King's Inns Civil Procedure cheat sheet

Civil Procedure - King's Inns

• Jurisdiction is rooted in Article 34 of the Constitution and the Superior Courts Acts 1924–2014; the High Court's full original jurisdiction under Article 34.3.1 is unlimited in amount, and the Circuit and District Courts exercise only the local and limited jurisdiction conferred by statute (Circuit Court: claims up to €75,000; District Court: up to €15,000 in contract and tort).

• The writ of summons is the originating document for plenary actions; it must be issued by the Central Office, bear the court seal, and be served within one year of issue (RSC O.8 r.1), with renewal available on good cause under O.8 r.2. A concurrent plenary summons may be issued to prevent a limitation-period lapse.

• Service of an originating document within the jurisdiction is governed by RSC O.9: personal service on an individual, service on a registered company at its registered office under s.218 Companies Act 2014, or service on a partnership at its principal place of business under O.9 r.2.

• Appearance is entered by filing a memorandum of appearance within eight days of service of a plenary writ (RSC O.12 r.2); failure to appear entitles the plaintiff to judgment in default under O.13, subject to the court's discretion and any DPP or statutory notice requirements.

• The statement of claim must be delivered within 21 days of the notice of intention to defend (RSC O.20 r.1); the defence within 21 days after the statement of claim (O.21 r.1); a reply within 14 days of the defence. Pleadings must state material facts, not evidence, and a party may apply to strike out a pleading that discloses no reasonable cause of action or is scandalous, frivolous, or vexatious (O.19 r.28).

• Summary judgment under RSC O.37 is available where the plaintiff believes the defendant has no defence; the defendant must show a fair or reasonable probability of a genuine defence (First National Commercial Bank v Anglin [1996] 1 IR 75), and the court may grant judgment, grant liberty to defend, or refer issues to plenary hearing.

• Discovery is governed by RSC O.31 and the principles in Framus Ltd v CRH plc [2004] 2 IR 20; the court must be satisfied the documents are relevant and necessary, and privilege (legal professional privilege, litigation privilege, without prejudice) may be claimed. A party may seek non-party discovery under O.31 r.29.

• Interlocutory injunctions follow the Campus Oil v Minister for Industry and Energy [1983] IR 88 test: a fair question to be tried, an adequate damages remedy, and the balance of convenience, with the undertaking as to damages given by the applicant. The test for a mandatory injunction is stricter - a strong case with a clear legal right.

• The limitation periods under the Statute of Limitations 1957 (as amended) are six years for contract and tort, two years for personal injuries (s.3, as inserted by the Civil Liability and Courts Act 2004), and twelve years for land; the court may extend time for personal injuries under s.7 of the 2004 Act where the plaintiff was under a disability or the delay is excusable.