S.I. No. 83/2016 - Rules of the Superior Courts (Order 15) 2016.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 26th February, 2016.

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act 1936 , section 67, and reconstituted pursuant to the provisions of the Courts of Justice Act 1953 , section 15, by virtue of the powers conferred upon us by the Courts of Justice Act 1924 , section 36, the Courts of Justice Act, 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act 1961 , section 48), 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 12th day of February, 2015.

Susan Denham

Sean Ryan

Nicholas Kearns

William McKechnie

Anthony Barr

Paul McGarry

Gerard Meehan

Stuart Gilhooly

Michael Kavanagh

Mary Cummins

Noel Rubotham

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

Dated this 23rd day of February, 2016.

FRANCES FITZGERALD,

Minister for Justice and Equality.

S.I. No. 83 of 2016

RULES OF THE SUPERIOR COURTS (ORDER 15) 2016

1. (1) These Rules, which may be cited as the Rules of the Superior Courts (Order 15) 2016, shall come into operation on the 25th day of February, 2016.

(2) These Rules shall be construed together with the Rules of the Superior Courts.

(3) The Rules of the Superior Courts as amended by these Rules may be cited as the Rules of the Superior Courts 1986 to 2016.

2. The Rules of the Superior Courts are amended by the substitution for rule 16 of Order 15 of the following rule:

“16.An infant may sue as plaintiff by his next friend in the manner heretofore in use, and may, in like manner, defend by his guardian appointed for that purpose. On the infants attaining full age, the next friend or guardian may apply to the proper officer in the Central Office, by production of the infant’s birth certificate or such other evidence as the proper officer may require, for an amendment of the title to the proceedings to describe the party lately an infant as proceeding or defending in his own name. The said officer shall on such application cause the title to the proceedings in the cause book to be amended accordingly.”

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These rules amend Order 15 rule 16 of the Rules of the Superior Courts to simplify the requirements, on an infant attaining full age, for amendment of the title to the proceedings so that the former infant plaintiff can proceed or defend in his or her own name.