S.I. No. 585/2008 - Circuit Court Rules (Consumer Protection Act 2007) 2008

1. [Here insert the grounds upon which the Plaintiff is relying for the reliefs sought, to include all facts relevant to the alleged failure to carry out the decision or to carry out in accordance with its terms a decision or determination concerned].

2. [Here insert basis of jurisdiction].

3. [Here insert name, address and description of the Applicant].

4. [*The said determination of the Tribunal was communicated to the Applicant on the day of 20 and the time for appeal against said determination expired on the day of 20 ][*An appeal was brought against said determination, but abandoned on the day of 20 ].

5. The original determination of the Tribunal, or a copy of same, certified by or on behalf of the Applicant as being a true copy of the determination received from the Tribunal is annexed to this Notice of Motion.

Dated the day of 20.

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

Applicant /Solicitor for the Applicant

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

The Respondent /Solicitor for the Respondent

And

To: The Employment Appeals Tribunal

And

To: The County Registrar

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Rules create a new Order 72B of the Circuit Court Rules to facilitate the operation of section 71 (Civil relief by way of prohibition orders), 72 (Prohibition orders against code owners), 74(Right of action for damages in respect of a prohibited act or practice), 81(Compensation orders) and Schedule 6 of the

Consumer Protection Act 2007

.

*insert as appropriate

6. (1) An application by the Agency to the Court for an order under section 81(1) of the Act shall be made to the trial judge immediately upon, or as soon as may be following, conviction. The trial judge may adjourn the application and may direct the filing of any affidavit or may, where it is necessary or desirable in the interests of justice, direct that the application be determined on oral evidence (and the Court may for that purpose make orders and give directions in relation to the exchange of pleadings or points of claim or defence between the Agency and the person convicted).

(2) Judgment shall be entered in a case to which section 81(6) applies by the aggrieved consumer filing in the Office for the County concerned a certified copy of the compensation order together with an affidavit sworn by or on behalf of the aggrieved consumer verifying the conviction and that the compensation order has not been complied with.

7. (1) Applications under

section 9

of the

Terms of Employment (Information) Act 1994

, as applied and modified by section 87 and Schedule 6 of the Act shall be made in the County in which the respondent employer ordinarily resides or carries on any profession, trade or business.

(2) The application shall be made by way of Originating Notice of Motion which shall indicate whether or not an appeal has been brought from the Employment Appeals Tribunal’s determination. If no such appeal has been brought, the Notice shall indicate that the time for appeal has elapsed, or, if an appeal has been brought, the Notice shall indicate the date upon which Notice of Appeal was given and evidence of abandonment thereof. Such application shall be in accordance with Form 36J of the Schedule of Forms. The Originating 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.

(3) There shall be filed with the Originating Notice of Motion the original letter or notice from the Tribunal communicating its determination or a certified copy thereof.

(4) The Originating Notice of Motion shall be served on the respondent not later than fourteen days before the date of the sitting for which the application is returnable in accordance with the provisions as to service of Civil Bills.

(5) Notice of every application shall be given to the Tribunal, by the delivery of a copy of the Originating Notice of Motion at, or by sending same by prepaid registered post to, the Office of the Secretary of the Tribunal.

(6) Upon the application on notice of any party the Judge may order any other party to deliver full and better particulars of any matters stated in the application, or to deliver copies of any documents referred to therein.

(7) Save by special leave of the Court, or save as otherwise provided for by the Act, all applications under the Act shall be heard upon oral evidence.

(8) The Court may make such Order as to costs as may be appropriate, including an Order measuring the costs.”

S.I. No. 585 of 2008

CIRCUIT COURT RULES (CONSUMER PROTECTION ACT 2007) 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

6

th January

, 2009.

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of

section 69

of the

Courts of Justice Act 1936

, 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 14th day of October 2008.

(Signed): Matthew Deery

(Chairman of the Circuit Court Rules Committee)

Patrick Hunt

Ronan Boylan

Noel Rubotham

Susan Ryan

Patricia Casey

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

Dated this 22 day of December 2008

Signed: DERMOT AHERN

MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM

S.I. No. 585 of 2008

CIRCUIT COURT RULES (CONSUMER PROTECTION ACT 2007) 2008