S.I. No. 14/2007 - Rules of the Superior Courts (Statutory Applications and Appeals) 2007
S.I. No. 14 of 2007 | ||
Rules of the Superior Courts (Statutory Applications and Appeals) 2007 | ||
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 following Rules of Court. | ||
Dated this 26th day of October, 2007. | ||
Joseph Finnegan | ||
Richard Johnson | ||
Lyndon McCann | ||
Patrick O'Connor | ||
Patrick Groarke | ||
Noel Rubotham | ||
I concur in the making of the following Rules of Court. | ||
Dated this 16th day of January, 2007. | ||
MICHAEL MCDOWELL | ||
Minister for Justice, Equality and Law Reform | ||
S.I. No. 14 of 2007 | ||
Rules of the Superior Courts (Statutory Applications and Appeals) 2007 1. The rules of the Rules of the Superior Courts are hereby amended by: | ||
(i) the deletion of sub-paragraph (a) of paragraph (21) of Order 3, and the re-numbering of sub-paragraph (b) of paragraph (21) of Order 3 as paragraph (21); | ||
(ii) the insertion in Order 12, immediately following sub-rule (2) of rule 2, of the following: | ||
“(2A) (a) A respondent in proceedings commenced by originating notice of motion pursuant to Order 84B or Order 84C, and to whom notice of such motion has been given, shall enter an appearance to such notice of motion in the Form No. 9 in Appendix A, Part II, within eight days after service of the notice of motion. Where a respondent is given notice of such motion after the date first fixed for the hearing of the notice of motion, he shall enter an appearance thereto within the time fixed by the Court for that purpose. A respondent in such proceedings shall not, without the leave of the Court, be entitled to be heard in such proceedings unless he has entered an appearance. | ||
(b) Subject to paragraph (a), the provisions of rules 1, 3 to 8 inclusive, 10 to 13 inclusive, and 26, shall, as far as applicable and with any necessary modifications, apply to an appearance entered in accordance with this sub-rule.”; | ||
(iii) the insertion in Order 13, immediately following rule 2, of the following: | ||
“2A. Where any respondent in proceedings commenced by originating notice of motion pursuant to Order 84B or Order 84C fails to enter an appearance to such notice of motion (or, having failed to enter an appearance, has not been heard by leave of the Court in accordance with paragraph (a) of sub-rule (2A) of rule 2 of Order 12), the Court may, on the hearing of the motion, if satisfied as to the service of notice of the motion on that respondent, grant such of the reliefs sought in the notice of motion against such respondent as seem just and proper.”; | ||
(iv) the insertion, immediately following Order 84A, of the following: | ||
“Order 84B | ||
Procedure in Statutory Applications | ||
1.(1) In this Order - | ||
“enactment” has the same meaning as in the Interpretation Act 2005; | ||
“relevant authority” means— | ||
(a) any Minister, | ||
(b) any Minister of State to whom powers and duties to which a relevant application relates are for the time being delegated by order made in exercise of the power conferred by section 2 of the Ministers and Secretaries (Amendment) (No 2) Act 1977, | ||
(c) any local authority (within the meaning of the Local Government Act 2001), | ||
(d) any officer of a Minister, Minister of State or local authority who has been authorised by such Minister, Minister of State or local authority to exercise powers under any enactment, | ||
(e) any agency, authority, board, commission, council or other body (not including a company formed under the Companies Acts) established by or under any enactment and authorised to exercise powers under any enactment, including, where the context so admits or requires, any committee of, or appointed by, such body, and any chairperson, officer or member of the staff of such body who has been authorised by such body to exercise powers under any enactment, | ||
(f) any holder of a public office authorised to exercise powers under any enactment, or | ||
(g) any tribunal of inquiry (including, where the context so admits or requires, the member, members or chairperson of such tribunal of inquiry, | ||
but does not include a court; | ||
“relevant application” means any of the following applications- | ||
(a) an application to the Court under any enactment by a relevant authority to direct, require or compel any person to take any step or do any thing (including, without limitation, an application for a direction to a person to comply with a direction given or request or determination made by that relevant authority) or prohibiting or restraining any person from, or directing any person to cease or refrain from, taking any step or doing any thing, | ||
(b) an application to the Court under any enactment by a relevant authority (or by any other person permitted by any enactment to apply for such directions) for the Court's directions to that relevant authority or for the Court's permission to take any step or do any thing, | ||
(c) an application or reference to the Court under any enactment by a relevant authority or in the course of any proceeding before a relevant authority for a determination or decision by the Court of, or for the opinion of the Court on any question, issue or matter, | ||
(d) an application to the Court under any enactment by a relevant authority for the Court's confirmation of a direction given by that relevant authority to any person, | ||
