S.I. No. 328/2000 - Rules of the Superior Courts (No. 5) (Offer of Payment in Lieu of Lodgement), 2000

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 13th day of July, 2000

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

Dated this 19th day of October, 2000

John O'Donoghue

Aire Dli agus Cirt

Comhionannais agus Athchoirithe Dli.

S.I. NO. 328 of 2000

RULES OF THE SUPERIOR COURTS (NO. 5) (OFFER OF PAYMENT IN LIEU OF LODGMENT) 2000

(1)     The following shall be inserted as rule 14 of Order 22 of the Rules of the Superior Courts immediately after rule 13 thereof:

“Offer of Payment in Lieu of Lodgment:

14     (1)     A party shall be regarded as a qualified party for the purposes of this rule if it is:

(1)     a Minister of Government; or

(2)     the Attorney General; or

(3)     the Government; or

(4)     the State; or

(5)     any party in respect of whom the State is providing an indemnity;

(6)     an indemnifier of any party and authorised to carry on business in the State as an insurance undertaking pursuant to the law for the time being in force; or

(7)     the Motor Insurers Bureau; or

(8)     the Visiting Motor Insurers Bureau.

(2)     Where a qualified party is entitled to make or increase a lodgment on his own behalf or on behalf of any other party under the foregoing rules or by order of the Court then such party may, in lieu of lodging any money in Court, make an offer of tender of payment to the other party or parties to the cause or proceedings.

(3)     Any tender offer of payment made hereunder shall be deemed to be a lodgment and to have the same effect as a lodgment and all the foregoing provisions of Order 22 shall apply mutatis mutandis to such tender offers as regards time for making and accepting same as they apply to a lodgment.

(4)     A tender offer shall be made in accordance with the Form No. 4A or 5A, in Appendix C, as appropriate, and shall state whether liability is admitted or denied and, subject to rule 7, shall be regarded as part of the pleadings. Notice of acceptance of the tender shall be in the Form No. 6A in Appendix C and the provisions of rule 4 shall apply thereto.

(5)     In any case in which a tender offer has been accepted, the party having made such offer thereupon being required to pay the sum specified, such sum specified shall be paid within four weeks of the date of receipt of notice of acceptance of same.

(6)     Any qualified party who has made a tender offer which has been accepted but who has failed to pay the sum specified in the said tender offer within the time required shall continue to be liable to pay the sum specified together with interest thereon at the rate fixed for judgments of the Court for each month or portion of the month for which the said sum or any part thereof remains unpaid.

(7)     Any party or qualified party shall have liberty to apply to the Court in relation to any tender offer or any matter relating thereto and the court may make such order or give such directions thereon as shall appear just and proper”.

2.      This following shall be inserted as Form No. 4A, 5A and 6A respectively in Appendix C of the Rules of the Superior Court:

Notice of Tender Offer

(Title of Action)

TAKE NOTICE that the Defendant hereby makes the following offer of tender of payment of £     to the Plaintiff and says that the sum is enough to satisfy the Plaintiff's claim and liability is admitted (or denied) in respect of the said claim.

This tender is made on behalf of (insert name of party or qualified party or name of the indemnifier of the Defendant, as the case may be).

Dated:

Signed:

To:   (The Plaintiff or his Solicitor)

Notice of Additional Tender Offer

(Title of Action)

TAKE NOTICE that the Defendant hereby tenders the additional sum of £     in addition to the sum of £     already tendered as payment to the Plaintiff, making a total of £     in all and says that the total sum is enough to satisfy the Plaintiff's claim and liability is admitted (or denied) in respect of the said claim.

This tender is made on behalf of (insert name of party or of qualified party or name of the indemnifier of the Defendant, as the case may be)

Dated:

Signed:

To:

Acceptance of Sum Tendered to the Plaintiff

(Title of Action)

TAKE NOTICE that the Plaintiff accepts the sum of £     tendered by you in satisfaction of the claim in respect of which it is tendered.

Dated:

Signed:

To: (The Defendant or qualified party or his Solicitor)

3.      This rule shall come into operation on the 19th day of November, 2000 and shall be construed together with the Rules of the Superior Courts, 1986 to 1999.

4.      This Rule may be cited as the Rules of the Superior Courts (No 5) (Offer of payment in lieu of Lodgment), 2000.

Explanatory Note

(This note is not part of the Instrument and does not purport to be al legal interpretation).

This Rule provides for the making by qualified parties of an offer of tender of payment in lieu of lodging money in Court and is an addition to Order 22 of the Superior Courts Rules.