Courts and Court Officers Act, 2002

Interest on costs, charges or expenses of certain judgments, orders or decrees.

30.—(1) Subject to section 23 of the Act of 1981, interest on the amount of the costs, charges or expenses awarded to a party in proceedings in a court to which section 27 of the Debtors (Ireland) Act, 1840 , applies pursuant to a judgment, order or decree of the court shall be payable—

(a) subject to subsection (3), at the rate of 2 per cent per annum from the date of such judgment, order or decree until—

(i) if the amount aforesaid is agreed by the parties to the proceedings, the date of such agreement, or

(ii) in default of agreement—

(I) the date on which a certificate of taxation (which expression includes an interim certificate of taxation) in respect of the amount aforesaid is issued by a taxing master of the High Court or by a county registrar exercising the powers of such a taxing master, as may be appropriate, or

(II) if appropriate, in the case of proceedings in the Circuit Court, the date on which a county registrar measures the amount aforesaid in accordance with rules of court,


(b) at the rate for the time being standing specified in section 26 of the Debtors (Ireland) Act, 1840 , from the appropriate date aforesaid until that amount is paid.

(2) Subsection (1) also applies, where appropriate, to part only of the amount referred to in that subsection, and that subsection shall have effect accordingly.

(3) If the Minister for Justice, Equality and Law Reform is satisfied, having regard to the level of rates of interest generally in the State, that the rate of interest per annum for the time being standing specified in subsection (1)(a) ought to be varied, he or she may make an order varying that rate of interest and the said subsection shall have effect in accordance with the terms of any such order.

(4) An order under subsection (3) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything done previously thereunder.