S.I. No. 142/1982 - Circuit Court Rules (No. 2), 1982, (Malicious Injuries Act, 1981).

S.I. No. 142 of 1982.

CIRCUIT COURT RULES (No. 2), 1982, (MALICIOUS INJURIES ACT, 1981).

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, make the annexed Rules of Court.

Dated the 26th day of April, 1982.

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

Dated the 14th day of May, 1982.

SEAN DOHERTY,

Minister for Justice.

S.I. No. 142 of 1982.

CIRCUIT COURT RULES (No. 2) 1982.

( MALICIOUS INJURIES ACT, 1981 ).

These Rules, which may be cited as the Circuit Court Rules (Number 2) 1982, shall come into operation on the 21st day of May, 1982.

The Order referred to in these Rules as being revoked is that contained in the Circuit Court Rules, 1950. These Rules shall be construed together with the Circuit Court Rules, 1950, as amended.

Rule 1.

Order 52 is hereby revoked and the following Orders are substituted therefor:

ORDER 52

MALICIOUS INJURIES TO PROPERTY

1 Definition.

1. In this Order, "the Act" means the Malicious Injuries Act, 1981 , (No. 9 of 1981).

"Local Authority" has the meaning assigned to it by Section 2 of the Act.

2 Transitional.

2. All applications made or Proceedings taken before these Rules shall have come into effect but which are in accordance with the existing Rules and practice of the Court shall have the same validity as applications made or proceedings taken in accordance with these Rules.

3 Forms.

3. All applications shall be brought in accordance with the in the Schedule of Forms annexed hereto, or such modification thereof as may be appropriate. Every application shall name as respondent the Local Authority upon which the preliminary notice under Section 8 of the Act has been served and shall be dated and bear the name, address and description of the applicant and shall be signed by his solicitor, if any, or if none, by himself.

4 Service.

4. Every application and every notice under Section 10 of the Act shall be served, before filing, by registered post, or in any of the modes in which a Civil Bill may be served, upon the County Secretary or Town Clerk of the Local Authority to be served, provided that such service need not be effected by a Summons Server.

5 Date of hearing.

5. This Rule shall not apply to the Dublin Circuit. Every application shall state the date of commencement of the Sittings at which it is intended that the application shall be listed for hearing, and a copy thereof, with the endorsement of Service thereof shall be filed at the Office by the Applicant not later than twenty-one days before the commencement of such Sittings.

6 Date of hearing (Dublin)

6. This Rule shall apply only to the Dublin Circuit. Every application shall state the date on which it is intended that the application shall be listed for hearing and a copy thereof, with the endorsement of service thereof, shall be filed by the applicant at the Office not later than twenty one days before such date.

7 Notice to join other Local Authority

7. Every notice under Section 10 of the Act shall set out the grounds to be relied upon for a request to the Court that any compensation awarded should be paid wholly or partly out of the funds of the notice party. There shall be attached to and served with every notice under Section 10 a copy of the preliminary notice which has been served upon the Local Authority.

8 Notification to Applicant of certain matters

8. Any Local Authority which intends to seek a reduction or exclusion of compensation pursuant to the provisions of Sub-Section (1) or Sub-Section (3) of Section 12 of the Act shall give to the Applicant seven days notice of its intention to rely upon the same and such notice shall indicate the provision or provisions intended to be relied upon and shall give such particulars in relation thereto as shall adequately inform the Applicant of the nature of the case which the Local Authority intends to make under the said Section. In the case of non-compliance with this Rule the Judge may adjourn the application or deal otherwise with the matter as to him shall seem right.

9 Non-compliance

9. Non-compliance with these Rules shall not render any Proceedings void unless the Court shall so direct.

10 Powers to extend time etc.

10. The powers of the Court shall include power to extend the time for, set aside either wholly or in part, amend or otherwise deal with in such manner and on such terms as the Court shall think just, any act or proceedings under this Act or under this Order.

