Courts Act, 1991

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Number 20 of 1991

COURTS ACT, 1991

ARRANGEMENT OF SECTIONS

Number 20 of 1991

COURTS ACT, 1991

AN ACT TO AMEND AND EXTEND THE COURTS OF JUSTICE ACTS, 1924 TO 1961, THE COURTS (ESTABLISHMENT AND CONSTITUTION) ACT, 1961 , AND THE COURTS (SUPPLEMENTAL PROVISIONS) ACTS, 1961 TO 1988, AND TO PROVIDE FOR OTHER MATTERS RELATING TO THE COURTS. [15th July, 1991]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Interpretation.

1.—(1) In this Act—

“the Act of 1851” means the Petty Sessions (Ireland) Act, 1851 ;

“the Act of 1924” means the Courts of Justice Act, 1924 ;

“the Act of 1936” means the Courts of Justice Act, 1936 ;

“the Act of 1961” means the Courts (Supplemental Provisions) Act, 1961 ;

“the Act of 1977” means the Courts Act, 1977 ;

“the Act of 1981” means the Courts Act, 1981 ;

“the Act of 1985” means the Courts Act, 1985 .

(2) A reference in this Act to any other enactment shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended or applied by or under any other enactment including this Act.

Extension of jurisdiction of Circuit Court.

2.—(1) The Third Schedule to the Act of 1961 is hereby amended—

(a) by the substitution of “£30,000” for “£15,000” (inserted by the Act of 1981) in each place in column (3) where it occurs, and

(b) by the substitution of “£15,000” for “£7,500” (inserted by the Act of 1981) in the said column (3) at reference number 14.

(2) The Fifth Schedule to the Act of 1961 is hereby amended by the substitution of “£30,000” for “£15,000” (inserted by the Act of 1981) in column (3) opposite the mention in column (2) of the Attorneys' and Solicitors' Act, 1870 .

(3) The Act of 1936 is hereby amended—

(a) by the substitution of “£30,000” for “£15,000” (inserted by the Act of 1981) in section 20, and

(b) by the substitution of “£30,000” for “£15,000” (inserted by the Act of 1981) in section 23.

Extension of jurisdiction of Circuit Court under Registration of Title Act, 1964.

3.— Section 18 of the Registration of Title Act, 1964 , is hereby amended by the substitution of “£200” for “£60” in subsection (2).

Extension of jurisdiction of District Court.

4.—Section 77 of the Act of 1924 is hereby amended in paragraph A—

(a) by the substitution of the following clauses for clauses (i) to (iii) (inserted by the Act of 1981):

“(i) in contract, breach of contract, tort (except slander, libel, seduction, slander of title, malicious prosecution and false imprisonment) and claims for damages unconnected with contract, where the claim does not exceed £5,000:

Provided that the decision of a justice of the District Court in a case in which a question of title to land is in issue shall not operate as an estoppel in or bar to a suit in any court in relation to such land;

(ii) in ejectment for non-payment of rent or over-holding in any class of tenancy where the rent does not exceed such sum as amounts or might amount to £5,000 per annum;

(iii) in proceedings at the suit of the State or any State authority (within the meaning of the Courts (Supplemental Provisions) Act, 1961 ) or any officer thereof to recover any sum not exceeding £5,000 due to or recoverable by or on behalf of the State whether by way of penalty, debt or otherwise, and notwithstanding any enactment now in force requiring such sum to be sued for in the High Court or other superior court;”,

(b) by the substitution of “£5,000” for “£2,500” (inserted by the Act of 1981) in clause (v) (inserted by the Act of 1936),

and

(c) by the insertion of the following proviso at the end of the said paragraph A:

“Provided that a judge of the District Court shall have jurisdiction to hear and determine any proceedings of the kind mentioned in this paragraph, notwithstanding any monetary limit that may for the time being apply under this section where the necessary parties to the proceedings sign, either before or at any time during the hearing, the form of consent prescribed by rules made under section 91 of this Act.”.

Extension of jurisdiction of District Court in interpleader by under-sheriffs.

5.— Section 22 (1) of the Enforcement of Court Orders Act, 1926 , is hereby amended by the substitution of “£5,000” for “£2,500” (inserted by the Act of 1981).

