ISB SI

S.I. No. 189 of 1972.

CIRCUIT COURT RULES (No. 2), 1972.

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 the

Courts (Supplemental Provisions) Act, 1961

, section 48), and by

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 this 3rd day of August, 1972.

Barra Ó Briain

J. C. Conroy

Thomas J. Neylon

Roderick J. O'Hanlon

Matthew Russell

Ernest J. Margetson

Michael T. Neary, Secretary.

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

Dated this 3rd day of August, 1972.

DESMOND O'MALLEY,

Minister for Justice.

CIRCUIT COURT RULES (No. 2), 1972.

These Rules, which may be cited as the Circuit Court Rules (No. 2), 1972, shall come into operation on the 1st day of September, 1972.

Rule 1.

Rule 3 of the Circuit Court Rules, 1971 (

S.I. No. 41 of 1971

) is hereby revoked and the following Rule is substituted therefor:—

" 7. Whenever the Plaintiff's claim is for a debt or liquidated claim only, the endorsement, besides stating the nature of the claim shall state the amount claimed for debt or in respect of such demand, and for costs, respectively, and shall further state that, upon payment of such amount and costs within six days after service, further proceedings will be stayed. The amount to be so claimed for costs in all such cases where there has not been any order for service of the Civil Bill, or notice thereof, out of the jurisdiction, or for substituted or other service, or for substitution of notice for service, or declaring service effected sufficient, or any notice by advertisement of the issuing of the Civil Bill, shall be as follows:—

If the demand does not exceed £10

75p

Together with such outlay limited to stamp duty and service fees as may be appropriate to proceedings in the Circuit Court.

If the demand exceeds £10 but does not exceed £25

£1·50p

If the demand exceeds £25 but does not exceed £50

£2·15p

If the demand exceeds £50 but does not exceed £250

£3·40p

If the demand exceeds £250 but does not exceed £500

£4·50p

If the demand exceeds £500 but does not exceed £1,000

£6.00p

If the demand exceeds £1,000 but does not exceed £1,500

£7.00p

If the demand exceeds £1,500

£8·00p

If there are more defendants than one, the above amounts may be increased by the sum of £0·35p for each additional defendant served."

Rule 2.

Rule 5 of Order 58 of the Rules of the Circuit Court, 1950, (

S.I. No. 179 of 1950

) is hereby revoked and the following Rule is substituted therefor :—

"5. The award of costs in any case shall include witnesses' expenses unless disallowed in whole or in part by the Judge. Such expenses shall be measured by the Judge or where the Judge so directs by the County Registrar, subject to an appeal to the Court.

In this rule the word " expenses " shall in the case of an expert witness include his reasonable charges in respect of all necessary matters preliminary to the hearing."

EXPLANATORY NOTE.

These Rules, which come into operation on 1 September, 1972, provide for a revised scale of costs in debt and liquidated claim cases settled before entry. The Rules also provide for the revocation of Rule 5 of Order 58 of the Rules of the Circuit Court, 1950 (

S.I. No. 179 of 1950

) and the substitution of a new Rule therefor.