Amendment to Order 122 of the Rules of the Superior Courts

Introduction

Traditionally, the Rules of the Superior Courts did not permit parties to amend or deliver pleadings during the Long Vacation, being the months of August and September each year.

On 10 October 2016 S.I. No. 471 of 2016 came into effect, substituting rules 4 and 5 of Order 122 with the following;

4. Subject to rule 5, a party may deliver or amend a pleading during the long vacation.

5. Save on consent of the parties or by direction of the Court, the month of August shall not be reckoned in the computation of the times appointed or allowed by these Rules for amending, or delivering a pleading.”

Implications

As a result, as and from 1 September 2017, the month of September is to be included in the calculation of the times allowed for amending or delivering a pleading.  It remains the case that pleadings cannot be delivered or amended during the month of August, save with the parties’ consent or court Order.

During the Long Vacation (including August) the Superior Courts generally do not sit except to hear urgent applications.  The sitting of the Courts is not affected by the above amendments.

Conclusion

As a result of the amendments to the Rules, parties must now be mindful of the new timelines for the delivery or amendment of pleadings during the Long Vacation. 

For further information please contact Gavin Simons (Partner), Margaret McCarthy (Solicitor) or your usual AMOSS contact.