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King's Inns Professional Conduct study materials
King's Inns Professional Conduct study resources

King's Inns Professional Conduct: Professional Practice and Procedure

King's Inns Professional Conduct · Work through your exam, one topic at a time.

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Professional Practice and Procedure

Professional Practice and Procedure

This domain tests practical litigation knowledge across the High Court, Court of Appeal, Supreme Court, Circuit Court and District Court, in both civil and criminal matters. You need to know the steps, time limits and documents that move a case from instruction to hearing or appeal.

Civil procedure

  • Jurisdiction. The District Court's civil jurisdiction is generally limited to €15,000; the Circuit Court to €75,000; the High Court has unlimited civil jurisdiction.
  • Limitation. The Statute of Limitations 1957 sets six years for contract and shorter periods for personal injury (two years from date of knowledge under the 1991 amendment). Personal injury claims generally must go to the Personal Injuries Assessment Board (PIAB) before proceedings.
  • Pleadings. Plenary summons, statement of claim, appearance, defence, counterclaim, reply, notice for particulars, discovery and interrogatories.
  • Motions. Ex parte or on notice, grounded on affidavit; relief, costs and directions.
  • Costs. Costs follow the event under RSC Order 99, subject to lodgments, offers of settlement and the court's discretion.
  • Appeals. High Court to Court of Appeal; Court of Appeal to Supreme Court with leave.

Criminal procedure

Arrest, charge, bail, District Court appearance, book of evidence, return for trial, arraignment, trial, verdict and sentence. Appeals go from the District Court to the Circuit Court, and from the Circuit Court or Central Criminal Court to the Court of Appeal.

Worked example

A client was injured in a shop 20 months ago. You must apply to PIAB before issuing proceedings; the personal injury limitation period is two years from the date of knowledge. If the PIAB process is not completed, the court may dismiss the claim as statute-barred or for failure to comply with the 2003 Act. Issue and serve the proceedings promptly after authorisation and diary the return date.

Traps

  • Confusing the €15,000 and €75,000 thresholds.
  • Issuing a personal injury summons without PIAB authorisation.
  • Treating the issue of a summons as the only step; service and proof matter.
  • Missing appeal deadlines.