S.I. No. 149/1982 - District Court (Malicious Injuries Act, 1981) Rules, 1982

1. the preliminary notice and notice of the application were served,

2. on the day of 19 , damage to an amount exceeding £100 was maliciously caused to a ship *within the harbour at /*at a place within one mile beyond the coastal boundary of the respondent's area/ by three or more persons tumultuously and riotously assembled,

3. property, to wit, was in the course of the riot unlawfully taken from the ship,

4. the applicant suffered the loss of the property so taken,

5. the respondent is the local authority for the place on shore nearest the place where the property was taken,

6. the said place on shore is within the court area and district aforesaid,

AWARDS to the applicant the sum of £ for compensation with £ for costs and £ for witnesses' expenses, making together the sum of £

*(AND ORDERS that same be paid out of the funds of the respondent/third party)

*(and being satisfied that liability for compensation should be apportioned between the respondent and the third party as follows:—

*Delete words inapplicable

the respondent % and the third party %

ORDERS that of the said total sum £ be paid out of the funds of the respondent and £ out of the funds of the third party)

AND COMMANDS all sheriffs and county registrars to levy the amount of the award, costs, witnesses' expenses, together with interest at the rate of 11% per annum on the amount of†the award (exclusive of costs and witnesses' expenses) from the date hereof, and to take in execution the goods of the respondent (and third party) to satisfy the said award, costs, witnesses' expenses and interest on award.

†If it exceeds £150

Dated this day of 19 ,

Signed

Justice of the District Court

(County Registrar's warrant to be added)

Rule 6

Form 11

MALICIOUS INJURIES ACT, 1981

ORDER REFUSING COMPENSATION

District Court Area of

District No.

Applicant

of

Respondent

*Third Party

*Delete words inapplicable

THIS APPLICATION for an award of compensation coming before the Court this day

WHEREUPON the Court, having considered the same and not being satisfied that the applicant is entitled to compensation, orders that the application be and the same is hereby refused and that the applicant do pay to the respondent the sum of £ for costs and £ for witnesses expenses, making together the sum of £

*(and to the third party the sum of £ for costs and £ for witnesses' expenses, making together the sum of £ )

AND COMMANDS all sheriffs and county registrars to levy the amount of the costs and witnesses' expenses and to take in execution the goods of the applicant to satisfy the said costs and expenses.

Dated this day of 19 ,

Signed

Justice of the District Court.

(County Registrar's warrant to be added)

Rule 11

Form 12

MALICIOUS INJURIES ACT, 1981

section 18 (2) (a)

NOTICE OF APPLICATION TO STATE A CASE

District Court Area of

District No.

Applicant

Respondent

Third Party

TAKE NOTICE that

of

the above-named applicant/respondent/third party/a ratepayer who appeared and was heard in the above mentioned proceedings/being dissatisfied with your determination of the above proceedings on the day of 19 , as being erroneous on a point of law, hereby applies to you to state and sign a case setting forth the facts and the grounds of the determination for the opinion thereon of the Supreme Court.

Dated this day of 19 ,

Signed

Applicant/Respondent/Third Party/Ratepayer/or Solicitor

To the Justice of the District Court

assigned to the said District

Rule 12

Form 13

MALICIOUS INJURIES ACT, 1981

section 18

CERTIFICATE OF REFUSAL TO STATE A CASE

District Court Area of

District No.

Applicant

Respondent

Third Party

IT IS HEREBY CERTIFIED that a request/an application was made to

the Court by

of

the above-named applicant/respondent/third party/

a ratepayer who appeared and was heard in the above-mentioned proceedings/

to state a case in this matter, and that the said request/application was refused.

Dated this day of 19 ,

Signed

Justice of the District Court

Rule 14

Form 14

MALICIOUS INJURIES ACT, 1981

section 18

NOTICE BY CLERK THAT A CASE STATED HAS BEEN PREPARED AND SIGNED

District Court Area of

District No.

Applicant

Respondent

Third party

TAKE NOTICE that the Case Stated for the opinion of the Supreme Court herein has been prepared and signed and that a copy thereof may be inspected at this office.

Dated this day of 19 ,

Signed

District Court Clerk,

District Court Office,

To

of

Applicant

To

of

Respondent

To

of

Third Party

To

of

Ratepayer

SCHEDULE OF COSTS

Solicitors' costs, where awarded under the

Malicious Injuries Act, 1981

to a respondent or to or against a ratepayer.

Amount of compensation claimed

Costs

Exceeding £100 and not exceeding £200

£8

Exceeding £200 and not exceeding £600

£47

Exceeding £600 and not exceeding £1,100

£73

Exceeding £1,100 and not exceeding £2,500

£123

The above costs shall be exclusive of and in addition to all actual and necessary outlay.

Counsel's fees, where awarded under the

Malicious Injuries Act, 1981

to a respondent or to or against a ratepayer.

To counsel when the amount of compensation claimed

(i) does not exceed £250 ... ... ... ...

£25

(ii) exceeds £250 but does not exceed £1,000 ... ...

£35

(iii) exceeds £1,000 but does not exceed £2,500 ... ...

