S.I. No. 310/1991 - District Court (Small Claims Procedure) Rules, 1991.

S.I. No. 310 of 1991.

DISTRICT COURT (SMALL CLAIMS PROCEDURE) RULES, 1991.

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 (Small Claims Procedure) Rules, 1991.

2. These Rules shall come into operation on the 10th day of December, 1991 and shall be read together with all other District Court Rules for the time being in force.

3. In these Rules—

"consumer" means a purchaser of goods or a service of a type ordinarily supplied for private use or consumption where the purchaser does not make the contract in the course of a business and the vendor does make the contract in the course of a business;

"Form" means a form set out in the schedule hereto or such modification thereof as may be appropriate in any particular case;

"small claim" means any civil proceeding instituted by a consumer against the vendor in relation to any goods or service purchased in which the amount of the claim does not exceed the sum of £500 and which is not a claim—

( a ) arising from an agreement under the Hire Purchase Acts, 1946 and 1960, or

( b ) arising from a breach of a leasing arrangement;

"Small Claims Procedure" means the alternative method of commencing and dealing with a civil proceeding in respect of a small claim which is provided by these Rules;

"Small Claims Registrar" means such district court clerk as shall be designated by the Chief Clerk of the Dublin Metropolitan District or of the district court area which includes Cork City or by the Principal Clerk assigned to the district court area of Sligo, as the case may be, to perform the duties and functions of such a registrar under the Small Claims Procedure;

"Summary Judgment Rules" means the District Court (Summary Judgment) Rules, 1963 ( S.I. No. 213 of 1963 ).

4. These Rules shall apply only to civil proceedings being instituted by a consumer within the Dublin Metropolitan District, within the district court area which includes Cork City or within the district court area of Sligo.

5. Subject to the provisions of rule 4 hereof, whenever it is intended to institute civil proceedings in the District Court and the claim to which the proceedings relate is a small claim as defined in these Rules, the claimant may, instead of issuing an ordinary civil process or a civil process for a debt or liquidated money demand, make application to the Small Claims Registrar to have the claim processed through the Small Claims Procedure and the proceedings may then be commenced and dealt with in accordance with the provisions of these Rules.

6. An application to which rule 5 relates shall be in writing in the Form SC 1 and shall be lodged with the Small Claims Registrar at the District Court Office in Dublin, Cork or Sligo, as the case may be, together with a fee of £5.00. The claimant may call to the court office for assistance in completing the form.

7. The Small Claims Registrar shall record particulars of each such claim in a book to be known as the Small Claims Register, shall consider the application and may take such steps as he considers necessary, whether by way of interviewing the claimant or otherwise, to record the full facts of the claim.

8. Where the Small Claims Registrar considers the claim to be inappropriate to the Small Claims Procedure, he shall so inform the claimant and shall refund the fee of £5.00 paid by the claimant. Should such Registrar consider the claim to be appropriate to that Procedure, he shall serve by prepaid registered post a Notice of Claim in the Form SC 2 (containing also Forms SC 3 and SC 4) on the person against whom the claim is made (The respondent) together with a copy of the claim (Form SC 1).

9. If the respondent admits the claim made against him and—

( a ) agrees to pay the amount claimed, or

( b ) consents to judgment being given against him, or

( c ) wishes to pay the amount claimed by instalments,

he shall complete, detach and return the Notice of Acceptance of Liability (Form SC 3) to the Small Claims Registrar within 15 days of the service of the Notice of Claim and copy claim on him. Upon receipt of such Notice the said Registrar shall inform the claimant accordingly.

Where the respondent has agreed to pay the amount claimed, the said Registrar shall, when satisfied that the matter has been settled and that the amount claimed has been discharged, record the settlement in the Small Claims Register.

Where the respondent consents to judgment being given against him, the said Registrar shall proceed to judgment as provided in rule 14 hereof.

Where the respondent wishes to pay the amount claimed by instalments, the said Registrar shall seek the consent of the claimant to the terms proposed by the respondent.