(e) an application to the Court by a person authorised by any enactment so to apply, to direct any relevant authority to take any step or do any thing or to direct any relevant authority not to take a step or not to do a thing, | ||
(f) an application (otherwise than by way of appeal) to the Court by a person authorised by any enactment so to apply, to annul or set aside a decision of a relevant authority or remit the decision to the relevant authority concerned, or | ||
(g) any application to the Court, required, authorised or permitted by any enactment to be brought or made in a summary manner, | ||
but does not include an application for any order which may be made or relief which may be obtained pursuant to Order 84 or Order 84A of these Rules, or a case stated. | ||
(2) (a) Where any enactment provides for or permits a relevant application to be made to the High Court or to a judge of the High Court and provision for the procedure applicable is not made either by the enactment concerned or by another Order of these Rules, the procedure set out in the following rules of this Order shall apply, subject to any requirement of the relevant enactment. | ||
(b) Where any enactment provides for an application to be made to the Court (other than a relevant application) and the Court determines that it is just and convenient that such application be so determined, the procedure set out in the following rules of this Order shall, subject to any requirement of the relevant enactment, apply to such application. | ||
2.(1) Save where the application is authorised by the relevant enactment to be made ex parte, it shall be made by originating notice of motion (in this Order hereinafter called “the notice of motion”). The notice of motion shall be entitled in the matter of the provision of the enactment pursuant to which the application is made. | ||
(2) Where the application is authorised by the relevant enactment to be made ex parte, or where no order, direction or other relief is sought as against any person or persons, the application shall be made by originating motion (in this Order hereinafter called “the motion”) entitled in the matter of the provision of the enactment pursuant to which the application is made and shall additionally be entitled on the application of the applicant. | ||
(3) Where any order, direction or other relief is sought as against any person or persons, the notice of motion shall additionally be entitled as between the applicant and such person or persons as respondents, and shall contain the names and addresses of each respondent. The notice of motion shall specify the particular relief sought against each respondent and the particular provision or provisions of the relevant enactment authorising the granting of each such relief. | ||
(4) Where a determination of or decision or opinion on any question, or the giving of any direction is sought in the application, the notice of motion shall state as concisely as is reasonably possible the question or direction concerned. | ||
3.(1) The notice of motion (or, as the case may be, the motion) shall be grounded upon an affidavit sworn by or on behalf of the applicant which shall: | ||
(a) contain a description of the applicant, including particulars sufficient to explain the standing of the applicant to move the application under the relevant provision of the enactment and, where the deponent is not the applicant, the authority of the deponent to make the affidavit on behalf of the applicant; | ||
(b) if the applicant is acting in any representative capacity, or relief is sought against any respondent in a representative capacity, state the capacity of the applicant or, as the case may be, the respondent; | ||
(c) set out the facts or circumstances which it is alleged authorise or entitle the applicant to make, or justify the applicant in making, the application and which support the granting of the relief sought; and | ||
(d) set out the basis of the deponent's belief as to the existence of the facts or circumstances referred to in the preceding paragraph. | ||
(2) The grounding affidavit shall exhibit copies of all correspondence and documents passing between the applicant and each respondent (if any), or otherwise issuing from any of them, relevant to the matter or matters in respect of which relief is sought. Subject to any direction the Court may give, such copies shall be incorporated in a single exhibit, in which event they shall be indexed and numbered sequentially in chronological order. | ||
4.(1) Subject to any provision to the contrary in the relevant enactment, where the application is by notice of motion, not less than twenty one days' notice of the application shall be given. | ||
(2) Each respondent shall be served with the notice of motion and copies of the grounding affidavit and any exhibits thereto. | ||
5.(1) Any respondent intending to oppose the application shall file in the Central Office a statement setting out concisely the grounds for such opposition and, if any facts are relied on therein, an affidavit verifying such facts, in which event, a copy of such statement and such affidavit (if any) shall be served upon the applicant and upon every other respondent before the return date of the notice of motion. | ||
