The Gazette 1989

APRIL 1989

GAZETTE

Rules 4 and 5 contain the necessary venue provisions in consequence of Articles 8.2 and 14 of the 1968 Convention. Rule 6 EXCLUDES Convention cases from the provisions of the 1962 Rules relating to service out of the jurisdiction. Rules 7 and 8 set out the procedures to be followed where proceedings, other than proceed- ings under the Maintenance Orders Act, 1974, are being instituted in the District Court by virtue of the Conventions against a person domiciled in a Contracting State other than the State. Service of documents Under these Rules documents may be served by registered post or insured post. They must be served on the defendant AT LEAST ONE MONTH before the date of hearing. A registered-post service is available in most E.C. countries, but in France, Greece and the Netherlands there is an insured- post service. Instructions may be placed on the top left-hand corner of letters so that they may be delivered to the addressees in person (in all E.C. countries except the United Kingdom). To ensure delivery in this manner, the letter should be registered or insured and must be accompanied by an advice of delivery form. The envelope must be marked in the top left-hand corner - A remettre en main propre - for French post; Eigenhandig for German post; a entragar an proprio mano for Spanish post (i.e. for delivery to the addressee in person); or the equivalent in a language known in the country of destination. The present cost of sending a standard letter of under 20 grammes in weight by registered post is £1.50 and by insured post is £1.65. The British Post Office does not undertake to deliver registered mail (even if accompanied by an advice of delivery form) to the addressee in person. Judgment in office not to apply Rule 9 makes the necessary amendments to the Summary Judgment Rules of 1963. It should be noted that in Summary Judgment matters, where the

1968 EUROPEAN COMMUNITIES (JUDGMENTS) CONVENTION List of Headings

TITLE SUBJECT

CONTENTS

SECTION ARTICLES 1 2 to 4 5 to 6a

Scope Jurisdiction

General Provisions Special Insurance Consumer Contracts Exclusive Prorogation of Jurisdiction Examination as to Jurisdiction and Admissibility Lis Pendens Provisional, incl. Protective Measures Recognition Enforcement Common Provisions

7 to 12a 13 to 15 16

17 and 18

19 and 20 21 to 23 24 25 to 30 31 to 45 46 to 49

Recognition and Enforcement Authentic Instruments and Court Settlements General Provisions Transitional Provisions Relationship to other Conventions Final Provisions

III

IV

50 and 51 52 and 53

V

54

VI

VII

55 to 59 60 to 68

V I II

defendant is domiciled in a Contracting State other than the State, and no Notice of Intention to Defend is received from the defendant, the case will be listed for court. Rules 10 and 11 deal with the provision of documents to interested parties in connection with applications for recognition and enforcement of District Court judgments abroad and provide for the service of judgments in such cases. Rule 12 excludes the enforcement of United Kingdom maintenance orders from the provisions of the Rules. Rules 13 and 14 prescribe procedures in relation to the enforcement of Community maintenance orders in the District Court.

Rule 15 which is similar to section 9(1) of the Act, regulates the currency of payments under an enforceable maintenance order and fixes the appropriate rate of exchange for currency conversions. Rule 16 requires the District Court clerk to send a receipt for each payment received, to transmit the amount of the payment to the person entitled to receive it, and in doing so to comply with any Exchange Control regulations in force governing such payments. Rule 17 provides a procedure for the case where a maintenance debtor changes address from one court area to another. Rule 18 Applications to the court clerk in relation to arrears of maintenance are dealt with in this Rule. The clerk may proceed under Contd. on pmgm 107

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