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King's Inns Civil Procedure study materials
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King's Inns Civil Procedure practice questions

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Question 1Civil Procedure

In Irish High Court practice, within what period after service of an originating summons must a defendant normally enter an appearance?

  1. Eight days where the summons is served within the State
  2. Twenty-one days in all cases
  3. Ten days where the summons is served within the State Correct answer.
  4. Twenty-eight days from the date of the summons

Explanation

Under the Rules of the Superior Courts, a defendant served with an originating summons within the jurisdiction must enter an appearance within ten days of service. A longer period applies where service is effected outside the State under the rules on service abroad. Failure to appear within time allows the plaintiff to proceed by default.

Question 2Civil Procedure

A plaintiff wishes to sue a company registered in Ireland. Which document ordinarily commences proceedings in the High Court?

  1. A civil bill
  2. A notice of motion
  3. An originating summons Correct answer.
  4. A petition

Explanation

High Court proceedings are generally commenced by originating summons, which may be plenary or summary in form. A notice of motion is an interlocutory application within existing proceedings, not a method of commencing them. A civil bill commences proceedings in the Circuit Court or District Court, not the High Court.

Question 3Civil Procedure

Which court has jurisdiction to hear an appeal from a decision of the High Court on a point of law arising in civil proceedings?

  1. The High Court sitting again as a fresh court
  2. The Circuit Court
  3. The District Court
  4. The Court of Appeal Correct answer.

Explanation

Following the establishment of the Court of Appeal under the Thirty-third Amendment, appeals from the High Court lie to the Court of Appeal. The Supreme Court hears further appeals only where it grants leave, applying the constitutional threshold. The District and Circuit Courts are lower courts and cannot review High Court decisions.

Question 4Civil Procedure

In plenary proceedings, what is the ordinary consequence of a defendant failing to deliver a defence within the time permitted?

  1. The defendant is committed for contempt without further order
  2. The claim is transferred to the District Court
  3. The plaintiff may apply for judgment in default of defence Correct answer.
  4. The proceedings are automatically struck out

Explanation

Where a defendant has entered an appearance but fails to deliver a defence within the prescribed time, the plaintiff may apply to the court for judgment in default of defence. The default is not self-executing, so an application is required. The court retains discretion, including to extend time on appropriate terms.

Question 5Civil Procedure

Which of the following best describes the function of a statement of claim in High Court plenary proceedings?

  1. It lists the documents each party intends to prove
  2. It records the evidence of witnesses to be called at trial
  3. It identifies the legal authorities the judge must follow
  4. It sets out the relief claimed and the material facts relied upon Correct answer.

Explanation

The statement of claim is the pleading in which the plaintiff states the relief sought and the material facts supporting the claim. Its purpose is to define the issues so the defendant knows what must be met. Evidence, witness statements and lists of documents are dealt with by separate procedures.

Question 6Civil Procedure

What is the standard of proof that applies in an ordinary civil action for negligence?

  1. On the balance of probabilities Correct answer.
  2. Beyond reasonable doubt
  3. On a prima facie basis only
  4. To the criminal standard where damages exceed a threshold

Explanation

The civil standard of proof requires the plaintiff to satisfy the court that the claim is more probable than not. This applies across ordinary civil claims, including negligence. The criminal standard of beyond reasonable doubt has no application to civil actions merely because the sum at stake is large.

Question 7Civil Procedure

A party wishes to appeal a Circuit Court civil decision to the High Court on circuit. Within what period after the order is perfected must the appeal ordinarily be lodged?

  1. Seven days
  2. Twenty-one days
  3. Fourteen days
  4. Ten days Correct answer.

Explanation

Appeals from the Circuit Court to the High Court on circuit are governed by the Circuit Court Rules, which ordinarily require the notice of appeal to be served within ten days of the order being perfected. The time limit is short and strictly applied, though extension may be sought. Missing it can be fatal to the appeal unless relief is granted.

Question 8Civil Procedure

What is the primary purpose of case management directions given by the High Court after the close of pleadings?

