S.I. No. 212/1954:

CIRCUIT COURT RULES, 1954.

CIRCUIT COURT RULES, 1954.

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 upon us by Section 66 of the Courts of Justice Act, 1924 , and Section 70 of the Courts of Justice Act. 1936, 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 4th day of September, 1954.

(Signed) W. G. SHANNON.

PATRICK J. ROE.

JOHN C. CONROY.

JOHN L. ESMONDE.

ROGER O'HANRAHAN.

SEÁN Ó h-UADHAIGH.

JOSEPH P. TYRRELL.

MICHEAL Ó CLEIRIGH.

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

Dated this 4th day of October, 1954.

(Signed) JAMES EVERETT,

Minister for Justice.

CIRCUIT COURT RULES, 1954.

These Rules, which may be cited as the Circuit Court Rules, 1954, shall come into operation on the 4th day of October, 1954. The Orders and Schedules referred to in these Rules as being revoked, amended or added to are those contained in the Circuit Court Rules, 1950.

Rule 1.

Fixed Service Fee.

ORDER 10.

The sum of 7/6d. shall be substituted for the sum of 5/- in Rule 3 of this Order.

There shall be added to Rule 3 of this Order the following words :--

Dispensing with Service by Summons Server.

If the Judge is satisfied that in any particular district service by a Summons Server is not practicable, he may direct that for a specified period service may be effected in such manner as he shall think proper.

Rule 2.

Costs where particulars insufficient.

ORDER 14.

There shall be added to this Order the following Rule :--

6. If in the opinion of the Court any party has not given sufficient particulars in any pleading, notice, or written proceeding requiring particulars, the Court may disallow to such party all or part of the costs in respect of such pleading, notice, or written proceeding, and, in addition to or in lieu of such disallowance, may award the costs and expenses occasioned by such insufficiency against such party.

Rule 3.

Dormant Balances.

ORDER 15.

There shall be added to this Order the next following two Rules :--

10. The County Registrar in each County may from time to time carry over to a general ledger account for dormant balances the balances of funds to the credit of any ledger account which have not been dealt with for fifteen years or upwards ; and he may carry to the credit of the same general ledger account the interest or dividends from time to time accruing upon the balances of funds which have been so carried over. When an order dealing with funds carried over under this Rule is to be acted upon, the County Registrar shall carry back such funds, and any interest or dividends accrued thereon, to the credit of a ledger account in the same title as the account from which they were so carried over, and shall deal therewith as directed by such order.

11. On or before the 31st day of December in every third year the County Registrar shall prepare a list or statement of the accounts in the office carried over to the general ledger account under the next preceding Rule. The said list or statement shall be filed and exhibited in the Office, and a copy thereof shall be published in Iris Oifigiúil.

Rule 4.

Judgment for costs where claim satisfied.

ORDER 23.

Rule 1 of this Order is hereby amended by the addition at the end thereof of the following words:--

In any of such cases in which the Defendant shall, after action brought, have satisfied the Plaintiff's claim (save as to costs), the Plaintiff may apply in the Office for Judgment for the costs applicable to the Plaintiff's claim in accordance with the appropriate part of the Schedule hereto entitled the " Third Schedule ". The application for such Judgment shall be supported by the documents mentioned in Rules 2 and 3 of this Order with such alterations and additions thereto as may be appropriate.

Rule 5 of this Order is hereby amended by the addition at the end thereof of the following words:--

Where the claim has been satisfied (save as to costs), judgment may be entered in the office for costs only.

Rule 5.

Time for Defence in Actions transferred from High Court.

ORDER 32.

There shall be added to this Order the following Rule :--

5. In any case where the defendant has not delivered a Defence before the transfer of the action, the time for filing and serving a Defence, unless the Order of transfer shall otherwise direct, shall be ten days from the date of service of the notice provided by Rule 3 of this Order. Where the Defendant has, as provided by Rule 2 of this Order, lodged the documents with the County Registrar, the time for filing and serving a Defence, unless the Order of transfer shall otherwise direct, shall be ten days from the date of such lodgment.

Rule 6.

ORDER 40.

This Order is hereby revoked, and the following Order is substituted therefor :--

ORDER 40.

Workmen's Compensation Acts.

1. Subject to the amendments made by Rules 2, 3, 4 and 5 of this Order, the Rules and Forms entitled " Circuit Court (Workmen's Compensation) Rules, 1942 ", bearing date the 25th day of October, 1941, and any Rules substituted in whole or in part therefor shall apply to all proceedings under the Workmen's Compensation Acts.

2. The sum of £25 shall be substituted for the sum of £20 mentioned in Order 51, Rule 7, of the above-mentioned Rules of 1942.

