Garda Síochána (Compensation) Act, 1941

Applications to the High Court for compensation under this Act.

7.—(1) Any person who has applied to the Minister under this Act for compensation under this Act and has been authorised by the Minister to apply for such compensation to the High Court may apply to the High Court in accordance with such authorisation and this section.

(2) The following provisions shall apply and have effect in respect of every application under this section to the High Court for compensation under this Act, that is to say:—

(a) the application shall be made not later than two months after the date on which the authorisation of the application by the Minister was communicated to the applicant;

(b) the application shall be made by summary summons or in such other summary manner as shall be prescribed by rules of Court and shall be grounded on an affidavit stating the facts relied on in support of the application and made by the applicant or one of the applicants or, where the applicant is an infant, by his parent, guardian, or next friend;

(c) except the said affidavit, all the evidence at the hearing of the application shall be given viva voce, save in so far as the Court otherwise directs;

(d) the person making the said affidavit shall not be precluded, by reason of having made the said affidavit, from giving viva voce evidence at the hearing of the application;

(e) the Minister for Finance shall be named as the defendant;

(f) the application shall be heard and determined by one judge of the High Court whose decision shall be final and unappealable, save as is otherwise provided by this Act;

(g) the President of the High Court shall from time to time make arrangements for securing that all applications under this section shall, so far as practicable, be heard by the same judge;

(h) whether the application is successful or unsuccessful, the costs of the applicant when taxed and ascertained shall (save as the judge hearing the application shall for cause otherwise order) be paid by the Minister for Finance, and that Minister shall (save as aforesaid) bear his own costs and the order of the judge on the application shall provide accordingly.