S.I. No. 470/2009 - Circuit Court Rules (Statutory Applications and Appeals) 2009

1. To the County Registrar at

I request that you will enter an Appearance herein on behalf of the respondent to the originating *[notice of motion] *[notice of appeal] served upon him on .. 20..

Dated .. 20..

Signed

Respondent/Solicitor for the Respondent, of

2. To the Applicant/Appellant/Solicitor for the Applicant/Appellant

The Appearance mentioned above was this day lodged by hand (sent by post) and the said respondent intends to defend this proceeding.

Dated .. 20..

Signed

Respondent/Solicitor for the Respondent

*insert as appropriate

O. 64B, r. 2(1)

FORM 50

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUITCOUNTY OF

IN THE MATTER OF SECTION OF THE ..

ORIGINATING NOTICE OF MOTION

BETWEEN

Applicant

AND

Respondent(

s

)

Take notice that application will be made to the Court aton the..20.., or the next opportunity thereafter on behalf of [here, insert the name, address and description of the applicant] for

(1) An order under [here, specify the provision of the relevant enactment relied on] against the first-named respondent of.in the county of [here, specify the nature of the order sought, e.g. an order directing, requiring or compelling that respondent to take a specified step or do a specified thing or prohibiting or restraining the respondent from, or directing the respondent to cease or refrain from, taking a specified step or doing a specified thing; an order directing, requiring or compelling the respondent to perform, comply with, carry out, implement, or for the enforcement of, a decision, determination, recommendation or settlement of a specified relevant authority]

*(2) An order under [] against the second-named respondent of.in the county of []

[Insert any further or consequential relief or orders sought]

And further take notice that the said application will be grounded upon the affidavit of .sworn on .20, a copy of which is served with this originating notice of motion.

Dated 20..

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

Applicant /Solicitor for the Applicant

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

The Respondent /Solicitor for the Respondent

And

To: [Relevant authority (where applicable)]

And

To: The County Registrar

*insert as appropriate

O. 64B, r. 2(3)

FORM 50A

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUITCOUNTY OF

IN THE MATTER OF SECTION OF THE ..

ORIGINATING MOTION

Take notice that application will be made to the Court at.on the..20.., or the next opportunity thereafter on behalf of

[here, insert the name, address and description of the applicant]

for

(1) An order under

[here, specify the provision of the relevant enactment relied on] [here, specify the nature of the order sought,]

[Insert any further or consequential relief or orders sought]

And further take notice that the said application will be grounded upon the affidavit of .sworn on .20, which is filed with this originating motion.

Dated. 20...

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

Applicant /Solicitor for the Applicant

To: The County Registrar

O. 64C, r. 2(1)

FORM 50B

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUITCOUNTY OF

IN THE MATTER OF SECTION OF THE ..

NOTICE OF APPEAL

BETWEEN

Appellant

AND

Respondent(

s

)

Take notice that the above-named appellant will appeal to the Court aton the..20.., or the next opportunity thereafter from the

[here, specify decision or determination made or direction given by the relevant authority concerned]

given on .20

on the grounds that

[here, set out grounds of appeal]

[Insert any further or consequential relief or orders sought]

And further take notice that the said appeal will be grounded upon the affidavit of .sworn on .20, a copy of which is served with this notice of appeal.

Dated . 20..

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

Appellant /Solicitor for the Appellant

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

The Respondent /Solicitor for the Respondent

And

To: [Relevant authority (where applicable)]

And

To: The County Registrar

EXPLANATORY NOTE

(This does not form part of the instrument and does not purport to be a legal interpretation.)

These rules amend Order 15 and Order 27 and insert new Orders 64B and 64C into the rules to provide a template procedure to accommodate applications and appeals made to the Circuit Court under statutory regimes.

3. (1) The notice of appeal shall be grounded upon an affidavit sworn by or on behalf of the appellant which shall

(

a

) contain a description of the appellant, including particulars sufficient to explain the standing of the appellant to appeal under the relevant provision of the enactment, and, where the deponent is not the appellant, the authority of the deponent to make the affidavit on behalf of the appellant;

(

b

) if the appellant is acting in any representative capacity, or relief is sought against any respondent in a representative capacity, state the capacity of the appellant or, as the case may be, the respondent;

(

c

) state the authority of the relevant authority to make the decision, determination or direction from which appeal is made;

(

d

) state the interest of any respondent and of any other person given notice of the appeal in the decision, determination or direction from which appeal is made;

(

e

) exhibit

(i) a copy of any application made to the relevant authority;

(ii) the evidence and any other material adduced to the relevant authority, and copies of all relevant correspondence and documents passing between the appellant and the relevant authority;

(iii) any official record and, if relevant, any other record of the proceedings before the relevant authority;

(iv) a copy of the decision, determination or direction made or given (as the case may be) by the relevant authority;

(

f

) set out the facts or circumstances relevant to the making of the decision, determination or direction from which appeal is made (including any act or omission of the principal respondent complained of) which it is alleged support the granting of the appeal in respect of the decision, determination or direction or of any consequential or additional relief sought, and

(

g

) set out the basis of the deponent’s belief as to the existence of the facts or circumstances referred to in the preceding paragraph.