(2) The applicant shall be at liberty to file a further affidavit replying to any matter verified in an affidavit of a respondent, in which event a copy of such affidavit shall be served upon each respondent within fourteen days of the service upon him of the respondent's statement of opposition and verifying affidavit. | ||
(3) In any case where reference is made in an affidavit to a document exhibited previously in an affidavit of any party, the document concerned shall not be further exhibited, but shall be identified by the exhibit reference used in relation to that document in the previous affidavit. | ||
6. An affidavit giving the names and addresses of, and the places and dates of service on, all persons who have been served with the notice of motion, grounding affidavit and exhibits (if any) shall be filed by the applicant before the motion is heard. If any person who ought under this Order to have been served has not been so served, the affidavit shall state that fact and the reason for it. | ||
7. Save where the Court otherwise directs, any evidence in proceedings to which this Order relates shall be given on affidavit. | ||
8.(1) On the return date of the notice of motion (or on any adjournment from such date), the Court shall give directions and make orders for the conduct of the proceedings as appear convenient for the determination of the proceedings in a manner which is just, expeditious and likely to minimise the costs of those proceedings which, where appropriate, may include: | ||
(a) directions as to the service of notice of the application on any other person, including mode of service and the time allowed for such service (and the Court may for that purpose adjourn the hearing of the notice of motion or further hearing of such application to a date specified); | ||
(b) directions as to the filing and delivery of any further affidavits by any party or parties; | ||
(c) orders fixing time limits; | ||
(d) directions as to discovery; | ||
(e) directions as to the exchange of memoranda between or among the parties for the purpose of the agreeing by the parties or the fixing by the Court of any issues of fact or law to be determined in the proceedings on the application, or orders fixing such issues; | ||
(f) a direction that the application be determined by way of plenary hearing, where it appears to the Court that the subject matter of the application is likely to involve a substantial dispute of fact or it is otherwise necessary or desirable in the interests of justice (and the Court may for that purpose make orders and give directions in relation to the exchange of pleadings or points of claim or defence between the parties); | ||
(g) directions as to the furnishing by the parties to the Court and delivery of written submissions; | ||
(h) directions as to the publication of notice of the hearing of the application and the giving of notice in advance of such hearing to any person other than a party to the proceedings who desires to be heard on the hearing of the application. | ||
(2) On the return date of the notice of motion (or on any adjournment from such date), the Court may, where it deems fit, hear any application for relief of an interlocutory nature, whether in the nature of an injunction or otherwise. | ||
Order 84C | ||
Procedure in Statutory Appeals | ||
1.(1) In this Order, “enactment” has the same meaning as in the Interpretation Act 2005. | ||
(2) Where any enactment provides for an appeal to be made to the High Court or to a judge of the High Court from a decision or determination made or direction given by a person or body, other than a court, which person or body is authorised by any enactment to make such decision or determination or give such direction (in this Order referred to as “the deciding body”), and provision for the procedure applicable is not made either by the enactment concerned or by another Order of these Rules, the procedure set out in the following rules of this Order shall apply, subject to any requirement of the relevant enactment. | ||
2.(1) The appeal shall be commenced by way of originating notice of motion (in this Order hereinafter called “the notice of motion”). The notice of motion shall be entitled in the matter of the provision of the enactment pursuant to which the appeal is made. The notice of motion shall name the person making the appeal as appellant and any person who the relevant enactment provides shall be a respondent to the appeal shall be named as a respondent. | ||
(2) The notice of motion shall contain the names and addresses of the appellant and of each respondent. The notice of motion shall specify the relief sought, and the particular provision or provisions of the relevant enactment authorising the granting of such relief. | ||
(3) Where the relevant enactment provides only for appeal to the High Court on a point of law, the notice of motion shall state concisely the point of law on which the appeal is made. | ||
(4) Where the relevant enactment provides that the Court may grant relief consequential upon or in addition to determining the appeal, the notice of motion shall state concisely the consequential or additional relief sought. | ||
(5) Subject to any provision to the contrary in the relevant enactment, the notice of motion shall be issued - | ||
(a) not later than twenty-one days following the giving by the deciding body to the intending appellant of notice of the deciding body's decision, or. | ||
