High Court Practice Direction 1988

The attention of practitioners is drawn to the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988 (N. 3 of 1988) which came into operation on 1^st June 1988 in accordance with the provisions of Article 2 of the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988 (Commencement) Order, 1988 (S.I. No. 91 of 1988).

Pending the making of amendments to the Rules of the Superior Courts by the Superior Courts Rules Committee, a summons which is to be served out of the Jurisdiction may be issued without the leave of the High Court if, but only if, it complies with the following conditions:

1.  
   1. That each claim made by the summons is one which by virtue of the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act 1988 the Court has power to hear and determine: and
   2. That the summons is endorsed before it is issued with a statement that the Court has power under the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988 to hear and determine the claim, and that no proceedings involving the same cause of action are pending between the parties in another Contracting State.

Contracting State for the purpose of this Practice Direction means Belgium, Denmark, France, The Federal Republic of Germany, Italy, Luxembourg, The Netherlands and the United Kingdom.

The President of the High Court, 1^st June 1998