3. Scale X, Section F, of the above-mentioned Rules of 1942 shall be amended by deleting therefrom the words " Such fee not exceeding £15 as the County Registrar may allow ", and by substituting therefor the words " Such fee as the County Registrar may allow having regard to the work necessarily performed ".

4. Scale XI (Counsel's fees) of the above-mentioned Rules of 1942 is hereby revoked, and in lieu thereof the scale of Fees appearing in the Schedule hereto entitled the " Third Schedule " shall apply.

5. The costs in Scales I to X (inclusive) in the Appendix to the above-mentioned Rules of 1942, increased by 50 per centum, shall be the costs in all such proceedings.

Rule 7.

Application, Time for.

ORDER 52.

Rule 4 of this Order shall be amended by the substitution of the words " at least 15 clear days " for the words " within 15 clear days " wherever the latter occur.

Witnesses' Expenses.

The words " including witnesses' expenses " appearing in Rule 9 of this Order shall be deleted therefrom and there shall be added at the end of this Rule the words " Witnesses expenses shall be dealt with in accordance with Order 58 Rule 5 ".

Rule 8.

Costs in cases where consent to jurisdiction.

ORDER 58.

In Rule 22 of this Order there shall be substituted the words " less one-fifth " for the words " less one-third ".

Costs in libel cases.

Rule 23 of this Order shall be deleted and the following Rule 23 shall be substituted therefor:--

In all actions for libel the costs shall be taxed in accordance with Section A of Part I of the Schedule hereto entitled the " Third Schedule " but the Judge may, in his discretion, direct that the costs awarded be taxed in accordance with either Section B or Section C of Part I of the said Schedule.

Value of land.

There shall be added to Rule 25 of this Order the next following words :--

Provided always that in equity suits or proceedings, during the conduct of which any land the subject matter thereof has not been sold, the value of such land shall be taken to be fifty times the Poor Law Valuation.

Where case personally conducted by Solicitor.

There shall be added to this Order the following Rule :--

32. In any defended cause or matter personally conducted by a Solicitor at the hearing, the County Registrar may, in fixing the Instructions Fee, take into consideration the additional work done and responsibility borne by the Solicitor. In any such case where the costs are taxed under Parts III, V or VI of the Schedule hereto entitled the " Third Schedule " any sum allowed under this Rule shall be in addition to the Instructions Fee in the said parts.

FIRST SCHEDULE.

Rule 9.

SITTINGS--TOWNS.

The following Towns shall be added to the List of Sittings-Towns :

SECOND SCHEDULE.

Rule 10.

FORM 2 D.

Form 2 D, Amendment of.

The following indorsement of claim shall be substituted for the indorsement of claim in Form 2 D--Ejectment Civil Bill for Overholding--in the Second Schedule of the Rules of 1950:--

INDORSEMENT OF CLAIM.

The Plaintiff's claim is for possession of the lands of    lately held by the Defendant under *   dated the   day of    and made between   and  at the **   rent of £     which said tenancy determined on the  day   of  by ***   and for costs of the proceeding.

Dated the     day of

(Signed)        Plaintiff.

or Solicitor for the Plaintiff.

* Give particulars of the lease or tenancy.

** If the rent by the year exceeds £ 100 state that the annual value of the premises does not exceed £ 60.

*** State how the tenancy determined e.g., by expiry ; of the term or by a notice to quit.

FORM 32. Form 32 in the Second Schedule of the Rules of 1950 shall be amended by the substitution for the fourth paragraph thereof of the following words :--

Amendment of Form 32.

TAKE NOTICE that at the Sitting of the Circuit Court at   on   day the  day of    19    , application will be made on behalf of    of  in the County of     for an Order declaring that the said    , but for the provisions of the said Act, would have obtained a title by mere possession to the lands comprised in the said Folio, for an Order declaring the title of the said     to the lands comprised in the said Folio and ordering the Register to be rectified in such manner as to the Court may seem fit and for an Order providing for the costs of the said application, which will be grounded on the affidavits set out in the schedule hereto, the nature of the case and the reasons to be offered.

THIRD SCHEDULE.

Rule 11.

The Third Schedule of the Rules of 1950 is hereby revoked and the Schedule hereto entitled the " Third Schedule " shall be substituted therefor.

THIRD SCHEDULE.

PART I.

COSTS IN ACTIONS IN CONTRACT AND IN CONTRACT AND IN TORT.

SECTION A.

SECTION B.

In actions in Contract and in Tort where the amount recovered, or, in the case of a Dismiss, the amount sued for, exceeds £100, but doe not exceed £300, the costs shall be taxed on the scale of costs obtaining for the time being the High Court less one-third.

SECTION C.

In actions in Contract and in Tort where the amount recovered, or, in the case of a dismiss, the amount sued for, exceeds £300, the costs shall be taxed on the scale of costs obtaining for the time being in the High Court less one-fifth.

