S.I. No. 247/2005 - Rules of the Superior Courts (Section 40, Civil Liability and Courts Act 2004) 2005

STATUTORY INSTRUMENTS

S.I. No. 247 of 2005

Rules of the Superior Courts (Section 40, Civil Liability and Courts Act 2004) 2005

S.I. No. 247 of 2005

Rules of the Superior Courts (section 40, Civil Liability and Courts Act 2004) 2005

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 6th day of April, 2005.

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

Dated this 19 day of May 2005.

_____________________

MICHAEL MCDOWELL

Minister for Justice, Equality and Law Reform

S.I. No. 247 of 2005

Rules of the Superior Courts (Section 40, Civil Liability and Courts Act 2004) 2005

1.       These Rules shall come into operation on the 2nd day of June 2005.

2.       These Rules shall be construed together with the Rules of the Superior Courts 1986 to 2005 and may be cited as the Rules of the Superior Courts (section 40, Civil Liability and Courts Act 2004) 2005.

3.       Order 70A of the Rules of the Superior Courts and the Schedule thereto are hereby amended by:

(i)       the insertion immediately following rule 28 of that Order, of the following:

“Admission to proceedings for the purposes of section 40 of the Civil Liability and Courts Act 2004

29. (1)          A person referred to in section 40(3)(a) of the Civil Liability and Courts Act 2004 intending to attend any proceedings to which a relevant enactment (as defined in section 40(2) of the said Act) relates for the purpose of the preparation and publication of a report of such proceedings in accordance with section 40(3) shall, prior to or at the commencement of the hearing of the proceedings, identify himself or herself to the Court and apply for such directions as the Court may give under section 40(3) of the said Act.

(2)       On any such application, the Court

(a)        if satisfied that the applicant is a person referred to in section 40(3)(a) of the Civil Liability and Courts Act 2004 and that the applicant intends to attend the proceedings for the purpose of the preparation and publication of a report of proceedings to which a relevant enactment relates, and

(b)        having heard any submission made by or on behalf of any party to the proceedings,

may allow the applicant to attend the proceedings subject to such directions as the Court may give in that regard.

(3)        Where a party (in this sub-rule referred to as the “applicant”) wishes to be accompanied in court in any proceedings to which a relevant enactment relates by another person (in this sub-rule referred to as “the other person”) in accordance with section 40(5) of the Civil Liability and Courts Act 2004 , the applicant shall complete Form No. 8 and

(a)      where the other party or parties have agreed to the accompanying of the applicant by the other person, the applicant shall lodge Form No. 8, duly completed, with the Registrar of the Court prior to or at the commencement of the hearing in the proceedings, and shall apply to the Court at that hearing to approve the accompanying of the applicant by the other person and for such directions as the Court may give under section 40(5) of the said Act, or

(b)      where the other party or parties have not agreed to the accompanying of the applicant by the other person, the applicant shall, by motion (to which Form No. 8, duly completed, shall be appended) on notice to the other party or parties returnable not later than seven days prior to the date fixed for the hearing in such proceedings, unless the Court otherwise directs apply to the Court to approve the accompanying of the party by the other person and for such directions as the Court may give under section 40(5) of the said Act.

On any such application, the Court may approve the accompaniment of the applicant at the proceedings by the other person, subject to such directions as the Court may give, or may refuse such approval.

(4)        The Court may, of its own motion or on the application of any party or person vary or modify any directions given under sub-rule (2) or sub-rule (3) during the course of any proceedings.

Disclosure of documents, information or evidence for the purposes of section 40 of the Civil Liability and Courts Act 2004

30.       An application by a party for an order for the disclosure to any third party of documents, information or evidence connected with or arising in the course of proceedings under a relevant enactment (as defined in section 40(2) of the Civil Liability and Courts Act 2004 ) for the purposes set out in section 40(8 of the said Act of 2004 shall be made by motion to the Court on notice to the opposing party or parties, grounded upon an affidavit sworn by or on behalf of the moving party.”, and

(ii)        the insertion, immediately after Form No 7 in the Schedule to that Order, of the following Form.

Form No. 8

O. 70A r. 29

THE HIGH COURT

FAMILY LAW

In the matter of the ______________Act 19____ (as the case may be And in the matter of section 40(5), Civil Liability and Courts Act 2004

Request for Court’s permission to be accompanied by a person at the hearing of proceedings

1. Name of party applying to be accompanied at

hearing ............................................................ ............................................................ ....

...................................*Applicant/Respondent

2. Name and address of person who it is proposed will accompany the

*Applicant/Respondent

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

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

3. Relationship or connection of person referred to in paragraph 2 to *Applicant/Respondent

(e.g. parent, brother/sister/family friend etc

) ............................................................ ...........................................................

4. I * have/*have not previously obtained the permission of the Court to be accompanied in these proceedings. (If permission has previously been granted, give details of the person who was permitted to accompany

you) ............................................................ ............................................................ .........

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

Dated: .......................20......

Signed: ___________

* Applicant/Respondent.

EXPLANATORY NOTE

(This does not form part of the instrument and does not purport to be a legal interpretation)

These Rules regulate the procedure and prescribe the forms to be used in personal injuries actions to which Part 2 of the Civil Liability and Courts Act 2004 , which applies to personal injuries actions as defined in section 2 of the Act, applies.