S.I. No. 149/1982 - District Court (Malicious Injuries Act, 1981) Rules, 1982

S.I. No. 149 of 1982.

DISTRICT COURT (MALICIOUS INJURIES ACT, 1981) RULES, 1982

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act, 1924 , section 72 of the Courts of Justice Act, 1936 , and section 17 of the Interpretation Act, 1937 (as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 ), and section 34 of the Courts (Supplemental Provisions) Act, 1961 , do hereby, with the concurrence of the Minister for Justice, make the following Rules of Court:—

1. These Rules may be cited as the District Court ( Malicious Injuries Act, 1981 ) Rules, 1982.

2. These Rules shall come into operation on the 27th day of May, 1982, and shall be read together with all other District Court Rules for the time being in force.

3. In these Rules—

"the Act" means the Malicious Injuries Act, 1981 (No. 9 of 1981);

"Form" means a form set out in the Schedule of Forms, or such modification thereof as may be suitable;

"Ratepayer" means any ratepayer of a local authority which is a party to any proceedings for compensation under the Act;

"the Principal Rules" means the District Court Rules, 1948 (S.R. & O. 1947. No. 431);

"third party" means a local authority notified under section 10(1) of the Act.

4. An application under section 9 of the Act shall be brought at a sitting of the Court for the hearing of civil proceedings. The application shall be by notice in the Form 1, 2, 3, 4 or 5, as may be appropriate, which shall be served on the council of the county or the corporation of the county borough from which it is sought to obtain compensation. Such notice may be served by registered post twenty-one clear days at least before the sitting of the Court to which the notice has been made returnable. Proof of service shall be by statutory declaration. The original of every such notice, with a statutory declaration as to service endorsed thereon, shall be lodged with the district court clerk seven days at least before the sitting.

In the Dublin Metropolitan District however, the original and copy of every notice of application intended for service shall be lodged with the district court clerk for insertion of the return date thereon.

5. A local authority which has given notice under section 10 of the Act shall lodge a copy thereof with the district court clerk.

6. A decree awarding compensation under section 11 of the Act shall be in the Form 6, 7, 8, 9 or 10, as may be appropriate. A refusal to award compensation shall be in the Form 11.

7. The Court may, in relation to any act or proceedings under the Act or under these Rules, extend the time for, set aside either wholly or in part, amend or otherwise deal with in such manner and on such terms as the Court may think just, such act or proceedings.

8. Costs, where awarded, other than costs of an application for compensation which are payable by a local authority, shall be in accordance with the scale of costs set out in the schedule of costs annexed to these Rules.

Where liability for compensation is apportioned between two or more local authorities, the costs, and expenses if any, awarded to the applicant shall be similarly apportioned.

9. A lodgment under section 16 (2) of the Act shall be made not later than seven days before the return day and the provisions of Rule 132 of the Principal Rules (which relate to lodgments in court) shall mutatis mutandis apply but a notice of intention to defend shall not be required.

10. The provisions of the Principal Rules relating to appeals to the Circuit Court and the Forms therein prescribed for that purpose shall, mutatis mutandis apply to an appeal taken under section 17 of the Act, including an appeal by a ratepayer. The Court may exempt an appellant from the necessity of entering into a recognisance for appeal.

11. An application pursuant to section 18 (2) (a) of the Act to state and sign a case shall be by notice in the Form 12 which shall be lodged with the district court clerk for the court area in which the proceedings were determined within fourteen days after the determination. A copy thereof shall within the same period be served by registered post on each of the other parties and any ratepayer who appeared in the proceedings, and where the application is made by a ratepayer a copy of the notice shall be served by registered post on each of the parties.

12. Where the Court refuses to state a case it shall cause to be delivered to the applicant therefor a certificate of such refusal in the Form 13 and shall cause a copy of such certificate to be sent to the other party or parties and to any ratepayer who appeared.

13. Where a request or an application for a case stated is granted, the case shall be prepared and signed within six months.

14. Where the Court on its own motion states a case for the opinion of the Supreme Court the district court clerk shall, when the case has been prepared and signed, give notice in the Form 14 to each of the parties and to any ratepayer who appeared.

