Amendment to Order 27, Rules of the Superior Courts (as introduced by S.I. 454/2022)

Published 15 March 2023

In September last year, an amendment to the Superior Court Rules relating to applications for judgments in default of defence under Order 27 (introduced by S.I. 454/2022) came into effect. The amendment builds on the 2021 changes introduced in relation to applications for judgment in default of Defence or Statement of Claim, which introduced the use of ‘unless orders’ by the Court.

By way of brief reminder, an ‘unless order’ grants judgment automatically in the event that a Plaintiff or Defendant fails to complete what was directed by the Court, within the time period directed by the Court. For example, if a Plaintiff brings a motion for judgment in default of defence against a defendant, an unless order may provide four weeks in which the Defendant must deliver its defence, failing which, the Plaintiff’s application for judgment will be granted automatically. In other works, unless the Defendant completes what has been directed by the Court, within the time directed, the Plaintiff’s application
is granted. The same operation applies for motions brought by Defendants against the Plaintiff to strike out the Plaintiff’s claim for failure to deliver a Statement of Claim.

The focus of the amended Order 27 is in relation to judgments in default of Defence. Taking a strict approach to the new Order 27, a Plaintiff’s motion for judgment in default of Defence can now result in the Court making an order for judgment against the defendant for the specific relief claimed in the Statement of Claim to which the Court considers the Plaintiff is entitled.

Alternatively, if the Court is satisfied that in the interests of justice, the time for delivery of the Defence should be extended, rather than grant an order for judgment, such an order can be made in the alternative. However, the rules state that in the event an extension of time is ordered, the Court should still, to the extent that is possible, determine the specific relief claimed in the Statement of Claim which it considers the Plaintiff entitled to in the event that the defendant fails to deliver the Defence within the extended time. The amendment to Order 27 serves as a reminder to legal practitioners and insurers alike of the need to be vigilant in terms of the timeframe to deliver a Defence, particularly given the stricter approach now being taken by the Courts.

If you would like to refresh on some of the 2021 landmark changes to the Rules of the Superior Courts, please click here.