S.I. No. 201/2017 - Circuit Court Rules (Personal Injuries Assessment Board Act 2003) 2017.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 19th May, 2017.

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of section 69 of the Courts of Justice Act 1936 , 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 ), 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 and Equality, make the annexed Rules of Court.

Dated this 28th day of February 2017.

(Signed): Raymond Groarke

(Chairman of the Circuit Court Rules Committee)

Jacqueline Linnane

Sarah Berkeley

David Dodd

Fiona Duffy

Keith Walsh

Mairead Ahern

Rita Considine

Noel Rubotham

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

Dated this 17th day of May 2017.

Signed: FRANCES FITZGERALD,

MINISTER FOR JUSTICE AND EQUALITY.

S.I. No. 201 of 2017

CIRCUIT COURT RULES (PERSONAL INJURIES ASSESSMENT BOARD ACT 2003) 2017

1. (1) These Rules, which may be cited as the Circuit Court Rules (Personal Injuries Assessment Board Act 2003) 2017, shall come into operation on the 31st day of May 2017.

(2) These Rules shall be construed together with the Circuit Court Rules 2001 to 2017.

(3) The Circuit Court Rules 2001 to 2017 as amended by these Rules may be cited as the Circuit Court Rules 2001 to 2017.

2. The Circuit Court Rules are amended by the substitution therein for rule 5A of Order 5 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 whether or not 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 any such authorisation has been issued, and

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

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EXPLANATORY NOTE

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

These rules amend the Circuit Court Rules by the substitution for rule 5A of Order 5, of a new rule including a requirement, in the case of proceedings which require to be authorised in accordance with sections 14 , 17 , 32 , 36 and 49 , or rules under section 46 (3) of the Personal Injuries Assessment Board Act 2003 , that the indorsement of claim in relevant proceedings shall contain a statement confirming whether or not the proceedings have been authorised by the Personal Injuries Assessment Board.