15. Where on request or application a case has been stated and signed the district court clerk shall give notice thereof to the person so requesting or applying.

16. The district court clerk shall keep a book which shall be known as the "Malicious Injuries Book" in which shall be entered particulars of all notices of application and third party notices lodged under Rules 4 or 5 hereof and details of all proceedings on foot thereof.

17. Where under section 16 (1) of the Act a local authority settles a claim brought against it the form of consent or settlement (and withdrawal of application), signed by the parties, shall forthwith be lodged with the district court clerk, who shall attach it to the notice of application lodged and, having noted the settlement in the Malicious Injuries Book, shall retain said documents in his office.

18. Non-compliance with these Rules shall not render any proceedings void unless the Court shall so direct.

SCHEDULE OF FORMS

General heading to be used on all forms:—

AN CHÚIRT DÚICHE         THE DISTRICT COURT

______________________

AND WHEREAS a preliminary notice was served on the day of 19 , in accordance with the provisions of section 8 of the Act,

TAKE NOTICE that application for compensation for the loss will be made at the sitting of the District Court to be held at

on the day of 19 , at .m.

WHEREAS on the day of 19 , property, to wit, was unlawfully taken at in the court area and district aforesaid and removed from said district, and same was maliciously damaged to the amount of £ as follows:—

+

+Nature of damage

and thereby the applicant of

has suffered loss,

AND WHEREAS a preliminary notice was served on the day of 19 , in accordance with the provisions of section 8 of the Act,

TAKE NOTICE that application for compensation for the loss will be made at the sitting of the District Court to be held at on the day of 19 , at .m.

WHEREAS on the      day of      19    ,

property to wit,

*(within the harbour at )

*(at a place within one mile beyond the coastal boundary of the respondent's area)

*[having been unlawfully taken, was removed from * (within the harbour at )*(a place within one mile beyond the coastal boundary of the respondent's area and]

was maliciously damaged to the amount of £       as follows:—

*Delete words inapplicable

+

+Nature of damage

whereby the applicant of

has suffered loss,

AND WHEREAS a preliminary notice was served on the   day of    19  , in accordance with the provisions of section 8 of the Act,

TAKE NOTICE that application for compensation for the loss will be made at the sitting of the District Court to be held at     on the  day of  19  , at   .m.

WHEREAS on the  day of     19  ,

at        in court area and district aforesaid, *(a building ) *(property within the curtilage of a building) was maliciously damaged to an amount exceeding £100 in the course of a riot,

*Delete words inapplicable

AND WHEREAS in the course of the riot property, to wit,   valued £   was unlawfully taken from the building and the applicant of    has suffered the loss thereof,

AND WHEREAS a preliminary notice was served on the   day of    19   , in accordance with the provisions of section 8 of the Act,

TAKE NOTICE that an application for compensation for the loss will be made at the sitting of the District Court to be held at   on the   day of  19   , at    .m.

WHEREAS on the      day of    19   ,

*(within the harbour at                   )

*(at a place within one mile beyond the coastal boundary of the respondent's area) a ship was maliciously damaged to an amount exceeding £100 in the course of a riot,

*Delete words inapplicable

AND WHEREAS in the course of the riot property, to wit,      valued £   was unlawfully taken from the ship and the applicant of

has suffered the loss thereof,

AND WHEREAS a preliminary notice was served on the    day of   19   , in accordance with the provisions of section 8 of the Act,

TAKE NOTICE that an application for compensation for the loss will be made at the sitting of the District Court to be held at    on the   day of   19   ,at    .m.

*Delete words inapplicable

THIS APPLICATION for an award of compensation for malicious damage to property coming before the Court this day

WHEREUPON THE COURT, being satisfied that

1. the preliminary notice and notice of the application were served,

2. the applicant suffered loss by malicious damage on the day of 19 , to property, to wit, at , in court area and district aforesaid,

AWARDS to the applicant the sum of £ for compensation with £ for costs and £ for witnesses' expenses, making together the sum of £ , * (AND ORDERS that same be paid out of the funds of the respondent/third party)

*(and being satisfied that liability for compensation should be apportioned between the respondent and the third party as follows:—

the respondent % and the third party %

ORDERS that of the said total sum £ be paid out of the funds of the respondent and £ out of the funds of the third party).