(2) Subject to any direction the Court may give, copies of documentation exhibited in the grounding affidavit shall be incorporated in a single exhibit, in which event they shall be indexed and numbered sequentially in chronological order.

4. Nothing in these Rules shall affect the validity of any step taken or any other thing done in any proceedings on any relevant application within the meaning of Order 64B rule 1 or in any proceedings on any appeal referred to in Order 64C rule 1(2), initiated before the commencement of these Rules. Any such proceedings shall, save where the court in those proceedings otherwise orders, be continued and completed as if these Rules had not been made.

5. Form No. 5B following shall be inserted in the Schedule of Forms annexed to the Circuit Court Rules immediately following Form No. 5A. Forms No. 50, 50A and 50B following shall be inserted in the Schedule of Forms annexed to the Circuit Court Rules immediately following Form No. 49.

No 5B

O. 15, r. 7A

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUITCOUNTY OF

In the matter of [state relevant provision of the enactment pursuant to which the application/appeal is made]

BETWEEN

Applicant/Appellant

AND

Respondent(

s

)

ENTRY OF APPEARANCE

6. An affidavit giving the names and addresses of, and the places and dates of service on, all persons who have been served with, or to whom have been delivered, the notice of appeal, and copies of the grounding affidavit and exhibits (if any) shall be filed by the appellant before the appeal is heard. If any person who ought under this Order to have been served has not been so served, the affidavit shall state that fact and the reason for it.

7. (1) On the return date of any notice of appeal pursuant to this Order (or on any adjournment of such hearing), the Court shall give directions and make orders for the conduct of the proceedings as appear convenient for the determination of the proceedings in a manner which is just, expeditious and likely to minimise the costs of those proceedings, which may include

(

a

) directions as to the service of notice of the appeal on any other person including mode of service and the time allowed for such service (and may for that purpose adjourn the hearing of the notice of motion or further hearing of same to a date specified);

(

b

) directions as to the filing and delivery of any further affidavits by any party or parties;

(

c

) directions as to the furnishing by the parties to the Court and delivery of written submissions on any issue which arises as to the proper scope of the appeal or as to the matter which ought to be before the Court on the hearing of the appeal, and directions as to the hearing and determination of any such issue;

(

d

) orders fixing time limits;

(

e

) a direction that the appeal be determined on oral evidence, where it appears to the Court that the subject matter of the appeal is likely to involve a substantial dispute of fact or it is otherwise necessary or desirable in the interests of justice (and the Court may for that purpose make such orders and give such directions in relation to the exchange of pleadings or points of appeal or reply between the parties);

(

f

) directions as to discovery;

(

g

) directions as to the furnishing by the parties to the Court and delivery of written submissions;

(

h

) directions as to the exchange of memoranda between or among the parties for the purpose of the agreeing by the parties or the fixing by the Court of any issues of fact or law to be determined in the proceedings on the appeal, or orders fixing such issues.

(2) On the return date of any notice of appeal pursuant to this Order (or on any adjournment from such date), the Court may, where it appears just and proper, make orders for relief of an interlocutory nature, whether in the nature of an injunction or otherwise.

8. Save where the Court otherwise directs, any evidence in proceedings to which this Order relates shall be given on affidavit.”.

S.I. No. 470 of 2009

CIRCUIT COURT RULES (STATUTORY APPLICATIONS AND APPEALS) 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

4

th December

, 2009.

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 13th day of October 2009.

(Signed): Matthew Deery

(Chairman of the Circuit Court Rules Committee)

Alison Lindsay

Tony Hunt

Fergal Foley

Gerard J. Doherty

Ronan Boylan

Susan Ryan

Noel Rubotham

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

Dated this 27th day of November 2009

Signed: DERMOT AHERN

MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM

S.I. No. 470 of 2009

CIRCUIT COURT RULES (STATUTORY APPLICATIONS AND APPEALS) 2009