High Court (Initiation)

Third Party Procedure

Third Party Notice Where a defendant in an action claims as against a person who was not a party to the action that he is entitled to contribution or indemnity or that he is entitled to any relief or remedy related to or connected with the original subject matter of the action and substantially the same as some relief or remedy claimed by the claimant or that a question or issue relating to or connected with the subject matter is substantially the same as that arising in the action and should properly be determined not only between the claimant and defendant but also between the claimant defendant and third party or any of them; the court may give leave to the defendant to issue a third party notice.… Read the rest

Third Parties

Joining a Third Party The rules of court provide a procedure by which a defendant may join another party to the action as a third party. This may be done where the defendant claims against the third party, that he is entitled to either a contribution towards damages to the claimant or to a complete indemnity.… Read the rest

Service Hague Convention

Hague Convention on Service The Hague Convention makes provision for service abroad of judicial and like documents in civil and commercial matters. A wider category of countries is party to the Hague Convention on the service abroad of judicial and extrajudicial documents in civil and commercial matters. … Read the rest

Service Abroad (Non-EU, Non-Hague)

State outside of the EU and the signatory countries to the Hague Convention are subject to the older rules. Personal service is required where reasonably practicable. Substituted service may be granted by order. The courts may authorize service to be made by such method as they may specify where they are satisfied that personal service is not practicable.… Read the rest

Service EU Regulation

EU Service Regulation European Union legislation allows service within the European Union through a special mechanism. The Service Regulation complements the Judgment Regulation. In addition, the Hague convention of service of proceedings in civil and commercial matter may also apply.… Read the rest

Service

Service The service of any summons on the defendant must be undertaken by personal service if it is reasonably practicable. ersonal service is effected by delivering a copy of the summons to the defendant in person and showing him the original or duplicate original.… Read the rest

Parties

Parties to litigation. The Rules of the Superior Court, Order 15 set out the general rules in relation to the proper parties to litigation. The parties to litigation are usually the persons with an interest in the subject matter. … Read the rest

Originating Documents

High Court Summons The Rules of the Superior Courts specify the procedures for the commencement of litigation. In broad terms, proceedings are commenced by a summons, petition or originating motion. Most substantial proceedings are initiated by a summons.… Read the rest

Commencing Proceedings

Issue of Summons A Summons must be issued from the court offices. A number of draft copies are brought to the Central Office and filed. One is sealed with the High Court seal and details of the record number. … Read the rest

Appearance

Appearance The entry of appearance brings the defendant into the proceedings The failure to enter an appearance means that there may be a judgment against the defendant by default. An entry of appearance to a summons must be made within eight days of service of the summons.A… Read the rest