King's Inns Barrister-at-Law - Civil Procedure (Ireland)

What is the general monetary jurisdiction limit of the District Court in Irish civil proceedings (excluding personal injury actions)?

• A€6,350
• B€15,000
• C€75,000
• D€150,000

What is the general monetary jurisdiction limit of the Circuit Court in civil proceedings (excluding personal injury claims)?

• A€15,000
• B€60,000
• C€75,000
• D€100,000

Under the Courts and Civil Law (Miscellaneous Provisions) Act 2013, what is the monetary jurisdiction limit of the Circuit Court specifically for personal injury actions?

• A€15,000
• B€60,000
• C€75,000
• DUnlimited

Which Irish court has full original jurisdiction and the power to determine all matters and questions, whether of law or fact, civil or criminal, under the Constitution?

• AThe Supreme Court
• BThe Court of Appeal
• CThe High Court
• DThe Circuit Court

What is the minimum claim value required for a case to be entered into the Commercial List (Commercial Court) of the High Court under Order 63A of the Rules of the Superior Courts?

• A€500,000
• B€1,000,000
• C€2,500,000
• D€5,000,000

Which of the following courts does NOT have jurisdiction to declare an Act of the Oireachtas unconstitutional?

• AThe Supreme Court
• BThe High Court
• CThe Circuit Court
• DThe Court of Appeal

What is the maximum monetary value limit for a dispute to be referred to the Small Claims Procedure in the District Court?

• A€1,500
• B€2,000
• C€3,000
• D€5,000

Which of the following describes the equity jurisdiction limit of the Circuit Court in relation to land?

• ARateable value not exceeding €250
• BMarket value not exceeding €1,000,000
• CMarket value not exceeding €3,000,000
• DUnlimited jurisdiction

If a plaintiff commences proceedings in the High Court which are within the monetary jurisdiction of the Circuit Court, what is the likely cost consequence if they succeed at trial, under Section 17 of the Courts Act 1981?

• AThe plaintiff is automatically denied all costs.
• BThe plaintiff is only entitled to recover costs on the Circuit Court scale, and may be or…
• CThe plaintiff recovers full High Court costs since they succeeded.
• DThe defendant must pay double costs for not settling the matter.

In which venue must a defendant generally be sued in the Circuit Court, unless there is a specific statutory exception (such as land or tort actions)?

• AIn the Circuit where the plaintiff resides.
• BIn the Dublin Circuit Court exclusively.
• CIn the Circuit where the defendant ordinarily resides or carries on any business.
• DIn any Circuit Court at the election of the plaintiff.

Which officeholder in the High Court has power under the Rules of the Superior Courts to deal with certain interlocutory applications, such as extensions of time to plead, but cannot make final orders or determine disputes?

• AThe Chief Justice
• BThe Master of the High Court
• CThe Taxing Master / Legal Costs Adjudicator
• DThe County Registrar

What is the threshold criteria for the Supreme Court to grant permission for a direct appeal from the High Court (a 'leapfrog' appeal) under Article 34.5.4 of the Constitution?

• AThe case must involve a claim value of at least €5,000,000.
• BThe Supreme Court must be satisfied that there are exceptional circumstances warranting a…
• CThe Court of Appeal must have refused to hear the case.
• DBoth parties must consent in writing to bypass the Court of Appeal.

In a civil action for damages in tort (excluding personal injury), where can the plaintiff bring the action in the District Court regarding local jurisdiction?

• AExclusively in the Dublin Metropolitan District.
• BIn the court area where the tort was committed, or where the defendant ordinarily resides…
• COnly in the court area where the plaintiff resides.
• DIn any District Court area in Ireland without restriction.

Which of the following is correct regarding the jurisdiction of the Court of Appeal in Irish civil matters?

• AIt has full original jurisdiction over all civil matters.
• BIt has appellate jurisdiction over decisions of the High Court, and certain statutory app…
• CIt only hears appeals from the District Court.
• DIt has leapfrog jurisdiction to hear appeals from the Circuit Court directly, bypassing t…

What is the procedure by which a court in Ireland can refer a question of EU law to the Court of Justice of the European Union (CJEU) for a preliminary ruling?

• AUnder Article 267 of the Treaty on the Functioning of the European Union (TFEU)
• BUnder Article 234 of the Treaty on European Union (TEU)
• CBy issuing a Plenary Summons
• DBy applying for Judicial Review

Under the Brussels I Recast Regulation (1215/2012), what is the primary rule for determining which EU Member State's courts have jurisdiction over a civil or commercial matter?

• AJurisdiction lies with the courts of the Member State where the plaintiff is domiciled.
• BJurisdiction lies with the courts of the Member State where the defendant is domiciled.
• CJurisdiction is always determined by the law of the contract.
• DJurisdiction lies exclusively with the courts of Brussels, Belgium.

Which division of the High Court handles disputes relating to maritime collisions, salvage, and the arrest of ships?

