Courts and Civil Law (Miscellaneous Provisions) Act 2023

Court may award costs without oral hearing

115. The Act of 1961 is amended by the insertion of the following section after section 61:

“62. (1) Subject to subsection (2), a court in any proceedings before it may, in relation to its determination, or any part of its determination, of the liability (if any) of any party to costs, make one or more of the following directions:

(a) that the determination shall be made without an oral hearing;

(b) that an application or submission to the court relating to such determination shall be made in writing;

(c) that a ruling in relation to such liability shall be delivered in writing.

(2) A court shall not make a direction under subsection (1) where it considers that it is not in the interests of justice to do so.

(3) A direction under subsection (1) may be made at any time during the proceedings concerned or at their conclusion.

(4) Rules of court may, in relation to proceedings to which subsection (1) applies, make provision for the manner in which submissions in writing relating to liability for costs may be made by the parties to the proceedings.

(5) Subsection (1) is without prejudice to any power of the court under any enactment or rule of court.

(6) In this section, ‘court’ means the Supreme Court, the Court of Appeal, the High Court, the Circuit Court or the District Court.”.