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  4. S.I. No. 81/1955 - Rules of the High Court and Supreme Court. Solicitors Act Rules, 1955.

S.I. No. 81/1955 - Rules of the High Court and Supreme Court. Solicitors Act Rules, 1955.

S.I. No. 81 of 1955.

RULES OF THE HIGH COURT AND SUPREME COURT. SOLICITORS ACT RULES, 1955.

WE, the Superior Courts Rules Committee constituted pursuant to the provisions of section 67 of the Courts of Justice Act, 1936 , and reconstituted pursuant to the provisions of section 15 of the Courts of Justice Act, 1953 , by virtue of the powers conferred upon us by section 36 of the Courts of Justice Act, 1924 , section 68 of the Courts of Justice Act, 1936 , and section 83 of the Solicitors Act, 1954 , and of all other powers enabling us in this behalf, do hereby make the annexed Rules of Court.

Dated this 22nd day of April, 1955.

CONCHUBHAIR A. MAGUIDHIR, C.J.

CEARBHALL Ó DÁLAIGH

JOHN O'LEARY

THOMAS V. DAVY

SAMUEL V. KIRWAN

JAMES J. HICKEY

RALPH J. WALKER

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

Dated this 29th day of April, 1955.

JAMES EVERETT,

Aire Dlí agus Cirt.

SOLICITORS ACT RULES, 1955.

I. GENERAL.

1. These Rules may be cited as " The Solicitors Act Rules, 1955 " and shall be read with the Rules of the High Court and Supreme Court and be deemed to be incorporated therewith but shall, so far as inconsistent therewith, amend and alter those Rules accordingly.

2. In these Rules—" The Act " means the Solicitors Act, 1954 (No. 36 of 1954).

" The Society " means the Incorporated Law Society of Ireland.

" The Committee " means the Disciplinary Committee constituted in pursuance of section 13 of the act.

" The Office " means the Office of the Registrar of the Supreme Court.

A reference to the Chief Justice shall, where the function or power in question stands delegated under section 6 of the act to a Judge of the Supreme Court or High Court, be construed as a reference to such Judge.

3. Service of any document upon the Society under these Rules may be effected by serving the same on the Secretary of the Society or by sending the same by pre-paid registered post addressed to the Secretary of the Society at the Solicitors' Buildings, Four Courts, Dublin.

4. The Chief Justice shall in respect of any Appeal or Application to him to which these Rules relate have all the powers as to amendment, enlargement and abridegment of time and otherwise of the High Court and may make such Order as to the whole or any part of the costs of any such Appeal or Application as may be just.

II. APPEALS TO THE CHIEF JUSTICE UNDER SECTION 23 OF THE ACT.

5. Every Appeal to the Chief Justice against an Order of the Committee shall be by way of rehearing and be brought by Notice of Motion which shall be a four day Notice and is hereinafter referred to as the " Notice of Appeal." The Notice of Appeal and all proceedings in relation to the Appeal shall be entitled in the matter of the Solicitor to whom the Appeal relates and in the matter of the Act.

6. The Notice of Appeal shall state the Order of the Committee against which the Appeal is taken, the grounds of the Appeal and the Order (if any) sought by the applicant in lieu of the Committee's Order.

7. The Notice of Appeal shall be served, within 21 days from the date on which the Order of the Committee was pronounced, upon such of the following as shall not be the appellant namely the applicant to the Committee, the Society and the Solicitor to whom the Order of the Committee relates and a copy of such Notice shall be lodged within the time aforesaid with the Clerk to the Committee.

8. The Appeal shall be entered by the appellant by lodging a copy of the Notice of Appeal (with the date of service thereof endorsed) in the Office at latest upon the day after the date of the last of the services aforesaid.

9. The appellant shall lodge in the Office true copies arranged in book form of the following documents relating thereto, viz. :

(a) the Order against which the Appeal is taken (including the findings of the Committee) ;

(b) the written application to the Committee ;

(c) where an Inquiry has been held by the Committee, the transcript of any evidence given orally at such Inquiry or, if no record of the evidence was taken, the note of the proceedings at such Inquiry taken by the Chairman of the Committee ; and

(d) all affidavits, depositions and other documents (if any) which were put in evidence or used in the proceedings before the Committee.

