King's Inns Civil Procedure flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Article 34.3.1

The constitutional provision conferring full original jurisdiction on the High Court in all matters and questions, civil or criminal, and the foundation of the court's unlimited monetary jurisdiction.

Circuit Court jurisdiction limit

The Circuit Court's monetary jurisdiction in contract and tort claims, currently €75,000, as set by the Courts and Civil Law (Miscellaneous Provisions) Act 2013.

District Court jurisdiction limit

The District Court's monetary jurisdiction in contract and tort claims, currently €15,000, conferred by statute and exercisable within its local district area.

Plenary summons

The originating document in a plenary action, issued under RSC O.1, which commands the defendant to enter an appearance and is served within one year of issue.

Summary summons

An originating document used in claims for a liquidated sum, where the plaintiff may seek summary judgment under RSC O.37 if the defendant has no genuine defence.

Renewal of summons

The court's power under RSC O.8 r.2 to renew a summons that was not served within one year of issue, on good cause shown and where the defendant will not be prejudiced.

Service within jurisdiction

Personal service on an individual, service on a company at its registered office under s.218 Companies Act 2014, and service on a partnership at its principal place of business.

Service outside jurisdiction

Governed by RSC O.11; leave is required unless the case falls within a listed category (e.g. contract made in Ireland, tort committed here, land situated here).

Memorandum of appearance

The document filed under RSC O.12 by which a defendant acknowledges service and indicates an intention to defend; it must be filed within eight days of service.

Judgment in default

The judgment entered under RSC O.13 where the defendant fails to enter an appearance or to deliver a defence within the prescribed time, subject to the court's discretion.

Statement of claim

The pleading delivered by the plaintiff under RSC O.20, within 21 days of the notice of intention to defend, setting out the material facts relied upon.

Defence

The pleading delivered under RSC O.21 within 21 days of the statement of claim, admitting, denying, or traversing the plaintiff's allegations and raising any positive defence.

Reply

The plaintiff's pleading in answer to the defence, delivered under RSC O.23 within 14 days of the defence, addressing new matters raised and any set-off.

Striking out pleadings

The court's power under RSC O.19 r.28 to strike out a pleading that discloses no reasonable cause of action or is scandalous, frivolous, or vexatious.

Summary judgment test

Under RSC O.37 the defendant must show a fair or reasonable probability of a genuine defence (First National Commercial Bank v Anglin); otherwise judgment may be entered.

Discovery

The procedure under RSC O.31 requiring a party to swear an affidavit of documents and produce relevant and necessary documents, subject to claims of privilege.

Framus v CRH test

The discovery test from Framus Ltd v CRH plc: the documents must be relevant and necessary for disposing fairly of the matter or saving costs.

Legal professional privilege

A privilege protecting confidential communications between a client and legal adviser for the purpose of obtaining legal advice, and communications made in contemplation of litigation.

Interrogatories

Written questions administered under RSC O.32 to be answered on affidavit, used to obtain admissions and narrow the issues in dispute.

Notice to admit

A notice served under RSC O.33 inviting the other party to admit specified facts or documents, thereby reducing the issues and costs at trial.

Campus Oil test

The three-limb test for an interlocutory injunction: a fair question to be tried, an adequate remedy in damages, and the balance of convenience.

Undertaking as to damages

The applicant's undertaking to compensate the respondent for loss suffered if the injunction is later discharged, a usual condition of interlocutory relief.

Mandatory injunction test

A stricter test requiring a strong case with a clear legal right and a high degree of assurance that the applicant will succeed at trial.

Six-year limitation

The limitation period under the Statute of Limitations 1957 for actions founded on contract or tort, running from the date the cause of action accrued.

Two-year personal injuries limitation

The limitation period for personal injuries actions under s.3 of the Statute of Limitations 1957, as inserted by the Civil Liability and Courts Act 2004.

Extension of time

The court's power under s.7 of the Civil Liability and Courts Act 2004 to extend the personal injuries limitation period where the delay is excusable.

Notice of intention to defend

The notice delivered with the memorandum of appearance in a plenary action, triggering the 21-day period for delivery of the statement of claim.

Notice for particulars

A request under RSC O.19 for further details of a pleading, designed to clarify the case and avoid surprise at trial; it must be answered within a reasonable time.

Notice of trial

The document served under RSC O.36 setting the action down for trial once pleadings are closed, accompanied by the setting-down lodgment.

Third-party procedure

The procedure under RSC O.16 by which a defendant claims contribution or indemnity from a third party, commenced by a third-party notice served with leave.

Mediation

A voluntary dispute-resolution process encouraged by the courts under the Mediation Act 2017; parties must consider it before litigation, and costs consequences may follow refusal.

Taxation of costs

The assessment of legal costs by the Taxing Master under RSC O.99, on a party-and-party or solicitor-and-client basis, following a costs order.