S.I. No. 249/2005 - Rules of the Superior Courts (Tenders Between Defendants) 2005

STATUTORY INSTRUMENTS

S.I. No. 249 of 2005

Rules of the Superior Courts (Tenders between Defendants) 2005

S.I. No. 249 of 2005

Rules of the Superior Courts (Tenders Between Defendants) 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.

__________________

MICHAEL MCDOWELL

Minister for Justice, Equality and Law Reform

S.I. No. 249 of 2005

RULES OF THE SUPERIOR COURTS (TENDERS BETWEEN DEFENDANTS) 2005

1.       The Rules of the Superior Courts are hereby amended by the insertion immediately following rule 14 of Order 22 thereof, of the following:

“15. (1)      Where —

(a) any issue arises in proceedings as to the apportionment of liability between defendants, whether in one or other of the circumstances set forth in rule 12 of Order 16, or on the pleadings as between such defendants, and

(b) one or more of such defendants is a qualified party within the meaning of rule 14,

such defendant, or such defendants acting together (in this sub-rule referred to as the “offeror”), may, having served a notice pursuant to rule 12 of Order 16 where that rule so permits, make to any other defendant or defendants (in this sub-rule referred to as the “offeree”), at any time prior to the trial of the issue of apportionment of liability between the offeror and offeree, an offer in writing (in this sub-rule referred to as a “tender between defendants”) to pay a specified amount of the total damages for which the defendants may be liable to the plaintiff. An offer made under this sub rule by more than one defendant shall operate as an offer made jointly by those defendants.

(2) Where a tender between defendants is accepted, and judgment in the proceedings is entered against the offeror and offeree, the offeror shall become liable on the conclusion of the proceedings to account to the offeree for the payment to the plaintiff of the specified amount of the total damages mentioned in the preceding sub-rule.

(3) Where judgment in the proceedings is entered against the offeror and offeree, and the offeree has not accepted a tender between defendants, and the amount of the total damages awarded to the plaintiff which the offeror is liable to pay does not exceed the amount specified in the tender between defendants, then, unless the Judge at the trial of the issue of apportionment of liability between the defendants concerned shall, for special cause shown and mentioned in the order, otherwise direct, the offeree shall be liable to the offeror in respect of the costs of the issue of apportionment incurred after the date of the tender between defendants.

(4) Any party or qualified party shall have liberty to apply to the Court in relation to any tender between defendants or any matter relating thereto and the court may make such order or give such directions thereon as shall appear just and proper.”

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

3.         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 (Tenders Between Defendants 2005.

EXPLANATORY NOTE

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

The purpose of these rules is to permit, as between defendants, the facility of making a tender of a specified amount of the total damages to which the defendants may be liable to the plaintiff.