Courts and Court Officers Act, 1995

Amendment of section 38 of Courts of Justice Act, 1936.

43.Section 38 of the Courts of Justice Act, 1936 , is hereby amended by the insertion of the following subsection:

“(5) (a) Notwithstanding subsection (1) (b) of this section any party to an appeal may at any time apply to the High Court sitting in Dublin or to the High Court on Circuit for an order that the appeal be heard by the High Court sitting in Dublin or in another appeal town in the same circuit.

(b) The application may be made ex parte if it is made on the consent of all parties to the appeal.

(c) On the hearing of the application, the High Court may make such order as the justice of the case requires and the appeal shall be heard in the venue as directed by the High Court.”.