(b) within such further period as the Court, on application made to it by the intending appellant, may allow where the Court is satisfied that there is good and sufficient reason for extending that period and that the extension of the period would not result in an injustice being done to any other person concerned in the matter. | ||
(6) Subject to any provision to the contrary in the relevant enactment, an application to the Court referred to in paragraph (b) of sub-rule (5) - | ||
(a) shall, unless the Court otherwise permits, be made by motion on notice to any person who the relevant enactment provides shall be a respondent to the appeal and to any other person who the Court directs shall be given notice of such application, and | ||
(b) may be made after the period of twenty-one days referred to in paragraph (a) of that sub-rule. | ||
3.(1) The notice of motion shall be grounded upon an affidavit sworn by or on behalf of the appellant which shall: | ||
(a) contain a description of the appellant, including particulars sufficient to explain the standing of the appellant to appeal under the relevant provision of the enactment, and, where the deponent is not the appellant, the authority of the deponent to make the affidavit on behalf of the appellant; | ||
(b) if the appellant is acting in any representative capacity, or relief is sought against any respondent in a representative capacity, state the capacity of the appellant or, as the case may be, the respondent; | ||
(c) state the authority of the deciding body to make the decision, determination or direction from which appeal is made; | ||
(d) state the interest of any respondent and of any other person given notice of the appeal in the decision, determination or direction from which appeal is made; | ||
(e) exhibit: | ||
(i) a copy of any application made to the deciding body; | ||
(ii) save where the appeal is on a point of law only, the evidence and any other material adduced to the deciding body, and copies of all relevant correspondence and documents passing between the appellant and the deciding body; | ||
(iii) any official record and, if relevant, any other record of the proceedings before the deciding body; | ||
(iv) a copy of the decision, determination or direction made or given (as the case may be) by the deciding body; | ||
(f) save where the appeal is on a point of law only, set out the facts or circumstances relevant to the making of the decision, determination or direction from which appeal is made (including any act or omission of the principal respondent complained of) which it is alleged support the granting of the appeal in respect of the decision, determination or direction or of any consequential or additional relief sought, and | ||
(g) set out the basis of the deponent's belief as to the existence of the facts or circumstances referred to in the preceding paragraph. | ||
(2) Subject to any direction the Court may give, copies of documentation exhibited in the grounding affidavit shall be incorporated in a single exhibit, in which event they shall be indexed and numbered sequentially in chronological order. | ||
4.(1) Save where otherwise provided by the relevant enactment, not less than twenty one days' notice of the appeal shall be given. | ||
(2) Each respondent shall be served with the notice of motion and copies of the grounding affidavit and any exhibits thereto. | ||
(3) Copies of the originating notice of motion, grounding affidavit and any exhibits thereto shall be delivered to the deciding body (where the relevant enactment does not provide that the deciding body shall be a respondent to the appeal). | ||
5.(1) Any respondent intending to oppose the appeal shall file in the Central Office a statement setting out concisely the grounds for such opposition and, if any facts are relied on therein, an affidavit verifying such facts, in which event, a copy of such statement and such affidavit (if any) shall be served upon the appellant and upon every other respondent before the return date of the originating notice of motion. | ||
(2) The appellant shall be at liberty to file a further affidavit replying to any matter verified in an affidavit of a respondent, in which event a copy of such affidavit shall be served upon each respondent within fourteen days of the service upon him of the respondent's statement of opposition and verifying affidavit. | ||
(3) In any case where reference is made in an affidavit to a document exhibited previously in an affidavit of any party, the document concerned shall not be further exhibited, but shall be identified by the exhibit reference used in relation to that document in the previous affidavit. | ||
6. An affidavit giving the names and addresses of, and the places and dates of service on, all persons who have been served with, or to whom have been delivered, the notice of motion, and copies of the grounding affidavit and exhibits (if any) shall be filed by the appellant before the motion is heard. If any person who ought under this Order to have been served has not been so served, the affidavit shall state that fact and the reason for it. | ||