  1. To fix the level of damages before evidence is heard
  2. To replace the need for any pleadings in the action
  3. To identify and narrow the issues and set a timetable for pre-trial steps Correct answer.
  4. To determine the substantive merits of the claim at an early stage

Explanation

Case management is directed at identifying the real issues in dispute and imposing a timetable for discovery, expert evidence and trial preparation. It streamlines proceedings and discourages delay. It does not decide the merits, dispense with pleadings, or pre-empt the assessment of damages.

Question 9Civil Procedure

A defendant in High Court proceedings believes the plaintiff's statement of claim discloses no reasonable cause of action. What is the appropriate procedural step?

  1. Apply to the District Court to restrain the proceedings
  2. Bring a motion to strike out the claim as disclosing no reasonable cause of action Correct answer.
  3. Seek discovery of the plaintiff's documents before pleading
  4. Deliver a defence denying all allegations and await trial

Explanation

A party may apply to the High Court under the Rules to strike out a pleading that discloses no reasonable cause of action or is otherwise an abuse of process. Such applications are determined on the assumption that the pleaded facts are true. The jurisdiction is exercised sparingly and only in clear cases.

Question 10Civil Procedure

In High Court proceedings, a plaintiff seeks an interlocutory injunction to preserve the status quo pending trial. Which test does the court apply?

  1. Whether damages would exceed a fixed statutory threshold
  2. Whether the plaintiff will certainly succeed at trial
  3. Whether the defendant has already entered an appearance
  4. Whether there is a fair question to be tried and the balance of convenience favours the grant Correct answer.

Explanation

The court asks whether there is a serious or fair question to be tried and then weighs the balance of convenience, including whether damages would be an adequate remedy. The strength of the plaintiff's case may be considered where the balance is finely poised. The threshold is deliberately lower than proof of likely success.

Question 11Civil Procedure

A party fails to comply with a direction requiring delivery of a list of documents by a fixed date. What is the court's most likely response on the other party's application?

  1. It must refer the matter to the Director of Public Prosecutions
  2. It may make an order compelling compliance, with costs consequences and possible sanctions Correct answer.
  3. It has no power to act once the deadline has passed
  4. It must dismiss the entire action automatically

Explanation

Where a party breaches a case management direction, the court may order compliance, award costs against the defaulting party, and impose further sanctions such as striking out a claim or defence. The court's jurisdiction is not exhausted by the passing of the deadline. Automatic dismissal does not follow from a single failure to deliver documents.

Question 12Civil Procedure

A plaintiff wishes to serve proceedings on a defendant resident in another EU member state in a civil and commercial matter. Which regime ordinarily governs service?

  1. The domestic rules alone, without any European instrument
  2. Service by registered post is prohibited in all such cases
  3. The Service of Documents Regulation governing service between member states Correct answer.
  4. The Hague Service Convention, to the exclusion of EU law

Explanation

Service between EU member states in civil and commercial matters is governed by the EU Service of Documents Regulation, which provides for transmission between designated agencies. Domestic rules apply only where no European instrument governs. The Hague Convention operates where EU law does not, and postal service is not universally prohibited.

Question 13Civil Procedure

What is the effect of a notice of discontinuance served by a plaintiff in High Court proceedings?

  1. It operates as a judgment on the merits in the plaintiff's favour
  2. It has no effect unless the defendant consents
  3. It ends the proceedings but may expose the plaintiff to an order for costs Correct answer.
  4. It transfers the claim to the Court of Appeal

Explanation

A plaintiff may discontinue proceedings by serving notice, which brings the action to an end without a determination on the merits. The default position is that the discontinuing party bears the costs, unless the court orders otherwise. Discontinuance is not a judgment and does not require the defendant's consent.

Question 14Civil Procedure

Which statement correctly describes the rule in relation to the amendment of pleadings in High Court proceedings?

  1. The court may permit amendment on such terms as to costs and timing as it considers just Correct answer.
  2. Amendment is permitted only before the summons is served
  3. Pleadings may never be amended once a defence has been delivered
  4. Amendment requires the consent of the opposing party in every case

Explanation

The court has a discretion to allow amendments to pleadings where this will enable the real issues to be determined, usually on terms as to costs and sometimes with an adjournment. Amendments may be refused where they cause prejudice that cannot be compensated. Consent is one route, but it is not required in every case.

