Order 2 - Venue
Save when the High Court, or the Court, otherwise orders, all actions, causes or matters, whether transferred from the High Court, or originated in the Court, shall be tried and heard:—
(a) those relating to title to land and rectification of the Register, in the County in which the lands are situate, or where are situate the lands out of which, or in respect of which, any incorporeal hereditaments in dispute issue or arise, or where the larger portion of any such lands may be situate;
(b) those of the nature heretofore assigned to the equity side of the County Court, in the County where suits and matters of that kind have been heretofore heard by that Court;
(c) under the probate jurisdiction and for the administration of estates of deceased persons, in the County where the testator or intestate at the time of his death ordinarily resided;
(d) [8] under the Assisted Decision-Making (Capacity) Act 2015 as amended, in a county in which the relevant person or person who is the subject of an application under the Act:
(i) is residing or carrying on business at the time the application is made,
(ii) has resided at any time within the period of three years immediately prior to the making of the application;
(e) at the election of the plaintiff, in any action founded on contract (whether the claim be to enforce, rescind, dissolve or annul the contract, or for damages or other relief for the breach thereof), in the County where the defendant, or any one of the defendants, ordinarily resides or carries on any profession, business or occupation or in the County within which the contract was made;
(f) at the election of the plaintiff, in any action founded on tort, in the County where the defendant, or any one of the defendants, ordinarily resides or carries on any profession, business or occupation, or in the County wherein the tort is alleged to have been committed;
(g) in all other cases (subject to the provisions of these Rules relating to matrimonial cases and cases concerning children and cases concerning domestic violence), in the County where the defendant, or any one of the defendants, ordinarily resides or carries on any profession, business or occupation.
Cases to which the Brussels Convention, the Lugano Convention or Regulation No. 1215/2012 apply[1]
(h) Subject to Title II of the 1968 Convention, the jurisdiction of the Court respecting proceedings that may be instituted in the State by virtue of Article 2, 8.1, 11, 14 or 16(1)(b) of that Convention shall be exercised by the judge of the Court for the time being assigned to the circuit where the defendant, or one of the defendants, ordinarily resides or carries on any profession, business or occupation;
(i) The jurisdiction of the Circuit Court relating to proceedings that may be instituted in the State by virtue of Article 8.2 or Article 14 of the 1968 Convention by a plaintiff domiciled in the State may be exercised by the Judge of the Circuit Court for the time being assigned to the Circuit where the plaintiff or one of the plaintiffs ordinarily resides or carries on any profession, business or occupation;
(j) [2] [3] Where jurisdiction depends on the domicile of a corporation or association, that jurisdiction shall in accordance with Article 63 of Regulation No. 1215/2012 be exercised by the Judge of the Circuit Court for the time being assigned to the Circuit where the corporation or association has its registered office (or where there is no registered office, place of formation) or central administration or principal place of business.
(k) [4] [5]Subject to Chapter II of Regulation No. 1215/2012 or, as the case may be, to Title II of the Lugano Convention, the jurisdiction of the Court in proceedings that may be instituted in the State in accordance with Article 4, 11(1)(a), 14, 18, 21(1)(a) or 22 or the proviso to Article 24(1) of Regulation No. 1215/2012 or, as the case may be, Article 2, 9 (1)(a), 12, 16, 19(1) or 20 or the proviso to Article 22(1) of the Lugano Convention, shall in accordance with Regulation 11(1) of the European Union (Civil and Commercial Judgments) Regulations 2015, be exercised by a judge of the Court for the time being assigned to the circuit where the defendant, or one of the defendants, ordinarily resides or carries on any profession, business or occupation.
(l) The jurisdiction of the Court relating to proceedings that may be instituted in the State in accordance with Article 11(1)(b) or 18 of Regulation No. 1215/2012 or, as the case may be, in accordance with Article 9(1)(b) or 16 of the Lugano Convention, by a plaintiff domiciled in the State shall in accordance with Regulation 11(3) of the European Union (Civil and Commercial Judgments) Regulations 2015 be exercised by a judge of the Court for the time being assigned to the circuit in which the plaintiff or one of the ordinarily resides or carries on any profession, business or occupation.[6]
(m) [7] The jurisdiction of the Court relating to proceedings that may be instituted in the State in accordance with Article 21(1)(b)(i) of Regulation No. 1215/2012, by a plaintiff domiciled in the State shall in accordance with Regulation 11(4) of the European Union (Civil and Commercial Judgments) Regulations 2015 be exercised by a judge of the Court for the time being assigned to the circuit in which the plaintiff or one of the plaintiffs ordinarily carries on or last carried on any profession, business or occupation.
[1] Title amended by SI 618 of 2015, effective 30 December 2015.
[2] Order 2 rule j substituted by SI 597 of 2014, effective 19 December 2014.
[3] Order 2 rule j substituted by SI 618 of 2015, effective 30 December 2015.
[4] Order 2 rule k substituted by SI 597 of 2014, effective 19 December 2014.
[5] Order 2 rule k substituted by SI 618 of 2015, effective 30 December 2015.
[6] Order 2 rule l inserted by SI 618 of 2015, effective 30 December 2015.
[7] Order 2 rule m inserted by SI 618 of 2015, effective 30 December 2015.
[8] Order 2 rule d amended by SI 201 of 2023 effective 27 April 2023.