• AThe Commercial List
• BThe Admiralty Court / List
• CThe Probate List
• DThe Judicial Review List

What is the jurisdiction of the District Court in relation to disputes concerning the recovery of land or tenancy disputes?

• AThe District Court has no jurisdiction over land disputes.
• BThe District Court has jurisdiction in ejectment cases for non-payment of rent or overhol…
• CThe District Court can determine title to land up to €75,000.
• DThe District Court has unlimited jurisdiction over land disputes.

Which of the following is correct regarding the transfer of civil actions between the High Court and the Circuit Court?

• AA case can never be transferred from the High Court to the Circuit Court.
• BUnder Section 22 of the Courts Act 1981, the High Court has the power, either on applicat…
• COnly the plaintiff has the right to demand a transfer of the action.
• DA transfer requires the written consent of the Chief Justice.

Which Irish court has jurisdiction to grant a 'world-wide' Mareva (freezing) injunction?

• AOnly the High Court (and appellate courts on appeal)
• BAny court including the District Court
• COnly the Commercial Court division
• DOnly the Supreme Court

Which type of originating summons in the High Court is used for claims involving liquidated sums arising on a contract, bond, or statutory penalty?

• APlenary Summons
• BSummary Summons
• CSpecial Summons
• DPersonal Injuries Summons

What is the standard period of validity for an originating High Court summons (excluding personal injury summons) before it must be served or renewed?

• A3 months
• B6 months
• C12 months
• D2 years

Under what circumstances can a plaintiff issue and serve a High Court Plenary Summons out of the jurisdiction without leave of the court?

• AWhenever the defendant resides in any country outside Ireland.
• BOnly when the defendant is a citizen of Ireland residing abroad.
• CWhere the claim falls within the scope of the Brussels I Recast Regulation or the Lugano…
• DNever; leave of the High Court is always required under Order 11 RSC.

To effect valid service of civil proceedings on a registered company in Ireland, what is the primary statutory method of service under Section 51 of the Companies Act 2014?

• ABy personal service upon the managing director of the company.
• BBy leaving the document at, or sending it by post to, the registered office of the compan…
• CBy advertising in an national daily newspaper.
• DBy sending it to the Companies Registration Office (CRO) only.

What originating document is used to commence ordinary civil proceedings (e.g. breach of contract) in the Circuit Court?

• AOrdinary Civil Bill
• BSummary Summons
• CClaim Notice
• DPlenary Summons

What is the primary function of entering an 'Appearance' in Irish civil procedure?

• ATo request the court to strike out the plaintiff's claim immediately.
• BTo formally record that the defendant has received the summons and intends to defend the…
• CTo schedule a date for the trial of the action.
• DTo verify the truth of the plaintiff's Statement of Claim under oath.

If a defendant wishes to challenge the jurisdiction of the Irish court to hear the case (for instance, due to a forum selection clause), what type of appearance should they enter?

• AUnconditional Appearance
• BAppearance under Protest (or Conditional Appearance)
• CSpecial Appearance by Consent
• DNotice of No Jurisdiction

Under Order 10 of the Rules of the Superior Courts, what must a plaintiff demonstrate to obtain an order for substituted service?

• AThat the defendant has died and their estate is unrepresented.
• BThat the plaintiff is unable to afford personal service.
• CThat prompt personal service cannot be effected and that the proposed method of substitut…
• DThat the defendant resides in another EU Member State.

What is the time limit for entering an appearance to a High Court Plenary Summons after service has been effected within Ireland?

• A8 days
• B10 days
• C14 days
• D21 days

Before commencing a personal injuries action in court, what statutory body must a claimant generally apply to first under the Personal Injuries Resolution Board Acts?

• AThe High Court Master
• BThe Personal Injuries Resolution Board (PIRB)
• CThe Legal Services Regulatory Authority (LSRA)
• DThe Circuit Court County Registrar

If an originating summons in the High Court expires after 12 months without being served, what procedure must the plaintiff follow to keep the action alive?

• AFile a new Plenary Summons under a different case number.
• BApply to the High Court (ex parte or on notice) under Order 8, Rule 1 for an order to ren…
• CServe the summons anyway and ask the defendant to waive the invalidity.
• DFile a motion for judgment in default of appearance.

Which High Court originating summons is typically used for ejectment proceedings where the plaintiff seeks the recovery of land from an overholding tenant?

• ASpecial Summons
• BSummary Summons
• CPlenary Summons
• DPersonal Injuries Summons

What is the default method for serving an originating summons on an individual defendant within Ireland under Order 9 of the RSC?

• ABy sending a text message containing the link to the document.
• BBy ordinary prepaid post to their last known address.
• CBy personal service, which involves showing the defendant the original summons and leavin…
• DBy filing it in the Central Office and posting a notice in the Court lobby.

In the District Court, what is the originating document used to commence ordinary civil proceedings?

