S.I. No. 32/1981 - The Rules of the Superior Courts (No. 1) of 1981.

S.I. No. 32 of 1981.

THE RULES OF THE SUPERIOR COURTS (NO. 1) OF 1981.

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 21st day of May 1980.

Thomas A. Finlay

Brian C. Walsh

Francis Griffin

Herbert R. McWilliam

Patrick J. Lindsay

David R. Pigot

W. B. Allen

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

Dated this 28th day of January 1981.

GERARD COLLINS,

Aire Dli agus Cirt.

RULES OF THE SUPERIOR COURTS (No. 1), 1981

1. In Order 4, Rule 5(2) shall be deleted and the following substituted therefor:—

"5(2). The amount claimed for costs shall be:—

( a ) If the demand does not exceed £250

—Such sum as would be appropriate to a proceeding for a like amount in the District Court.

( b ) If the demand exceeds £250 but does not exceed £2,000

—Such sum as would be appropriate to a proceeding for a like amount in the Circuit Court.

( c ) If the demand exceeds £2,000

— £18.10 with £1.50 for each additional service after the first, and the costs of any order for issue and service, or service of the summons or notice in lieu thereof out of the jurisdiction, or for substituted or other service, or for the substitution of notice for service, or for declaring service effected sufficient, or for notice by advertisement of the issue of the summons, and this amount shall be exclusive of and in addition to all actual and necessary outlay.

2. In Appendix W PART III shall be deleted and the following substituted therefor:—

"COSTS OF JUDGEMENT IN DEFAULT OF APPEARANCE 0.99, r.39

(1) DISTRICT COURT JURISDICTION

If the amount of the judgement does not exceed £250

— Such sum as would be appropriate to a judgement in the District Court for a like amount.

(2) CIRCUIT COURT JURISDICTION

If the amount of the judgement exceeds £250 but does not exceed £2,000

— Such sum as would be appropriate to a judgement for a like amount in the Circuit Court.

(3) HIGH COURT JURISDICTION

If the amount of the judgement exceeds £2,000

— £18.10 and £1.50 for each additional service after the first; and this amount shall in every case be exclusive of and in addition to all actual and necessary outlay."

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. 1), 1981.

EXPLANATORY NOTE.

These Rules, which come into operation on 28 January, 1981, provide for a revised scale of costs in debt and liquidated claim cases settled within six days after the service of a Summary Summons. The Rules also provide for a revised scale of costs in cases of judgement in default of appearance. The Minister for Industry, Commerce and Tourism has, under section 2(2)(a) of the Prices (Amendment) Act, 1972 , consented to the exercise by the rule-making authority (Superior Court Rules Committee with the concurrence of the Minister for Justice) of their statutory powers to regulate the costs dealt with in the Rules.