A new Statutory Instrument, No.362/2024, Rules of the Superior Courts (Order 11) 2024 ("SI 362 of 2024"), effective from 31 July 2024, has revised Order 11 of the Rules of the Superior Courts ("RSC"). The update streamlines the procedure for seeking leave from the Court for service of proceedings outside Ireland. This will apply to certain categories of proceedings, including those concerning contractual disputes, arbitration, and equitable reliefs. It also introduces a new form of appearance for use by a defendant who intends to contest the jurisdiction of the Court following service. SI 362 of 2024 also introduces a new procedure in relation to the contesting of service.

PROCEDURE

Where a defendant to an action is outside Ireland (1), an application for leave to serve outside of the jurisdiction must be sought in relation to certain categories of proceedings including those concerning lands within the jurisdiction, contractual disputes, arbitration, and equitable reliefs.

An application for leave to serve a summons or notice of a summons, on a defendant outside of Ireland must be supported by affidavit or other evidence that identifies the relevant category of the proceedings within Order 11 of the RSC. The affidavit must set out the facts that make the case relevant to a particular category and confirm that the plaintiff has a valid claim. The deponent must also state the defendant's location and whether the defendant is an Irish citizen or not.

This application must be made prior to issuing the summons and the affidavit will be titled with the names of the parties and “In the Matter of the Courts of Justice Acts 1924 to 2019, and the Courts (Supplemental Provisions) Acts 1961 to 2023.” 

At all times, the Court will consider the generally recognised principles of international law and may require the filing of written legal submissions. The Court will also evaluate if the applicant has provided sufficient evidence to show that they have a good cause of action. 

When leave is granted to effect service or give notice on a defendant outside Ireland, a copy of the Court Order must also be delivered alongside the summons or notice. This Court Order will include a specified timeframe within which the recipient is required to make an appearance. The duration of this timeframe will depend on the geographical location or country in which the summons or notice is delivered. 

The procedure varies if the defendant does not hold Irish citizenship. Notice of the summons and not the summons itself shall be served in place of the original summons along with a copy of the Court Order. 

If a defendant intends to enter an appearance to contest the jurisdiction of the Court following service, an appearance must be entered using the new Form No. 10 in Appendix A, Part II of Order 11, as introduced by S.I. No. 362 of 2024.

CONTESTING SERVICE

S.I. No. 362 of 2024 also amends Order 12, Rule 26 of the Rules of the Superior Courts. The process for defendants who wish to contest the service of a summons, originating document or notice is as follows:

PROCEDURE

1. Written Notice to Registrar of Central Office: Defendants who dispute the service of a summons or other originating documents may submit a written notice to the Registrar of the Central Office and copy the plaintiff, clearly stating that the defendant intends to contest service and must be titled in accordance with the action, cause, or matter concerned. 

2. Application to the Court: Upon delivery of the notice, the defendant is required to make an application to the Court to set aside service or discharge the order authorising service. This involves filing and serving a motion on notice to the plaintiff or initiating party. Order 12, Rule 26(2) safeguards the rights of the plaintiff by allowing them to apply to the Court for an order that could either deem or declare the contested service as good and effective.

3. Impact on Judgement in Default of Appearance: No application for judgment in default of appearance can proceed until the defendant's notice contesting the service is withdrawn or the Court has made a ruling on the matter. This includes orders refusing to set aside or discharge the authorisation of service, or orders declaring the service as good and effective.

CONCLUSION

The introduction of S.I No. 362 of 2024 represents a significant step forward in streamlining the process for serving legal documents outside of Ireland, clarifying the requirements and procedures for both serving and contesting service of documents internationally. 

(1) Leave is not required to be sought from the Court where a Defendant resides in a jurisdiction that is a contracting party to: (i) Regulation (EC) 1215/2012 (the Brussels Regulation); or (ii) the Lugano Convention (Civil and Commercial Matters); and the nature of the proceedings satisfies the criteria set out in Order 11A of the Rules of the Superior Courts.