Extension of jurisdiction of District Court under Hire-Purchase Acts, 1946 and 1960.

6.—(1) Section 19 of the Hire-Purchase (Amendment) Act, 1960 , is hereby amended by the substitution of “£5,000” for “£2,500” (inserted by the Act of 1981) in subsections (1) and (2).

(2) Section 33 (4) (a) of the Act of 1961 is hereby amended by the substitution of “£5,000” for “£2,500” (inserted by the Act of 1981).

Extension of jurisdiction of District Court in cases of detinue.

7.—Section 33 (3) of the Act of 1961 is hereby amended by the substitution of “£5,000” for “£2,500” (inserted by the Act of 1981).

Extension of jurisdiction of District Court under Family Home Protection Act, 1976.

8.— Section 10 of the Family Home Protection Act, 1976 , is hereby amended by the substitution of “£5,000” for “£2,500” (inserted by the Act of 1981) in subsection (5).

Extension of jurisdiction of Circuit Court and District Court under Hotel Proprietors Act, 1963.

9.— Section 10 of the Hotel Proprietors Act, 1963 , is hereby amended—

(a) by the substitution of “£30,000” for “£15,000” (inserted by the Act of 1981) in subsection (1), and

(b) by the substitution of “£5,000” for “£2,500” (inserted by the Act of 1981) in subsection (2).

Extension of jurisdiction of Circuit Court and District Court under Local Government (Water Pollution) Act, 1977.

10.— Section 10 (inserted by section 7 of the Local Government (Water Pollution) (Amendment) Act, 1990 ) of the Local Government (Water Pollution) Act, 1977 , is hereby amended in subsection (1)—

(a) by the substitution of “£5,000” for “£2,500” in paragraph (b) (i),

(b) by the substitution of “£30,000” for “£15,000” in paragraph (b) (ii),

(c) by the substitution of “£5,000” for “£2,500” in paragraph (c) (i), and

(d) by the substitution of “£30,000” for “£15,000” in paragraph (c) (ii).

Extension of jurisdiction of Circuit Court and District Court under Family Law (Maintenance of Spouses and Children) Act, 1976.

11.— Section 23 (inserted by the Act of 1981) of the Family Law (Maintenance of Spouses and Children) Act, 1976 , is hereby amended in subsection (2) (a)—

(a) by the substitution of “£200” for “£100”, and

(b) by the substitution of “£60” for “£30”.

Extension of jurisdiction of Circuit Court and District Court under Guardianship of Infants Act, 1964.

12.—Section 5 (inserted by the Act of 1981) of the Guardianship of Infants Act, 1964 , is hereby amended by the substitution of “£60” for “£30” in subsection (2).

Extension of jurisdiction of Circuit Court and District Court under Family Law Act, 1981.

13.— Section 8 of the Family Law Act, 1981 , is hereby amended—

(a) by the substitution of “£30,000” for “£15,000” in subsection (1), and

(b) by the substitution of “£5,000” for “£2,500” in subsection (2).

Amendment of Act of 1981.

14.—The Act of 1981 is hereby amended by the substitution of the following section for section 17:

“Limitation on amount of plaintiff's costs in certain proceedings.

17.—(1) Where an order is made by a court in favour of the plaintiff or applicant in any proceedings (other than an action specified in subsections (2) and (3) of this section) and the court is not the lowest court having jurisdiction to make an order granting the relief the subject of the order, the plaintiff shall not be entitled to recover more costs than he would have been entitled to recover if the proceedings had been commenced and determined in the said lowest court.

(2) In any action commenced and determined in the High Court, being an action where the amount of damages recovered by the plaintiff exceeds £25,000 but does not exceed £30,000, the plaintiff shall not be entitled to recover more costs than he would have been entitled to recover if the proceedings had been commenced and determined in the Circuit Court, unless the judge hearing the action grants a special certificate, for reasons stated in the order, that, in the opinion of such judge, it was reasonable in the interests of justice generally, owing to the exceptional nature of the proceedings or any question of law contained therein, that the proceedings should have been commenced and determined in the High Court.

(3) In any action commenced and determined in the High Court, being an action where the amount of the damages recovered by the plaintiff exceeds £5,000 but does not exceed £15,000, the plaintiff shall not be entitled to recover more costs than whichever of the following amounts is the lesser, that is to say, the amount of such damages or the amount of costs which he would have been entitled to recover if the action had been commenced and determined in the Circuit Court.

