S.I. No. 525/2005 - Circuit Court Rules (Funds in Court) 2005

1. The County Registrar shall cause a copy of the order requiring the lodgement concerned (or other particulars of lodgement as may be prescribed by the Accountant) to be furnished to the Accountant.

2. The order containing the direction for lodgement of funds in court shall, within 14 days of its being made be taken up by the plaintiff or other party for whose benefit the lodgement is to be made and served by that party by registered post on the party required to make the lodgement.

3. The funds are to be lodged within 28 days of service of the order for lodgement on the party required to make the lodgement (interest is payable on late lodgements).

4. The funds concerned will be paid directly into the Accountant's Office (cheques being made payable to the Accountant) and that Office will issue a receipt for the funds to the lodging party and will notify the County Registrar of receipt.

5. Payments out of funds lodged with the Accountant which are authorised by order will be made by the Accountant upon receipt by the Accountant from the County Registrar of a certified copy of the order for payment (or other particulars of payment as may be prescribed by the Accountant). Payment may be made to the payee at the Accountant's Office where the payee, within fourteen days of the order so requests and in default payment will be made to the payee by funds transfer or by post. However, the rules allow for the court to order an alternative arrangement for payment (e.g. for payment to be made to the payee care of the payee's solicitor).

6. Where a plaintiff who is not under any legal disability wishes to accept a lodgement, the plaintiff will require to serve on the County Registrar and the Accountant a notice of acceptance, together with a copy of the notice of acceptance served on the defendant or letter consenting to late acceptance of lodgement, as the case may be. Payment in such circumstances will be made to the plaintiff, or on the plaintiff's written authority to the plaintiff's solicitor.

In the case of any category of proceedings, or of awards or lodgements made in proceedings, concerning which the President of the Circuit Court has not prescribed that funds be lodged with the Accountant, the existing procedure in the Circuit Court for lodgement and payment will apply. In such cases, the Accountant may, in consultation with the County Registrar for the county concerned, prescribe a bank or other institution at which moneys to be lodged in court shall be paid in, in which event the bank or institution concerned shall cause a receipt to be given to the person making the lodgement.

7. (1) Where funds have been lodged with the Accountant—

(

a

) Every direction by the Accountant for the payment, delivery, or transfer of funds or securities out of Court, or for the sale, investment, or carrying over of funds, other than one transmitted by electronic means in pursuance of sub rule 6 hereof, shall be signed by (i) the Accountant, or, in his absence, the deputy Accountant or (ii) the Chief Clerk.

(

b

) The name of every officer authorised to sign directions in pursuance of paragraph (

a

) hereof shall be notified to the Institution and to any other company required to act on such directions together with the time for which, in the case of temporary appointment, the same is to continue; and such notification shall, in the case of the Accountant and the Deputy Accountant, be signed by the Chief Executive of the Courts Service.

(2) Where funds have been lodged with the Accountant—

(

a

) Every such direction shall be countersigned by such officer in the Accountant's Office as shall have been appointed by the Accountant for that purpose.

(

b

) The name of every officer authorised to countersign directions in pursuance of paragraph (

a

) hereof shall be notified to the Institution and to any other company required to act on such directions together with the time for which, in the case of temporary appointment, the same are to continue; and such notification shall be signed by the Accountant or the Chief Clerk.

(3) An officer countersigning any such direction shall compare it with the copy of the schedule as filed in the Accountant's Office, and shall satisfy himself that such direction is authorised by and in conformity with such schedule. Such officer shall note the directions which he countersigns, and the date of countersigning, in the copy of the schedule.

(4) The name of every officer authorised to sign directions in pursuance of sub rule 1 hereof and of every officer authorised to countersign directions in pursuance of sub rule 2 hereof shall be notified to the Institution and to any other company required to act on such directions together with the time for which, in the case of temporary appointment, the same are to continue; and such information shall be under the hand of the Accountant or the Chief Clerk.

(5) Directions countersigned by any such officer during the continuance of his authority shall be sufficient, although the same shall not be presented to be acted on until his authority shall have ended.

(6) The Accountant may effect payment or transfer of funds out of Court electronically in such form and manner as the President of the Circuit Court may from time to time direct.

(7) In this rule the word “direction” means a cheque, draft, warrant, or other authority to the Institution to pay or receive money lodged or to be lodged in Court or an instrument transferring any stocks or shares standing in the name of the Accountant.

