S.I. No. 209/1987 - District Court (Malicious Injuries) Rules, 1987.

S.I. No. 209 of 1987.

DISTRICT COURT (MALICIOUS INJURIES) RULES, 1987.

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 17 of the Interpretation Act, 1937 (as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 ), and section 34 of the Courts (Supplemental Provisions) Act, 1961 , do hereby, with the concurrence of the Minister for Justice, make the following rules of Court:—

1. These Rules may be cited as the District Court (Malicious Injuries) Rules, 1987.

2. These Rules shall come into operation on the 10th day of August, 1987 and shall be read together with all other District Court Rules for the time being in force.

3. In these Rules—

"the Rules of 1982" means the District Court ( Malicious Injuries Act, 1981 ) Rules, 1982 ( S.I. No. 149 of 1982 ).

4. There shall be inserted in Rule 3 of the Rules of 1982 immediately after the definition of "the Act" the following two definitions:—

"the Act of 1986" means the Malicious Injuries (Amendment) Act, 1986 (No. 27 of 1986); and "the Acts" means the Malicious Injuries Acts 1981 and 1986.

5. Notwithstanding the provisions of the Rules of 1982 and Forms 1 to 10 (inclusive) set out in the schedule to those Rules, Forms 1 to 10 (inclusive) set out in the schedule hereto shall respectively be the appropriate forms of Notice of Application for, and Decree awarding compensation under the Acts for damage or loss caused on or after the 15th day of July, 1986.

SCHEDULE

MALACIOUS INJURIES ACTS, 1981 AND 1986

NOTICE OF APPLICATION FOR COMPENSATION FOR DAMAGE TO PROPERTY

............................................................ ............................................................ ..............................................,

*State nature of damage

(Insert hereunder one of the following recitals, as appropriate)

unlawfully by one or more of a number (exceeding two) of persons riotously assembled together,

(or)

as a result of an act committed maliciously by a person acting on behalf of or in connection with an unlawful organisation,

(or)

as a result of an act committed maliciously by a person acting on behalf of or in connection with an organisation outside the State that engages in, promotes, encourages or advocates the use of violence for purposes related to the conduct or administration of the affairs of the State or Northern Ireland,

and thereby the Applicant, of ............................................................ ............................................................ ....

has suffered the damage,

AND WHEREAS a preliminary notice was served on the  day of  19  , in accordance with the provisions of section 8 of the Malicious Injuries Act, 1981 ,

TAKE NOTICE that an application for compensation for the damage will be made at the sitting of the District Court

to be held at ............................................................ ............................................................ ............................................

To: The Council of the County of

or to the Corporation of the County Borough of

Respondent.

MALICIOUS INJURIES ACTS, 1981 AND 1986

NOTICE OF APPLICATION FOR COMPENSATION FOR DAMAGE TO PROPERTY

(unlawfully taken and removed from the District)

............................................................ . Applicant

......................................................... Respondent

WHEREASon the  day of   19 , property, to wit,    was unlawfully taken at  in the court area and district aforesaid, and was removed from said district and was damaged to the amount of £  as follows:—* ............................................................ ............................................................ .............

*State nature of damage

(insert hereunder one of the following recitals, as appropriate)

unlawfully by one or more of a number (exceeding two) of persons riotously assembled together,

(or)

as a result of an act committed maliciously by a person acting on behalf of or in connection with an unlawful organisation,

(or)

as a result of an act committed maliciously by a person acting on behalf of or in connection with an organisation outside the State that engages in, promotes, encourages or advocates the use of violence for purposes related to the conduct or administration of the affairs of the State or Northern Ireland.

and thereby the Applicant, of ............................................................ ............................................................ ................ has suffered the damage,

AND WHEREAS a preliminary notice was served on the    day of  19 , in accordance with the provisions of section 8 of the Malicious Injuries Act, 1981 ,

TAKE NOTICE that an application for compensation for the damage will be made at the sitting of the District Court to be held at ............................................................ ............................................................ .....................................

To: The Council of the County of

or to the Corporation of the County Borough of

Respondent.

MALICIOUS INJURIES ACTS, 1981 AND 1986

NOTICE OF APPLICATION FOR COMPENSATION FOR DAMAGE TO PROPERTY

(in a harbour or within one mile beyond the coastal boundary or removed therefrom)

*(within the harbour at            )

*(at a place within one mile beyond the coastal boundary of the Respondent's area)

*[having been unlawfully taken, was removed from *(within the harbour at   ) *(a place within one mile beyond the coastal boundary of the Respondent's area) and]

was damaged to the amount of £  as follows:— †

†State nature of damage

............................................................ ............................................................ ..................

