King's Inns Civil Procedure key terms

A summons used to commence most High Court actions, naming the parties and stating the relief claimed; it is served with the statement of claim or indorsed with it, and requires an appearance within a fixed time.

A High Court originating document used where the plaintiff seeks judgment without a full trial, typically in liquidated claims; the defendant may obtain leave to defend by showing a fair or reasonable defence.

An originating summons used to seek a court order or direction rather than to pursue a contested action for damages; commonly used in probate, trusts, and statutory applications, and returnable before the Master.

Any document by which proceedings are validly commenced, such as a plenary summons, summary summons, special summons, or originating notice of motion; its form determines service and appearance rules.

The pleading in which the plaintiff sets out the material facts relied on and the relief sought; it must be delivered with or after the summons and be sufficiently particularised to allow the defendant to plead.

The defendant's pleading responding to the statement of claim, admitting, denying, or requiring proof of each allegation and raising any positive case; it must be delivered within the prescribed time after the claim.

A claim brought by the defendant against the plaintiff within the same proceedings, pleaded in the defence or a separate document; it is treated like an independent action and may proceed even if the original claim is dismissed.

A pleading delivered by the plaintiff in answer to the defence or counterclaim, addressing new matters raised; leave is generally needed where the reply goes beyond a bare joinder of issue.

A written statement of a party's case setting out material facts, not evidence or law; its function is to define the issues for trial and give fair notice of the case to be met.

Details supplied by a party to clarify an otherwise general pleading, such as dates, persons, or conduct relied on; they prevent surprise at trial and may be ordered by the court where necessary.

A change to a pleading, permitted at any stage with the court's leave or by consent; the court balances the interests of justice against prejudice to the other side and may attach conditions as to costs.

The formal step by which a defendant indicates an intention to defend or contest the proceedings, historically by entering an appearance; failure to do so may allow judgment in default.

Judgment entered against a defendant who fails to enter an appearance or deliver a defence within time; for liquidated claims it may be entered administratively, while unliquidated claims require application to the court.

The formal delivery of originating documents and pleadings to the opposing party in a manner permitted by the rules, such as personal service, registered post, or electronic means where allowed.

Delivery of a document directly to the party concerned, usually by handing it to the person or leaving it with them; required for certain originating documents unless the rules or court order otherwise provide.

An order permitting service by an alternative method, such as advertisement or delivery to a solicitor, where ordinary service cannot practicably be effected; the court must be satisfied the method will bring notice.

A sworn statement by the person who served a document, describing when, where, and how service was effected; it is the usual evidence used to prove that service has taken place.

A written statement of evidence sworn or affirmed before a person authorised to administer oaths; it is used in interlocutory applications and, where permitted, as evidence at trial.

The document by which an application is made to the court, stating the order sought and the grounds; it is grounded on an affidavit and served on the other parties before the return date.

An application made without notice to the other party, permitted where urgency or the risk of dissipation requires it; the applicant must disclose all material facts fully and fairly to the court.

A temporary order made during proceedings to regulate matters until trial, such as an injunction or direction on discovery; it does not finally determine the substantive rights of the parties.

An interim order restraining conduct pending trial, granted where there is a fair question to be tried and the balance of convenience favours it; the applicant must also give an undertaking as to damages.

An order freezing a defendant's assets to prevent dissipation before judgment can be enforced; it is granted ex parte in urgent cases and normally contains an exception for ordinary living and business expenses.

A promise given to the court by an applicant for an interlocutory injunction to compensate the respondent for loss caused if the order later proves to have been wrongly granted.

The pre-trial process by which parties disclose and exchange documents relevant to the issues, including documents adverse to their own case; it promotes fair and informed preparation for trial.

Written questions administered by one party to another, to be answered on affidavit, used to obtain admissions or clarify the opponent's case; leave is generally required before they may be delivered.

A formal request requiring another party to produce specified documents at trial or for inspection; failure to comply may permit secondary evidence of the document's contents to be given.

A notice served where a defendant has entered an appearance but the plaintiff has not taken the next step within the prescribed period; it allows the plaintiff to proceed after a further delay.

A notice by which a defendant claims contribution, indemnity, or a related remedy against a person not already a party; it brings that person into the proceedings as a third party.

A defence by which a defendant reduces or extinguishes the plaintiff's claim by relying on a reciprocal debt or cross-claim; it may be raised in the defence without a separate action in some cases.

The right of a person to bring or participate in proceedings because they have a sufficient interest in the matter; lack of standing may result in the claim being struck out.

A High Court procedure challenging the lawfulness of a decision or act of a public body; it requires leave, is subject to strict time limits, and examines legality, rationality, and procedural fairness rather than the merits.

A judicial review remedy quashing a decision of an inferior tribunal or public body for error of law, lack of jurisdiction, or breach of fair procedures; it is sought by originating notice of motion.

A judicial review order compelling a public body or officer to perform a public duty that it has unlawfully refused or failed to perform; it does not dictate how a discretion should be exercised.

A judicial review order restraining an inferior tribunal or public body from acting beyond its jurisdiction or in breach of fair procedures; it may be sought before or during the impugned proceedings.

An application to dismiss a claim or defence as disclosing no reasonable cause of action, being frivolous or vexatious, or amounting to an abuse of process; only cases plainly unsustainable are struck out.

Legislation prescribing the time within which proceedings must be commenced, after which the claim is generally barred; periods vary by cause of action and may be extended in limited circumstances.

The expenses of litigation awarded by the court, usually following the event so that the unsuccessful party pays the successful party's costs; the court retains discretion over the amount and incidence.

The process by which the amount of costs payable is assessed by an officer of the court, rather than left to the parties; the party claiming costs lodges a bill for scrutiny and allowance.

A judicial officer of the High Court who deals with many interlocutory and procedural applications, including return of special summonses and taxation matters, and whose decisions may be reviewed by a judge.