S.I. No. 20/1989 - Rules of the Superior Courts (No. 2) 1989.

S.I. No. 20 of 1989.

RULES OF THE SUPERIOR COURTS (No. 2) 1989.

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act, 1936 , Section 67 and reconstituted pursuant to the provisions of the Courts of Justice Act, 1953 , Section 15, by virtue of the powers conferred upon us by the Courts of Justice Act, 1924 , Section 36, and the Courts of Justice Act, 1936 , Section 68 (as applied by the Courts (Supplemental Provisions) Act, 1961 , Section 48), and the Courts (Supplemental Provisions) Act, 1961 , Section 14, and of all other powers enabling us in this behalf, do hereby make the annexed Rules of Court.

Dated this 15th day of December 1988.

I concur in the making of the annexed Rules of Court.

Dated this 2nd day of February, 1989.

GERARD COLLINS,

Aire Dlí agus Cirt.

S.I. No. 20 of 1989.

RULES OF THE SUPERIOR COURTS (No. 2) OF 1989.

1. The following Rule shall be substituted for Rule 2 (b) of Order 36:—

"(b) In the case of any proceeding referred to in Section 1, subsections (1) and (2) of the Courts Act, 1988 , notice of trial may be served for any of the following venues— Cork, Dundalk, Galway, Kilkenny, Limerick, Sligo, Waterford, without prior application to the Court and the matter may be set down for trial at such venue.

2. The following Rule shall be substituted for Rule 7 (2) of Order 49:—

"(2) (a) An application under this Rule to remit or transfer an action may be made at any time after an appearance is entered and before service of notice of trial.

(b) An application under this Rule in relation to an action or proceeding to which Section 1 (1) of the Courts Act, 1988 , applies, may be made at any time before the commencement of the trial of such action or proceeding."

3. The following Rules shall, respectively, be substituted for the existing Rules 3, 4, 6, 7 and 10 of Order 61:—

"3. The Appellant shall, within the said period of ten days from the date on which the judgment or Order appealed from was pronounced,

( a ) in the case of appeals to the High Court sitting in Dublin, lodge one copy of the notice of appeal (indorsed with particulars of service) in the Central Office and shall lodge as soon as may be after he has received the same, in the Central Office, a certified copy of the judgment or Order appealed from.

( b ) In any other case, lodge one copy of the notice of appeal (indorsed with particulars of service) with the County Registrar of the County in which the case was heard, and shall lodge as soon as may be after he has received the same, a certified copy of the judgement or Order appealed from, with the said County Registrar.

4. In the case of appeals to the High Court sitting in Dublin, the Appellant shall, without delay, lodge in the Central Office two books of appeal each containing copies of the pleadings (including particulars) and all other documents required for the hearing of the Appeal with a sufficient index, a true copy of which index shall have been previously furnished to every other party affected by the appeal. The appeal shall thereupon be set down by entering the same in the list of appeals and it shall come on to be heard according to its order in such list, unless the Court shall otherwise direct.

6. An appeal shall not operate as a stay of proceedings upon the judgment or Order appealed from unless the Circuit Judge, or, upon appeal, the High Court sitting in Dublin shall so order and then only upon such terms (if any) as the Circuit Judge or the High Court sitting in Dublin (as the case may be) may fix. Such appeal shall be by notice of motion served on all parties affected by the application and lodged in the Central Office within four days of the application to the Circuit Judge.

7. In the case of any appeal, if the Appellant shall, before the day of the hearing of the appeal, give notice in writing, to every party served with the notice of appeal and to the Chief Registrar of the Central Office in the case of appeals to the High Court sitting in Dublin or the County Registrar in any other case, that he does not intend to prosecute the appeal, there shall only be payable by the Appellant the costs properly and necessarily incurred prior to the date of service of such notice in writing.

10. Where a Defendant desires to contest as respondent in pursuance of the Civil Liability Act, 1961 , Section 32 (3), an appeal brought by a co-defendant, he shall serve notice of his intention to do so in the Form No. 30 in Appendix C upon such co-defendant and the plaintiff and upon any other party directly affected thereby, within seven days from the date on which the notice of appeal was served upon him, or within such extended time as may be allowed by the Court, and shall lodge a copy of the notice of intention to contest the appeal with the Chief Registrar of the Central Office in the case of appeals to the High Court sitting in Dublin or the County Registrar in any other case, at latest upon the day after the last service of such notice."

4. Form No. 1 in Appendix I is hereby amended by the deletion of "To/County Registrar, County of" and the substitution thereof of "To/Chief Registrar Central Office, High Court".

5. Rule 92 of Order 67 is hereby amended by the deletion of "£1,000" and the substitution therefor of "£5,000" and Form No. 18 in Appendix K is amended by the deletion of "£500" and the substitution therefor of "£5,000" and accordingly Rule 92 as so amended is set out in the Table to this Article.

TABLE

"Where no representation has been raised to the estate of a ward who has died intestate, and whose total assets appear to the Judge not to exceed £5,000 in value, any funds to which he was or his personal representatives would be entitled may, by direction of the Judge, be paid, transferred or delivered to the person who would be entitled to obtain letters of administration of his estate under the Succession Act, 1965 , upon such person making and filing with the Registrar a declaration in the Form 18".

6. The following Rules are hereby respectively substituted for Rules 5 (1) (c), 5 (1) (e), 5 (5), 65 of Order 79 and Rules 6 (1) (c), 6 (1) (e), 6 (5), 63 of Order 80.

