S.I. No. 231/2024 - District Court (Garda Síochána (Compensation) Act 2022) Rules 2024

1. DESCRIPTION OF PARTIES

2. PARTICULARS OF THE MALICIOUS INCIDENT CONCERNED

3. PARTICULARS OF THE INJURIES OR DEATH ALLEGED TO HAVE BEEN OCCASIONED BY THE MALICIOUS INCIDENT

*4. (WHERE RELEVANT) PARTICULARS OF THE APPLICABILITY OF SECTION 8(2)(B) OF THE 2022 ACT TO EACH PERSON BY WHOM OR FOR WHOSE BENEFIT THE PROCEEDINGS ARE BROUGHT

4. (1) Personal injuries proceedings in the Court must be instituted by the issue for service on each respondent of a personal injuries summons in the Form No. 40A.01, Schedule C.

(2) Notwithstanding sub-rule (1), personal injuries proceedings in the Court which are proceedings under section 23 of the 2022 Act must be instituted by the issue for service on each respondent of a personal injuries summons in the Form No. 40A.09, Schedule C, to be called a Garda compensation personal injuries summons.

(3) Save where otherwise expressly provided by this Order, the provisions of these Rules which apply to a claim notice apply, with appropriate modifications, to a personal injuries summons and to Garda compensation personal injuries summons.

5 Content of personal injuries summons

5. RELIEFS CLAIMED

6. The bringing of these personal injuries proceedings requires to be authorised in accordance with *section 14 *section 17 *section 32 *section 36 *section 49 *rules under

section 46

(3) of the

Personal Injuries Assessment Board Act 2003

and these personal injuries proceedings have been authorised by the Personal Injuries Assessment Board, under *section 14 *section 17 *section 32 *section 36 *section 49 *rules under

section 46

(3) by authorisation dated the .....day of ......20.... under reference number ........

Schedule

PARTICULARS OF ITEMS OF SPECIAL DAMAGE

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

]

[

If applicable, insert the particulars required by Order 39, rule 4 (1A)

]

LIST OF CORRESPONDENCE AND OTHER DOCUMENTS ON WHICH THE CLAIMANT WILL RELY AT TRIAL

Document

Date

Description

1

e.g. letter

1 September 2013

Letter from the claimant to the respondent

2

Etc

(A) IF YOU DISPUTE THE CLAIM and wish to defend the proceedings, then you must give, or send by post, to the claimant or claimant’s solicitor at the address for service mentioned above an appearance and defence in Form 40A.02, Schedule C of the District Court Rules, not later than 28 days after the service on you of this claim notice, and at the same time file a copy of your appearance with the District Court Clerk at the address below.

(B) IF YOU ADMIT THE CLAIM, you should contact the claimant or claimant’s solicitor within 10 days after the service on you of this claim notice to make arrangement to agree payment of the claim and costs, all further proceedings will be stayed, you need not attend court and you will avoid further costs.

IF YOU DO NOT ACT IN ACCORDANCE WITH (A) OR (B) ABOVE you will be held to have admitted the claim and the claimant may apply for judgment to the District Court and if judgment is given, proceed to execution.

Signed:........................................................

*(Solicitor for) Claimant

To the respondent(s) at the address given above

This Garda compensation personal injuries summons is issued at ........ on the ...... day of ........ 20.... by ........ the District Court Clerk assigned to the above Court area and district

EXPLANATORY NOTE

(

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

)

These rules amend the District Court Rules by the substitution of Order 40A and insertion of a new Form No. 40A.09 to Schedule C to facilitate the operation of the Garda Síochána (Compensation) Act 2022.

7. (1) Each respondent who intends to defend personal injuries proceedings must deliver to the claimant (or his solicitor) an appearance and defence in the Form 40A.02, Schedule C and file a copy of the appearance with the Clerk within 28 days after the service on him or her of the personal injuries summons.

(2) Where any respondent makes a counterclaim, the counterclaim must be in the Form 40A.03, Schedule C and must be appended to the defence.

8 Affidavit of verification under section 14 of the 2004 Act

8. (1) An affidavit of verification of a pleading or of further information requiring to be verified on oath under section 14(1) or section 14(2) of the 2004 Act must be in the Form 40A.04, Schedule C.

(2) The affidavit may be endorsed on the pleading or other document concerned, or may exhibit the relevant pleading or other document.

(3) A copy of the affidavit of verification must be delivered to the party to whom the pleading or other document is to be delivered.

(4) Where the affidavit is endorsed on the pleading or other document, it must be delivered within the time prescribed by these Rules for delivering the pleading or other document. Otherwise, the affidavit must be delivered within the time prescribed by section 14 of the 2004 Act for filing the affidavit in Court.