11 Application for reimbursement of compensation

11. Every application under Section 19 Sub-section 4 of the Act shall be in the form in the Schedule of Forms annexed hereto, or such modification thereof as may be appropriate and shall be served before filing, by registered letter or in any of the modes in which a Civil Bill may be served, provided that such service need not be effected by a Summons Server.

12 Malicious Injuries Book

12. The County Registrar shall keep a book, to be called The Malicious Injuries Book, in which he shall enter each application for compensation for malicious injury in the order in which it shall be received by him, and shall set out therein full particulars of each application and shall enter therein the ruling of the Court in each case.

13 Form of Decree or refusal

13. Every Decree for compensation, or refusal to award compensation, shall state whether it is made with or without costs, and in case it is made with costs, the exact sum payable for costs (including witnesses' expenses) shall be inserted therein. Such Decree or refusal shall be in the appropriate form in the Schedule of Forms.

14 Costs and Expenses

14. The Court shall have power to award costs to and measure the same, or alternatively to direct the same to be taxed by County Registrar, except insofar as the same are provided for by Regulations made under Section 15 Sub-Section 2 of the Act. Such taxation shall be in accordance with such scale as may be prescribed. Any party aggrieved by such taxation may appeal to the Court to have the costs reviewed by it. Witness expenses shall be dealt with in accordance with Order 58 Rule 5.

ORDER 52A

CRIMINAL INJURIES TO THE PERSON

Venue

1. An application for compensation for Criminal Injuries under Section 106 of the Grand Jury (Ireland) Act, 1836, as amended by Section 5 of the Local Government (Ireland) Act, 1898, shall be made in the County where the injury was committed.

Application in case of death

2. In cases where the criminal injury has caused the death of a person, the application shall be made by his legal personal representative provided that the preliminary notice hereinafter required may be served by or on behalf of some one or more of his next of kin.

Preliminary Notice

3. Within fourteen days from the commission of a criminal injury, the applicant, or someone acting on his behalf, shall in all cases cause a preliminary notice of his intention to apply to the Court for compensation to be served on the County Secretary or Town Clerk of the Local Authority for the area where the injury was committed and upon the Member in Charge of the Garda Síochána Station for the place where such injury was committed. Such preliminary notice shall give full particulars of the time and place when and where such injury was committed and shall be in the form in the Schedule of Forms annexed hereto, or such modification thereof as may be appropriate.

Costs and expenses

4. The costs, as between party and party shall be measured by the Court or shall be referred to the County Registrar for taxation according to such scales as may be prescribed. Any party aggrieved by such taxation may appeal to the Court to have the costs reviewed by it. Witness expenses shall be dealt with in accordance with Order 58 Rule 5.

5. Save as is hereinbefore provided, the provisions of Order 52, except Rules 7, 8 and 11 thereof, shall apply, mutatis mutandis, to applications for compensation for criminal injury to the person as they apply to applications for compensation for malicious injury to property.

Rule 2.

Form 73, Form 74, Form 75, Form 76 in the Second Schedule to the Rules of the Circuit Court, 1950 are hereby revoked and the forms set out in the Schedule of Forms attached hereto are substituted therefor.

SCHEDULE OF FORMS

FORM NO. 1

APPLICATION TO THE CIRCUIT COURT

FOR COMPENSATION FOR MALICIOUS INJURY TO PROPERTY

AN CHUIRT CHUARDA

(THE CIRCUIT COURT)

To: The county Secretary/Town Clerk of ............................................................ ..............................

(Local Authority)

and to the County Registrar,

(Address)

FORM NO. 2

Application requiring reimbursement to Local Authority of Compensation

AN CHUIRT CHUARDA

(THE CIRCUIT COURT)

WHEREAS an Award was made under the above named Act to the above named applicant by this Honourable Court on or about the day of 19 AND WHEREAS the above named respondent has paid £ compensation to the applicant on foot of the said Award together with £ in respect of costs AND WHEREAS the above named applicant failed to make full and true disclosure of all the facts material to the determination of the application for compensation concerned in that (a)............................................................ .. ............................................................ ............................................................ ............................................................ ......

