S.I. No. 230/2024 - Circuit Court Rules (Garda Síochána (Compensation) Act 2022) 2024

1. The address at which the Plaintiff ordinarily resides is

(state address accurately)

2. Plaintiff’s occupation

3. Plaintiff’s date of birth: Day: ..... Month ......... Year ......

4. Plaintiff’s Personal Public Service Number:.............................

5. The plaintiff’s address for service, if different from the plaintiff’s address mentioned above, should be stated here

This Garda compensation personal injuries summons was issued by the plaintiff

OR

This Garda compensation personal injuries summons was issued by ................, solicitor for the plaintiff, whose registered place of business is .........

INDORSEMENT OF SERVICE

This Garda compensation personal injuries summons was served by me at .......................... on the defendant ......... on ...... day the ...... day of ............. , 20

Indorsed the .... day of ......... 20 ... .

(Signed) (Address)

---------------------

EXPLANATORY NOTE

(

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

)

These rules amend the Circuit Court Rules by the substitution of Order 5A and insertion of a new Form No 2U to the Schedule in the Circuit Court Rules to facilitate the operation of the Garda Síochána (Compensation) Act 2022 and to provide for a combined or composite notice for particulars and notices for further information under

section 11

of the

Civil Liability and Courts Act 2004

.

6. (1) A defence shall be delivered by each defendant who has entered an Appearance. The defence shall be in accordance with Form 6A(i) of the Schedule of Forms (with the necessary adaptations in the case of a defence to a Garda compensation personal injuries summons). Where any defendant makes a counterclaim, such counterclaim shall be in accordance with Form 6A(ii) of the Schedule of Forms and shall be appended to the defence.

(2) The defence shall be delivered to the plaintiff or his Solicitor within 6 weeks of the entry by the defendant of an Appearance.

Affidavit of verification

7. (1) An affidavit of verification of a pleading or of further information requiring under section 14(1), 14(2) or 14(3) of the 2004 Act to be verified on oath shall be in accordance with Form 6A(iii) of the Schedule of Forms annexed hereto. Where the affidavit is not made separately to the pleading or other document concerned, it shall be appended to such pleading or other document.

(2) A copy of the affidavit of verification shall be delivered to the party to whom the pleading or other document is to be delivered. Where the affidavit is appended to the pleading or other document, the copy of the affidavit shall be delivered within the time prescribed by these Rules for delivery of such pleading or other document. Otherwise, the affidavit shall be delivered within the time prescribed by section 14 of the 2004 Act for lodgement of the affidavit in court.

(3) Where the copy of the affidavit of verification is delivered subsequent to delivery of the pleading or other document, the time prescribed by these Rules for delivery of any pleading or other document in reply shall run from the date of delivery of such copy.

(4) An affidavit of verification shall be lodged in court as required by section 14(4) of the 2004 Act by being filed in the Office.

Applications by motion on notice

8. (1) The following applications in a personal injuries action shall, subject to the following rules of this Order, be made by motion to the Court on notice to the opposing party or parties, grounded, where necessary, upon an affidavit sworn by or on behalf of the moving party

(i) An application by a defendant under section 10(3) of the 2004 Act for a stay or dismissal of the action by reason of a plaintiff’s failure to provide the information necessary to comply with section 10 of the 2004 Act;

(ii) An application under section 11(3) or section 12(3) of the 2004 Act for relief by reason of the opposing party’s failure to provide further information requested under section 11(1) or section 11(2) of the 2004 Act, or for an order for the delivery by the opposing party of further and better particulars of any pleading delivered by such party;

(iii) An application by a party wishing to have evidence in the action given by affidavit, under section 19 of the 2004 Act;

An application referred to in paragraphs (i) or (ii) of this sub-rule shall not be issued unless

(a) the moving party shall have first written to the relevant opposing party requesting that such party agree to the moving party’s request;

(b) a period of 28 days for compliance with the moving party’s request has been allowed; and

(c) the party requested has failed, refused or neglected to comply with, such request.

(2) No application for judgment or for other relief in default of pleading shall be granted in a personal injuries action unless the moving party has satisfied the Court that he has verified his previous pleadings in that action on oath in accordance with this Order.

Mediation

9. (1) A request by a party for a direction of the Court under section 15 of the 2004 Act that a mediation conference be held shall be made by motion to the Court on notice to the opposing party or parties, grounded upon an affidavit sworn by or on behalf of the moving party.

(2) Where the Court directs that a mediation conference be held, it may adjourn the proceedings for such time as it considers appropriate to enable the mediation conference to be held.

(3) Where the Court directs that a mediation conference be held, it may extend the time for compliance by the parties or any of them with any provision of these Rules or any order of the court in the proceedings.

(4) The report under section 16 of the 2004 Act of the person appointed under section 15(4) of the 2004 Act to be the chairperson of a mediation conference shall be by way of affidavit which, in addition to any matters required by section 16 of the 2004 Act to be contained in such report, shall verify

(a) his or her appointment as mediator;

(b) whether the mediation conference was or was not held;

(c) if not held, the reasons why the mediation conference did not take place;

(d) if held,

(i) the time and place at which the mediation conference was held;

(ii) the parties in attendance;

(iii) whether or not a settlement has been reached in the action and

(iv) the terms of any settlement signed by the parties.