10. If the respondent wishes to dispute the claim or to make a counterclaim, he shall complete, detach and return the Notice of Dispute in the Form SC 4 to the Small Claims Registrar within 15 days of the service of the Notice of Claim and copy claim on him. Where a counterclaim is made the Notice of Dispute shall be accompanied by a fee of £5.00.

11. (1) The Small Claims Registrar shall use his best endeavours to settle the dispute between the parties and in that connection may interview the parties and any other person whom either party would wish him to hear. Where a settlement is reached particulars thereof shall be recorded in the Small Claims Register.

(2) Where the terms of a settlement (including an agreement to pay by instalments) are not complied with, said Registrar may, if requested so to do by the claimant party, proceed to judgment against the other party. In cases other than those where payment by instalments has been agreed to, he shall proceed in accordance with the provisions of rule 14 hereof. Where default is made in the payment of an instalment rule 142 of the District Court Rules, 1948 shall, with any necessary modifications, apply and Form V prescribed therein (suitably amended) may be used in such cases.

(3) Where a decree is issued in a case to which this rule relates the said Registrar shall notify the party against whom it was issued accordingly and particulars of the request for and the issue and notification of such decree shall be recorded in the Small Claims Register.

12. Where the Small Claims Registrar fails to effect a settlement, he shall refer the matter for hearing in the District Court and shall inform the parties of the place, date and time of hearing.

13. The claimant and the respondent shall be liable for their own legal costs and witnesses' expenses (if any) incurred under the Small Claims Procedure.

14. (1) Where the respondent fails to return either the Notice of Acceptance of Liability (Form SC 3) or the Notice of Dispute (Form SC 4) to the Small Claims Registrar within 15 days of the service of the Notice of Claim and copy claim on him and fails to contact the said Registrar within the same period, he shall be held to have admitted the claim.

(2) The said Registrar shall then prepare an affidavit of debt to be sworn by the claimant, a requisition for judgment and a Small Claims Decree and shall proceed to judgment in accordance with the provisions of the Summary Judgement Rules as if the Notice of Claim and the copy claim served under these Rules were a civil process issued and served under the said Summary Judgment Rules. The forms of affidavit and decree provided in those Rules may, with necessary modifications, be used for that purpose.

(3) Where a decree is issued under this rule the said Registrar shall notify the respondent accordingly and particulars of such issue and notification shall be recorded in the Small Claims Register.

15. The provisions of rule 9 of the Summary Judgement Rules (which relates to the review of Judgments) shall, with necessary modifications, apply in the case of a decree obtained under rule 11 or rule 14 hereof and the said rule 9 shall be construed accordingly, save that in any application pursuant to that rule in relation to a decree so obtained the parties shall be liable for their own legal costs and witnesses' expenses (if any).

16. The Court shall not award costs or witnesses' expenses to any party when determining any matter referred to it by a Small Claims Registrar under rule 12 hereof. A decree granted in such a case shall be a Small Claims Decree and the forms of decree at present in use may, with necessary modifications, be used when preparing the order of the Court.

17. The provisions of the Interpretation Act, 1937 shall apply to these Rules.

SCHEDULE

GIVEN this 9th day of September, 1991.

PETER SMITHWICK, Chairman.

JOHN P. CLIFFORD,

GERARD F. GRIFFIN,

P. J. BRENNAN,

SEÁN McMULLIN,

JOHN GARAVAN,

SÉAMUS S. Ó CATHASAIGH.

I concur in the making of the foregoing Rules.

Dated this 6th day of December 1991.

RAY BURKE,

Minister for Justice.

EXPLANATORY NOTE.

These Rules, which come into operation on 10th December, 1991, provide an alternative method of commencing and dealing with a civil proceeding in respect of a small claim, to be known as the Small Claims Procedure. The Rules regulate the practice and procedure of the District Court in relation to the Small Claims Procedure and prescribe the forms to be used in connection with such claim. Under the Rules, a "small claim" is generally defined as one where the amount involved does not exceed £500. The Rules further provide that the Small Claims Procedure shall operate in the Dublin Metropolitan District, the District Court Area of Cork city and the District Court Area of Sligo.