(5) Where the affidavit of verification is delivered after delivery of the pleading or other document, the time prescribed by these Rules for delivery of any pleading or other document in reply runs from the date of delivery of the affidavit of verification.

(6) An affidavit of verification must be filed in Court as required by section 14(4) of the 2004 Act by filing the original affidavit duly stamped with the Clerk.

9 Applications by notice of motion in personal injuries proceedings

9. (1) The following applications in personal injuries proceedings must be made by application to the Court by motion on notice to the opposing party or parties. The notice of motion must be in the Form 40A.05, Schedule C, and must be supported by an affidavit sworn by or on behalf of the moving party

(i) an application under section 9(2) of the 2004 Act (in the absence of agreement between or among the parties) for the extension of the period provided for in this Order or otherwise in these Rules, within which any document may be served or thing may be done;

(ii) an application by a respondent under section 10(3) of the 2004 Act for a stay or dismissal of proceedings by reason of a claimant’s failure to provide the information necessary to comply with section 10 of the 2004 Act;

(iii) an application by a respondent under section 11(3) of the 2004 Act for a stay or dismissal of proceedings by reason of a claimant’s failure to provide further information requested under section 11(1) or section 11(2) of the 2004 Act;

(iv) an application by a claimant under section 12(3) of the 2004 Act for a stay of proceedings or for judgment by reason of a respondent’s failure to provide the information necessary to comply with section 12 of the 2004 Act;

(v) an application by a party for a direction of the Court under section 15 of the 2004 Act that a mediation hearing be held;

(vi) an application to the Court to order delivery by the opposing party of further and better particulars of any pleading delivered by that opposing party;

(vii) an application by a party wishing to have evidence given by affidavit, under section 19 of the 2004 Act;

(viii) an application by a party wishing to have an approved person appointed to carry out any investigation and to give any evidence in relation to any matter, under section 20 of the 2004 Act.

(2) No application described in sub-rule (1) may be issued unless

(a) the moving party has first written to the relevant opposing party requesting that the relevant opposing party agree to any extension proposed or (as the case may be) provide the information identified in, or agree to, the moving party’s request;

(b) a period of 14 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.

(3) No application for judgment in default of defence may be granted in personal injuries proceedings unless the moving party has satisfied the Court that he has verified his personal injuries summons in those proceedings on oath in accordance with this Order.

10 Adjournment to facilitate mediation

10. (1) Where in accordance with section 15 of the 2004 Act the Court directs that a mediation conference be held, it may adjourn the personal injuries proceedings for such time as it considers appropriate to enable the mediation hearing to be held.

(2) 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 personal injuries proceedings.

(3) 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 hearing must be provided in an affidavit which must verify

(a) his or her appointment as mediator;

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

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

(d) if held—

(i) the time and place at which the mediation hearing was held; (ii) the parties in attendance;

(iii) whether or not a settlement was reached in the personal injuries proceedings, and

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

(4) 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.

11 Offer of settlement

11. (1) Copies of the claimant’s notice of an offer of terms of settlement required by section 17(1) of the 2004 Act and of the respondent’s notice required by section 17(2) of the 2004 Act must be filed in Court.

(2) Copies of the notices referred to in sub-rule (1) must be filed by being delivered, together with an affidavit or statutory declaration of service of the notice on the opposing party, to the Clerk as soon as may be after the expiry of the prescribed period referred to in section 17(3) of the 2004 Act.

(3) The notices referred to in sub-rule (1) must be in the Form 40A.06, Schedule C.

(4) The notices referred to in sub-rule (1) must not be given or produced to the Judge before the determination of the personal injuries proceedings.

12 Pre-trial hearing

12. (1) A pre-trial hearing as provided for in section 18 of the 2004 Act must be held in personal injuries proceedings where the Court, on the application by motion on notice to the opposing party or parties by the party wishing to apply for a pre-trial hearing, considers that a pre-trial hearing is appropriate.

(2) A Judge presiding over a pre-trial hearing may at such hearing give such directions and make such orders as he or she considers necessary for the purposes of determining what matters relating to the proceedings are in dispute.

3 — APPLICATIONS UNDER THE 2003 ACT

13 Application for approval of an assessment

13. (1) An application for the approval by the Court of an assessment under section 35(2) of the 2003 Act must be made by notice of motion in the Form 40A.07, Schedule C.

(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

(3) The notice of motion must be supported by an affidavit entitled

“IN THE MATTER OF THE PERSONAL INJURIES ASSESSMENT BOARD ACT 2003

and

IN THE MATTER OF AN APPLICATION RELATING TO A.B., A [WARD, CHILD OR PERSON WHO IS THE SUBJECT OF A DECISION-MAKING REPRESENTATION ORDER], OF [ADDRESS] BY C.D., ACTING AS [STATE CAPACITY] ON BEHALF OF THE SAID A.B.”