8. (1) Where the Accountant is required by order or otherwise to pay any dividend, annuity or other periodical payment, he shall, at the expiry of eleven months from the date of the first such payment, and at intervals of not more than twelve months thereafter, cause inquiries to be made for the purpose of reviewing the relevant particulars of the payee and revising his records where appropriate.

(2) Where a person (in this rule referred to as “the payee”) is entitled under an order or otherwise to receive a payment, and unless the order or authority for payment directs otherwise, the following provisions shall apply

(

a

) the Accountant shall, upon receipt of a request in writing from the payee within fourteen days from the date of the order or other authority for payment effect such payment by delivery of the direction for payment to the payee at the Accountant's Office upon production to the Accountant of evidence of the identity of the payee sufficient to satisfy the Accountant;

(

b

) where a request has not been received by him in accordance with paragraph (

a

) hereof, the Accountant may effect such payment (i) by transfer to an account in the name of the payee specified in writing by the payee, (ii by post, to an address specified in writing by the payee;

(

c

) where a power of attorney executed by the payee and attested, is sent or delivered to the Accountant, he may deliver the direction for payment to the attorney nominated by the power (i) in person, upon production to the Accountant of evidence of the identity of the attorney sufficient to satisfy the Accountant, (ii) by transfer to an account in the name of the attorney as the attorney may, by request made in writing, require, or (iii) by post, to an address specified in writing by the attorney.

(3) (

a

) Where any payment has been authorised whether by order or otherwise before directing such payment, the Accountant may where he deems fit require evidence of the identity of the payee sufficient to satisfy the Accountant.

(

b

) Where the direction for payment is a draft, the same shall be payable to the payee, and crossed so as to be payable only through a banker.

V. Audit of accounts

9. (1) On or after the 31st day of January in each year the Accountant shall prepare an account, in such form as may be prescribed by him with the approval of the President of the Circuit Court, showing the total amount of funds paid or transferred into and out of Court in the year ended on the 30th day of September then last year past and the balance of funds in Court at the commencement and close of such year.

(2) The Accountant shall, not later than the 31st day of January in each year, arrange for an audit of the account referred to in sub rule 1 hereof to be carried out by an independent auditor not later than the 31st day of March in each year immediately following the year to which the account relates.

(3) Copies of the said account, audited in accordance with sub rule 2 hereof, shall be forwarded to the Minister for Justice, Equality and Law Reform and the Minister for Finance.”

(ii) by the substitution, in Order 15, of

(

a

) the following for Rule 13

“13. Where the plaintiff, not being under any legal disability, wishes to accept the amount lodged, payment thereof shall be made to the plaintiff or on his written authority to his solicitor without the necessity for any Decree or Order by the Court, upon the lodgement with the County Registrar or (where the amount concerned has been lodged with the Accountant) with the Accountant and the County Registrar, of a notice of acceptance of such amount in full satisfaction of the claim in respect of which the lodgement is made, signed by the plaintiff or his solicitor. In addition the plaintiff shall lodge a copy of the notice required in Rule 12, or, when no notice was served within the time specified in Rule 12 a letter from the defendant's solicitor (or where he has no solicitor, from the defendant), consenting to the late acceptance of the amount lodged.”

and

(

b

) the following for Rule 20

“20. In all actions where a lodgment of money is made pursuant to the provisions of the Rules of this Order the party making such lodgment may by notice to the County Registrar or (where the lodgement has been made with the Accountant by notice to the Accountant, request that the money be invested. The party making such lodgement shall be entitled to any capital gain or income accruing thereon and such capital gain or income shall be paid out to the solicitor for the person who made same or, if there is no solicitor on record for such person, to the person who made same upon the determination of the proceedings subject to any ruling to the contrary which the Court may make. Such income or capital gain shall not form part of such lodgement.”

S.I. No. 525 of 2005

.

CIRCUIT COURT RULES (FUNDS IN COURT) 2005.

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 on 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, Equality and Law Reform, make the annexed Rules of Court.

Dated this 27th day of June 2005.

MATTHEW DEERY

(Chairman of the Circuit Court Rules Committee)

KATHERINE DELAHUNT

JOE DEANE

FERGAL FOLEY

NOEL RUBOTHAM

GERARD J. DOHERTY

SUSAN RYAN

(Secretary)

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

Dated this 23rd day of August 2005.

MICHAEL McDOWELL,

Minister for Justice, Equality and Law Reform.

S.I. No. 525 of 2005

.

CIRCUIT COURT RULES (FUNDS IN COURT) 2005.