Question 15Civil Procedure

In considering an application for discovery of documents, what is the principal criterion the court applies?

  1. Whether the documents are necessary for disposing fairly of the cause or for saving costs Correct answer.
  2. Whether the documents are in the public domain
  3. Whether the requesting party has already won an interlocutory motion
  4. Whether the requesting party has paid a prescribed court fee

Explanation

Discovery may be ordered where the documents are relevant and necessary for the fair disposal of the proceedings or for saving costs. The court balances the burden of disclosure against its value to the just resolution of the issues. Relevance alone is not always sufficient, and proportionality is central.

Question 16Civil Procedure

A defendant wishes to challenge the jurisdiction of the Irish courts on the ground that the parties agreed to litigate in another EU member state. What should the defendant do at the outset?

  1. Enter an appearance and apply promptly to dismiss or stay the proceedings for want of jurisdiction Correct answer.
  2. Commence a separate action in the District Court
  3. Ignore the proceedings and await judgment in default
  4. Deliver a full defence on the merits without any reservation

Explanation

A challenge to jurisdiction should be raised promptly, normally by entering an appearance and applying to dismiss or stay the proceedings. Contesting the merits without reservation may be treated as submission to the jurisdiction. Ignoring the proceedings risks a default judgment.

Question 17Civil Procedure

Which of the following is the correct description of a notice party in judicial review proceedings?

  1. A witness who gives oral evidence at the hearing
  2. A person or body whose interests may be affected by the outcome and who is entitled to be heard Correct answer.
  3. The solicitor who files the papers in the Central Office
  4. The judge assigned to hear the application

Explanation

In judicial review, the respondent is the decision-maker, while a notice party is a person or body with a sufficient interest in the outcome who is joined so as to be bound and heard. Notice parties commonly include a party who benefited from the impugned decision. The judge, witnesses and court officials are not notice parties.

Question 18Civil Procedure

What is the usual time limit for making an application for judicial review of an administrative decision under the Rules of the Superior Courts?

  1. Twenty-one days from the date of the decision
  2. Three months from the date the grounds first arose Correct answer.
  3. Twelve months from the date of the decision
  4. Six months from the date of the decision

Explanation

An application for leave to apply for judicial review must generally be made promptly and, in any event, within three months from the date when the grounds for the application first arose. The court may extend time for good reason. Delay and promptness are both relevant considerations.

Question 19Civil Procedure

A plaintiff obtains judgment in default of appearance and the defendant later seeks to have it set aside. Which factor is central to the court's discretion?

  1. Whether the sum claimed exceeds a particular amount
  2. Whether the judgment was entered by a particular court official
  3. Whether the plaintiff has already instructed counsel
  4. Whether the defendant has a good defence and an explanation for the default Correct answer.

Explanation

The court's discretion to set aside a default judgment turns on whether the defendant has a defence with a real prospect of success and a reasonable explanation for the failure to appear. Prejudice to the plaintiff and the interests of justice are also weighed. The identity of court staff or counsel is immaterial.

Question 20Civil Procedure

In High Court proceedings, which document must a plaintiff normally serve together with the originating summons in plenary actions?

  1. The defence
  2. The notice of trial
  3. The list of documents
  4. The statement of claim Correct answer.

Explanation

In plenary proceedings the statement of claim is ordinarily served with the originating summons or within the time thereafter permitted by the rules. It informs the defendant of the case to be met. The defence, discovery and notice of trial all come later in the sequence.

Question 21Civil Procedure

A party seeks to adduce expert evidence in a High Court personal injuries action. Which principle governs the court's approach to such evidence?

  1. Expert evidence is admissible only if both parties agree
  2. Experts may advocate the case of the party who retains them
  3. The expert's duty is to assist the court and the evidence must be necessary and proportionate Correct answer.
  4. Only experts resident in the jurisdiction may give evidence

Explanation

An expert's overriding duty is to the court rather than to the retaining party, and the court controls the admission of expert evidence with regard to necessity and proportionality. Experts may be required to give a declaration acknowledging this duty. Agreement of the parties is not a precondition to admissibility.

