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2014_si_485 IE

S.I. No. 485/2014 - Rules of the Superior Courts (Court of Appeal Act 2014) 2014.

31 Articles / Provisions · Ireland
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Table of Provisions (31)

Statutory Text (31 Articles)

ISB SI

4. 3.2 Name and address of debtor(s)

HAS BEEN

*5. RECTIFIED as due to a material error there is the following discrepancy between the European Enforcement Order Certificate and the underlying judgment

*6. WITHDRAWN because

ISB SI

5. Documents relied on

Please set out below a list of all of the documents (other than those identified in the notice of appeal) on which the respondent intends to rely at the hearing of the appeal

ISB SI

6. 2 *the European Enforcement Order Certificate was clearly wrongly granted for another reason: ......................................

and the original of the said European Enforcement Order Certificate (and every duplicate thereof) has not been lodged with this Court.

Done at the Four Courts, Dublin on the ...... day of ......................... 20........

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

*[A Registrar of the High Court of Ireland]

*[Registrar of the Court of Appeal of Ireland]

*[Registrar of the Supreme Court of Ireland]

(seal)

*delete where appropriate

EXPLANATORY NOTE

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

These Rules regulate the procedure to be employed in the exercise by the Supreme Court and Court of Appeal of the jurisdiction conferred on those courts respectively by the amendments of the Constitution comprised in the Thirty-third Amendment of the Constitution, and make consequential amendments to the existing Rules and forms.

ISB SI

7. Respondent Details

Where there are two or more respondents affected by this application for leave to appeal, please provide relevant details, where known, for each of those respondents

If the Respondent is not legally represented please complete the following

Please submit your completed form to

Office of the Registrar of the Court of Appeal (Civil)

The Four Courts

Inns Quay

Dublin

together with a certified copy of the Order and the Judgment in respect of which it is sought to appeal.

Save in the case of a notice of appeal from a decision made otherwise than

inter partes

, this notice is to be served, within seven days after it has been issued, on all parties directly affected by the appeal. A respondent may consent in writing to late service of a notice of appeal.

Note: The appellant must not later than four days before the date fixed for the directions hearing, lodge with the Registrar and serve on each respondent affected by the expedited appeal an indexed and paginated directions booklet.

No. 7

O. 86, r. 15(1)

COURT OF APPEAL

CIVIL

Respondent’s Notice (Ordinary Appeal)

[Title and record number as per the High Court/Circuit Court proceedings]

If opposing the appeal, please complete remaining sections.

ISB SI

8. Respondent Details

Where there are two or more respondents affected by this appeal, please provide relevant details, where known, for each of those respondents

If the Respondent is not legally represented please complete the following

Please submit your completed form to

Office of the Registrar of the Court of Appeal (Civil)

The Four Courts

Inns Quay

Dublin

together with an attested copy of the Order and any written Judgment in respect of which it is sought to appeal not later than ten days from the perfecting of the Order appealed against.

Save in the case of a notice of appeal from a decision made otherwise than

inter partes

, this notice is to be served, within seven days after it has been issued, on all parties directly affected by the appeal. A respondent may consent in writing to late service of a notice of appeal.

Note: The appellant must not later than four days before the date fixed for the directions hearing, lodge with the Registrar and serve on each respondent affected by the expedited appeal an indexed and paginated directions booklet.

No. 5

O. 86A, r. 11

COURT OF APPEAL

CIVIL

Respondent’s Notice (Expedited Appeal)

[Title and record number as per the High Court proceedings]

If opposing the appeal, please complete remaining sections.

ISB SI

9. (1) Where a person has, on his conviction, been sentenced to a fine, the person lawfully authorised to receive such fine shall, on receiving the same, retain it until the determination of any appeal in relation thereto.

(2) An appellant who has been sentenced to a fine and has paid the same in accordance with such sentence shall, if an appeal by him is successful, be entitled, subject to any order of the Court of Appeal, to the return of the sum so paid by him.

Suspension of certain compensation orders

ISB SI

10. Where, on the conviction of a person, the trial court-martial directs, pursuant to section 213 of the Act of 1954, the payment by that person of a sum as compensation for any personal injury, expense, loss, damage or destruction occasioned by the offence of which he was convicted, the operation of such direction shall be suspended until the expiration of 28 clear days, or in any case to which rule 4(2) applies, 35 clear days after the date of promulgation of the finding and sentence of the trial court-martial and, in cases where notice of appeal is duly given, the period of suspension of such direction shall continue until the determination of the appeal.

