S.I. No. 1/1955 -- Circuit Court Rules, 1955.
1955
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S.I. No. 1/1955:
CIRCUIT COURT RULES, 1955.
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CIRCUIT COURT RULES, 1955.
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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.
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Dated this 4th day of December, 1954.
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| (Signed) |
W. G. SHANNON. |
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PATRICK J. ROE. |
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JOHN C. CONROY. |
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JOHN L. ESMONDE. |
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ROGER O'HANRAHAN. |
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SEÁN O h-UADHAIGH. |
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JOSEPH P. TYRRELL. |
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MICHEÁL Ó CLÉIRIGH. |
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I concur in the making of the annexed Rules of Court.
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Dated this 3rd day of January, 1955.
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(Signed) JAMES EVERETT,
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Minister for Justice.
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CIRCUIT COURT RULES, 1955.
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These Rules, which may be cited as " The Circuit Court Rules, 1955," shall come into operation on the 3rd day of January, 1955.
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The scales of fees contained in Part XIV of the Third Schedule to the Circuit Court Rules, 1954, under the headings " District Court Appeals ", " Workmen's Compensation Acts " and " Malicious Injury Applications " are hereby revoked and the following Scales of Fees are substituted therefor.
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DISTRICT COURT APPEALS.
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(a) In any defended case of Contract :--
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(i) where the amount recovered or claimed does not exceed £5 and the Judge at the hearing certifies that the question of law involved made it reasonable to brief Counsel
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£
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s.
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d.
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1
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1
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0
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(ii) where the amount recovered or claimed exceeds £5 but does not exceed £15
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1
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1
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0
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(iii) where the amount recovered or claimed exceeds £15 but does not exceed £25
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2
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2
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0
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(b) In any defended case of Tort :--
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(i) where the amount recovered or claimed does not exceed £10
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1
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1
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0
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(ii) where the amount recovered or claimed exceeds £10 but does not exceed £25
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3
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3
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0
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(c) n any defended case of Contract or Tort :-- Where the amount recovered or claimed exceeds £25
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4
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4
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0
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(d) In any defended Ejectment where the rent by the year of the lands does not exceed £27
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2
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2
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0
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(e) In any defended Ejectment where the rent by the year of the lands exceeds £27
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4
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4
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0
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(f) In proceedings on behalf of the State or Public Bodies, where the amount recovered or claimed, exceeds £25
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4
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4
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0
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(g) Fee on advising proofs in Ejectment appeals, if allowed by the Court
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2
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2
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0
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(h) Fee on advising proofs in Contract or Tort appeals, where the amount recovered or claimed exceeds £25
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1
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1
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0
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WORKMEN'S COMPENSATION ACTS.
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£
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s.
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d.
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(1) An Application ex parte
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2
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2
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0
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(2) On hearing of Motion on Notice
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3
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3
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0
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(3) On hearing of Originating Summons or Summons to Review or Redeem or on third party hearing
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6
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6
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0
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(4) Settling Summons or Defence
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2
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2
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0
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(5) Refresher
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3
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3
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0
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MALICIOUS INJURY APPLICATIONS.
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1. Fee on Brief :
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On taxation of an Applicant's costs where the amount recovered by the Applicant, or on taxation of a Respondent's costs where the amount claimed :
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£
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s.
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d.
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(a) does not exceed £10
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2
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2
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0
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(b) exceeds £10 but does not exceed £25
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3
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3
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0
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(c) exceeds £25 but does not exceed £50
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4
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4
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0
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(d) exceeds £50 but does not exceed £100
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5
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5
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0
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(e) exceeds £100 but does not exceed £250
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6
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6
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0
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(f) exceeds £250 but does not exceed £500
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7
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7
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0
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(g) exceeds £500 but does not exceed £1,000
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8
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8
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0
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(h) exceeds £1,000 but does not exceed £2,000
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12
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12
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0
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(i) in cases exceeding £2,000 such increased fee, if any, as the Judge at the hearing shall allow.
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2. Fee on Advising Proofs :
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£
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s.
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d.
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(a) Where the amount exceeds £50 but does not exceed £100 and the Judge at the hearing certifies therefor
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2
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2
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0
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(b) Where the amount exceeds £100 and does not exceed £1,000 and the Judge at the hearing certifies therefor
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3
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3
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0
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(c) Where the amount exceeds £1,000 and the Judge at the hearing certifies therefor
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5
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5
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0
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3. Consultation :
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(a) Where the amount exceeds £50 but does not exceed £1,000 and the Judge at the hearing certifies therefor
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2
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2
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0
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(b) Where the amount exceeds £1,000 and the Judge at the hearing certifies therefor
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3
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3
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0
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