(insert hereunder one of the following recitals, as appropriate)

unlawfully by one or more of a number (exceeding two) of persons riotously assembled together,

(or)

as a result of an act committed maliciously by a person acting on behalf of or in connection with an unlawful organisation,

(or)

as a result of an act committed maliciously by a person acting on behalf of or in connection with an organisation outside the State, that engages in, promotes, encourages or advocates the use of violence for purposes related to the conduct or administration of the affairs of the State or Northern Ireland,

and thereby the Applicant of ............................................................ ............................................................ ........... has suffered the damage,

AND WHEREAS a preliminary notice was served on the  day of  19 , in accordance with the provisions of section 8 of the Malicious Injuries Act, 1981 ,

TAKE NOTICE that an application for compensation for the damage will be made at the sitting of the District Court to be held at

............................................................ ............................................................ ............................................................ .........

To: The Council of the County of

or to the Corporation of the County Borough of

Respondent.

MALICIOUS INJURIES ACTS, 1981 AND 1986

NOTICE OF APPLICATION FOR COMPENSATION FOR LOSS OF PROPERTY

(unlawfully taken from a building in the course of a riot)

*Delete words inapplicable

WHEREAS on the   day of   19  , at    in the court area and district aforesaid, *(a building) *(property within the curtilage of a building) was damaged unlawfully by one or more of a number (exceeding two) of persons who were tumultuously and riotously assembled together and, in the course of the riot, property, to wit,

valued £   was unlawfully taken from the building, and such taking, or entry to the building for the purpose of such taking, was facilitated by such damage, and the Applicant, of

............................................................ ............................................................ ............................................................ ....

has suffered the loss of the property taken.

AND WHEREAS a preliminary notice was served on the   day of   19 , in accordance with the provisions of section 8 of the Malicious Injuries Act, 1981 ,

TAKE NOTICE that an application for compensation for the loss will be made at the sitting of the District Court to be held at

............................................................ ............................................................ ......................................................

To: The Council of the County of

or to the Corporation of the County Borough of

Respondent.

MALICIOUS INJURIES ACTS, 1981 AND 1986

NOTICE OF APPLICATION FOR COMPENSATION FOR LOSS OF PROPERTY

(unlawfully taken from a ship in the course of a riot)

WHEREAS on the   day of   19  ,

* (within the harbour at        )

*(at a place within one mile beyond the coastal boundary of the Respondent's area),

*(a ship) *(property on board a ship) was damaged unlawfully by one or more of a number (exceeding two) of persons who were tumultuously and riotously assembled together and, in the course of the riot, property, to wit,

valued £   was unlawfully taken from the ship, and the Applicant, of.................................................

has suffered the loss of the property taken,

*Delete words inapplicable

AND WHEREAS a preliminary notice was served on the  day of   19  , in accordance with the provisions of section 8 of the Malicious Injuries Act, 1981 ,

TAKE NOTICE that an application for compensation for the loss will be made at the sitting of the District Court to be held at

............................................................ ............................................................ ..................

To: The Council of the County of

or to the Corporation of the County Borough of

Respondent.

MALICIOUS INJURIES ACTS, 1981 AND 1986

DECREE FOR COMPENSATION FOR DAMAGE TO PROPERTY

....................................*Third Party

*Delete words inapplicable

THIS APPLICATION for an award of compensation for damage to property coming before the Court this day,

THE COURT, being satisfied

1. that the preliminary notice and the notice of application were duly served,

2. that the Applicant suffered loss by damage on the   day of   19  , to property, to wit,     at    in the court area and district aforesaid.