Recovery of compensation paid on successful appeal

ISB SI

11. An appellant who has been directed by the trial court-martial to pay any sum as compensation and has paid the same in accordance with such direction shall, in the event of an appeal by him being successful, be entitled, subject to any order of the Court of Appeal, to the return of the sum so paid by him.

VII. PROCEEDINGS OF TRIAL COURT-MARTIAL

Delivery to Registrar of proceedings of trial court-martial

ISB SI

12. (1) On request by the Registrar, the Court-Martial Administrator shall furnish to him the proceedings of the trial court-martial.

(2) A party interested in an appeal to the Court of Appeal may obtain from the Registrar a copy of the proceedings of the trial court-martial or any part thereof as relates to the appeal upon payment of the proper charges.

VIII. EXHIBITS FOR USE OF THE COURT OF APPEAL AND APPELLANTS

Documents, exhibits, etc

ISB SI

13. (1) The Registrar may, on an application made to him by the appellant or the prosecutor, or shall where he considers the same to be necessary for the proper determination of any appeal or he is directed by the Court of Appeal so to do, obtain and keep available for use by the Court of Appeal, any documents, exhibits, or other things relating to the proceedings before the Court of Appeal. Pending the determination of the appeal, such documents, exhibits, or other things shall be open for inspection by any party interested, as and when the Registrar may arrange. In suitable cases the Registrar may, in lieu of obtaining possession of any such documents, exhibits or other things, direct any person having the custody and control thereof to make the same available for inspection by any party interested at such time and place as the Registrar shall direct.

(2) The Court of Appeal may, at any stage of an appeal, on the application of an appellant or the prosecutor, order any document, exhibit, or other thing connected with the proceedings to be produced to the Registrar by any person having the custody or control thereof.

(3) Service of any order made under this rule shall be personal, unless the Court of Appeal otherwise orders, and for the purpose of effecting due service thereof the Registrar may require the assistance of the Garda Síochána, and it shall be their duty to carry out any directions of the Registrar under this rule.

Obtaining copies

ISB SI

14. (1) At any time after notice of appeal has been served, an appellant or the prosecutor, or the solicitor or other person representing either of them, may obtain from the Registrar copies of any documents or exhibits in his possession for the purpose of such appeal. Such copies shall be supplied by the Registrar upon payment of the proper charges.

(2) A copy of the proceedings of the trial court-martial shall be supplied by the Registrar free of charge

(

a

) to an appellant who has been granted a legal aid (court-martial appeal) certificate, and

(

b

) to any other appellant by order of the Court of Appeal.

(3) Where an appellant who is not legally represented, or who has been granted a legal aid (court-martial appeal) certificate, requires from the Registrar a copy of any document or exhibit in his custody for the purposes of his appeal, he may obtain it free of charge if the Registrar considers it proper to supply the same.

IX. REPORT TO THE COURT OF APPEAL

Report by military judge

ISB SI

15. (1) The Registrar shall, whenever the Court of Appeal directs him so to do in relation to any appeal, request the military judge who presided at the trial court-martial to furnish him with a report in writing upon the case generally or upon any point arising thereon, and the military judge so requested shall furnish the same in accordance with such request.

(2) The said report shall be made to the Court of Appeal, and, except by leave of the Court of Appeal, the Registrar shall not furnish any part thereof to any person.

X. SUSPENSION OF THE OPERATION OF A CUSTODIAL SENTENCE

Suspension of operation of a custodial sentence pending determination of appeal

ISB SI

16. (1) An appellant who is a member of the Defence Forces and who desires to have the operation of a sentence of imprisonment or detention imposed on him suspended, pending the determination of his appeal, shall serve upon the Registrar notice in the Form No. 41 of his application for such suspension, grounded on an affidavit. The Registrar shall forthwith give notice of that application to the Director and, as soon as a date is fixed by the Court of Appeal for the hearing of such application, shall notify the appellant, the Court-Martial Administrator and the Director.

(2) The Court of Appeal may suspend the operation of a custodial sentence subject to such terms and conditions as it thinks fit.

(3) The Registrar shall notify the Governor of the prison or detention barrack, as the case may be, within which the appellant is confined, of the terms and conditions on which the Court of Appeal suspends the operation of the appellant’s sentence.