PART II.

COSTS WHERE JUDGMENT IS ENTERED IN THE OFFICE BY DEFAULT OR ON CONSENT.

PART III.

COSTS OF EJECTMENT PROCEEDING FOR NON-PAYMENT OF RENT OR FOR OVERHOLDING OR OF A DISMISS IN SUCH PROCEEDINGS.

*Such sum as the County Registrar may allow not being less than £4.

PART IV.

COSTS IN ACTIONS ON THE TITLE AND IN EJECTMENTS ON THE TITLE.

Where the premises the subject of the proceedings are not separately rated in the Valuation books, the County Registrar shall have power, for the purpose of taxing costs, to apportion the valuation of the rateable hereditament which includes the said premises.

PART V.

COSTS IN INTERPLEADER.

SECTION A.

SECTION B.

Where the value of the property in question exceeds £100, but does not exceed £300, the costs shall be taxed on the scale of costs obtaining for the time being in the High Court less one-third.

SECTION C.

Where the value of the property in question exceeds £300 the costs shall be taxed on the scale of costs obtaining for the time being in the High Court less one-fifth.

PART VI.--EQUITY COSTS.

SECTION " A "

PART VI.--EQUITY COSTS--continued.

SECTION " A "

PART VI.--EQUITY COSTS--continued.

SECTION " A "

SECTION B.

In cases where the value of the personalty and lands exceeds £500 but does not exceed £1,500 the costs shall be taxed on the scale of costs obtaining for the time being in the High Court less one-third.

SECTION C.

In cases where the value of the personalty and lands exceeds £1,500 the costs shall be taxed on the scale of costs obtaining for the time being in the High Court less one-fifth.

PART VII.

COSTS IN PROBATE MATTERS AND ACTIONS.

PART VIII.

RENT RESTRICTIONS ACT, 1946 .

In any case under the Rent Restrictions Act, 1946 , in which costs are allowed, the costs shall be taxed under the first Column hereto unless the Judge at the hearing shall direct that they be taxed under the second or third Column hereto, and in exercising such discretion the Judge shall in particular have regard to the amount of rent involved.

PART IX.

APPLICATIONS FOR COMPENSATION FOR CRIMINAL INJURIES.

(a) APPLICANT'S SOLICITOR.

In all cases where the amount of compensation recovered does not exceed £5, the Judge shall allow such sum not exceeding £1 10s. 0d. as he may think reasonable to cover all charges, exclusive of outlay.

In all cases where the amount of compensation recovered exceeds £5, but not exceed £10, the Judge shall allow such sum not exceeding £2 10s. 0d. as he may think reasonable to cover all charges, exclusive of outlay.

In all cases where the amount of compensation recovered exceeds £10, but does not exceed £25, the Judge shall allow such sum not exceeding £3 10s, 0d. as he may think reasonable to cover all charges, exclusive of outlay.

(b) RESPONDENTS SOLICITORS.

In all cases where the amount of compensation claimed does not exceed £5, the Judge shall allow such sum not exceeding £1 10s. 0d. as he may think reasonable to cover all charges, exclusive of outlay.

In all cases where the amount of compensation claimed exceeds £5, but does not exceed £10, the Judge shall allow such sum not exceeding £2 10s. 0d. as he may think reasonable to cover all charges, exclusive of outlay.

In all cases where the amount of compensation claimed exceeds £10, but not exceed £25, the Judge shall allow such sum, not exceeding £3 10s. as he may think reasonable to cover all charges, exclusive of outlay.

PART X.

LANDLORD AND TENANT ACTS, 1931 AND 1943.

Costs of applications for new leases.

PART X.--Contd.

Note--In any case in which the application is dismissed, and in any case in which no rent is required to be fixed or ascertained, the costs shall be calculated as if a sum equivalent to five times the Poor Law Valuation of the property, the subject matter of the application, had been fixed as the rent or ascertained as the gross rent.

PART XI.

LANDLORD AND TENANT ACTS, 1931 AND 1943.

Costs of applications for compensation for improvements and applications for compensation for disturbance, and all other applications not otherwise provided for.

SECTION A.

SECTION A.--Contd.

SECTION B.

In cases where the amount of compensation awarded, or in the case of a dismiss, the amount claimed, exceeds £100, costs shall be taxed on the scale of costs obtaining in the High Court for the time being, less one-third, the originating notice of motion being deemed to be an originating plenary summons and the answer being deemed to be a defence, and the County Registrar in taxing the instructions fee shall take into account all work necessarily done, including work done before the issue of the originating notice of motion.

