S.I. No. 38/1971 - Rules of the Superior Courts (No. 2), 1970

S.I. No. 38 of 1971.

RULES OF THE SUPERIOR COURTS (No. 2), 1970

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 4th day of December, 1970.

Cearbhall Ó Dálaigh

Aindreas Ó Caoimh

Brian Walsh

John Kenny

John O'Leary

Weldon Parke

Frank Martin

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

Dated this 5th day of February, 1971.

DESMOND O'MALLEY,

Aire Dlí agus Cirt.

RULES OF THE SUPERIOR COURTS (No. 2), 1970.

1. Order 99 rule 37 (8) shall be deleted and the following substituted therefor:—

"(8) Such reasonable charges and expenses as appear to have been properly incurred in procuring evidence, and the attendance of witnesses, are to be allowed. In respect of any witness, or a group of witnesses travelling together, the Taxing Master may allow by way of travelling expenses the actual cost of transport by a hired motor car, or for the use by a witness of his private motor car at such rate per mile as to the Taxing Master shall seem reasonable, when it is demonstrated to him that such hire or use did not exceed the cost of travel by available transport or otherwise resulted in a saving to the party chargeable. The reasonable expenses and allowances of witnesses to attend a consultation or conference properly held prior to the trial shall be chargeable on taxation as between party and party."

2. In Appendix W, Part III shall be deleted.

3. These Rules shall be construed together with the Rules of the Superior Courts and may be cited as the Rules of the Superior Courts (No. 2), 1970.

EXPLANATORY NOTE.

These Rules delete rule 37 (8), Order 99, and Part III, Appendix W, of the Rules of the Superior Courts, 1962 ( S.I. No. 72 of 1962 ), which relate to the allowance of fees and expenses of witnesses on party and party taxation, and replace them by a new rule 37 (8).