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Applications to the Circuit Court for compensation under this Act.
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6.—(1) Any person who has applied to the Minister under the foregoing provisions of this Act for compensation under this Act in respect of an injury to which this Act applies and either has refused an offer of a specified sum of compensation under this Act made to him by the Minister in respect of the said injury or has been informed by the Minister that the Minister does not intend to make to him any such offer may apply in accordance with this Act to the Circuit Court for compensation under this Act in respect of the said injury.
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(2) The following provisions shall apply and have effect in respect of every application to the Circuit Court under this section, that is to say:—
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(a) unless and until otherwise provided by rules of court, the application shall be made by civil bill in which the Minister shall be named as the sole defendant and for the issue of which no fiat of the Attorney-General shall be necessary;
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(b) the application shall be made not later than three months after whichever of the following dates is applicable, that is to say, the date on which the applicant refused the offer by the Minister of a specified sum of compensation or the date on which the applicant was informed by the Minister that he did not intend to make any such offer;
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(c) save if and so far as the Court shall otherwise permit, the evidence at the hearing of the application shall be given viva voce;
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(d) every aircraft concerned in the infliction of the injury shall be presumed to be a foreign aircraft until the contrary is shown;
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(e) where the injury was caused by or arose (directly or indirectly) from a mine, such mine shall be presumed to have emanated from either a foreign ship or a foreign aircraft until the contrary is shown;
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(f) where the injury was caused by or arose (directly or indirectly) from a balloon or an attachment to a balloon, such balloon shall be presumed to have emanated from outside the State until the contrary is shown;
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(g) where the injury was caused by or arose (directly or indirectly) from a projectile, bomb, or other object propelled from a ship, such ship shall be presumed to be a foreign ship until the contrary is shown;
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(h) the application shall be heard and determined by the judge of the Circuit Court having jurisdiction in the place at which the injury occurred;
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(i) the costs of the application and the costs of the appeal (if any) to the High Court shall follow the event, save if and in so far as the Court for cause otherwise orders.
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