Litigation

Termination of Proceedings

Various Means of Termination Proceedings may determine other than by reason of a final court order or a settlement. Most of these instances, involve a default by the claimant. The claimant may also discontinue the proceedings either in the context of a settlement or the apprehended failure of the claim.… Read the rest

Summary Summons Procedure

The Summary Procedure There is a summary procedure in the High Court, which may be used in cases where a full hearing or so called “plenary” hearing of witnesses is or may be unnecessary. This may occur where there is little or no dispute as to the fact.… Read the rest

Summary and Special Procedures

There is a summary procedure in the High Court, which may be used in cases where a full hearing or so called “plenary” hearing of witnesses is or may be unnecessary. This may occur where there is little or no dispute as to the fact.… Read the rest

Statutory Declarations

General Statutory declarations are used for the proof of facts in non-contentious (non-litigation) matters. Statutes commonly require matters to be proved by way of statutory declaration. Legal practice, particularly in conveyancing and commercial transactions and matters, often requires proof of relevant facts and matters by way of a statutory declaration.… Read the rest

Statutory and other ADR

Mediation Mediation has been given an ever-increasing role under the Court rules. In England and Wales 1999 Law Reforms consequent on the Woolf report places an obligation on parties to consider mediation. Parties can be penalized in terms of costs if they refuse to engage in appropriate ADR. … Read the rest

Special Summons Procedure

Overview Special summons usually raise questions of law. Either parties may require make of an affidavit to cross-examine. The Court on hearing of the special summons has a broad discretion to determine questions and issues. It may adjourn the proceedings for preliminary hearing with directions as to pleadings discovery as it may be necessary.… Read the rest

Special PI Requirements

Civil Liability and Courts Act The manner in which personal injuries claims are dealt with has been radically reformed in the last 15 years. This was driven by an attempt to reduce motor insurance premium which appeared to have become abnormally high in Ireland.… Read the rest

Small Claims

Small Claims Jurisdiction The District Court Small Claims procedure is intended as an informal method for resolution of disputes. The proceedings take place before the District Court Clerk, who acts as the Small Claims Registrar. Generally, lawyers will not be involved.… Read the rest

Sheriff Execution III

Orders to Sheriff The principal orders which a sheriff executes under High Court jurisdiction are the following: fieri facias (to seize goods in execution); venditioni exponas (directing a sale of goods for the best price where not sold); delivery; possession In the Circuit Court, the sheriff or County Registrar may execute the following: execution order against goods; execution order against specific chattels; execution order for possession The Enforcement of Court Orders Act 1926 modernised the office of sheriff, in the context of the newly established Irish Free State.… Read the rest

Sheriff Execution II

General The office of Sheriff is a very ancient office, dating back to the early middle ages. Formerly, they played a variety of roles in administration, the judicial sphere as well as in enforcing the law.… Read the rest