Act 2003 : S.I. No. 57 of 2005
Order 71	Taxi Regulation : S.I. No. 350 of 2006
Order 72	Appeals under the Social Welfare Consolidation Act 2005 : S.I. No. 10 of 2007
Order 72A	Health (Repayment Scheme Act 2006) 2007 : S.I. No. 446 of 2007
Order 72B	S.I. No. 585 of 2008: Consumer Protection Act 2007
Order 73	Proceedings under the Personal Insolvency Act 2012 : S.I. No. 317 of 2013
General Amendment 1	S.I. No. 155 of 2010: Circuit Court Rules (Land and Conveyancing Law Reform Act 2009) 2010

Circuit Court Rules

Order 14

Service out of the Jurisdiction under the 1998 Act, Regulation No. 1215/2012 or the Lugano Convention : S.I. No. 618 of 2015

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