S.I. No. 140/1982:

DISTRICT COURT (INTEREST ON DECREES AND LODGEMENTS) RULES, 1982.

DISTRICT COURT (INTEREST ON DECREES AND LODGEMENTS) RULES, 1982.

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 17 of the Interpretation Act, 1937 (as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 , and section 34 of the Courts (Supplemental Provisions) Act, 1961 , do hereby, with the concurrence of the Minister for Justice, make the following Rules of Court:--

1. These Rules may be cited as the District Court (Interest on Decrees and Lodgements) Rules, 1982.

2. These Rules shall come into operation on the 14th day of May, 1982, and shall be read together with all other District Court Rules for the time being in force.

3. In these Rules--

"the Principal Rules" means the District Court Rules, 1948 (S.R.& O. 1947 No. 431);

"the Summary Judgment Rules" means the District Court (Summary Judgment) Rules, 1963 ( S.I. No. 213 of 1963 ).

INTEREST ON DECREES.

4. Form III--ORDINARY DECREE in the Schedule of Forms to the Principal Rules, and Forms 13, 14, 15, 16 and 17 in the Schedule of Forms to the Summary Judgement Rules shall be amended by the deletion of all words after the word "decreed" and the substitution therefor of the following:--

"that the Plaintiff do recover from the Defendant said sum of £   for debt together with the sum of £   for costs and the sum of £   for witnesses' expenses and also interest at the rate of 11 per cent per annum on the debt (exclusive of costs and witnesses' expenses) if it exceeds £150 from the date hereof/from the          day of 19 , and all sheriffs and county registrars are hereby commanded to take in execution the goods of the Defendant to satisfy the said debt, costs, witnesses' expenses and interest on debt.

5. Every decree of the District Court for the recovery of money shall contain a direction to sheriffs and county registrars to levy the money due and payable and sought to be recovered under the decree, and the costs and witnesses' expenses awarded, if any, and also to levy interest on the sum due (exclusive of costs and witnesses' expenses) if it exceeds £150 at the rate of 11 per cent per annum from the date of the decree unless the decree otherwise directs.

INTEREST ON LODGMENTS

6. Where a lodgment of money is made the person making such lodgment may by notice in the Form below request the district court clerk to place the sum lodged either on a deposit account or on a current account, and where the sum is placed on a deposit account the person who made the lodgment shall be entitled to payment of any interest accruing thereon. The interest shall not form part of the lodgement.

*Give details of nature of lodgment.

GIVEN this 29th day of April, 1982.

I concur in the making of the foregoing Rules.

Dated this 13th day of May, 1982.

SEÁN DOHERTY,

Minister for Justice.

EXPLANATORY NOTE.

These rules, which come into effect on 14th May, 1982, make changes in various forms of decree to take account of the interest provisions of the Courts Act, 1981 , and provide a method for dealing with money lodged in court.