• AClaim Notice
• BCivil Bill
• COriginating Summons
• DSummary Notice

What is the requirement regarding the endorsement of service on a High Court summons under Order 9, Rule 12 of the RSC?

• AThe person serving the summons must, within 3 days of service, endorse on the summons the…
• BThe defendant must sign the original summons to acknowledge receipt.
• CThe endorsement must be made in the presence of a notary public.
• DThere is no requirement to endorse service; the affidavit of service is sufficient.

In the context of commencing a personal injuries action, what must be served along with the Personal Injuries Summons under the Civil Liability and Courts Act 2004?

• AAn Affidavit of Verification
• BA Notice Requiring Particulars
• CA motion for discovery
• DA letter of consent from the PIRB

Which originating summons is used in the High Court for claims that do not require formal pleadings, such as administration of estates, foreclosure of mortgages, or construction of a will?

• APlenary Summons
• BSummary Summons
• CSpecial Summons
• DPersonal Injuries Summons

How is service of civil proceedings typically effected on a minor (a person under 18 years of age) under the Rules of the Superior Courts?

• ABy personal service on the minor directly.
• BBy serving the father or mother of the minor, or their guardian, or the person with whom…
• CBy publishing the summons in the child's school newsletter.
• DService is waived automatically until the minor reaches the age of majority.

What is the consequence if a defendant is served with a Plenary Summons but fails to enter an appearance within the required time?

• AThe case is automatically dismissed.
• BThe plaintiff can apply to court (or the Central Office) for judgment in default of appea…
• CThe defendant is arrested for contempt of court.
• DThe plaintiff must re-issue and re-serve the summons.

In the District Court, what is the default method for serving a Claim Notice on an individual defendant under the District Court Rules?

• ABy personal service only.
• BBy registered post (prepaid registered post) to the defendant's residence or place of bus…
• CBy publishing the notice on the Courts Service website.
• DBy ordinary email.

What is the three-stage test established in Campus Oil v. Minister for Industry and Energy (No. 2) [1983] for granting an interlocutory injunction in Ireland?

• A1. A strong prima facie case, 2. No delay, 3. The public interest.
• B1. A fair question to be tried, 2. Whether damages would be an adequate remedy, 3. The ba…
• C1. An arguable case, 2. The financial status of the parties, 3. Irreparable harm.
• D1. Probability of success, 2. Risk of dissipation of assets, 3. Clean hands.

To successfully obtain an order for security for costs against an individual plaintiff residing outside the jurisdiction under Order 29 of the RSC, what must the defendant first show?

• AThat the plaintiff is insolvent.
• BThat the defendant has a prima facie defence on the merits, and that the plaintiff is ord…
• CThat the case involves a claim exceeding €500,000.
• DThat the plaintiff's solicitor is acting on a 'no-win, no-fee' basis.

Under what statutory provision can a defendant seek security for costs against a corporate plaintiff (a limited company registered in Ireland)?

• AOrder 29 of the Rules of the Superior Courts
• BSection 52 of the Companies Act 2014
• CSection 17 of the Courts Act 1981
• DArticle 34 of the Constitution

Under Order 31, Rule 12 of the RSC, what are the two fundamental requirements that must be established for a court to order discovery of documents?

• AAdmissibility and public interest.
• BRelevance and necessity (for disposing fairly of the cause or matter or for saving costs).
• COwnership and confidentiality.
• DRelevance and the financial capability of the party to search.

What is the procedure by which a party in the High Court can seek discovery of documents from a person who is not a party to the proceedings?

• ABy serving a subpoena duces tecum directly on them before pleadings close.
• BBy applying to the court by motion on notice to the non-party (and notice to the other pa…
• CBy applying for an ex parte Anton Piller order.
• DNon-party discovery is not permitted in Irish civil procedure.

Under Order 19, Rule 28 of the RSC, on what grounds can the court strike out a pleading?

• AWhere it discloses no reasonable cause of action or answer, or where the action or defenc…
• BWhenever the pleading is filed one day late.
• CIf the pleading contains spelling or typographical errors.
• DIf the claim value is less than €10,000.

What is the key difference between striking out a claim under Order 19, Rule 28 of the RSC and striking it out under the court's 'inherent jurisdiction'?

• AOrder 19, Rule 28 requires an oral trial, while inherent jurisdiction does not.
• BUnder Order 19, Rule 28, the court can only look at the pleading itself, whereas under it…
• CThere is no difference; they are identical procedures.
• DInherent jurisdiction can only be exercised by the Master of the High Court.

If a plaintiff fails to serve a Statement of Claim within the time specified by the Rules of the Superior Courts, what motion should the defendant bring to seek dismissal of the action?

• AMotion for security for costs.
• BMotion to dismiss the action for want of prosecution (default of pleading) under Order 27…
• CMotion for discovery of the Statement of Claim.
• DMotion to set aside the Plenary Summons.