STATUTORY INSTRUMENTS.

S.I. No. 542 of 2004 .

CIRCUIT COURT RULES (NO. 1) (PERSONAL INJURIES ASSESSMENT BOARD ACT, 2003), 2004.

S.I. No. 542 of 2004 .

CIRCUIT COURT RULES (NO. 1) (PERSONAL INJURIES ASSESSMENT BOARD ACT, 2003), 2004.

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of section 69 of the Courts of Justice Act, 1936 , and section 12 of the Courts of Justice Act, 1947 , by virtue of the powers conferred on us by section 66 of the Courts of Justice Act, 1924 , and section 70 of the Courts of Justice Act, 1936 , (as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 ) and 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, Equality and law Reform, make the annexed Rules of Court.

Dated this 8th day of July, 2004.

Esmond Smyth

(Chairman of the Circuit Court Rules Committee)

Elizabeth Dunne

Patrick Hunt

Fergal Foley

Gerard J. Doherty

Joe Deane

Edmund Carroll

Noel Rubotham

Susan Ryan (Secretary)

1.  The Circuit Court Rules are hereby amended by:

(i)  the insertion in Order 5, immediately following rule 5 thereof, of the following rule:

“5A. In the case of proceedings the bringing of which requires to be authorised in accordance with sections 14, 17, 32, 36 or 49, or rules under section 46(3) of the Personal Injuries Assessment Board Act, 2003, the indorsement of claim shall contain a statement.

(a) confirming that the proceedings have been authorised by the Personal Injuries Assessment Board,

(b) specifying the section of the Personal Injuries Assessment Board Act, 2003 or the rule made under section 46(3) of that Act in accordance with which such authorisation has been issued, and

(c) citing the date of issue of the authorisation and any reference or record number relating to such authorisation.”

(ii)  the insertion in Order 15, immediately following rule 21 thereof, of the following rule:

“22. In the case of applications for the approval by the Court of an assessment under section 35(2) of the Personal Injuries Assessment Board Act 2003 (in this rule hereinafter referred to as “the 2003 Act”), the following procedure shall apply:

(a) An application for the approval of the Court shall be made by motion ex parte by the next friend, committee or other person referred to in section 35(1) of the 2003 Act.

(b) The application shall be grounded upon 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 [MINOR OR PERSON OF UNSOUND MIND], OF [ADDRESS] BY C.D., ACTING AS [STATE CAPACITY] ON BEHALF OF THE SAID A.B.”

(c)  Such application shall be made to a judge of the Circuit Court having jurisdication in accordance with Order 2 hereof.

(d)  The grounding affidavit shall include particulars of the name of the respondent and (i) the address at which the respondent ordinarily resides or carries on any profession, business or occupation, or (ii) the County wherein the tort is alleged to have been committed.

(e)  Where the Court approves an assessment in accordance with this rule it may give directions as to how the amount recoverable by the minor or person of unsound mind is to be dealt with, including a direction for lodgement in Court and investment of the amount concerned.

(f)  The County Registrar shall 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.

(g)  In the event of an order to pay issuing in accordance with section 38 of the 2003 Act, a copy thereof shall be sent forthwith by the personal Injuries Assessment Board to the Country Registrar by ordinary pre-paid post or by e-mail.”

(iii)  the insertion in Order 36, immediately following rule 11 thereof, of the following rule:

“11A. The provisions of these Rules which relate to the enforcement of a judgement shall apply, with any necessary modifications, to an order to pay issued by the Personal Injuries Assessment Board in accordance with section 38(1) of the Personal Injuries Assessment Board Act 2003 , and any Form in the Appendices to these Rules which contains a reference to a judgement may, where appropriate, be modified to refer to such an order to pay”.

(iv)  the insertion in Order 64, immediately following rule 3 thereof, of the following rule:

“4. In the case of applications to which section 12 of the Personal Injuries Assessment Board Act 2003 applies, the motion shall be grounded upon an affidavit entitled

“IN THE MATTER OF SECTION 12 OF THE PERSONAL INJURIES ASSESSMENT BOARD ACT 2003 ”

and the Court may give such directions as to the service of the application (and as to the service of any affidavits) or as to the service of any order made on such application on any person as may be appropriate”.

2.  These rules shall come into operation on the 16th day of September 2004.

3.  These rules shall be construed together with the Circuit Court Rules 2001 as amended and may be cited as the Circuit Court Rules (No. 1) (Personal Injuries Assessment Board Act 2003) 2004.

EXPLANATORY NOTE.

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

These Rules prescribe Circuit Court Procedures in respect of the Personal Injuries Assessment Board Act, 2003 and in particular provide for details of authorisations to be included in indorsements of claim in Civil Bills, for the ruling by the Court by way of approval of assessments in the case of persons with incapacities and for the enforcement of assessments made by the Personal Injuries Assessment Board where these have been accepted by the parties.