Published on LinkedIn on 20 August 2024
A number of amendments to the Rules of the Superior Court (RSC) came into effect from 31 July 2024. These changes broaden the types of cases that can, with the leave of the court, be issued and served on parties outside of the jurisdiction and they also allow for more ready use of interrogatories in Irish High Court litigation.
The changes to Order 11 RSC will assist parties in issuing and serving proceedings against parties outside of the state seeking disclosure of information on the identity of wrongdoers and in identifying what has become of misappropriated property. This is likely to be useful in fraud and asset tracing actions.
Another interesting change is to Order 31 RSC relating to the use of Interrogatories – a procedure where a litigant can require an opposing party to answer on oath a series of questions designed to assist the requesting party in proving its case or undermining the case of the opposing party. Interrogatories may provide a more cost-effective and less time-consuming method of obtaining information which might otherwise require an order for discovery and as such can greatly reduce the time and cost of litigation. However, until now in general High Court litigation (outside of the Commercial List), a party first needed to apply to the court for leave to deliver interrogatories. The changes will now allow up to 20 interrogatories to be delivered without the leave of the court. The removal of the requirement to seek the court’s permission to deliver interrogatories is likely to be welcomed by litigants and practitioners alike. We expect that this change will encourage a more strategic approach to the use of interrogatories as a tool in High Court litigation.
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