(4) It shall not be lawful for rules of court to contain or impose any restriction on the amount of costs recoverable by any party from any other party in any action or other proceeding, but nothing in this subsection shall prevent the insertion in rules of court of a restriction on the amount of the costs recoverable which is identical with a restriction imposed by this section nor the fixing by rules of court of the amount recoverable by any person as and for the costs and expenses incurred by him in the doing of any specified thing in any particular form of action or other proceeding.

(5) (a) Where an order is made by a court in favour of the plaintiff or applicant in any proceedings (not being an appeal) and the court is not the lowest court having jurisdiction to make an order granting the relief the subject of the order, the judge concerned may, if in all the circumstances he thinks it appropriate to do so, make an order for the payment to the defendant or respondent in the proceedings by the plaintiff or applicant of an amount not exceeding whichever of the following the judge considers appropriate:

(i) the amount, measured by the judge, of the additional costs as between party and party incurred in the proceedings by the defendant or respondent by reason of the fact that the proceedings were not commenced and determined in the said lowest court, or

(ii) an amount equal to the difference between—

(I) the amount of the costs as between party and party incurred in the proceedings by the defendant or respondent as taxed by a Taxing Master of the High Court or, if the proceedings were heard and determined in the Circuit Court, the appropriate county registrar, and

(II) the amount of the costs as between party and party incurred in the proceedings by the defendant or respondent as taxed by a Taxing Master of the High Court or, if the proceedings were heard and determined in the Circuit Court, the appropriate county registrar on a scale that he considers would have been appropriate if the proceedings had been heard and determined in the said lowest court.

(b) A person who has been awarded costs under paragraph (a) of this subsection may, without prejudice to his right to recover the costs from the person against whom they were awarded, set off the whole or part thereof against any costs in the proceedings concerned awarded to the latter person against the first-mentioned person.

(6) In this section ‘relief’ includes damages.”.

Remittal or transfer of certain actions.

15.—(1) When any action is pending in the Circuit Court which might, apart from section 4 (c) of this Act, have been commenced in the District Court, any party to the action may, at any time before the commencement of the trial thereof, apply to the Circuit Court that the action be remitted or transferred to the District Court, and, if the court considers that the action is fit to be prosecuted in the Circuit Court, it may retain such action therein, and, if it does not consider the action fit to be prosecuted in the Circuit Court, it may remit or transfer the action to the District Court to be prosecuted before the judge assigned to such district court district as may appear to the Circuit Court suitable and convenient upon such terms and subject to such conditions as to costs or otherwise as may appear to it to be just:

Provided that the Circuit Court may remit or transfer any action, whatever may be the amount of the claim formally made therein, if the court is of opinion that the action should not have been commenced in the Circuit Court but in the District Court if at all.

(2) In an action for unliquidated damages that has been remitted or transferred to the District Court under this section or under section 25 of the Act of 1924, the District Court may make an order awarding an amount in excess of £5,000, but not exceeding £10,000, to a party to such an action.

(3) The jurisdiction of the High Court under section 25 of the Act of 1924, which relates to the remittal or transfer of actions pending in the High Court, may, on application to the High Court in that behalf by any party to such an action, be exercised in relation to the action at any time before the commencement of the trial thereof.

(4) Section 2 of the Courts Act, 1988 , is hereby repealed.

Variation by order of certain monetary limits.

16.—(1) The Government may, if and whenever they are satisfied that—

(a) a monetary amount for the time being standing specified in any provision of any enactment conferring jurisdiction in a civil matter on the Circuit Court or District Court and indicating the limit of the jurisdiction so conferred, or

(b) a monetary amount for the time being standing specified in subsection (2) or (3) of section 17 (inserted by this Act) of the Act of 1981,

should, having regard to changes in the value of money generally in the State since the said monetary amount was so specified, be varied, make an order varying the monetary amount so standing specified and the said provision shall have effect in accordance with the terms of any such order.

(2) A draft of every order proposed to be made under this section shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving the draft has been passed by each such House.

Number of ordinary judges of High Court.