(4) An appellant the operation of whose sentence has been suspended shall, by the order of the Court of Appeal, be required to be, and shall be, personally present at each and every hearing of his appeal, and at the final determination thereof, and shall whenever his case is called on before the Court of Appeal, surrender himself to such persons as the Court of Appeal shall from time to time direct, and may be searched by them, and shall be deemed to be in their lawful custody, until further released on suspension of the operation of his sentence or otherwise dealt with as the Court of Appeal shall direct. In the event of such appellant not being present at any hearing of his appeal, the Court of Appeal may dismiss the same and issue a warrant for the apprehension of the appellant, in the Form No. 42, or may consider the appeal in his absence, or make such other order as it thinks fit.

(5) The Court of Appeal may revoke or vary any order suspending the operation of a sentence of imprisonment or detention, and may on revocation issue a warrant in the Form No. 42 for the apprehension of the appellant and order him to be committed to a prison or detention barrack.

XI. BAIL

Application for bail

ISB SI

17. (1) An appellant who is not a member of the Defence Forces and who desires to be admitted to bail, pending the determination of his appeal, shall serve upon the Registrar notice in the Form No. 43 of his application for such bail, grounded on an affidavit. The Registrar shall forthwith give notice of such application to the Director and, as soon as a date is fixed by the Court of Appeal for the hearing of such application, shall notify the appellant and the Director.

(2) The Court of Appeal, when admitting such an appellant to bail, shall specify the amount (if any) in which the appellant and his surety (if any) shall be bound by recognisance.

(3) The Registrar shall notify the Governor of the prison or detention barrack, as the case may be, within which the appellant is confined, of the terms and conditions on which the Court of Appeal has admitted the appellant to bail.

(4) Unless otherwise ordered by the Court of Appeal, the recognisances of the appellant and any surety may be taken before a person who would be authorised under

section 22

(3)(

b

) to (

e

) of the

Criminal Procedure Act 1967

to take a recognisance.

(5) The recognisances shall be in the Form No. 44. The District Court clerk assigned to the District Court area in which the recognisance of a surety shall be taken shall give to such surety a certificate in the Form No. 45 which the surety shall sign and retain.

(6) The District Court clerk assigned to any District Court area in which any such recognisance shall be taken as aforesaid shall, in the Form No. 46, forthwith notify the Governor of the said prison or detention barrack, as the case may be, of the perfection thereof.

(7) Where the Court of Appeal admits a person who is in custody to bail the person shall not be released until there has been paid into court such amount (if any) or proportion of the amount (if any) in which the person and his or her surety or sureties (if any) are to be bound as the Court of Appeal has determined.

(8) Where the Court of Appeal decides to admit a person to bail with one or more sureties it may direct that a sum of money equivalent to the amount of bail (additionally to any amount specified in respect of the appellant’s own recognisance in accordance with sub-rule (2)) be accepted in lieu of such surety or sureties. Where any moneys are required to be paid into court under a recognisance by a person in custody, or by any surety or sureties as a condition of that recognisance, or any security accepted in the court in lieu of such payment is required to be lodged in court, such moneys or security shall be deemed to be paid into court or lodged in court when paid to or lodged with the person mentioned in sub-rule (4) before whom the appellant’s recognisance is taken or, as the case may be, the District Court clerk assigned to the District Court area in which a surety’s recognisance is taken.

(9) On payment to or lodgment with the said person of the required sums or security and on perfection of the recognisance, the appellant shall be released if he or she is in custody for no other cause than the offence in respect of which bail is granted.

(10) The said person before whom the appellant’s recognisance is taken shall forthwith transmit the perfected recognisances to the Registrar.

(11) An appellant who has been admitted to bail shall, by the order of the Court of Appeal under which he was so admitted to bail, be required to be, and shall be, personally present at each and every hearing of his appeal, and at the final determination thereof, and shall, whenever his case is called on before the Court of Appeal, surrender himself to such persons as the Court of Appeal shall from time to time direct, and may be searched by them, and shall be deemed to be in their lawful custody until further released on bail or otherwise dealt with as the Court of Appeal shall direct. In the event of such appellant not being present at any hearing of his appeal, the Court of Appeal may dismiss the same and issue a warrant for the apprehension of the appellant, in the Form No. 47, or may consider the appeal in his absence, or make such other order as it thinks fit.

(12) The Court of Appeal may revoke or vary any bail order or enlarge the amount conditioned for payment by recognisance of the appellant or of his sureties or substitute any other surety for a surety previously bound.