(insert hereunder one of the following recitals, as appropriate)

caused unlawfully by one or more of a number (exceeding two) of persons riotously assembled together,

(or)

caused as a result of an act committed maliciously by a person acting on behalf of or in connection with an unlawful organisation,

(or)

caused as a result of an act committed maliciously by a person acting on behalf of or in connection with an organisation outside the State that engages in, promotes, encourages or advocates the use of violence for purposes related to the conduct or administration of the affairs of the State or Northern Ireland,

3. that the Applicant is entitled to compensation for the damage,

AWARDS to the Applicant the sum of £   for compensation with £  for costs and £    for witnesses' expenses making together the sum of £   ,

*(AND ORDERS that the same be paid out of the funds of the Respondent/third party)

*(and being satisfied that liability for compensation should be apportioned between the Respondent and the third party as follows:—

the Respondent   % and third party  %

ORDERS that, of the said total sum, the sum of £  be paid out of the funds of the Respondent and the sum of £ out of the funds of the third party),

AND COMMANDS all sheriffs and county registrars to levy the amount of the award, costs, witnesses' expenses, together with interest at the rate of 11% per annum on the †amount of the award (exclusive of costs and witnesses' expenses) from the date hereof, and to take in execution the goods of the Respondent (and third party) to satisfy the said award, costs, witnesses' expenses and interest on award.

†If it exceeds £150

(County Registrar's warrant to be added)

MALICIOUS INJURIES ACTS, 1981 AND 1986

DECREE FOR COMPENSATION FOR DAMAGE TO PROPERTY

(unlawfully taken and removed from the District)

*Delete words inapplicable

THIS APPLICATION for an award of compensation for damage to property coming before the Court this day,

THE COURT, being satisfied

1. that the preliminary notice and the notice of application were duly served,

2. that property, to wit,

unlawfully taken on the    day of   19   , at in the court area and district aforesaid, was removed from the    district,

3. that the Applicant suffered loss by damage to the said property

(insert hereunder one of the following recitals, as appropriate)

caused unlawfully by one or more of a number (exceeding two) of persons riotously assembled together,

(or)

caused as a result of an act committed maliciously by a person acting on behalf of or in connection with an unlawful organisation,

(or)

caused as a result of an act committed maliciously by a person acting on behalf of or in connection with an organisation outside the State that engages in, promotes, encourages or advocates the use of violence for purposes related to the conduct or administration of the affairs of the State or Northern Ireland,

4. that the Applicant is entitled to compensation for the damage,

AWARDS to the Applicant the sum of £  for compensation with £  for costs and £  for witnesses' expenses making together the sum of £

*(AND ORDERS that the same be paid out of the funds of the Respondent/third party)

*(and being satisfied that liability for compensation should be apportioned between the Respondent and the third party as follows:—

ORDERS that, of the said total sum, the sum of £  be paid out of the funds of the Respondent and the sum of £  out of the funds of the third party),

AND COMMANDS all sheriffs and county registrars to levy the amount of the award, costs, witnesses' expenses, together with interest at the rate of 11% per annum on † the amount of the award (exclusive of costs and witnesses' expenses) from the date hereof, and to take in execution the goods of the Respondent (and third party) to satisfy the said award, costs, witnesses' expenses and interest on award.

(County Registrar's warrant to be added)

†If it exceeds £150

MALICIOUS INJURIES ACTS, 1981 AND 1986

DECREE FOR COMPENSATION FOR DAMAGE TO PROPERTY

(in a harbour or within one mile beyond the coastal boundary or removed therefrom)

*Delete words inapplicable

THIS APPLICATION for an award of compensation for damage to property coming before the Court this day,

THE COURT, being satisfied

1. that the preliminary notice and the notice of application were duly served,

2. that the Applicant suffered loss by damage on the day  of  19   , to property, to wit, (*within/unlawfully taken and removed from/the harbour at )

(*at/*unlawfully taken and removed from/a place within one mile beyond the coastal boundary of the Respondent's area)

(insert hereunder one of the following recitals, as appropriate)

caused unlawfully by one or more of a number (exceeding two) of persons riotously assembled together,

(or)

caused as a result of an act committed maliciously by a person acting on behalf of or in connection with an unlawful organisation,

(or)

caused as a result of an act committed maliciously by a person acting on behalf of or in connection with an organisation outside the State that engages in, promotes, encourages or advocates the use of violence for purposes related to the conduct or administration of the affairs of the State or Northern Ireland,

3. that the Applicant is entitled to compensation for the damage,

4. that the Respondent is the local authority for the place on shore nearest the place *where the damage was caused/* from where the property was removed,

5. that the said place on shore is within the court area and district aforesaid,

AWARDS to the Applicant the sum of £  for compensation with £  for costs and £ for witnesses' expenses, making together the sum of £  ,

*(AND ORDERS that the same be paid out of the funds of the Respondent/third party)

*(and being satisfied that liability for compensation should be apportioned between the Respondent and the third party as follows:—

ORDERS that, of the said total sum, the sum of £  be paid out of the funds of the Respondent and the sum of £  out of the funds of the third party).