17.—(1) The number of ordinary judges of the High Court shall not be more than 16.

(2) The following paragraph shall be substituted for paragraph (b) (inserted by the Courts (No. 2) Act, 1981 ) of section 14 (1) of the Law Reform Commission Act, 1975 :

“(b) in case on being so appointed he is the President of the High Court or an ordinary judge of the High Court, then for so long as he continues to hold the judicial office held by him on so being appointed—

(i) the number of ordinary judges of the High Court shall not be more than 17, and

(ii) the reference in section 17 (1) of the Courts Act, 1991, to 16 shall be construed as a reference to 17, and”.

(3) Section 1 of the Courts (No. 2) Act, 1981 , is hereby repealed.

Number of judges of Circuit Court.

18.—The Act of 1977 is hereby amended—

(a) in section 1, by the substitution of the following subsection for subsection (2) (inserted by the Act of 1985):

“(2) The number of ordinary judges of the Circuit Court shall not be more than 17.”,

and

(b) in section 2—

(i) by the substitution of the following paragraphs for paragraph (a) (inserted by the Act of 1985) of subsection (1):

“(a) There shall be 8 judges of the Circuit Court permanently assigned to the Dublin Circuit.

(aa) There shall be 2 judges of the Circuit Court permanently assigned to the Cork Circuit.”,

and

(ii) by the substitution of the following subsection for subsection (2):

“(2) Where a judge of the Circuit Court is appointed, the Government shall permanently assign him—

(a) to the Dublin Circuit if at the date of the appointment there are less than 8 judges permanently assigned to that circuit, or

(b) to the Cork Circuit if at the date of the appointment there are less than 2 judges permanently assigned to that circuit, or

(c) to any other circuit to which at the date of appointment there is no judge permanently assigned.”.

Number of justices of District Court.

19.—Section 1 of the Act of 1977 is hereby amended by the substitution of “45” for “thirty-nine” in subsection (3).

Permanent assignment of justices of District Court to districts.

20.—The Sixth Schedule to the Act of 1961 is hereby amended in paragraph 2 (1) by the substitution for clause (b) (inserted by the Act of 1977) of the following:

“(b) Where, at the time of the appointment of a person to be a justice of the District Court, there are 11 justices of the District Court not permanently assigned to particular districts, the Government shall assign that person permanently to a particular district.”.

Amendment of Courts (Establishment and Constitution) Act, 1961.

21.—(1) The Courts (Establishment and Constitution) Act, 1961 , is hereby amended—

(a) in section 5, by the substitution in subsection (2) (b) of “Judge of the District Court” for “Justice of the District Court”, and

(b) in section 6—

(i) by the substitution in subsection (1) (b) of “judge of the District Court” for “justice of the District Court”, and

(ii) by the substitution in subsection (6) of “judge” for “justice”.

(2) References in any statute or instrument made under statute to a justice of the District Court shall be construed as references to a judge of the District Court.

Service of summonses.

22.—(1) Notwithstanding section 12 of the Act of 1851 and without prejudice to the provisions of any Act authorising the service of summonses in any particular manner in particular cases, a summons issued in a case of summary jurisdiction under section 11 (2) or 13 of the Act of 1851 or section 1 of the Act of 1986 may be served upon the person to whom it is directed—

(a) by sending, by registered prepaid post, a copy thereof in an envelope addressed to him at his last known residence or most usual place of abode or at his place of business in the State,

(b) by sending, by any other system of recorded delivery prepaid post specified in rules of court, a copy thereof in such an envelope as aforesaid, or

(c) by delivery by hand, by a person other than the person on whose behalf it purports to be issued authorised in that behalf by rules of court, of a copy thereof in such an envelope as aforesaid.

(2) Service of a summons upon a person pursuant to subsection (1) of this section shall, upon proof that a copy of the summons was placed in an envelope and that the envelope was addressed, recorded, prepaid and sent or was delivered in accordance with the provisions of the said subsection (1), be deemed to be good service of the summons upon the person unless it is proved, whether in pursuance of an application under subsection (6) of this section or otherwise, that the person did not receive notice of the summons or of the hearing to which the summons relates.