(5) The Court may give a direction under section 15 of the 2004 Act of its own motion on any occasion on which the personal injuries action is before the Court.

Notices under the 2004 Act

10. (1) Where a party intends both to request further information under section 11(1) or section 11(2) of the 2004 Act and to request further particulars in accordance with Order 17, all such requests shall, except by consent or order of the Court, be made in the same notice or letter, and be replied to in the same notice or letter.

(2) Copies of the plaintiff’s notice of an offer of terms of settlement required by section 17(1) of the 2004 Act and of the defendant’s notice required by section 17(2) of the 2004 Act shall be lodged in court by being filed (together with an affidavit as to the service of the same on the opposing party) in the Office as soon as may be after the expiry of the prescribed period referred to in section 17(3) of the 2004 Act. Such notice shall be in accordance with Form 6A(iv) of the Schedule of Forms.

Pre-trial hearings under section 18 of the 2004 Act

11. (1) A person presiding over a pre-trial hearing directed by the Court under section 18 of the 2004 Act may at such hearing give such directions and make such orders as may be necessary for the purposes of determining what matters relating to the action are in dispute.

(2) Any direction given or order made at a pre-trial hearing by a person, other than a Judge, presiding over such hearing, may be appealed to the Court by a party affected.”

Schedule 2

“FORM 2U

GARDA COMPENSATION PERSONAL INJURIES SUMMONS

O. 5A, r. 3

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT

COUNTY OF

Record No.

Between

A.B.

Plaintiff

AND

..................................

Defendant

To the defendant, the Commissioner of the Garda Síochána of .................. in the County of ..................

This Garda compensation personal injuries summons requires you to enter an appearance in person or by solicitor in [

Insert address of appropriate Circuit Court Office

] in the above action within ten days after the summons has been served on you (exclusive of the day of such service).

And TAKE NOTICE that if you do not enter an appearance the plaintiff may proceed in this action, and judgment may be given in your absence.

And further TAKE NOTICE that, if you intend to defend the proceedings on any grounds, you must not only enter an Appearance, but also, within six weeks after Appearance, deliver a statement in writing showing the nature and grounds of your Defence.

N.B.-This summons is to be served within twelve calendar months from the date hereof, unless the time for service has been extended by the Court.

The defendant may appear to this summons by entering an appearance either personally or by solicitor at the [

Insert address of appropriate Circuit Court Office

].

INDORSEMENT OF CLAIM

The plaintiff’s claim is for the reliefs set out herein for

*injuries inflicted on the plaintiff (being a member or former member of an Garda Síochána) as a result of a malicious incident (within the meaning of section 2 of the Garda Síochána (Compensation) Act 2022)

*the death of [

name of member

] (being a member or former member of an Garda Síochána) as a result of a malicious incident (within the meaning of section 2 of the Garda Síochána (Compensation) Act 2022)

as follows

MALICIOUS INCIDENT ALLEGED

(Set out full particulars of the nature of the claim and of each allegation, assertion or plea comprising that claim)

1.......

2.......

PARTICULARS OF THE ACTS CONSTITUTING THE MALICIOUS INCIDENT

(Full particulars should be set out of the facts constituting the malicious incident to which the claim relates and the circumstances relating to the malicious incident, including the involvement of the plaintiff (or the Garda concerned) therein)

PARTICULARS OF CIRCUMSTANCES RELATING TO THE COMMISSION OF THE MALICIOUS INCIDENT

(Full particulars should be set out. In addition, in the case of a claim referred to in section 23(6) of the Garda Síochána (Compensation) Act 2022, the facts and circumstances which it is alleged establish that the claimant or person for whose benefit the claimant is bringing the proceedings is a person to whom compensation may be granted under the Garda Síochána (Compensation) Act 2022 and that the claimant or that person was wholly or partly dependent on the deceased person)

PARTICULARS OF THE INJURIES TO THE PLAINTIFF

(Full particulars should be set out of the injuries to the plaintiff (or the deceased Garda concerned) alleged to have been inflicted as a result of the malicious incident)

RELIEFS CLAIMED

SCHEDULE

PARTICULARS OF ITEMS OF SPECIAL DAMAGE

(Full particulars should be set out. Add additional sheets if necessary)

(If applicable, insert particulars required by Order 5, rule 5A)

(Signed)

This Garda compensation personal injuries summons was issued by the plaintiff .......... whose personal details are as follows

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

24

th May,

2024.

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

;

section 70

of the

Courts of Justice Act 1936

, (as applied by

section 48

of the

Courts (Supplemental Provisions) Act 1961

);

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, make the annexed Rules of Court.

Dated this 12th day of December 2023.

Patricia Ryan Chairperson

John F Aylmer

Tomás Keys

Tracy Ennis Faherty

Martin Lawlor

Ann Spaine

Rita Considine

Bridín Concannon

James Finn

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

Dated this 9

th

day of May 2024.

Helen McEntee

Minister for Justice