The copy of the said transcript of evidence to be lodged as aforesaid shall be certified by the person or persons by whom the same was made, to be a true statement of the evidence recorded at the Inquiry and shall be signed by the Chairman of the Committee ; and in case no such record was taken, the copy of the Chairman's note of the proceedings to be lodged as aforesaid shall be signed by him.

10. The Appeal shall in so far as any question of fact is involved be heard on the evidence given at or used in the proceedings before the Committee and shall be brought before the Chief Justice by means of the documents referred to in Rule 9. The Chief Justice shall, however, have full discretionary power to receive further evidence upon questions of fact, but such further evidence shall not be admitted without special leave of the Chief Justice and shall be given in such manner, whether orally or by affidavit or otherwise, as the Chief Justice may determine. If the whole or any part of the transcript of evidence or Chairman's note (as the case may be) cannot be produced, the Chief Justice shall have power to hear and determine the Appeal upon any other evidence or statement of what occurred at the Inquiry which the Chief Justice may deem sufficient.

11. The Chief Justice shall have power to draw inferences of fact and to give any Judgment and make any Order which ought to have been made and to make such further or other Order as the case may require.

12. Where the Appeal has been taken by the Applicant to the Committee or where, in the case of an Application by a Solicitor to procure the removal of his name from the Roll of Solicitors, the Appeal has been taken by a person who objected to the Application, the Chief Justice may in special circumstances order the appellant to make or give such deposit or other security for the costs of the Appeal as may be just.

13. An Appeal to the Chief Justice against the refusal of the Committee to suspend the operation of an Order under Section 18 (4) ofthe Act may be made by Motion on Notice or ex-parte, to which the following provisions shall apply :—

(a) Where the Appeal is brought by Motion on Notice, the Notice of Motion shall be a two day Notice and shall be served upon the same persons as a Notice of Appeal against the said Order is required to be served.

(b) Where the Appeal is brought by Motion ex-parte, the Chief Justice may require Notice thereof to be given to such persons and in such manner as he may direct.

(c) The Appeal shall be grounded upon an affidavit or affidavits and shall be entered by the appellant by lodging the said affidavit or affidavits in the Office together with a copy of the Notice of Motion (if any) with the date of service thereof endorsed thereon.

(d) The Chief Justice may make such Order or Orders on the hearing of or in relation to such Appeal as the circumstances may require and in particular may suspend the operation of the Committee's Order upon or subject to such conditions as may be just.

14. The Registrar of the Supreme Court shall send to the Registrar of Solicitors a copy of every Order made on any Appeal to the Chief Justice under section 23 of the act.

III. APPEALS AND APPLICATIONS TO THE CHIEF JUSTICE UNDER PARTS IV, V AND VI OF THE ACT.

15. Every Appeal or Application to the Chief Justice under Sections 45, 47 (6), 48 (3), 49 (5), 51 (2) or 60 (3) of the Act shall be brought by Notice of Motion which shall be a four day Notice and shall be entitled in the matter of the Apprentice, intending Apprentice or Solicitor to whom the same relates and in the matter of The act.

16. The Notice of Motion shall state the Order or decision of the Society or the Registrar of Solicitors (as the case may be) in respect of which the Appeal or Application is brought, the grounds of the Appeal or Application and the Order (if any) sought by the appellant or applicant on such Appeal or Application.

17. The Notice of Motion shall be served on the Society or, in the case of an Application under Section 47 (6) of the Act, on the Registrar of Solicitors, within one month from the date on which the appellant or applicant was notified of the Order or decision of the Society or the Registrar (as the case may be).

18. The Appeal or Application shall be entered by the appellant or applicant by lodging a copy of the Notice of Motion (with thedate of service thereof endorsed) in the Office at latest upon the day after the date of the service thereof upon the Society or the Registrar of Solicitors (as the case may be). Any affidavit intended to be used in support of the Appeal or Application shall also be lodged in the Office at the same time.

19. The evidence upon the hearing of any such Appeal or Application shall be by affidavit, except in so far as the Chief Justice may direct oral evidence to be given.

20. The Chief Justice shall have power, subject to the provisions of the Act, to give any decision or make any Order which ought to have been given or made and to make such further or other Order as the case may require.

