S.I. No. 5/1996 - Rules of the Superior Courts (No. 1), 1996.

S.I. No. 5 of 1996.

RULES OF THE SUPERIOR COURTS (No. 1), 1996.

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act, 1936 , section 67, and reconstituted pursuant to the provisions of the Courts of Justice Act, 1953 , section 15, by virtue of the powers conferred upon us by the Courts of Justice Act, 1924 , section 36, and the Courts of Justice Act, 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act, 1961 , section 48) and the Courts (Supplemental Provisions) Act, 1961 , section 14, and of all other powers enabling us in this behalf, do hereby make the annexed Rules of Court.

Dated this 2nd day of February, 1995.

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

Dated this 8th day of January, 1996.

NORA OWEN,

Aire Dlí agus Cirt.

S.I. No. 5 of 1996.

RULES OF THE SUPERIOR COURTS (No. 1), 1996.

1. The following rule shall be inserted after rule 7 as rule 8 of Order 103 of the Rules of the Superior Courts:

"8. (1) Notwithstanding anything previously contained in this Order, in any case in which the identity of the person or persons alleged to be carrying on an unauthorised development is unknown to the applicant, the Court may, if satisfied that the applicant has made sufficient and reasonable enquiries in all the circumstances and that the order (whether interim, interlocutory or otherwise) is otherwise justified, make the order sought and shall give such directions in accordance with this rule as to service of the order and notification of the making of the order as appears reasonable and practicable in the circumstances.

(2) (i) Unless for special reason which the Court shall specify, the Court shall direct that notification of the making of the order be affixed to the site on which the unauthorised development is taking place together with a copy of the order of the Court.

(ii) Such notification shall include:

( a ) the title and record number of the proceedings;

( b ) the name and address of the applicant;

( c ) the name and address of the applicant's solicitors (if any);

( d ) a statement of the nature of the unauthorised development;

( e ) a summary of the order of the Court including when the said order was made.

(iii) Such notification and copy order shall be in a transparent weatherproof enclosure and shall be securely affixed to the site in question at or adjacent to any entrance to or any exit of any kind from the site and in any event in a prominent and visible position and capable of being read.

(3) Any proceedings taken under this rule shall be taken against "a person or persons unknown", as the case may be.

(4) Any person, not already a party to the proceedings, claiming to be affected by the making of any order under this rule may apply to the Court by motion on notice to be joined as a party and the Court may make such order thereon as appears just and proper.

(5) The Court may, in addition to making an order under subrule (2) (i) above, also direct service of and or notification of the order on any other person and in such a manner as may be specified.

(6) The provisions of this rule are without prejudice to the power of the Court to make an order under Order 10 or Order 11, either in addition to or in lieu of making an order under this rule.

(7) In any proceeding under this Order where there are a number of respondents and where the identity of at least one of the respondents is unknown the Court may, in addition to or in lieu of making of an order providing for service and/or notification of the making of an order, direct that service and or notification of such order be made on some or all of the known parties on behalf of the person or persons unknown".

2. This rule shall come into operation on the 15th day of January, 1996.

3. This rule shall be construed together with the Rules of the Superior Courts 1986-1994 and may be cited as the Rules of Superior Courts (No. 1), 1996.

EXPLANATORY NOTE

These Rules which come into operation on 15th January, 1996 provide for the making of orders against unknown persons carrying on unauthorised development and are an addition to Order 103 of the Superior Courts Rules.