S.I. No. 344/1997 - Rules of the Superior Courts (No. 4), 1997

S.I. No. 344 of 1997.

RULES OF THE SUPERIOR COURTS (NO. 4), 1997

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act, 1936 , section 67, and reconstituted pursuant to the provisions of the Courts of Justice Act, 1953 , section 15, by virtue of the powers conferred upon us by the Courts of Justice Act, 1924 , section 36, and the Courts of Justice Act, 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act, 1961 , section 48), and the Courts (Supplemental Provisions) Act, 1961 , section 14, and of all other powers enabling us in this behalf, do hereby make the annexed Rules of Court.

Dated this 2nd day of February, 1995

I concur in the making of annexed Rules of Court.

Dated this 13th day of August, 1997

John O'Donoghue

Aire Dlí agus Cirt,

Comhionannais agus Athchoirithe Dlí

S.I. No. 344 of 1996:

RULES OF THE SUPERIOR COURTS (NO. 4), 1997

1. Rule 21(3) of order 77 shall be renumbered as rule 21(3) (1) and the following shall be inserted as rule 21(3) (2), rule 21(3) (3) and rule 21(3) (4) respectively:

 "(2) When notification of acceptance of a lodgement has been received in accordance with rule 32 and if the proceedings thereby become stayed in accordance with Order 22, the interest to which a Defendant is entitled under the immediately preceding sub rule shall, where the sum lodged is lodged by a solicitor on behalf of the Defendant, be paid out to the solicitor then acting on behalf of the Defendant unless otherwise ordered by the Court. Such payment shall be made upon a request or authority to be made in the Form No. 11 in Appendix P as adapted for this purpose.

(3) Where money has been lodged on behalf of the Defendant and where the Plaintiff duly consents to the payment out to the Defendant of the money so lodged, such sum together with any interest thereon shall be paid out to the solicitor then acting on behalf of the Defendant unless otherwise ordered by the Court. Such payment shall be made upon a request or authority together with a letter of consent for this purpose from the Plaintiff or his solicitor, as the case may be. The proceedings shall thereupon be stayed and the Defendant shall, unless it is otherwise agreed by the parties or ordered by the Court, be entitled to tax his costs up to the date of payment out and forty eight hours after taxation may sign judgement for his taxed costs.

(4) In any other case, no payment of money lodged (or interest thereon) shall be made to a Defendant unless ordered by the Court."

2. The words "or in rule 21" shall be inserted after the word "rule" where that appears in rule 32(3) of Order 77.

3. This rule shall come into operation on 1st day of September 1997.

4. This rule shall be construed together with the Rules of the Superior Courts 19861997 and may be cited as the Rules of Superior Courts (No. 4), 1997.

EXPLANATORY NOTE

This rule which comes into operation on the 1st day of September, 1997 provides for the amendment of Order 77, rule 21 and rule 32(3) to make provision in regard to payment out of funds in Court and interest to a Defendant's Solicitor in certain circumstances.