(13) An information laid by a member of the Garda Síochána or by a surety upon whose recognisance an appellant has been released on bail, who suspects that an appellant who has been released on bail is about to contravene a condition of his recognisance, for the purposes of an application under

section 6

(5) of the

Bail Act 1997

shall be in the Form No. 48 and the Court of Appeal’s warrant for the apprehension of the appellant on granting such application shall be in the Form No. 49.

(14) An information laid by a member of the Garda Síochána that an appellant who has been released on bail has contravened a condition of his recognisance, for the purposes of an application under

section 9

(4) of the

Bail Act 1997

shall be in the Form No. 48 and the Court of Appeal’s warrant for the apprehension of the appellant on granting such application shall be in the Form No. 49.

(15) The appellant shall, on being apprehended, be brought before the Court of Appeal, and the Court of Appeal shall make such order as is appropriate. Where such order is for the committal of the appellant, it shall be in the Form No. 50.

(16) At any time after an appellant has been released on bail the Court of Appeal may revoke the order admitting him to bail, and issue a warrant in the Form No. 47 for his apprehension and order him to be committed to a prison or detention barrack.

(17) Nothing in this rule shall affect the right of a surety to apprehend and surrender into custody the person for whose appearance he has become bound, and thereby to discharge himself of his suretyship.

(18) On breach of the recognisance of an appellant, the Court of Appeal may, notice having been given to any surety, make such order under

section 9

(1) of the

Bail Act 1997

as is appropriate and notice of the making of such order shall be served by the prosecutor on the appellant and on any surety or sureties by prepaid ordinary post.

XII. PREPARATION FOR HEARING OF APPEALS AND APPLICATIONS

Documents for use of Court of Appeal

ISB SI

18. The Registrar shall obtain and lay before the Court of Appeal in proper form all documents, exhibits and other things relating to the proceedings in the trial court-martial which are necessary for the proper determination of the appeal or application.

Notification of appellant

ISB SI

19. (1) Where an appellant is in custody, the Registrar shall notify the appellant and his solicitor (if any), the Governor of the prison or detention barrack, as the case may be, in which the appellant then is, the Irish Prison Service (if relevant) and the Deputy Chief of Staff (Support) of the Defence Forces of the probable day on which his appeal or application will be heard. The Irish Prison Service or Deputy Chief of Staff (Support) shall (where necessary) take steps to transfer the appellant to a prison or detention barrack or other custodial centre convenient for his appearance before the Court of Appeal at such a reasonable time before the hearing as shall enable him to consult his legal adviser.

(2) When the date for the hearing of an appeal or application is fixed, the Registrar shall give notice thereof to the appellant and his solicitor (if any), the Director and the Court-Martial Administrator.

XIII. ABANDONMENT OF APPEAL

Abandonment of appeal

ISB SI

20. ... No........

Between AB,........ Plaintiff,

and CD,........ Defendant.

I, EF, *[a Registrar of the High Court of Ireland] *[the Registrar of the Court of Appeal of Ireland] *[the Registrar of the Supreme Court of Ireland] hereby certify

That the originating summons [or, other originating document as the case may be,] a certified true copy of which is annexed hereto was issued out of the Central Office of the High Court of Ireland on the ....... day of ............................ 20......, by AB, the above-named plaintiff against CD, the above-named defendant for (here state nature of the proceedings and the relief claimed).

That the Court assumed jurisdiction in these proceedings pursuant to the particular provisions(s) of

*the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (including the Protocol annexed to the Convention) signed at Brussels on the 27th September, 1968

*the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters signed at Lugano on 30 October 2007 and concluded on behalf of the European Community pursuant to Council Decision 2009/430/EC and the Protocols and Annexes thereto

(here state the particular provision(s)).

That the said originating summons [or, other originating document as the case may be] was duly served on the ....... day of ..................... 20....., upon the said CD by (state mode of service).

The said CD entered an appearance [or did not enter an appearance].

That CD was represented [or was not represented] at the hearing of the proceedings.

That the said plaintiff [or defendant] obtained judgment against the said defendant [or plaintiff] in the *[High Court] *[Court of Appeal] *[Supreme Court] for (state relief ordered) [together with an order for costs].

That the said judgment carries interest at the rate of ......... per cent. per annum on the judgment debt and costs from date of judgment until payment.

That the time for lodging an appeal against the judgment expired [or will expire] on the ....... day of ....................... 20....

That no application to set the judgment aside [or no appeal against the judgment] has been brought within the time prescribed.

