S.I. No. 599/2014 - District Court (Personal Injuries) Rules 2014.

1. (1) These Rules, which may be cited as the District Court (Personal Injuries) Rules 2014, shall come into operation on the 31st day of December, 2014.

(2) These Rules shall be construed together with the District Court Rules 1997 (

S.I. No. 93 of 1997

) and all other District Court Rules.

(3) The District Court Rules as amended by these Rules may be cited as the District Court Rules 1997 to 2014.

2. The District Court Rules 1997 (

S.I. No. 93 of 1997

) are amended

(i) by the substitution for sub-rule (1) of rule 3 of Order 40A of the following sub-rule

“3. (1) Save where otherwise provided by these Rules or by an Act and subject to Order 41B and the Conventions to which it relates, a personal injuries summons must be filed with and issued by the Clerk assigned to the Court area

(

a

) in which the respondent or one of the respondents ordinarily resides or carries on any profession, business or occupation, or

(

b

) at the election of the claimant, in which any tort alleged in the personal injuries summons is alleged to have been committed.”, and

(ii) by the substitution for sub-rule (2) of rule 13 of Order 40A of the following sub-rule

“(2) The notice of motion must be filed with and issued by the Clerk assigned to the Court area

(

a

) in which the respondent or one of the respondents ordinarily resides or carries on any profession, business or occupation, or

(

b

) at the election of the applicant, in which any tort to which the relevant claim mentioned in section 35 of the 2003 Act relates is alleged to have been committed.”

EXPLANATORY NOTE

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

These Rules amend Order 40A of the District Court Rules to provide that the venue for proceedings extends to the Court area within which the tort is alleged to have been committed.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

2

nd January

, 2015.

The District Court Rules Committee, in exercise of the powers conferred on them by

section 91

of the

Courts of Justice Act 1924

,

section 72

of the

Courts of Justice Act 1936

,

section 34

of the

Courts (Supplemental Provisions) Act 1961

, and

section 24

of the

Interpretation Act 2005

, do hereby, with the concurrence of the Minister for Justice and Equality, make the following rules of court.

Dated this 26th day of May 2014

Rosemary Horgan Chairperson

Mary C Devins

Brian Sheridan

Conal Gibbons

Fiona Twomey

Roy Pearson

Noel A Doherty

Michelle Johnston

I concur in the making of the following rules of court.

Dated this 18th day of December, 2014.

FRANCES FITZGERALD,

Minister for Justice and Equality

S.I. No. 599 of 2014

DISTRICT COURT (PERSONAL INJURIES) RULES 2014