Question 22Civil Procedure

What is the significance of the 'perfection' of a court order in Irish civil procedure?

  1. It marks the point from which time to appeal generally begins to run Correct answer.
  2. It extinguishes any right of appeal
  3. It transfers the case to the Court of Appeal automatically
  4. It confirms that the order has been fully complied with

Explanation

An order is perfected when it is drawn up and entered in the Central Office, and time for appealing generally runs from that date. Perfection is an administrative step that fixes the operative date of the order. It does not itself enforce the order or remove appeal rights.

Question 23Civil Procedure

A party wishes to rely on new evidence discovered after the close of pleadings and shortly before trial. Which course is most consistent with proper procedure?

  1. Deliver a fresh statement of claim in a separate action
  2. Withhold the evidence until after judgment and raise it on appeal
  3. Introduce the evidence orally at trial without notice to the other side
  4. Apply to amend the pleadings and to admit the evidence, addressing any prejudice to the other party Correct answer.

Explanation

A party seeking to rely on evidence outside the pleaded case should apply to amend and to admit the evidence, with the court considering prejudice and possible costs or an adjournment. The objective is to determine the real issues without unfair surprise. Springing new material at trial or on appeal undermines that objective.

Question 24Civil Procedure

Which statement best captures the effect of the doctrine of res judicata on a subsequent civil action?

  1. It bars relitigation of a matter already finally determined between the same parties Correct answer.
  2. It permits a losing party to reopen the merits by issuing a fresh summons
  3. It requires all future claims to be brought in the District Court
  4. It suspends the running of time for appeals

Explanation

Res judicata prevents the same parties from relitigating a matter that has been finally decided by a court of competent jurisdiction. It protects the finality of judgments and prevents abuse of process. A dissatisfied party must appeal rather than commence a fresh action on the same issue.

Question 25Civil Procedure

In determining whether to grant an order for security for costs against a plaintiff, which consideration is generally relevant to the court's discretion?

  1. Whether the plaintiff has a fixed address and sufficient assets within the jurisdiction to meet a costs order Correct answer.
  2. Whether the defendant has instructed senior counsel
  3. Whether the plaintiff's solicitor is a member of a particular professional body
  4. Whether the claim involves a jury

Explanation

Security for costs is concerned with whether the plaintiff can satisfy an award of costs if unsuccessful, and the court considers factors such as residence, assets within the jurisdiction and the merits. The discretion is broad and must be exercised justly, bearing in mind that an order may stifle a genuine claim. The identity of lawyers or the mode of trial is not the governing consideration.

Question 26Civil Procedure

In Irish civil proceedings, which document normally commences an action in the High Court by way of plenary procedure?

  1. A special summons
  2. A notice of motion
  3. An originating summons Correct answer.
  4. A summary summons

Explanation

Plenary proceedings in the High Court are commenced by an originating summons, which is followed by a statement of claim. A summary summons is used where the plaintiff seeks a liquidated sum and intends to apply for summary judgment, while a special summons is used in specified non-contentious or statutory matters.

Question 27Civil Procedure

A plaintiff's claim in the High Court is for a liquidated sum and the defendant has not entered an appearance. What is the usual procedural route for the plaintiff to obtain judgment without a trial?

  1. Seek an order for discovery
  2. Serve a notice to produce
  3. Issue a motion for directions
  4. Apply for judgment in default of appearance Correct answer.

Explanation

Where a defendant fails to enter an appearance in a claim for a liquidated sum, the plaintiff may apply for judgment in default of appearance under the Rules. The application is made on affidavit and grounded on proof of service of the summons.

Question 28Civil Procedure

Which court ordinarily hears an appeal from a decision of the Circuit Court in a civil action where the appeal is brought to the High Court?

  1. The Supreme Court
  2. The High Court sitting on circuit Correct answer.
  3. The District Court
  4. The Court of Appeal

Explanation

Civil appeals from the Circuit Court lie to the High Court and are heard by a High Court judge sitting on circuit in the relevant circuit. The Court of Appeal hears appeals from the High Court, not directly from the Circuit Court in this manner.

