Courts and Civil Law (Miscellaneous Provisions) Act 2023

Amendment of section 36 of Act of 1961

113. Section 36 of the Act of 1961 is amended by the insertion of the following subsections after subsection (4):

“(5) In the interests of the administration of justice and the determination of proceedings in a manner which is just, expeditious and likely to minimise the cost of those proceedings—

(a) the President of the District Court, or

(b) any other judge of the District Court as may be nominated for that purpose by the President of the District Court,

may, subject to any practice direction issued under subsection (6), make any order or give any direction he or she thinks appropriate in relation to the conduct of proceedings before the District Court.

(6) The President of the District Court may, in the interests of the administration of justice and the determination of proceedings in a manner which is just, expeditious and likely to minimise the cost of those proceedings, issue directions (in this section referred to as ‘practice directions’) in relation to the conduct of proceedings before the District Court.

(7) A practice direction may relate to—

(a) civil or criminal proceedings, or both, or

(b) a class or classes of civil or criminal proceedings, or both,

and may make provision for such incidental, supplementary and consequential matters, including in respect of a failure to comply with any matter provided for in a direction, as appear to the President of the District Court to be necessary or expedient for the purposes of the direction.

(8) A practice direction shall be published in such manner as the President of the District Court may direct.

(9) Subsections (5) to (8) are without prejudice to any powers of the District Court in respect of proceedings before it.”.