Important Amendment to Circuit Court Rules - Order 36 Rules 9 and 10
In a recent Circuit Court application, where Kane Tuohy LLP represented the Defendant, O’Connor J delivered Judgment dated 7 March 2024, in which he refused the Plaintiff’s Motion for leave to execute proceedings where the Motion for leave issued outside the 12 years.
Date added
04.12.2024
Author
Hugh Kane with assistance from Kathryn Farrelly
Since delivering his Judgment last month, there have been important changes to the Circuit Court Rules whereby Order 36 Rules 9 and 10 have been amended by removing reference to the twelve-year time limit.
Previously, the Rules provided that every decree and judgment of the Court remains in full force and effect for a period of twelve years from the date of such decree/judgment. An execution order based on any such decree/judgment could be issued within the said period but not after the expiration of six years from the date of such decree/judgment without the leave of the Court.
Now, Statutory Instrument 107/2024, dated 20th March last, removes the reference to the twelve years in respect of decrees and judgments being in force.
The effect of this amendment means an execution order based on any decree or judgment of the Court must be issued within six years of the date of such decree or judgment. After those six years, such execution order may only be issued with the leave of the Court. Any application for such leave may be made by way of motion on notice to the party sought to be made liable.
S.I. No. 107/2024 can be read in full here: S.I. No. 107/2024 - Circuit Court Rules (Order 36) 2024 (irishstatutebook.ie)
Please contact Hugh Kane who leads our Commercial Litigation Department for further information.