Question 29Civil Procedure

In High Court proceedings, what is the effect of a party serving a notice of intention to proceed after a long period of inactivity in the case?

  1. It transfers the case to the Court of Appeal
  2. It stays all interlocutory applications indefinitely
  3. It requires the opposing party to take a step within a set time or risk the case being struck out Correct answer.
  4. It automatically dismisses the proceedings

Explanation

A notice of intention to proceed is used where there has been prolonged delay, and it puts the other party on notice to act within the period allowed by the Rules. Failure to respond can expose that party to an application to dismiss for want of prosecution.

Question 30Civil Procedure

A defendant in High Court proceedings wishes to assert that the plaintiff's claim is barred by the Statute of Limitations. How should that be raised?

  1. By applying for security for costs
  2. By motion to strike out the claim before pleading
  3. By pleading it in the defence Correct answer.
  4. By seeking discovery of the plaintiff's files

Explanation

A limitation defence is a substantive defence that must be specifically pleaded in the defence. It is not generally determined on a preliminary motion before pleadings close.

Question 31Civil Procedure

In Irish civil procedure, what is the general rule concerning costs of an action?

  1. Costs are determined solely by the amount claimed
  2. Costs are always awarded to the defendant
  3. Costs follow the event, so the unsuccessful party normally pays the successful party's costs Correct answer.
  4. Each party always bears its own costs

Explanation

The starting principle is that costs follow the event, meaning the losing party ordinarily bears the winner's costs. The court retains discretion and may make a different order in appropriate circumstances.

Question 32Civil Procedure

Which body of rules principally governs the practice and procedure of the Superior Courts in Ireland?

  1. The Circuit Court Rules
  2. The Rules of the Superior Courts Correct answer.
  3. The Rules of the Court of Appeal only
  4. The District Court Rules

Explanation

The Rules of the Superior Courts govern procedure in the High Court, Court of Appeal and Supreme Court. The Circuit Court Rules and District Court Rules apply to the lower courts.

Question 33Civil Procedure

A defendant in a High Court action wishes to bring a claim against a third party who is not already a party to the proceedings, alleging that the third party is liable to contribute to the plaintiff's claim. What is the appropriate procedural step?

  1. Issue a separate originating summons against the third party
  2. Issue and serve a third party notice Correct answer.
  3. Apply for an order for discovery against the third party
  4. Serve a notice of indemnity on the plaintiff

Explanation

A defendant seeking contribution or indemnity from a non-party does so by issuing and serving a third party notice under the Rules. This brings the third party into the existing proceedings rather than requiring a separate action.

Question 34Civil Procedure

In High Court proceedings, a plaintiff applies for summary judgment against a defendant who has entered an appearance. What must the plaintiff establish to succeed?

  1. That the defendant has failed to comply with discovery
  2. That the plaintiff's claim exceeds a specified monetary threshold
  3. That the defendant has no bona fide defence and the appearance was entered solely to delay Correct answer.
  4. That the claim has already been determined by the Circuit Court

Explanation

On an application for summary judgment the plaintiff must show that the defendant has no credible defence and that the appearance was entered to delay. If a genuine issue requiring trial is disclosed, the court will refuse summary judgment and allow the matter to proceed to plenary hearing.

Question 35Civil Procedure

A party in High Court proceedings wishes to obtain documents that are in the possession of a non-party. What is the appropriate application?

  1. An application to amend the pleadings
  2. An application for judgment in default of appearance
  3. An application for discovery against a non-party Correct answer.
  4. An application for further and better particulars

Explanation

Where documents relevant to the proceedings are held by someone who is not a party, the court may make an order for discovery against that non-party on application. The applicant must show the documents are relevant and necessary for the fair disposal of the case.

Question 36Civil Procedure

What is the principal purpose of the exchange of witness statements or a written statement of evidence in advance of a High Court trial?