That enforcement of the judgment is not for the time being stayed or suspended and that the time available for its enforcement has not expired.

This certificate is issued under section 14 of the Jurisdiction of Courts and Enforcement of Judgments Act 1998.

Dated the ...... day of ............................ 20.....

(Signed) EF *[a Registrar of the High Court of Ireland] *[the Registrar of the Court of Appeal of Ireland] *[the Registrar of the Supreme Court of Ireland]

*delete where inapplicable

Appendix F, Part IV

No. 2

O. 42B, r. 9(3)

[Title as in the proceedings]

Regulation (EC) No 805/2004

CERTIFICATE OF *RECTIFICATION / *WITHDRAWAL OF A EUROPEAN ENFORCEMENT ORDER CERTIFICATE (Article 10(3))

TAKE NOTICE that on application made to this Court on the ...... day of ..............20.

THE FOLLOWING EUROPEAN ENFORCEMENT ORDER CERTIFICATE

ISB SI

21. (1) An application for leave to introduce evidence by the attendance and examination before the Court of Appeal of any witness shall be by motion in the Form No. 52, grounded on an affidavit sworn by or on behalf of the moving party setting out and verifying the grounds on which leave is sought. There shall be lodged with the motion and grounding affidavit an affidavit of the proposed witness, setting out the evidence which he proposes to give and (save in the case of any new evidence relating to the mental condition of the appellant or of the person charged, as the case may be, given by a consultant psychiatrist) the reason why he did not give such evidence at the trial, unless the Court of Appeal dispenses with the requirement for such an affidavit.

(2) Where an order is made for the attendance and examination of a witness, an order in the Form No. 53 shall be served upon him specifying the time and place at which he is to attend.

(3) Where the Court of Appeal orders the examination of any witness to be conducted otherwise than before the Court of Appeal, such order shall specify the person appointed as examiner to take, and the place of taking, such examination, and the witness or witnesses to be examined.

(4) The Registrar shall furnish to the person appointed to take the examination any documents or exhibits and any other material relating to the said appeal as and when requested so to do. Such documents and exhibits and other material shall after the examination has been concluded be returned by the examiner, together with any depositions taken by him, to the Registrar.

(5) When the examiner has appointed the day and time for the examination he shall request the Registrar to give notice thereof to the appellant and the Director and their legal representatives (if any) and, when the appellant is in a prison or detention barrack, the Governor of that prison or detention barrack, as the case may be. The Registrar shall cause to be served on every witness to be examined notice in the Form No. 54.

(6) Every witness examined before an examiner shall give his evidence upon oath to be administered by such examiner, except where any such witness, if giving evidence as a witness on a trial on indictment, need not be sworn.

(7) The examination of every such witness shall be taken in the form of a deposition in the manner for the taking of evidence under section 4F(3) of the

Criminal Procedure Act 1967

. The caption in the Form No. 55 shall be attached to any such deposition.

(8) The expenses of any witness attending on the order of the Court of Appeal, and all expenses of and incidental to any examination of witnesses conducted by any person appointed by the Court of Appeal shall, if and so far as ordered by the Court of Appeal, be defrayed up to an amount allowed by the Court of Appeal as part of the costs of the State in or relating to the appeal.

(9) The provisions of rule 13(3) shall apply to the service of an order or notice on a witness under this rule.

(10) The appellant and the Director, or counsel or solicitor on their behalf, shall be entitled to be present at and take part in any examination of any witness to which this rule relates.

XV. HEARING OF APPEALS AND OTHER APPLICATIONS

Appellant or applicant in custody

ISB SI

22. (1) An appellant or applicant who is in custody shall be entitled, if he so desires, to be present in person at the hearing of his appeal or application and, subject to the prior consent of the Court of Appeal being obtained, at any interlocutory applications in relation thereto.

(2) The provisions of sub-rule (1) shall apply

mutatis mutandis

to the right of an applicant for enlargement of time to be present at the hearing of such application.

Person with benefit of compensation order entitled to be heard

ISB SI

23. Where a direction for payment of compensation has been given by the trial court-martial, the person in whose favour such direction was given, the appellant and, with the leave of the Court of Appeal, any other person, shall be entitled to be heard before any order is made by the Court of Appeal annulling or varying such direction for payment of compensation.

