S.I. No. 149/1970 - Circuit Court Rules (No. 1), 1970.

1. In this Order "the Act" means the

Landlord and Tenant (Ground Rents) Act, 1967

.

2. All notices served or proceedings taken, before these Rules shall have come into operation, in accordance with Section 22 of the Act and in accordance with the existing Rules and practice of the Court, shall have the same validity as notices served or proceedings taken in accordance with these Rules.

3. An appeal to the Circuit Court under Section 22(1) of the Act, shall be commenced by the issue of a Notice of Motion, which shall be in accordance with Form 1 in the Schedule of Forms to this Order, or such modification thereof as may be appropriate, and shall be called an action.

4. The appellant shall be the plaintiff and the other party to the arbitration under the Act shall be the respondent.

5. The Notice of Motion shall state whether the appeal is from the whole or part of the award, order or other decision of a County Registrar, and if the appeal is from a part only it shall specify such part.

6. An application to the Court under Section 22 (3) of the Act for leave to enforce the award or order of the County Registrar shall be commenced by the issue of a Notice of Motion which shall be in accordance with Form 2 in the Schedule of Forms to this Order, or such modification thereof as may be appropriate, and shall be called an action.

7. The applicant shall be the plaintiff and the other party to the arbitration shall be the respondent.

8. In every action the Notice of Motion shall be served before filing in accordance with the provisions as to service of Civil Bills and other documents contained in Order 10 of the Circuit Court Rules, 1950, as amended by the Circuit Court Rules, 1954, and the Circuit Court Rules (No. 1), 1965.

9. Every Notice of Motion shall state the date of commencement of the Sittings at which it is intended that the action shall be listed for hearing, and shall be filed in the Office not later than twenty-one days before the commencement of such Sittings. This Rule shall not apply to the Dublin Circuit.

10. This Rule shall apply to the Dublin Circuit. Every Notice of Motion shall state the date upon which it is desired that the action shall be listed for hearing, and shall be filed in the Office not later than twenty-one days before such date.

11. Upon the filing in accordance with these Rules of the Notice of Motion the County Registrar shall enter the same for hearing.

12. Every Notice of Motion shall be filed within seven days of the service thereof on the respondent, or, if there be more than one respondent, within seven days of service on the respondent last served. In default of such filing any respondent may himself file the same, and thereupon or at any time thereafter the Judge may make such order as to him shall seem right.

13. If a respondent wishes to dispute wholly or partly the claim of the plaintiff, he shall, within ten days after the service on him of the Notice of Motion, serve on the plaintiff and any other parties a Defence in accordance with Form 3 in the Schedule of Forms to this Order, or such modification thereof as may be appropriate, and such Defence shall be filed in the Office within seven days after the date of the last service thereof.

14. Every Notice of Motion shall be dated, and bear the name, address and description of the plaintiff, and shall be signed by his Solicitor, if any, or, if none, by himself.

15. Save by special leave of the Court every action under the Act shall be heard upon oral evidence.

16. A copy certified by the County Registrar of the award, order or decision appealed from or in respect of which an application is made shall be produced to the Court by the plaintiff on the hearing of the action.

17. In every action to which this Order applies the Judge may make all such orders as to costs as may be just and reasonable.

SCHEDULE OF FORMS

ORDER 62

AN CHÚIRT CHUARDA

(THE CIRCUIT COURT)

FORM 1.

APPEAL

....................Circuit

County of ....................

LANDLORD AND TENANT (GROUND RENTS) ACT, 1967

BETWEEN

and

Plaintiff

Respondent

TAKE NOTICE that the above named Plaintiff of

in the County of

hereby appeals to the Court sitting

at

pursuant to Section 22 of the above Act against

the (1) award/order/decision made by the County Registrar for the County

of

on the

day of

19 , in relation to the (2)

situate at

in the County of

A copy of the said (1) award/order/decision is annexed hereto.

