S.I. No. 496/2020 - District Court (Order 36) Rules 2020

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 6th November, 2020.

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act 1924 , section 72 of the Courts of Justice Act 1936 , section 34 of the Courts (Supplemental Provisions) Act 1961 , section 24 of the Interpretation Act 2005 , and of all other powers enabling them in this behalf, do hereby, with the concurrence of the Minister for Justice and Equality, make the following rules of court.

Dated this 29th day of September 2020.

I concur in the making of the following rules of court.

Dated this 30 day of October 2020.

HELEN MCENTEE

Minister for Justice and Equality

1. (1) These Rules, which shall come into operation on the 10^th day of November 2020, may be cited as the District Court (Order 36) Rules 2020.

(2) These Rules shall be construed together with the District Court Rules 1997 ( S.I. No. 93 of 1997 ) and all other District Court Rules.

(3) The District Court Rules as amended by these Rules may be cited as the District Court Rules 1997 to 2020.

2. The District Court Rules 1997 ( S.I. No. 93 of 1997 ) are amended:

(i) by the substitution for rule 1 of Order 36 of the following rule:

“1. Where the Court makes an order in any case of summary jurisdiction (including an order to “strike out” for want of jurisdiction) it may make an order in accordance with law ordering any party to the proceedings to pay to the other party such costs and witnesses’ expenses as it shall think fit to award.”

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These rules amend Order 36 rule 1 arising from the judgment in DPP v McGrath [2019] IECA 320.