21. In case of an Application to the Chief Justice under Sections 47 (6) or 48 (3), any Order made thereon by the Chief Justice shall be served by the applicant on the Registrar of Solicitors who shall forthwith take all such steps as may be necessary to comply therewith ; and in every other Case, any Order made by the Chief Justice on the Appeal or Application may be served by the appellant or applicant on the Society which shall forthwith take all such steps as may be necessary to comply therewith.

IV. APPLICATIONS TO THE HIGH COURT PURSUANT TO THE PROVISIONS IN THE FIFTH SCHEDULE TO THE ACT.

22. Every Application to the High Court under sub-paragraph (2) (b) or sub-paragraph (4) of paragraph 15 of the Fifth Schedule to the Act shall be brought by Summary Summons. The Summons shall be in Form 3 in the Appendix of Forms to the Rules of the High Court and Supreme Court, 1926, and shall be entitled in the matter of The act ; and where the Application is brought under sub-paragraph (2) (b), the person having possession or control of the documents to which the Application relates shall be named as Respondent and where the Application is brought under sub-paragraph (4), the Society shall be named as Respondent.

23. Every Application by the Society to the High Court under paragraph 17 of the Fifth Schedule to the Act shall be governed by the following provisions :—

(a) The Application may be made on motion ex-parte grounded on an affidavit of the Secretary or other officer of the Society duly authorised entitled in the matter of the Solicitor to whose banking account or to whose Firm's banking account the Application relates and in the matter of the Act.

(b) Any Order of the High Court directing that no Banking Company shall, without leave of the Court, make anypayment out of a banking account in the name of such Solicitor or his Firm shall be served upon such Banking Company or Companies and in such manner (if any) as shall be specified in the Order and no such Banking Company shall, without such leave, make any payment out of any such banking account after the service of such Order upon it.

(c) Any Order of the High Court directing that a specified Banking Company shall not, without leave of the Court, make any payment out of a banking account in the name of such Solicitor or his Firm shall be served upon the said Banking Company in such manner (if any) as shall be specified in the Order and the said Banking Company shall not, without such leave, make any payment out of any such banking account after the service of such Order upon it.

(d) Any Order made as aforesaid shall be served upon the Solicitor or the Firm whose account is affected thereby within such time as may be specified in the said Order or within such extended time as may be fixed by any subsequent Order unless the Court shall dispense with such service.

(e) The Solicitor or Firm whose account is affected by any such Order as aforesaid or any Banking Company on which any such Order has been served may at any time apply to the High Court by Motion on Notice to the Society to discharge, set aside or vary the said Order and thereupon the Court may discharge, set aside or vary the said Order upon such terms as may be just.

(f) An Application for leave to make any payment out of a banking account affected by any such Order as aforesaid may be made by Motion on Notice to the Society.

(g) The Society or any other interested party may at any time apply to the High Court by motion to discharge or vary any such Order as aforesaid, and notice of such application shall be given to the persons affected thereby unless the Court shall dispense with such notice.

V. APPLICATIONS FOR ADMISSION AS A SOLICITOR.

24. Every person desiring to apply to be admitted by the Chief Justice as a Solicitor shall lodge a form of Certificate of Admission with the Registrar of Solicitors together with the prescribed fees. The Certificate of Admission shall be in the form in the Schedule hereto with such modifications as may be required.

25. If the applicant has complied with the requirements of the Act concerning admission and the regulations made thereunder,the said Registrar shall sign a certificate to that effect and lodge the same, together with the form of Certificate of Admission, in the Office and thereupon the Chief Justice shall, unless cause to the contrary is shown, admit the Applicant as a Solicitor by signing the Certificate of Admission which shall be returned to the Registrar of Solicitors.

26. Upon receipt of the said Certificate of Admission signed by the Chief Justice, the Registrar of Solicitors shall enter the name of the Applicant on the Roll of Solicitors and notify him thereof.

SCHEDULE.

CERTIFICATE OF ADMISSION.

Sittings, 19.....

Forasmuch as, upon examination and enquiry touching the fitness and capacity of     of          in the County of        to act as a Solicitor, I am satisfied that the said        is duly qualified so to act.

I do, by this writing under my hand, admit the said          to be a Solicitor of the Courts of Justice and I direct that his name be entered on the Roll of Solicitors.

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Enrolled the   day of   19......

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Registrar of Solicitors.