Notice of order determining appeal

ISB SI

24. (1) When the Court of Appeal makes an order finally determining an appeal, the Registrar shall give notice thereof in the Form No. 56 to the following persons

(

a

) the Appellant;

(

b

) the Director;

(

c

) the Deputy Chief of Staff (Support) of the Defence Forces;

(

d

) the Court-Martial Administrator;

and also, if the appellant is in a prison or detention barrack or if the operation of his sentence has been suspended or he has been released on bail

(

e

) to the Governor of such prison or detention barrack, as the case may be, and

(

f

) to the Secretary General of the Department of Defence

provided that the Registrar shall not be required to give such notice to the appellant if he has been present or has been legally represented at the hearing.

(2) The Court-Martial Administrator, on receiving a notice pursuant to sub-rule (1), shall enter the particulars contained therein in the proceedings of the trial court-martial.

XVI. MISCELLANEOUS

Notice of motion to the Court of Appeal

ISB SI

25. Except where otherwise provided by this Part, notice of every application to the Court of Appeal shall be in accordance with the Form No. 57, and shall be lodged with the Registrar and served on the other party to the proceedings and such other person, if any, as the Court of Appeal may direct.

Provision of forms

ISB SI

26. The Registrar shall publish the necessary forms and instructions in relation to notices of appeal or notices of application so that they are available to any person who requires them. The Governor of a prison or a detention barrack shall cause those forms and instructions to be placed at the disposal of any prisoner desiring to make any application and shall cause any such notice given by a prisoner in his custody to be forwarded on behalf of the prisoner to the Registrar.

Inquiries by Garda Síochána or Deputy Chief of Staff (Support)

ISB SI

27. It shall be the duty of the Garda Síochána of the district in which the appellant or applicant resided before his conviction or of the district from which he was committed or the Deputy Chief of Staff (Support) of the Defence Forces to enquire as to and report to the Registrar, when required by him, upon the means and circumstances of any appellant where such a question arises.

Enforcement of duties by order of the Court of Appeal

ISB SI

28. The performance of any duty imposed upon any person by this Order may be enforced by order of the Court of Appeal.

Warrant for apprehension of appellant

ISB SI

29. Any warrant for the apprehension of an appellant issued by the Court of Appeal shall be deemed to be, for all purposes, a warrant issued by a judge of the District Court for the apprehension of a person charged with any indictable offence under the provisions of the

Petty Sessions (Ireland) Act 1851

, or any statute amending the same.

ORDER 87

SUPPLEMENTAL PROVISIONS CONCERNING APPEALS IN CRIMINAL PROCEEDINGS

I. PRELIMINARY AND GENERAL

Interpretation and scope

ISB SI

30. Subject to the provisions of the Constitution and of statute—

(

a

) the Supreme Court has on appeal full discretionary power to receive further evidence on questions of fact, and may receive such evidence by oral examination in court, by affidavit, or by deposition taken before an examiner or commissioner,

(

b

) further evidence may be given without special leave on any appeal from an interlocutory judgment or order or in any case as to matters which have occurred after the date of the decision from which the appeal is brought,

(

c

) on any appeal from a final judgment or order, further evidence (save as to matters subsequent as mentioned in paragraph (

b

)) may be admitted on special grounds only, and only with the special leave of the Supreme Court (obtained by application by motion on notice setting out the special grounds),

(

d

) the Supreme Court may draw inferences of fact in accordance with law,

(

e

) if the Supreme Court considers that the record available to it of the proceedings in the court below is deficient, it may have regard to such evidence, or to such verified notes or other materials as the Supreme Court deems expedient,

(

f

) where the Supreme Court considers it necessary, it may direct the Registrar to apply to the trial Judge for a report to the Supreme Court on the trial or any part of the trial.”

Schedule 2

Appendix FF

Order 58, rule 15

No. 1

SUPREME COURT

Application for Leave and Notice of Appeal

For Office use

[Title and record number as per the High Court proceedings]

ISB SI

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

28

th October

, 2014.

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, the

Courts of Justice Act, 1936

, section 68 (as applied by the

Courts (Supplemental Provisions) Act 1961

, section 48), the

Courts (Supplemental Provisions) Act 1961

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

Dated this 9th day of October 2014.

Susan Denham

John Edwards

Anthony Barr

Paul McGarry

Stuart Gilhooly

Michael Kavanagh

Mary Cummins

Noel Rubotham

John Mahon

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

Dated this 23rd day of October, 2014.

FRANCES FITZGERALD

Minister for Justice and Equality

S.I. No. 485 of 2014

RULES OF THE SUPERIOR COURTS (COURT OF APPEAL ACT 2014) 2014

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