(4) The notice of motion must be addressed to the respondent by name and must be served by the applicant on the respondent not later than seven days before the return date.

(5) The notice of motion must be served

(a) by delivering it to the respondent;

(b) by leaving it at the address at which the respondent ordinarily resides (or in the case of a company, its registered office) or, in a case in which an address for service has been furnished by the respondent, at that address, or

(c) by sending it by post in a prepaid registered letter to the address at which the respondent ordinarily resides (or in the case of a company, its registered office) or, in a case in which an address for service has been furnished, to that address.

(6) When considering an application concerning such an assessment the Court may appoint a person of full age to act as guardian ad litem of the child.

(7) Where applicable, the provisions of Order 45, rule 7 (concerning lodgments) apply mutatis mutandis to assessments made in favour of children, wards or persons the subjects of Decision-Making Representation Orders which are approved in accordance with this rule in respect of the amount recoverable in accordance with section 38 of the 2003 Act.

(8) The Clerk must send by ordinary pre-paid post or by e-mail to the Personal Injuries Assessment Board a certified copy of any order made pursuant to this rule.

(9) If an order to pay issues in accordance with section 38 of the 2003 Act, a copy of the order to pay must be sent forthwith by the Personal Injuries Assessment Board to the Clerk by ordinary pre-paid post or in electronic form.

(10) If an order to pay issues in accordance with section 38 of the 2003 Act, the Court may direct investment in accordance with Order 43, rule 12.

14 Application to Court by assessors

14. (1) An application by an assessor for an order under section 27(2) of the 2003 Act must be made at a sitting of the District Court in the Court area within which the person against whom the order concerned is sought resides or carries on business.

(2) Such an application must be by notice of application in the Form 40A.08, Schedule C, and must be addressed to the respondent by name.

(3) Notice of the application must be served by the applicant not later than seven days before the return date. The notice must be served

(a) by delivering it to the respondent;

(b) by leaving it at the address at which the respondent ordinarily resides or, in a case in which an address for service has been furnished, at that address; or

(c) by sending it by post in a prepaid registered letter to the address at which the respondent ordinarily resides or, in a case in which an address for service has been furnished, to that address.”

Schedule 2

“No. 40A.09

Garda compensation personal injuries summons

Schedule C, O.40A, r.4

District Court Area of

District No.

Record number

Between

........................................... Claimant

Commissioner of the Garda Síochána,.. Respondent

GARDA COMPENSATION PERSONAL INJURIES SUMMONS

Civil Liability and Courts Act 2004, section 10

This Garda compensation personal injuries summons is issued at the request of the claimant(s), who makes a claim in the District Court to recover against the respondent damages not exceeding €15,000.

Particulars of first claimant

Name

Address

*(in the above Court *(area) and district)

Occupation

PPSN

(if none, state “none”)

*Solicitor

Address for service of documents

[

Repeat particulars for second and any subsequent claimant

]

Particulars of first respondent

Name

Commissioner of the Garda Síochána

Address

*(in the above Court *(area) and district)

Occupation (if known)

Commissioner of the Garda Síochána

*Solicitor (if known)

Address for service of documents (if known)

[

Repeat particulars for second and any subsequent respondent

]

STATEMENT OF CLAIM

[A Garda compensation personal injuries summons must contain a statement entitled “Statement of Claim” which must

(a) set out, in numbered paragraphs, full and detailed particulars of-

(i) the injuries or death alleged to have been occasioned by the malicious incident concerned;

(ii) the malicious incident, and

(iii) in the case of proceedings brought by one or more persons to whom section 8(2)(b) of the 2022 Act refers, the applicability of that section to each person by whom or for whose benefit the proceedings are brought,

(b) contain a schedule of full particulars of all items of special damage in respect of which the claimant is making a claim, and

(c) give details of the basis upon which jurisdiction is claimed.

The following is a suggested format in which the statement of claim might be presented

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

24

th May,

2024.

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

,

section 24

of the

Interpretation Act 2005

, and of all other powers enabling them in this behalf, do hereby, with the concurrence of the Minister for Justice, make the following rules of court.

Dated this 8th day of November 2023.

Paul Kelly Chairperson

Alan Mitchell

Marie Quirke

Eoin Martin

Ciara McMahon

James Finn

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

Dated this 9

th

day of May 2024.

Helen McEntee

Minister for Justice

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

,

section 24

of the

Interpretation Act 2005

, and of all other powers enabling them in this behalf, do hereby, with the concurrence of the Minister for Justice, make the following rules of court:-