£45

A fee for counsel may not be included in an award of costs under the Act unless the court certifies that, in its opinion, the employment of such counsel was necessary for the attainment of justice or for enforcing or defending the rights of the party concerned, and no additional fee shall be allowed to counsel as between party and party for any other work, including preliminary advice, consultation and advice on proofs.

Given this 29th day of April, 1982.

T. F. Donnelly, Chairman

M. Cyril Maguire

William A. Tormey

John P. Clifford

J. J. O'Sullivan

Thelma King

Sean McMullin

Seamus S. O'Cathasaigh

I concur in the making of the foregoing Rules.

Dated this 19th day of May, 1982.

SEAN DOHERTY

Minister for Justice

EXPLANATORY NOTE

These Rules prescribe District Court procedures in respect of applications for compensation under the

Malicious Injuries Act, 1981

and set out the scale of solicitors' costs and fees of counsel applicable in the District Court under the Act other than the costs of an application for compensation which are payable by a local authority. The Minister for Trade, Commerce and Tourism has, under section 2 (2) (a) of the

Prices (Amendment) Act, 1972

, consented to the exercise by the rule-making authority (the District Court Rules Committee with the concurrence of the Minister for Justice) of their statutory powers to regulate the costs and fees dealt with in the Rules.

7. The Court may, in relation to any act or proceedings under the Act or under these Rules, extend the time for, set aside either wholly or in part, amend or otherwise deal with in such manner and on such terms as the Court may think just, such act or proceedings.

8. Costs, where awarded, other than costs of an application for compensation which are payable by a local authority, shall be in accordance with the scale of costs set out in the schedule of costs annexed to these Rules.

Where liability for compensation is apportioned between two or more local authorities, the costs, and expenses if any, awarded to the applicant shall be similarly apportioned.

9. A lodgment under section 16 (2) of the Act shall be made not later than seven days before the return day and the provisions of Rule 132 of the Principal Rules (which relate to lodgments in court) shall

mutatis mutandis

apply but a notice of intention to defend shall not be required.

10. The provisions of the Principal Rules relating to appeals to the Circuit Court and the Forms therein prescribed for that purpose shall,

mutatis mutandis

apply to an appeal taken under section 17 of the Act, including an appeal by a ratepayer. The Court may exempt an appellant from the necessity of entering into a recognisance for appeal.

11. An application pursuant to section 18 (2) (a) of the Act to state and sign a case shall be by notice in the Form 12 which shall be lodged with the district court clerk for the court area in which the proceedings were determined within fourteen days after the determination. A copy thereof shall within the same period be served by registered post on each of the other parties and any ratepayer who appeared in the proceedings, and where the application is made by a ratepayer a copy of the notice shall be served by registered post on each of the parties.

12. Where the Court refuses to state a case it shall cause to be delivered to the applicant therefor a certificate of such refusal in the Form 13 and shall cause a copy of such certificate to be sent to the other party or parties and to any ratepayer who appeared.

13. Where a request or an application for a case stated is granted, the case shall be prepared and signed within six months.

14. Where the Court on its own motion states a case for the opinion of the Supreme Court the district court clerk shall, when the case has been prepared and signed, give notice in the Form 14 to each of the parties and to any ratepayer who appeared.

15. Where on request or application a case has been stated and signed the district court clerk shall give notice thereof to the person so requesting or applying.

16. The district court clerk shall keep a book which shall be known as the "Malicious Injuries Book" in which shall be entered particulars of all notices of application and third party notices lodged under Rules 4 or 5 hereof and details of all proceedings on foot thereof.

17. Where under section 16 (1) of the Act a local authority settles a claim brought against it the form of consent or settlement (and withdrawal of application), signed by the parties, shall forthwith be lodged with the district court clerk, who shall attach it to the notice of application lodged and, having noted the settlement in the Malicious Injuries Book, shall retain said documents in his office.

18. Non-compliance with these Rules shall not render any proceedings void unless the Court shall so direct.

SCHEDULE OF FORMS

General heading to be used on all forms:—

AN CHÚIRT DÚICHE

THE DISTRICT COURT

______________________

Rule 4

Form 1

MALICIOUS INJURIES ACT, 1981

NOTICE OF APPLICATION FOR COMPENSATION FOR MALICIOUS DAMAGE TO PROPERTY

District Court Area of

District No.

Applicant

Respondent

WHEREAS on the day of 19 ,

at in the court area and district aforesaid, property, to wit,

was maliciously damaged to the amount of £ , as follows:—+

+Nature of damage

and thereby the applicant of

has suffered loss,

AND WHEREAS a preliminary notice was served on the day of 19 , in accordance with the provisions of section 8 of the Act,

TAKE NOTICE that application for compensation for the loss will be made at the sitting of the District Court to be held at

on the day of 19 , at .m.

Dated this day of 19 ,

Signed

Applicant or Solicitor for the applicant

To the Council of the County of

the Coropration of the County Borough of

Respondent

Rule 4

Form 2

MALICIOUS INJURIES ACT, 1981

NOTICE OF APPLICATION FOR COMPENSATION FOR MALICIOUS DAMAGE TO PROPERTY UNLAWFULLY TAKEN AND REMOVED FROM THE DISTRICT

District Court Area of

District No.