  1. To constitute the pleadings in the action
  2. To replace the need for oral testimony entirely
  3. To inform the other side of the evidence to be given and to promote settlement and efficient trial management Correct answer.
  4. To satisfy the requirement of entering an appearance

Explanation

The exchange of witness statements gives each party notice of the evidence the other intends to lead, which assists case management, encourages settlement and reduces surprise at trial. Witnesses will ordinarily still give oral evidence and be cross-examined.

Question 37Civil Procedure

A party to High Court proceedings wishes to adduce evidence from a witness who is outside Ireland and unwilling to travel. Which procedure may be used to obtain that evidence?

  1. A motion for judgment in default
  2. An application for security for costs
  3. Letters of request or a commission to examine the witness abroad Correct answer.
  4. An application to transfer the case to the District Court

Explanation

Where evidence must be taken from a witness abroad, the court may issue letters of request to the foreign court or appoint a commissioner to take the evidence. This allows testimony to be captured for use in the Irish proceedings.

Question 38Civil Procedure

In High Court proceedings, what is the effect of a consent order made by the court?

  1. It lapses automatically after six months
  2. It is merely advisory until confirmed at trial
  3. It can only be enforced by the Circuit Court
  4. It is binding in the same way as an order made after a contested hearing Correct answer.

Explanation

A consent order is a court order and carries the same binding and enforceable quality as an order made after contest. It may be set aside only in limited circumstances, such as fraud or material non-disclosure.

Question 39Civil Procedure

A defendant in High Court proceedings believes the plaintiff's claim is frivolous and vexatious. What is the appropriate application?

  1. An application for an order for discovery
  2. A motion to strike out the claim as disclosing no reasonable cause of action Correct answer.
  3. A motion for further and better particulars
  4. A motion for judgment in default of defence

Explanation

Where a claim is frivolous, vexatious or discloses no reasonable cause of action, the defendant may apply to strike it out. The court examines whether the claim is bound to fail or is an abuse of process.

Question 40Civil Procedure

In High Court proceedings, what must a party show to obtain an order for interrogatories?

  1. That the trial date has already been fixed
  2. That the claim is for a liquidated sum
  3. That the opposing party has failed to enter an appearance
  4. That the answers sought are relevant to a matter in question and necessary for disposing fairly of the case Correct answer.

Explanation

Interrogatories are permitted where the questions relate to matters in issue and are necessary for the fair and efficient disposal of the proceedings. The court balances relevance against any oppression or burden.

Question 41Civil Procedure

Which of the following best describes the role of the Master of the High Court in civil proceedings?

  1. To determine constitutional challenges to legislation
  2. To sit as an appellate court from the Circuit Court
  3. To hear the full plenary trial of every action
  4. To hear certain interlocutory applications and perform functions assigned by the Rules Correct answer.

Explanation

The Master of the High Court exercises jurisdiction over specified interlocutory matters and other functions assigned by the Rules of the Superior Courts. Plenary trials and constitutional challenges remain with the judges of the High Court.

Question 42Civil Procedure

A plaintiff in a High Court personal injuries action has been ordered to undergo a medical examination by the defendant's doctor. The plaintiff objects. What is the court's approach?

  1. The court must always refuse the application
  2. The court may order the examination where it is relevant and necessary for a fair trial, with safeguards for the plaintiff Correct answer.
  3. The court may only order examination by the plaintiff's own doctor
  4. The court has no power to order any medical examination

Explanation

The court has jurisdiction to order a medical examination where the plaintiff's physical or mental condition is in issue, provided the order is necessary for a fair trial and contains appropriate safeguards. Refusal to comply may have costs or evidential consequences.

Question 43Civil Procedure

What is the effect of a settlement reached between the parties before trial in High Court proceedings?

  1. The settlement is void unless approved by the Minister for Justice
  2. The settlement automatically becomes a judgment of the Supreme Court
  3. The proceedings may be struck out or a consent order made, and the settlement is binding Correct answer.
  4. The settlement has no effect until ratified by the Court of Appeal

Explanation

A settlement is a binding contract between the parties and the proceedings are usually struck out or a consent order is made to reflect its terms. Once finalised, a party cannot ordinarily reopen the settled claim.

Question 44Civil Procedure

In High Court proceedings, a party wishes to appeal an interlocutory order to the Court of Appeal. What is the general position on the taking of such appeals?