AND TAKE NOTICE that the action is taken against the following terms and provisions of the said (1) award/order/decision :(3)

AND TAKE NOTICE that the plaintiff will rely on the following matters in support of the said action(4)

AND TAKE NOTICE that the action will be listed for hearing by the Court on the day of , 19 ,or on the first available day thereafter.

Dated the

day of

, 19.

Signed ..............................

Plaintiff(or Solicitor for Plaintiff)

Address............................................................

To: .......................................................

of ............................................................ .

the above named Respondent

(or Respondent's Solicitor)

and to: The County Registrar,

The Circuit Court Office,

(5)..............................

County ......................

(1) Inapplicable words should be deleted.

(2) Specify premises or property.

(3) Set out in full the appealed terms and provisions.

(4) Set out matters relied upon.

(5) Specify town and County.

AN CHÚIRT CHUARDA

(THE CIRCUIT COURT)

FORM 2

APPLICATION FOR LEAVE TO ENFORCE AWARD ORDER

.................... Circuit

County of....................

LANDLORD AND TENANT (GROUND RENTS) ACT, 1967

.

BETWEEN

and

Plaintiff

Respondent

TAKE NOTICE that the above named

of

in the County of

will apply on the

day of

19 , at 11 a.m.

to the Court sitting at

in the County of

pursuant to Section 22 (3) of the above Act for

leave to enforce the (1) award/order made by the County Registrar for

the County of

on the

day of

19 in relation to the (2)

situate at

in the County of

, in the above entitled matter. A copy of the said (1)

award/order is annexed hereto.

Dated the

day of

, 19 .

Signed ..............................

(1) Plaintiff or his Solicitor.

Address............................................................ ......

............................................................ .....

To: ............................................................ ...............

(1) Respondent or his Solicitor.

of ............................................................ ............

..........................................................

and to:The County Registrar, The Circuit Court Office,

(3)..............................

County......................

(1) Inapplicable words should be deleted.

(2) Specify premises or property.

(3) Specify town and County

AN CHÚIRT CHUARDA

(THE CIRCUIT COURT)

FORM 3.

DEFENCE

....................Circuit

County of....................

LANDLORD AND TENANT (GROUND RENTS) ACT, 1967

BETWEEN

and

Plaintiff

Respondent

Defence of the Respondent (1)

delivered the

day of

19 , by

of

Solicitor for the Respondent.

Dated the

day of

, 19 .

Signed ..............................

Respondent/or Solicitor for Respondent.

To: ..........................................................

of ..........................................................

the above-named Plaintiff or Plaintiff's Solicitor.

and to: The County Registrar, The Circuit Court Office,

(2).............................

County ........................

(1) Here set out grounds of Defence in numbered paragraphs.

(2) Specify town and County.

EXPLANATORY NOTE

These Rules, which come into operation on 5th October, 1970, prescribe the respective procedures and forms for appeals and applications to the Circuit Court under—

(

a

) section 21 and Part VI of the

Local Government (Planning and Development) Act, 1963

, and

(

b

)

section 22

of the

Landlord and Tenant (Ground Rents) Act 1967

.

S.I. No. 149 of 1970.

CIRCUIT COURT RULES (NO. 1), 1970.

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 upon 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, make the annexed Rules of Court.

DATED the 8th day of June, 1970.

Barra Ó Briain

J. C. Conroy

Thomas J. Neylon

James A. D'Arcy

Matthew Russell

Ernest J. Margetson

Michael T. Neary

Secretary.

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

Dated this 24th day of June, 1970.

DESMOND O'MALLEY,

Minister for Justice.

S.I. No. 149 of 1970.

CIRCUIT COURT RULES (NO. 1), 1970.

These Rules, which may be cited as the Circuit Court Rules (No. 1), 1970, shall come into operation on the fifth day of October, 1970, and shall be read and construed together with the Circuit Court Rules, 1950, as amended.

ORDER 61

LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1963