Applicant

Respondent

WHEREAS on the day of 19 , property, to wit, was unlawfully taken at in the court area and district aforesaid and removed from said district, and same was maliciously damaged to the amount of £ as follows:—

+

+Nature of damage

and thereby the applicant of

has suffered loss,

AND WHEREAS a preliminary notice was served on the day of 19 , in accordance with the provisions of section 8 of the Act,

TAKE NOTICE that application for compensation for the loss will be made at the sitting of the District Court to be held at on the day of 19 , at .m.

Dated this day of 19 ,

Signed

Applicant or Solicitor for the applicant

To the Council of the County of

the Corporation of the County Borough of

Respondent

Rule 4

Form 3

MALICIOUS INJURIES ACT, 1981

NOTICE OF APPLICATION FOR COMPENSATION FOR MALICIOUS DAMAGE TO PROPERTY

(in a harbour or within one mile beyond the coastal boundary or removed therefrom)

District Court Area of

District No.

Applicant

Respondent

WHEREAS on the day of 19 ,

property to wit,

*(within the harbour at )

*(at a place within one mile beyond the coastal boundary of the respondent's area)

*[having been unlawfully taken, was removed from * (within the harbour at )*(a place within one mile beyond the coastal boundary of the respondent's area and]

was maliciously damaged to the amount of £ as follows:—

*Delete words inapplicable

+

+Nature of damage

whereby the applicant of

has suffered loss,

AND WHEREAS a preliminary notice was served on the day of 19 , in accordance with the provisions of section 8 of the Act,

TAKE NOTICE that application for compensation for the loss will be made at the sitting of the District Court to be held at on the day of 19 , at .m.

Dated this day of 19 ,

Signed

Applicant or Solicitor for the applicant

To

the Council of the County of

the Corporation of the County Borough of

Respondent

Rule 4

Form 4

MALICIOUS INJURIES ACT, 1981

NOTICE OF APPLICATION FOR COMPENSATION FOR LOSS OF PROPERTY UNLAWFULLY TAKEN FROM A BUILDING IN THE COURSE OF A RIOT

District Court Area of

District No.

Applicant

Respondent

WHEREAS on the day of 19 ,

at in court area and district aforesaid, *(a building ) *(property within the curtilage of a building) was maliciously damaged to an amount exceeding £100 in the course of a riot,

*Delete words inapplicable

AND WHEREAS in the course of the riot property, to wit, valued £ was unlawfully taken from the building and the applicant of has suffered the loss thereof,

AND WHEREAS a preliminary notice was served on the day of 19 , in accordance with the provisions of section 8 of the Act,

TAKE NOTICE that an application for compensation for the loss will be made at the sitting of the District Court to be held at on the day of 19 , at .m.

Dated this day of 19 ,

Signed

Applicant or Solicitor for the applicant

To

the Council of the County of

the Corporation of the County Borough of

Respondent

Rule 4

Form 5

MALICIOUS INJURIES ACT, 1981

NOTICE OF APPLICATION FOR COMPENSATION FOR LOSS OF PROPERTY UNLAWFULLY TAKEN FROM A SHIP IN THE COURSE OF A RIOT

District Court Area of

District No.

Applicant

Respondent

WHEREAS on the day of 19 ,

*(within the harbour at )

*(at a place within one mile beyond the coastal boundary of the respondent's area) a ship was maliciously damaged to an amount exceeding £100 in the course of a riot,

*Delete words inapplicable

AND WHEREAS in the course of the riot property, to wit, valued £ was unlawfully taken from the ship and the applicant of

has suffered the loss thereof,

AND WHEREAS a preliminary notice was served on the day of 19 , in accordance with the provisions of section 8 of the Act,

TAKE NOTICE that an application for compensation for the loss will be made at the sitting of the District Court to be held at on the day of 19 ,at .m.

Dated this day of 19 ,

Signed

Applicant or Solicitor for the applicant

To

the Council of the County of

the Corporation of the County Borough of

Respondent

Rule 6

Form 6

MALICIOUS INJURIES ACT, 1981

DECREE FOR COMPENSATION FOR MALICIOUS DAMAGE TO PROPERTY

District Court Area of

District No.

Applicant

of

Respondent

*Third Party

*Delete words inapplicable

THIS APPLICATION for an award of compensation for malicious damage to property coming before the Court this day

WHEREUPON THE COURT, being satisfied that

S.I. No. 149 of 1982.

DISTRICT COURT (MALICIOUS INJURIES ACT, 1981) RULES, 1982

The District Court Rules Committee, in exercise of the powers conferred on them by

section 91

of the

Courts of Justice Act, 1924

,

section 72

of the

Courts of Justice Act, 1936

, and

section 17

of the

Interpretation Act, 1937

(as applied by

section 48

of the

Courts (Supplemental Provisions) Act, 1961

), and

section 34

of the

Courts (Supplemental Provisions) Act, 1961

, do hereby, with the concurrence of the Minister for Justice, make the following Rules of Court:—