AND COMMANDS all sheriffs and county registrars to levy the amount of the award, costs, witnesses' expenses, together with interest at the rate of 11% per annum on the amount of the †award (exclusive of costs and witnesses' expenses) from the date hereof, and to take in execution the goods of the respondent (and third party) to satisfy the said award, costs, witnesses' expenses and interest on award.

†If it exceeds £150

*Delete words inapplicable

THIS APPLICATION for an award of compensation for malicious damage to property coming before the Court this day,

WHEREUPON THE COURT, being satisfied that

AWARDS to the applicant the sum of £     for compensation with £    for costs and £    for witnesses' expenses, making together the sum of £

*(AND ORDERS that same be paid out of the funds of the respondent/third party)

*(and being satisfied that liability for compensation should be apportioned between the respondent and the third party as follows:—

*Delete words inapplicable

the respondent % and the third party %

ORDERS that of the said total sum £     be paid out of the funds of the respondent and £ out of the funds of the third party)

AND COMMANDS all sheriffs and county registrars to levy the amount of †the award, costs, witnesses' expenses, together with interest at the rate of 11% per annum on the amount of the award (exclusive of costs and witnesses' expenses) from the date hereof, and to take in execution the goods of the respondent (and third party) to satisfy the said award, costs, witnesses' expenses and interest on award.

†If it exceeds £150

*Delete words inapplicable

THIS APPLICATION for an award of compensation for malicious damage to property coming before the Court this day,

WHEREUPON THE COURT, being satisfied that

1. the preliminary notice and notice of the application were served,

2. the applicant suffered loss by malicious damage on the    day of  19  , to property, to wit

*within/* unlawfully taken and removed from/the harbour at

*at/* unlawfully taken and removed from/a place within one mile beyond the coastal boundary of the respondent's area,

3. the respondent is the local authority for the place on shore nearest the place *where the damage was caused/* from which the property was removed/,

4. that said place on shore is within the court area and district aforesaid,

AWARDS to the applicant the sum of £  for compensation with £   for costs and £ for witnesses' expenses, making together the sum of £

*(AND ORDERS that same be paid out of the funds of the respondent/third party)

*(and being satisfied that liability for compensation should be apportioned between the respondent and the third party as follows:—

the respondent  % and the third party    %

ORDERS that of the said total sum £   be paid out of the funds of the respondent and £   out of the funds of the third party).

AND COMMANDS all sheriffs and county registrars to levy the amount of †the award, costs, witnesses' expenses, together with interest at the rate of 11% per annum on the amount of †the award (exclusive of costs and witnesses' expenses) from the date hereof, and to take in execution the goods of the respondent (and third party) to satisfy the said award, costs, witnesses' expenses and interest on award.

†IF it exceeds £150

*Delete words inapplicable

THIS APPLICATION for an award of compensation for the loss of property coming before the Court this day

WHEREUPON THE COURT, being satisfied that

1. the preliminary notice and notice of the application were served

2. on the    day of   19    , at in the court area and district aforesaid damage to an amount exceeding £100 was maliciously caused to a *building/*property within the curtilage of a building/by three or more persons tumultuously and riotously assembled

3. property, to wit

was in the course of the riot unlawfully taken from the building

4. the applicant suffered the loss of the property so taken,

AWARDS to the applicant the sum of £   for compensation with £   for costs and £  for witnesses' expenses, making together the sum of £

*(AND ORDERS that same be paid out of the funds of the respondent/third party),

*(and being satisfied that liability for compensation should be apportioned between the respondent and third party as follows:—

the respondent   % and the third party   %

ORDERS that of the said total sum £    be paid out of the funds of the respondent and £  out of the funds of the third party),

AND COMMANDS all sheriffs and county registrars to levy the amount of the award, costs, witnesses' expenses, together with interest at the rate of 11% per annum on the amount of†the award (exclusive of costs and witnesses' expenses) from the date hereof, and to take in execution the goods of the respondent (and third party) to satisfy the said award, costs, witnesses' expenses and interest on award.

