S.I. No. 229/1990 - Rules of the Superior Courts (No. 3), 1990.

1. The following shall be inserted after the word "damages" in Rule 1 (1) of Order 22 of the Rules of the Superior Courts:—

"(other than an action to which

Section 1

(1) of the

Courts Act, 1988

applies)".

2. The following shall be inserted as Rule 1 (7) and Rule 1 (8) of Order 22 of the Rules of the Superior Courts—

1 (7) "A Defendant may once without leave and upon notice to the Plaintiff pay into Court a sum of money in satisfaction of any action to which

Section 1

(1) of the

Courts Act, 1988

applies, either at the time of the delivery of a Defence or within a period of four months from the date of the Notice of Trial. A Defendant who has not made such payment within the time permitted or who wishes to increase such sum as has been lodged may only do so by leave of the Court and upon such terms and conditions as to the Court seem fit."

1 (8) "In an action to which

Section 1

(1) of the

Courts Act, 1988

applies, the pleadings shall not disclose the fact that money has been paid into Court or the amount thereof nor shall communication of such facts be made to the Judge provided always that a Judge may, before or at the trial of such action, enquire for good or sufficient reason as to whether, and if so in what amount, a payment has been made into Court under the preceding sub-rule."

3. The following shall be inserted after the word "Order" in Rule 7 (1) of Order 22 of the Rules of the Superior Courts:—

"(except where paid under Rule 1 (7))".

4. These rules shall be construed together with the Rules of the Superior Courts and may be cited as the Rules of the Superior Courts (No. 3), 1990.

5. These rules shall come into operation on the 24th day of September, 1990.

EXPLANATORY NOTE.

These Rules amend provisions in Order 22 of the Rules of the Superior Courts concerning the payment of money into Court in personal and fatal injury cases.

S.I. No. 229 of 1990.

RULES OF THE SUPERIOR COURTS (No. 3), 1990.

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the

Courts of Justice Act, 1936

, section 67, and reconstituted pursuant to the provisions of the

Courts of Justice Act, 1953

, section 15, by virtue of the powers conferred upon us by the

Courts of Justice Act, 1924

, section 36, and the Courts of Justice Act, section 68 (as applied by the

Courts (Supplemental Provisions) Act, 1961

, section 48) and the

Courts (Supplemental Provisions) Act, 1961

, section 14, and of all other powers enabling us in this behalf, do hereby make the annexed Rules of Court.

Dated this 26th day of July, 1990.

Thomas A. Finlay

Mella Carroll

Liam Hamilton

Harry Hill

Frank Griffin

Edward F. Comyn

Anthony Hederman

D.R. Pigot

Sean Gannon

I concur in the making of the annexed Rules of Court

Dated this 13th day of September, 1990.

RAY BURKE,

Aire Dlí agus Cirt.

S.I. No. 229 of 1990.

RULES OF THE SUPERIOR COURTS (No. 3), 1990.