(3) Where service of a summons upon a person is effected by a means provided for in subsection (1) (a) or (b) of this section—

(a) the summons shall, subject to subsection (2) of this section, be deemed to be served upon the person at the time at which the envelope containing a copy of the summons would be delivered in the ordinary course of post,

(b) the placing of a copy of the summons in the envelope and the addressing, recording, prepaying and sending, in accordance with the provisions of subsection (1) (a) or (b) of this section, of the envelope may be proved by a statutory declaration (which shall be endorsed upon the original summons and shall be made, not earlier than 10 days after the day on which the envelope is posted, by the person who posted the envelope) exhibiting the record of posting of the envelope aforesaid and stating, if it be the case, that the original summons was duly issued at the time of posting and that the envelope has not been returned undelivered to the sender, and

(c) the time, date and place of posting of the envelope shall be endorsed upon the original summons.

(4) Where a summons has been issued under section 11 (2) of the Act of 1851 or section 1 of the Act of 1986 and served upon the person to whom it is directed by a means of service provided for in subsection (1) of this section and that person neither appears at the time and place specified in the summons nor at the hearing of the complaint or accusation to which the summons relates, the District Court may, if it considers it undesirable in the interests of justice, whether because of the gravity of the offence or otherwise, to continue the hearing in the absence of the person, adjourn the hearing to such time and place as the Court may direct to enable the person to be notified in such manner as the Court may direct of the adjourned hearing.

(5) Where the District Court has adjourned the hearing of a complaint or accusation under subsection (4) of this section and the person to whom the summons concerned is directed does not appear at the adjourned hearing, the District Court may, if the complaint or accusation has been substantiated on oath and if the Court is satisfied that reasonable notice of the adjourned hearing was given to the person in accordance with the said subsection (4), issue a warrant for the arrest and bringing of the person before it to answer the said complaint or accusation or proceed to hear the complaint or accusation in the absence of the person.

(6) (a) Where a summons has been issued under section 11 (2) of the Act of 1851 or section 1 of the Act of 1986 and the District Court has proceeded to hear the complaint or accusation to which the summons relates, the person to whom the summons is directed may, if he did not receive notice of the summons or of the hearing to which the summons relates, within 21 days after the said summons or hearing comes to his notice or such further period as the District Court may, having regard to the circumstances, allow, apply to the District Court to have the proceedings set aside.

(b) Notice of an application under paragraph (a) of this subsection shall—

(i) be lodged with the District Court clerk for the District Court area in which the hearing to which the summons relates has taken place,

(ii) be in the form prescribed by rules of court,

(iii) state that the applicant did not receive notice of the summons or of the hearing to which the summons relates until a time specified in the notice of the said application, being a time after the commencement of the hearing to which the summons relates,

and the hearing of the application shall not take place before the expiration of a period of 21 days from the date of such lodgment as aforesaid or such shorter period as the District Court may allow.

(c) A person who, in connection with an application under this subsection, makes a statement that he knows to be false or misleading in a material respect shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500 or to 3 months imprisonment or to both.

(7) The District Court may, on the hearing of an application under subsection (6) of this section, grant or refuse to grant the application and may direct that the complaint or accusation to which it relates be heard again at such time and place as the Court may direct.

(8) The rule-making authority for the time being for the District Court may make rules for carrying this section into effect.

(9) In this section—

“the Act of 1986” means the Courts (No. 3) Act, 1986 ;

“a case of summary jurisdiction” means a case which may be heard or disposed of only summarily or under section 6 of the Criminal Justice Act, 1951 ;

“District Court area” shall include the Dublin Metropolitan District.

Short title, collective citation and commencement.

23.—(1) This Act may be cited as the Courts Act, 1991.

(2) The Courts (Supplemental Provisions) Acts, 1961 to 1988, and this Act may be cited together as the Courts (Supplemental Provisions) Acts, 1961 to 1991.

(3) Sections 2 to 4 (b) and 5 to 14 of this Act shall come into operation on the day that is 1 month after the date of the passing of this Act, but shall not apply in relation to proceedings in any court instituted before that day.

(4) Sections 4 (c), 15 and 21 of this Act shall come into operation on the day that is 3 months after the date of the passing of this Act, but shall not apply in relation to proceedings in any court instituted before that day.

(5) Section 22 of this Act shall come into operation on the day that is 3 months after the date of the passing of this Act.