  1. Interlocutory orders can never be appealed
  2. An appeal lies with leave or as of right depending on the nature of the order, and the appeal does not automatically stay the proceedings Correct answer.
  3. Interlocutory appeals are heard by the District Court
  4. Every interlocutory order is automatically stayed by lodging an appeal

Explanation

The availability of an interlocutory appeal depends on whether the order is one for which leave is required or one from which an appeal lies as of right. Lodging an appeal does not automatically stay the underlying proceedings unless a stay is granted.

Question 45Civil Procedure

A party seeks to rely on the doctrine of issue estoppel in later High Court proceedings. What must that party establish?

  1. That the same issue was finally determined by a competent court in earlier proceedings between the same parties or their privies Correct answer.
  2. That the earlier proceedings concerned a similar but not identical issue
  3. That the later claim involves a larger sum of money
  4. That the earlier court was the Supreme Court

Explanation

Issue estoppel requires that the precise issue was finally and conclusively determined by a competent court in earlier proceedings involving the same parties or their privies. It prevents re-litigation of that issue even where the later claim is differently framed.

Question 46Civil Procedure

In High Court proceedings, a plaintiff wishes to amend the statement of claim after the close of pleadings to add a new cause of action that is otherwise statute-barred. What is the court's approach?

  1. The court may permit amendment where the new claim arises out of substantially the same facts as the original claim Correct answer.
  2. The court may only permit amendment with the written consent of the defendant
  3. The court must always refuse any amendment once pleadings have closed
  4. The court must automatically allow any amendment regardless of prejudice

Explanation

The court has a discretion to allow amendments, and a statute-barred new claim may be permitted where it arises out of substantially the same facts as the existing claim. The court will also consider prejudice to the other side and the interests of justice.

Question 47Civil Procedure

A defendant in High Court proceedings seeks to have the proceedings stayed on the ground that the dispute is covered by an arbitration agreement. What is the general approach of the Irish courts?

  1. The court will order discovery before considering the stay
  2. The court will always refuse a stay because arbitration ousts its jurisdiction
  3. The court will transfer the case to the Court of Appeal
  4. The court will generally grant a stay unless the arbitration agreement is null and void, inoperative or incapable of being performed Correct answer.

Explanation

Under the arbitration framework, a court before which an action is brought on a matter covered by an arbitration agreement will refer the parties to arbitration unless the agreement is null and void, inoperative or incapable of being performed. The court retains a limited supervisory role.

Question 48Civil Procedure

In High Court proceedings, a party applies for an order compelling the attendance of a witness who has failed to comply with a witness summons. What is the appropriate step?

  1. Apply for an attachment or committal for contempt of court Correct answer.
  2. Apply for an order to transfer the case to the Circuit Court
  3. Apply for judgment in default of appearance
  4. Apply for an order for security for costs

Explanation

Failure to comply with a witness summons may be treated as contempt, and the court can compel attendance through attachment or committal. This coercive jurisdiction underpins the effectiveness of witness summonses.

Question 49Civil Procedure

A party in High Court proceedings seeks to set aside a judgment obtained in default on the ground that it was obtained by fraud. What is the appropriate procedural approach?

  1. Bring a separate action to set aside the judgment for fraud Correct answer.
  2. Apply to the Court of Appeal for leave to appeal out of time
  3. Apply for an order for discovery against the court registrar
  4. Apply for further and better particulars of the judgment

Explanation

A judgment obtained by fraud may be set aside, but the ordinary route is a fresh action brought for that purpose rather than a collateral attack. The fraud must be established by evidence and could not have been discovered earlier with reasonable diligence.

Question 50Civil Procedure

Under the Rules of the Superior Courts, which document initiates most civil proceedings in the High Court?

  1. Plenary summons Correct answer.
  2. Civil bill
  3. Summary summons
  4. Originating notice of motion

Explanation

A plenary summons is the standard originating document for High Court actions where facts are disputed and a full trial is contemplated. It commands the defendant to enter an appearance and, if so advised, to deliver a defence within the time prescribed by the Rules.