S.I. No. 159/1958 - Rules of High Court and Supreme Court. High Court Rules, 1958

S.I. No. 159 of 1958.

RULES OF HIGH COURT AND SUPREME COURT. HIGH COURT RULES, 1958

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 , and Section 68 of the Courts of Justice Act, 1936 , and of all other powers enabling us in this behalf, do hereby make the annexed Rules of Court.

Dated this 17th day of July, 1958.

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

Dated this 17th day of July, 1958.

Oscar Traynor,

Aire Dlí agus Cirt.

1. These Rules may be referred to as the High Court Rules, 1958, and shall be read with the existing Rules of the High Court and Supreme Court and be deemed to be incorporated therewith, but shall, so far as inconsistent therewith, amend or alter the said Rules.

2. In actions to recover a debt or liquidated demand in money arising upon a Hire-Purchase Agreement or Credit-Sale Agreement (as defined by the Hire-Purchase Act, 1946 ) or any contract of guarantee relating to such an Agreement—

(a) the Special Indorsement of Claim on a Summary Summons shall state, in addition to any other particulars, that the requirements specified in Section 3 or Section 4 (as the case may be) of the Hire-Purchase Act, 1946 , have been complied with ;

(b) In case of default of appearance of any Defendant, no Judgment by default shall be entered for any debt or liquidated demand under Rule 4 of Order VII of the Rules of the High Court and Supreme Court, 1926 (as amended by Order of the Minister for Justice of the 14th April,1927) until an Affidavit shall have been filed specifying that the foregoing requirements have been complied with.

3. Order II (which relates to Appeals under Part IV of the Courts of Justice Act, 1936 ) of the Rules of the High Court and Supreme Court made on the 11th October, 1937, as amended by the High Court (Appeals from Circuit Court) Rules, 1954, shall be further amended as follows :—

(a) In Rule 11, the words ", in the case of an Appeal to the High Court sitting in Dublin, by one of the Taxing Masters of the High Court, and, in the case of any other Appeal," (which occur in the first sentence of the said Rule) and the words " the Taxing Master or " and " (as the case may be) " (which occur in the last sentence thereof) shall be deleted.

(b) The following new Rule shall be inserted in the said Order II immediately after Rule 13 :

" 14. Every Judgment or Order of the High Court on Circuit and of the High Court sitting in Dublin may (unless the Court shall otherwise direct) be enforced by Execution Order issued by the Circuit Court in accordance with the Rules of the Circuit Court for the time being in force as if it were a Judgment or Order of the Circuit Court."

4. The following new Rule shall be inserted in Order XII of the Rules of the High Court and Supreme Court, 1926, immediately after Rule 2 :

" 3. A Defendant shall not be entitled to an Order for security for costs solely on the ground that the Plaintiff resides in Northern Ireland."

5. (a) In proceedings to which this Rule applies, the Pleadings may be delivered or amended in the Long Vacation and Rules 4 & 5 of Order LXIV of the Rules of the Supreme Court (Ireland), 1905, shall be modified accordingly.

(b) This Rule shall apply to proceedings in respect of which any party shall deliver or shall have delivered to the other party or parties a Certificate of his Solicitor that he intends to apply to the Vacation Judge for an Order for the trial of such proceedings at the next succeeding sittings of the High Court elsewhere than in Dublin.

(c) A copy of such Certificate shall, within two days after the same shall have been so delivered, be left with and filed by the proper Officer in the Central Office.

EXPLANATORY NOTE

This Instrument contains the High Court Rules, 1958. Rule 2 provides for the procedure in certain actions under the Hire-Purchase Act, 1946 . Rule 3 deals with appeals to the High Court from the Circuit Court and provides for a uniform practice throughout the country in the case of taxation of costs and the issue of execution orders. Rule 4 provides that residence of a plaintiff in Northern Ireland shall not of itself entitle a defendant to security for costs. Rule 5 is consequential on the recent decision to alter the months in which the High Court goes on Circuit from March and July to March and October and is designed to facilitate the setting down of original High Court actions for hearing outside Dublin.