SI No 511 of 2009: Rules of the Superior Courts (Defamation) 2009

Courts Service logo, via the Courts Service site.One of the reasons for delaying the coming into effect of the Defamation Act, 2009 from 23 July 2009 when it was signed by the President until 1 January 2010 was the need to amend the Rules of the Superior Court to provide for the changes to practice and procedure which it requires. Those changes are effected by SI No 511 of 2009: Rules of the Superior Courts (Defamation) 2009 (pdf). It inserts a new Order 1B in, and amend Order 22, Order 36 and Appendix B, Part II of the Rules of the Superior Court) to facilitate the operation of the Defamation Act, 2009. In particular, it makes provision for

  • verifying affidavits under section 8,
  • the procedures relating to various applications under sections 11 (multiple publication), 14 (meaning), 33 (prohibition order), and 34 (summary application), and under section 11(2)(c) of the Statute of Limitations 1957 (as amended by section 38),
  • applications under section 23 relating to offers of amends,
  • notification of evidence of apology under section 24, and
  • particulars of evidence in mitigation (amending Order 22 RSC).