S.I. No. 12/1957 - Rules of the High Court and Supreme Court High Court Rules, 1957.

S.I. No. 12 of 1957.

RULES OF THE HIGH COURT AND SUPREME COURT HIGH COURT RULES, 1957.

We, the Superior Courts Rules Committee established by Section 67 of the Courts of Justice Act 1936 and reconstituted pursuant to the provisions of Section 15 of the Courts of Justice Act 1953 by virtue of the powers conferred upon us by Section 36 of the Courts of Justice Act 1924 and Section 68 of the Courts of Justice Act 1936 and of all other powers enabling us in this behalf do hereby make the annexed Rules of Court.

Dated this 29th day of January 1957.

CONCHUBHAR A. MAGUIDHIR, C.J.	KEVIN DIXON
CAHIR DAVITT, P.	JOHN O'LEARY
CECIL LAVERY	THOMAS V. DAVY
CEARBHALL Ó DÁLAIGH	JAMES J. HICKEY

RALPH J. WALKER

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

Dated this 30th day of January, 1957.

JAMES EVERETT,

Minister for Justice.

1. These Rules may be referred to as The High Court Rules 1957 and shall be read with the existing Rules of the High Court and Supreme Court and be deemed to be incorporated therewith, but shall, so far as inconsistent therewith, amend or alter the said Rules.

2. Order XVI of the Rules of the High Court and Supreme Court 1926, as amended by the Rule made on the 28th day of May, 1954, shall be amended by the deletion of Rule 3 and the substitution therefor of the following Rule :

" 3. An application by any party for an Order for the trial of any proceedings elsewhere than in Dublin may be made to a Judge at any time after the close of the pleadings by motion on notice to the other party or parties to such proceedings or, if such other party or parties consent thereto, by motion ex parte."

3 As on and from the 4th day of February, 1957, Rule 3 of Order IV of the Rules of the High Court and Supreme Court 1926, as amended by the High Court Rules (No. 2) 1947, shall be amended by the deletion of the second paragraph thereof and the substitution therefor of the following paragraph :

" The amount claimed for Costs shall be—

If the demand does not exceed £5	£1	12s.	0d.
If the demand exceeds £5 but does not exceed £25	£2	12s.	0d.
If the demand exceeds £25 but does not exceed £50	£3	2s.	0d.
If the demand exceeds £50 but does not exceed £300	£4	2s.	0d.
If the demand exceeds £300 but does not exceed £600	£5	5s.	0d.
If the demand exceeds £600	£6	10s.	0d.

with fifteen shillings for each additional service after the first and the costs of order (if any) for service of Summons or notice in lieu thereof out of the jurisdiction or for substituted or other service, or for the substitution of notice for service or for declaring service effected sufficient or any notice by advertisement of the issue of the Summons."

4. Appendix II Part I of the Rules of the High Court and Supreme Court 1926, as amended by the High Court Rules (No. 2) 1947, and the High Court Rules, 1951, shall be amended by the deletion of Item 193A and the substitution therefor of the following Item :

" 193A and such further reasonable sum as the Taxing Master may allow, having regard to the nature and importance of the case not to exceed with Item 193—£7. 7. 0."

EXPLANATORY NOTE.

The effect of this Instrument is to alter the prescribed time of application for the trial of certain proceedings and to increase the amounts which may be claimed for certain costs.