S.I. No. 271/2009 - Rules of the Superior Courts (Slip Rule) 2009

S.I. No. 271 of 2009

RULES OF THE SUPERIOR COURTS (SLIP RULE) 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 24th July, 2009.

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act 1936 , section 67, by virtue of the powers conferred upon us by the Courts of Justice Act 1924 , section 36, and the Courts of Justice Act 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act 1961 section 48), and the Courts (Supplemental Provisions) Act 1961 , section 14, and of all other powers enabling us in this behalf, do hereby make the following Rules of Court.

Dated this 11th day of June, 2009.

John L. Murray

Richard Johnson

Joseph Finnegan

Elizabeth Dunne

Lyndon McCann

Paul McGarry

Mary Cummins

Noel Rubotham

Maeve Kane.

I concur in the making of the following Rules of Court.

Dated this 20th day of July, 2009.

DERMOT AHERN,

Minister for Justice, Equality and Law Reform.

S.I. No. 271 of 2009

RULES OF THE SUPERIOR COURTS (SLIP RULE) 2009

1. The Rules of the Superior Courts are amended by the substitution for rule 11 of Order 28 of the following:

“11. Clerical mistakes in judgments or orders, or errors arising therein from any accidental slip or omission, may at any time be corrected without an appeal—

(a) where the parties consent, and with the approval of the Court, by the registrar to the Court,

(i) on the application to the registrar in writing of any party, to which a letter of consent to the correction from each other party shall be attached or

(ii) on receipt by the registrar of letters of consent from each party; or

(b) where the parties do not consent, by the Court,

(i) on application made to the Court by motion on notice to the other party or

(ii) on the listing of the proceeding before the Court by the registrar on notice to each party.”

2. These Rules shall come into operation on the 17th day of August 2009.

3. These Rules shall be construed together with the Rules of the Superior Courts 1986 to 2009 and may be cited as the Rules of the Superior Courts (Slip Rule) 2009.

EXPLANATORY NOTE

(This does not form part of the instrument and does not purport to be a legal interpretation.)

These Rules introduce a new procedure for the correction of clericalmistakes in judgments or orders, or errors in same arising from accidental slips or omissions, and enable such corrections to be effected in certain circumstances without the need for a formal hearing before the Court.