S.I. No. 191/2008 - Circuit Court Rules (County Registrar) 2008


S.I. No. 191 of 2008

CIRCUIT COURT RULES (COUNTY REGISTRAR) 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 17th June, 2008.

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of section 69 of the Courts of Justice Act 1936 , and section 12 of the Courts of Justice Act 1947 , by virtue of the powers conferred on us by section 66 of the Courts of Justice Act 1924 and section 70 of the Courts of Justice Act 1936 , (as applied by section 48 of the Courts (Supplemental Provisions) Act 1961 ) and section 27 of the Courts (Supplemental Provisions) Act 1961 , and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the annexed Rules of Court.

Dated this 29 day of April 2008.

(Signed): Matthew Deery

(Chairman of the Circuit Court Rules Committee)

Alison Lindsay

Tony Hunt

Patrick Hunt

Fergal Foley

Gerard J. Doherty

Joe Deane

Ronan Boylan

Noel Rubotham

Susan Ryan (Secretary)

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

Dated this 11 day of June 2008.

Signed: DERMOT AHERN

MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM

S.I. No. 191 of 2008

CIRCUIT COURT RULES (COUNTY REGISTRAR) 2008

1. These Rules, which may be cited as the Circuit Court Rules (County Registrar) 2008, shall come into operation on the 9 day of July 2008.

2. These Rules shall be construed together with the Circuit Court Rules 2001.

3. The Circuit Court Rules are amended by the insertion following sub-rule (3) of rule 1 of Order 18 of the following:

“(4) Unless the same issue has been determined by the Judge (or an application for such a determination is pending before the Judge), the County Registrar may order that a further and better statement of the nature of the claim or Defence or counterclaim, or further and better particulars of any matter stated in any pleading, notice, or written proceeding requiring particulars, or copies of accounts or documents or further information referred to in Order 17, be delivered, upon such terms as to costs and otherwise as may be just.”

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EXPLANATORY NOTE

(This does not form part of the Instrument and does not purport to be a legal interpretation)

These Rules amend the Circuit Court Rules to empower a County Registrar to make an order for the delivery of a further and better statement of the nature statement of the nature of a claim or defence or counterclaim, or further and better particulars.