............................................................ ............................................................ ............................................................ .......

(a) herein insert full details of matters to be relied upon

Notice is hereby given that the respondent intends to apply to the Circuit Court sitting at  in the County of   on the   day of    19  or on the first available day thereafter (b) pursuant to Section 19 (4) of the above Act for an Order requiring that the applicant do reimburse to the respondent the amount of the said compensation or such part thereof as the Court may direct, together with the said sum by way of costs.

(b) Omit the words "or on the first available day thereafter" where the application is made in Dublin

TO: A.B.

(description) of

(Address)

Applicant.

FORM NO. 3

Form of Decree for Compensation for Malicious Injury to Property

AN CHUIRT CHUARDA (THE CIRCUIT COURT)

It appearing to the Court that the applicant caused an application to be made to the Court under the provisions of the Malicious Injuries Act, 1981 , at these present Sittings for the sum of £  to be made to him for compensation for that*

*here state nature of the claim from notice

And it further appearing that the notice of such application was duly served on the respondent and all other proper and necessary parties, and that all necessary preliminary notices have been served; and the Court having duly examined into the matter of the said application and having found that the applicant is entitled to the sum of £    for the injury complained of and having further found that the said sum of £  should be paid out of the funds of the (here specify the Local Authority)

It is therefore Ordered and decreed by the Court that the applicant do recover from the respondent the sum of £  , together with the sum of £   for costs and it is further Ordered that the said sum and costs be paid by the respondent out of the same funds.

FORM NO. 4

Form of Refusal of Compensation for Criminal Injury to Property

AN CUIRT CHUARDA

(THE CIRCUIT COURT)

It appearing to the Court that the applicant caused an application to be made to the Court under the provisions of the Malicious Injuries Act, 1981 for the sum of £  to be paid to him for compensation for that*

*here state nature of claim from notice

And it further appearing that the notice of such application was duly served on the respondent and that all necessarly preliminary notices have been served; and the Court having duly examined into the matter of the said application and being satisfied of the applicant's failure to prove his case.

It is therefore ordered and adjudged by the Court that the application be and the same is hereby refused and that the respondent do recover from the applicant the sum of £   for costs.

FORM NO. 5

Form of Preliminary Notice of Application for compensation for Criminal Injury to the Person.

(a) delete as appropriate

(b) name the local Authority

OR

(a) delete as appropriate

B) A Magistrate/Peace Officer (a)

was maliciously maimed/murdered (a)

and that it is intended to apply to the Circuit Court for compensation for the said injury/death (a) pursuant to the provisions of Section 106 of the Grand Jury (Ireland) Act, 1836, as amended.

FORM NO. 6

Application to the Circuit Court for Compensation for Criminal Injury to the Person

WHEREAS some person or persons did, on the  day of  19 at (a) in the County of

maliciously maim/murder (b)

(a) describe location

(b) delete as may be appropriate

NOTICE IS HEREBY GIVEN that an application will be made by or on behalf of the above named applicant (being the legal personal representative of the said     deceased) (b) to the Circuit Court Sitting at    in the County of     on the     day of   19  or on the first available day thereafter, for compensation in such sum as the Court shall think just and reasonable, to be raised as provided for in Section 106 of the Act.

To The County Secretary/Town Clerk of

(Local Authority)

And to the County Registrar,

(Address)

EXPLANATORY NOTE

These Rules revoke Order 52 of the Circuit Court Rules, 1950 and prescribe Circuit Court procedures in respect of applications for compensation brought under the Malicious Injuries Act, 1981 and in respect of applications for compensation for criminal injuries to the person brought under section 106 of the Grand Jury (Ireland) Act, 1836.