7. On the return date of any notice of motion pursuant to this Order concerning an appeal on a point of law only (or on any adjournment of such hearing), the Court shall give such directions and make such orders, including the fixing of time limits, for the conduct of the proceedings as appears convenient for the determination of the proceedings in a manner which is just, expeditious and likely to minimise the costs of those proceedings, which may include: | ||
(a) directions as to the service of notice of the appeal on any other person including mode of service and the time allowed for such service (and may for that purpose adjourn the hearing of the notice of motion or further hearing of same to a date specified); | ||
(b) directions as to the filing and delivery of any further affidavits by any party or parties; | ||
(c) directions as to the furnishing by the parties to the Court and delivery of written submissions. | ||
8.(1) On the return date of any notice of motion pursuant to this Order concerning an appeal other than an appeal on a point of law only (or on any adjournment of such hearing), the Court shall give directions and make orders for the conduct of the proceedings as appear convenient for the determination of the proceedings in a manner which is just, expeditious and likely to minimise the costs of those proceedings, which may include: | ||
(a) directions as to the service of notice of the appeal on any other person including mode of service and the time allowed for such service (and may for that purpose adjourn the hearing of the notice of motion or further hearing of same to a date specified); | ||
(b) directions as to the filing and delivery of any further affidavits by any party or parties; | ||
(c) directions as to the furnishing by the parties to the Court and delivery of written submissions on any issue which arises as to the proper scope of the appeal or as to the matter which ought to be before the Court on the hearing of the appeal, and directions as to the hearing and determination of any such issue; | ||
(d) orders fixing time limits; | ||
(e) a direction that the appeal be determined by way of plenary hearing, where it appears to the Court that the subject matter of the appeal is likely to involve a substantial dispute of fact or it is otherwise necessary or desirable in the interests of justice (and the Court may for that purpose make such orders and give such directions in relation to the exchange of pleadings or points of appeal or reply between the parties); | ||
(f) directions as to discovery; | ||
(g) directions as to the furnishing by the parties to the Court and delivery of written submissions; | ||
(h) directions as to the exchange of memoranda between or among the parties for the purpose of the agreeing by the parties or the fixing by the Court of any issues of fact or law to be determined in the proceedings on the appeal, or orders fixing such issues; | ||
(i) an order for the hearing of the proceedings at the same time as or immediately following another cause or matter pending in the High Court. | ||
(2) On the return date of any notice of motion pursuant to this Order (or on any adjournment from such date), the Court may, where it appears just and proper, make orders for relief of an interlocutory nature, whether in the nature of an injunction or otherwise. | ||
9. Save where the Court otherwise directs, any evidence in proceedings to which this Order relates shall be given on affidavit. | ||
10. Where the Court considers it appropriate having regard to the nature of the proceedings, it may adjourn the proceedings to enable one or more of the parties to make an application pursuant to rule 4(2) of Order 63A to the Judge of the Commercial List for an order entering the appeal as proceedings in the Commercial List.” 2. These rules shall come into operation on 13th February, 2007. 3. Nothing in these Rules shall affect the validity of any step taken or any other thing done in any proceedings on any relevant application or in any proceedings on any appeal referred to in Order 84C, rule 1(2) initiated before the commencement of these Rules. Any such proceedings shall, save where the court in those proceedings otherwise orders, be continued and completed as if these Rules had not been made. 4. These rules shall be construed together with the Rules of the Superior Courts 1986 to 2007 and may be cited as the Rules of the Superior Courts (Statutory Applications and Appeals) 2007. 5. The form following shall be inserted in the Rules of the Superior Courts immediately following Form No. 8 in Appendix A, Part II. | ||
No 9 | ||
| O. 12, r. 2(2A)(a) | THE HIGH COURT | |
In the matter of [state relevant provision of the enactment pursuant to which the application/appeal is made] | ||
Between AB, | ||
Applicant/Appellant | ||
and CD | ||
Respondent | ||
Enter an Appearance for CD, the respondent in this action. | ||
Dated | ||
Signed EF | ||
Solicitor for the defendant | ||
The registered place of business of EF is _____________________ [or CD, the defendant in person] | ||
To: The Registrar of the Central Office. | ||
Take Notice that I have this day entered an appearance at the Central Office, Four Courts, Inns Quay, Dublin 7, for the above respondent to the originating notice of motion in this action. | ||
Dated | ||
Signed | ||
To: | ||
|
EXPLANATORY NOTE | ||
(This does not form part of the instrument and does not purport to be a legal interpretation) | ||
These Rules prescribe procedures to allow for statutory applications and appeals to be made in a more efficient and expeditious manner. |