S.I. No. 392/1998 - Rules of the Superior Courts (No. 7) (Appeals From The Hepatitis C Compensation Tribunal), 1998

S.I. No. 392 of 1998.

RULES OF THE SUPERIOR COURTS (NO. 7) (APPEALS FROM THE HEPATITIS C COMPENSATION TRIBUNAL), 1998

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 23rd day of July, 1998.

Frederick Morris

Ronan Keane

Kevin Lynch

Richard Johnson

Gordon Holmes

Eamon Marray

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

Dated this 14th day of October, 1998.

JOHN O'DONOGHUE

Aire Dlí agus Cirt

Comhionannais agus Athchóirithe Dlí

S.I. No. 392 of 1998

RULES OF THE SUPERIOR COURTS (No. 7)(APPEALS FROM THE HEPATITIS C COMPENSATION TRIBUNAL), 1998

1. The following shall be inserted as Order 105A of the Rules of the Superior Courts immediately after Order 105 thereof:

"ORDER 105A

APPEALS FROM THE HEPATITIS C COMPENSATION TRIBUNAL

1. An appeal to the High Court under section 5 (15) or under section 5 (16) of the Hepatitis C Compensation Tribunal Act, 1997 ("the Act") shall be brought by way of originating notice of motion.

2. (1) Where an appeal against an award is brought by a claimant, such notice of motion shall be issued within one month from the date of receiving notice of the making of the award or within such greater period as may be prescribed by the Minister.

(2) Where an appeal against a decision of the Tribunal is brought (other than an award) such notice of motion shall be issued within one month from the date of the decision.

(3) Where an appeal is brought by a claimant, the Minister may cross-appeal within one month of the date of service of the notice of motion upon the Minister. Such cross-appeal shall be taken by way of a notice of motion. An appeal by any party shall put the matter appealed against fully in issue and a notice of cross-appeal shall not be required on that issue by any other party.

(4) Where an appeal is brought under section 5 (16) of the Act by the Minister or a relevant agency, such appeal shall be brought within one month of the date of the making of the award of aggravated or exemplary damages.

(5) Any appeal brought by a person pursuant to section 6 (3) (e) of the Act shall be brought by originating notice of motion within six months from the date of the commencement of these rules or within such further period as may be permitted by the Court under Order 122.

3. (1) Any notice of motion appealing any award or other decision or cross-appealing an appeal brought by a claimant shall be served by pre-paid ordinary post.

(2) Where an appeal is brought by a claimant or by a person who is appealing an award under section 6 (3) (e) it shall be served upon the Minister and also upon any relevant agency, where appropriate. The Minister and such relevant agency (if any) shall be the respondent(s) in the appeal.

(3) Where an appeal is brought by the Minister or by a relevant agency it shall be served upon the claimant and upon the Minister if he is not bringing the appeal or upon the relevant agency if it is not bringing the appeal, as appropriate.

(4) In every appeal the person bringing the appeal shall serve a copy of the appeal on the Tribunal.

4. (1) There must be at least ten days between service of the notice of motion and the date specified therein for the hearing of the motion.

(2) Every notice of motion bringing an appeal shall be grounded upon the affidavit of the appellant, and on such other affidavit or affidavits as appears appropriate and every cross-appeal by the Minister shall be grounded upon such affidavit or affidavits as may be filed on the Minister's behalf. Any respondent to an appeal may file an affidavit in reply thereto within 28 days of receipt of such notice of appeal or within such further time as the Court may allow.

(3) In every appeal brought by a claimant or by a person appealing an award under section 6(3)(e), such affidavit shall:

(a) exhibit the application made to the Tribunal or to the non-statutory scheme Tribunal, as the case may be;

(b) exhibit the written, medical or other relevant written expert evidence adduced;

(c) exhibit any other relevant material adduced on behalf of such claimant or person;

(d) exhibit such written record (if any) of the proceedings and determination made by the Tribunal or non-statutory scheme Tribunal, as the case may be;

(e) exhibit a copy of the relevant award or decision of the Tribunal or the award of the non-statutory scheme Tribunal, as the case may be;

(g) exhibit the waiver of any right of action required by section 5(18) of the Act and/or any notice of discontinuance of proceedings already instituted;

(h) state concisely the grounds upon which the appeal has been brought;

(i) specify where the claimant or person appealing an award under section 6 (3) (e) is requesting that the appeal be heard otherwise than in public.

(4) Where a cross-appeal is brought by the Minister, it shall be verified by affidavit which shall set out concisely the grounds of any such appeal and shall exhibit the relevant material relating to such cross-appeal. The appellant may file a replying affidavit within 28 days of the receipt of notice of such cross-appeal.

(5) Where an appeal is brought by the Minister or a relevant agency in respect of an award of aggravated or exemplary damages, such appeal shall be verified by affidavit which shall set out concisely the grounds of appeal and shall exhibit all relevant material relating to such appeal.

(6) Where such appeal is brought by the Minister or the relevant agency under section 5(16) of the Act the claimant may, within twenty eight days of the receipt of such appeal, file an affidavit or affidavits in reply thereto and the claimant may, either in any such affidavit or by letter in writing or at the hearing of such appeal request that such appeal be heard in public.

5. An appeal or cross-appeal brought pursuant to the Act shall be heard and determined upon affidavit provided that oral evidence may be given to the Court by a claimant or his or her medical practitioner or expert or both or by any other person with the leave of the Court. In relation to any appeal or appeals concerning a joint award made by the Tribunal to a claimant and to his or her spouse, such appeal shall be heard on a joint basis.

6. Any person desiring to seek leave of the Court for an appeal pursuant to section 5(19) of the Act shall, within twenty one days from the date of the decision of the Court, give notice to any other party of the specified question of law in respect of which leave is sought.

7. The provisions of Order 22 rule 10(10) shall apply mutatis mutandis to an application pursuant to section 5(13) of the Act for the approval of the Court, which approval shall be sought by lodging all necessary papers within one month of the notification of the making of the award.

8. The provisions of Rules 1 to 7 shall apply to any Appeals which are in existence at the date of the commencement of these Rules to such extent as the President of the High Court in his discretion may direct."

2. This rule shall come into operation on the 23rd day of October, 1998.

3. This rule shall be construed together with the Rules of the Superior Courts, 1986 to 1998 and may be cited as the Rules of the Superior Courts (No. 7) (Appeals from the Hepatitis C Compensation Tribunal), 1998.

EXPLANATORY NOTE

These Rules which come into operation on 23rd October, 1998, prescribe procedures in relation to appeals against decisions (including awards) of the Hepatitis C Compensation Tribunal pursuant to the Hepatitis C Compensation Tribunal Act, 1997 .