†If it exceeds£150

*Delete words inapplicable

THIS APPLICATION for an award of compensation for loss of property coming before the Court this day

WHEREUPON THE COURT, being satisfied that

1. the preliminary notice and notice of the application were served,

2. on the    day of  19    , damage to an amount exceeding £100 was maliciously caused to a ship *within the harbour at     /*at a place within one mile beyond the coastal boundary of the respondent's area/     by three or more persons tumultuously and riotously assembled,

3. property, to wit,      was in the course of the riot unlawfully taken from the ship,

4. the applicant suffered the loss of the property so taken,

5. the respondent is the local authority for the place on shore nearest the place where the property was taken,

6. the said place on shore is within the court area and district aforesaid,

AWARDS to the applicant the sum of £     for compensation with £   for costs and £ for witnesses' expenses, making together the sum of £

*(AND ORDERS that same be paid out of the funds of the respondent/third party)

*(and being satisfied that liability for compensation should be apportioned between the respondent and the third party as follows:—

*Delete words inapplicable

the respondent  % and the third party   %

ORDERS that of the said total sum £   be paid out of the funds of the respondent and £ out of the funds of the third party)

AND COMMANDS all sheriffs and county registrars to levy the amount of the award, costs, witnesses' expenses, together with interest at the rate of 11% per annum on the amount of†the award (exclusive of costs and witnesses' expenses) from the date hereof, and to take in execution the goods of the respondent (and third party) to satisfy the said award, costs, witnesses' expenses and interest on award.

†If it exceeds £150

*Delete words inapplicable

THIS APPLICATION for an award of compensation coming before the Court this day

WHEREUPON the Court, having considered the same and not being satisfied that the applicant is entitled to compensation, orders that the application be and the same is hereby refused and that the applicant do pay to the respondent the sum of £   for costs and £   for witnesses expenses, making together the sum of £

*(and to the third party the sum of £ for costs and £ for witnesses' expenses, making together the sum of £ )

AND COMMANDS all sheriffs and county registrars to levy the amount of the costs and witnesses' expenses and to take in execution the goods of the applicant to satisfy the said costs and expenses.

TAKE NOTICE that

of

the above-named applicant/respondent/third party/a ratepayer who appeared and was heard in the above mentioned proceedings/being dissatisfied with your determination of the above proceedings on the day of   19   , as being erroneous on a point of law, hereby applies to you to state and sign a case setting forth the facts and the grounds of the determination for the opinion thereon of the Supreme Court.

To the Justice of the District Court

assigned to the said District

IT IS HEREBY CERTIFIED that a request/an application was made to

the Court by

of

the above-named applicant/respondent/third party/

a ratepayer who appeared and was heard in the above-mentioned proceedings/

to state a case in this matter, and that the said request/application was refused.

TAKE NOTICE that the Case Stated for the opinion of the Supreme Court herein has been prepared and signed and that a copy thereof may be inspected at this office.

SCHEDULE OF COSTS

Solicitors' costs, where awarded under the Malicious Injuries Act, 1981 to a respondent or to or against a ratepayer.

The above costs shall be exclusive of and in addition to all actual and necessary outlay.

Counsel's fees, where awarded under the Malicious Injuries Act, 1981 to a respondent or to or against a ratepayer.

To counsel when the amount of compensation claimed

A fee for counsel may not be included in an award of costs under the Act unless the court certifies that, in its opinion, the employment of such counsel was necessary for the attainment of justice or for enforcing or defending the rights of the party concerned, and no additional fee shall be allowed to counsel as between party and party for any other work, including preliminary advice, consultation and advice on proofs.

Given this 29th day of April, 1982.

I concur in the making of the foregoing Rules.

Dated this 19th day of May, 1982.

SEAN DOHERTY

Minister for Justice

EXPLANATORY NOTE

These Rules prescribe District Court procedures in respect of applications for compensation under the Malicious Injuries Act, 1981 and set out the scale of solicitors' costs and fees of counsel applicable in the District Court under the Act other than the costs of an application for compensation which are payable by a local authority. The Minister for Trade, Commerce and Tourism has, under section 2 (2) (a) of the Prices (Amendment) Act, 1972 , consented to the exercise by the rule-making authority (the District Court Rules Committee with the concurrence of the Minister for Justice) of their statutory powers to regulate the costs and fees dealt with in the Rules.