AND COMMANDS all sheriffs and county registrars to levy the amount of the award, costs, witnesses' expenses, together with interest at the rate of 11% per annum on †the amount of the award (exclusive of costs and witnesses' expenses) from the date hereof, and to take in execution the goods of the Respondent (and third party) to satisfy the said award, costs, witnesses' expenses and interest on award.

†If it exceeds £150

(County Registrar's warrant to be added)

MALICIOUS INJURIES ACTS, 1981 AND 1986

DECREE FOR COMPENSATION FOR LOSS OF PROPERTY

(unlawfully taken from a building in the course of a riot)

*Delete words inapplicable

THIS APPLICATION for an award of compensation for loss of property coming before the Court this day,

THE COURT, being satisfied

1. that the preliminary notice and the notice of application were duly served,

2. that on the  day of  19 , at in the court area and district aforesaid, *(a building) *(property within the curtilage of a building) was damaged unlawfully by one or more of a number (exceeding two) of persons who were tumultuously and riotously assembled together and, in the course of the riot, property, to wit, valued £  was unlawfully taken from the building, and such taking, or entry to the building for the purpose of such taking, was facilitated by such damage.

3. that the Applicant has suffered the loss of the property taken and is entitled to compensation for the loss,

AWARDS to the Applicant the sum of £  for compensation with £ for costs and £ for witnesses' expenses making together the sum of £

*(AND ORDERS that the same be paid out of the funds of the Respondent/third party),

*(and being satisfied that liability for compensation should be apportioned between the Respondent and the third party as follows:—

ORDERS that, of the said total sum, the sum of £  be paid out of the funds of the Respondent and the sum of £  out of the funds of the third party),

AND COMMANDS all sheriffs and county registrars to levy the amount of the award, costs, witnesses' expenses, together with interest at the rate of 11% per annum on †the amount of the award (exclusive of costs and witnesses' expenses) from the date hereof, and to take in execution the goods of the Respondent (and third party) to satisfy the said award, costs, witnesses' expenses and interest on award.

†If it exceeds £150

(County Registrar's warrant to be added)

MALICIOUS INJURIES ACTS, 1981 AND 1986

DECREE FOR COMPENSATION FOR LOSS OF PROPERTY

(unlawfully taken from a ship in the course of a riot)

*Delete words inapplicable

THIS APPLICATION for an award of compensation for loss of property coming before the Court this day,

THE COURT, being satisfied

1. that the preliminary notice and the notice of application were duly served,

2. that on the  day of  19 , *(within the harbour at  ) *(at a place within one mile beyond the coastal boundary of the Respondent's area), *(a ship) *(property on board a ship) was damaged unlawfully by one or more of a number (exceeding two) of persons who were tumultously and riotously assembled together and, in the course of the riot, property to wit, valued £  was unlawfully taken from the ship,

3. that the Applicant has suffered the loss of the property taken and is entitled to compensation for the loss,

4. that the Respondent is the local authority for the place on shore nearest the place where the property was taken,

5. that the said place on shore is within the court area and district aforesaid,

AWARDS to the Applicant the sum of £  for compensation with £  for costs and £  for witnesses' expenses' making together the sum of £ 

*(AND ORDERS that the same be paid out of the funds of the Respondent/third party)

*(and being satisfied that liability for compensation should be apportioned between the Respondent and the third party as follows:—

ORDERS that, of the said total sum, £  the sum of £  be paid out of the funds of the Respondent and the sum of £  out of the funds of the third party)

AND COMMANDS all sheriffs and county registrars to levy the amount of the award, costs, witnesses' expenses, together with interest at the rate of 11% per annum on †the amount of the award (exclusive of costs and witnesses' expenses) from the date hereof, and to take in execution the goods of the Respondent (and third party) to satisfy the said award, costs, witnesses' expenses and interest on award.

†If it exceeds £150

(County Registrar's warrant to be added)

GIVEN THIS 30th day of June 1987.

I concur in the making of the foregoing Rules.

Dated this 30th day of July, 1987.

GERARD COLLINS,

Minister for Justice.

EXPLANATORY NOTE

These Rules, which come into operation on 10 August, 1987, prescribe revised District Court forms of notice of Application for and Decree awarding compensation under the Malicious Injuries Act, 1981 as amended by the Malicious Injuries (Amendment) Act, 1986 in respect of damage or loss caused on or after 15 July 1986.