Order 79

5 (1) ( c ) "The child or children of the deceased (including any person entitled by virtue of the Status of Children Act, 1987 , to succeed to the estate of the deceased);";

5 (1) ( e ) "The father or mother of the deceased or where the presumption contained in Section 4 A (2) of the Succession Act, 1965 (inserted by Section 29 of the Status of Children Act, 1987 ) applies, the mother;";

5 (5) "The provisions of the Adoption Acts, 1952 to 1988, (as construed in accordance with Section 27 (3) of the Status of Children Act, 1987 ) shall apply in determining the title to a grant as they apply to a devolution of property on intestacy.";

65 "In all cases where application is made for letters of administration (intestate or with a Will by which all the estate is not disposed of annexed) of the estate of a person dying or presumed to have died without known relation, notice of such application shall be given to the Attorney General, in order that he may determine whether it will be expedient to intervene on the part of the State; and no grant is to be issued until he has signified the course it will be proper to take.".

Order 80

6 (1) ( c ) "The child or children of the deceased (including any person entitled by virtue of the Status of Children Act, 1987 , to succeed to the estate of the deceased);";

6 (1) ( e ) "The father or mother of the deceased or where the presumption contained in Section 4 A (2) of the Succession Act, 1965 , (inserted by Section 29 of the Status of Children Act, 1987 ) applies, the mother;";

6 (5) "The provisions of the Adoption Acts, 1952 to 1988 (as construed in accordance with Section 27 (3) of the Status of Children Act, 1987 ) shall apply in determining the title to a grant as they apply to a devolution of property on intestacy.";

63 "In all cases where application is made for letters of administration (intestate or with a Will by which all the estate is not disposed of annexed) of the estate of a person dying or presumed to have died without known relation, notice of such application shall be given to the Attorney General, in order that he may determine whether it will be expedient to intervene on the part of the State; and no grant is to be issued until he has signified the course it will be proper to take.".

7. The following Rules are hereby, respectively, substituted for Rules 1 (1), 2 (1), 3 (1), 3 (2) and 3 (3) of Order 95—

1. Rule 1 (1)

"An Appeal to the Court, pursuant to the Veterinary Surgeons Act, 1931 , Section 39 (as amended by the Veterinary Surgeons Act, 1960 ) or the Opticians Act, 1956 , Section 30 or Section 39 or an application to the Court, pursuant to the Medical Practitioners Act, 1978 , Section 27 (5) or 31 (5) or pursuant to the Dentists Act, 1985 , Section 27 (5) or Section 30 (5) or Section 32 (6), or purusant to the Nurses Act, 1985 , Section 27 (7), shall be brought by special summons".

2. Rule 2 (1)

An application to the Court made pursuant to

( a ) the Veterinary Surgeons Act, 1931 , Section 34 (3) or Section 36 (5) (as amended by the Veterinary Surgeons Act, 1960 ) for the cancellation of a decision of the Veterinary Council, or pursuant to

( b ) The Medical Practitioners Act, 1978 , Section 46 (3), 47 (3) or 49 (3) for the cancellation of a decision of the Medical Council, or pursuant to

( c ) The Dentists Act, 1985 , Section 39 (3), 40 (3) or 42 (3) for the cancellation of a decision of the Dental Council, or pursuant to

( d ) the Nurses Act, 1985 , Section 39 (3), 40 (3) or 42 (3) for the cancellation of a decision of the Nursing Board,

shall be brought by special summons, to be issued within the time limited by the particular section of the relevant Statute and served on the Council or Board against whose decision the application is brought. The said Council or Board shall be named as respondent to the summons".

3 (1) Rule 3 (1)

"An application to the Court by

( a ) the Veterinary Council, pursuant to the Veterinary Surgeons Act, 1931 , Section 34 (4) or 36 (6) (as amended by the Veterinary Surgeons Act, 1960 ) or by

( b ) the Medical Council pursuant to the Medical Practitioners Act, 1978 , Section 46 (4), 47 (4) or 49 (4), or by

( c ) the Dental Council, pursuant to the Dentists Act, 1985 , Section 39 (4), 40 (4) or 42 (4), or by

( d ) the Nursing Board, pursuant to the Nurses Act, 1985 , Section 39 (4), 40 (4) or 42 (4),

shall be brought by special summons marked not for service.

3 (2) Rule 3 (2)

"The endorsement on the summons shall set forth in a summary form the material facts upon which the decision is based and shall state the nature of the decision, and shall be verified by an affidavit of the Registrar or other officer nominated for that purpose by the relevant Council or Board".

3 (3) Rule 3 (3)

"Every summons under this rule shall be entitled in the matter of the relevant Act and on the application of the Council or Board by which the same is brought".

8. These rules shall be construed together with the Rules of the Superior Courts and may be cited as the Rules of the Superior Courts (No. 2), 1989.

9. These rules shall come into operation on 13 February, 1989.

EXPLANATORY NOTE.

These rules, which come into operation on 13 February, 1989, make the necessary changes to the Rules of the Superior Courts, 1986 in the following respects—

— Orders 36 and 49 have been amended to take account of the Courts Act, 1988 (abolition of juries in personal injury cases in the High Court);

—Order 61 has been amended to provide for a more efficient procedure in relation to Circuit Court appeals to the High Court;

—Order 67 has been amended to increase a financial limit in relation to Wards of Court:

—Order 79 and 80 have been amended to take account of the Status of Children Act, 1987 ;

—Order 95 has been amended consequent on provisions in the Dentists Act, 1985 and the Nurses Act, 1985 .