Note--In any case in which judgment, is entered for the Respondent and there is no amount claimed by the applicant upon which the costs of the respondent can be ascertained, the costs shall be calculated as if for the expression " the amount claimed " in the above scales there were substituted the expression " five times the Poor Law Valuation of the property the subject of the application."

PART XII.

APPEALS FROM DISTRICT COURT.

Costs of Affirmance or Reversal of a Decree or Dismiss.

Note :--(1) The costs of an Appeal in cases of Summary Jurisdiction of a Civil nature (including cases under the Illegitimate (Affiliation Orders) Act, 1930, and the Married Women (Maintenance in case of Desertion) Act, 1886) shall be allowed under Column (2) hereof.

(2) The costs of an Appeal under the Increase of Rent and Mortgage Interest (Restrictions) Acts, 1923 and 1926, and the Rent Restrictions Act, 1946 , shall be allowed under Column (1) hereof.

(3) If an appeal is withdrawn and notice thereof served on the Respondent not less than six days before the day for hearing, the sum of £1 10s. 0d. shall be allowed for costs, and when Column 3 applies the sum allowed shall be £4 10s. 0d.

(4) The costs of an appeal in an Ejectment where the rent by the year does not exceed £27 0s. 0d. shall be allowed under Column (2) and where such rent exceeds £27 under Column (3) hereof.

PART XIII.

MISCELLANEOUS COSTS.

The following items shall be subject to allowance or disallowance by the County Registrar on taxation, unless, expressly or by necessary implication, previously allowed or disallowed by the Judge.

The items in this scale shall be chargeable in addition to the charges in the scales in Parts I to XI of this Schedule.

PART XIV.

COUNSEL'S FEES.

ACTIONS IN CONTRACT OR TORT.

TITLE JURISDICTION.

Including Ejectments on the Title, other than Ejectments for Non-payment of Rent or Overholding.

EQUITY SUITS.

For the purpose of calculating the value of the subject matter of a suit (save in suits for Specific Performance) the value of land shall be deemed to be 50 times the Poor Law Valuation. In suits for Specific Performance the value of the subject matter shall be deemed to be the value in money of the consideration mentioned in the alleged contract.

PROBATE.

APPLICATIONS UNDER THE RENT RESTRICTIONS ACT, 1946 .

Such fee, not less than £2 2s. 0d., as may be allowed on taxation.

DISTRICT COURT APPEALS.

WORKMEN'S COMPENSATION ACTS.

MALICIOUS INJURY APPLICATIONS.

LANDLORD AND TENANT ACTS, 1931 AND 1943.

A.--APPLICATIONS FOR NEW TENANCIES.

Note.--For the purpose of this scale of fees " the rent " shall be the rent agreed by the parties or fixed by the Court under Part III, or the gross rent as so agreed or ascertained by the Court under Part V of the Act of 1931. In any case in which the application is dismissed, or in any case in which no rent is required to be fixed or ascertained, a sum equivalent to five times the Poor Law Valuation shall be deemed to be the rent.

B.--APPLICATIONS FOR COMPENSATION FOR IMPROVEMENTS AND APPLICATIONS FOR COMPENSATION FOR DISTURBANCE AND ALL OTHER APPLICATIONS NOT OTHERWISE PROVIDED FOR.

Note.--In any case in which judgment is entered for the Respondent and there is no sum claimed by the Applicant upon which the costs of the Respondent can be ascertained, a sum equivalent to five times the Poor Law Valuation of the property the subject of the application shall be deemed to be the sum claimed for the purpose of this scale of fees.

GENERAL.

(1) The fees to be allowed for Counsel as between Party and Party shall be such fees as shall be allowed on Taxation and in accordance with this Schedule where the same is applicable.

(2) In any case of unusual difficulty or importance the Judge at the hearing may allow to Counsel such increased fees (save in respect of Consultation) as to him seem right.

(3) Save where otherwise provided :--

(4) In any case in which a fee for consultation is not elsewhere provided for in these Rules, a fee for consultation, not exceeding £2 2s. 0d., may be allowed to Counsel by the Judge at the hearing.

(5) Refreshers :--Such fee (if any) as may be allowed by the Judge at the hearing or on taxation.

(6) Senior Counsel :--

(i) In actions in contract or tort on taxation of Plaintiff's costs where the amount recovered by the Plaintiff, or on taxation of a Defendant's costs where the amount claimed against the Defendant, exceeds £100 a fee (other than on consultation) of 50 per cent. greater than the fee allowed to Junior Counsel in the case shall be allowed for one Senior Counsel.

(ii) In all cases not otherwise provided for one Senior Counsel may be allowed if the Judge at the hearing certifies that it was reasonable to brief Senior Counsel, and, in that event his fee (other than on consultation) shall be 50 per cent. greater than the fee allowed to Junior Counsel in the case.