Civil Liability and Courts Act 2004
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Interest on costs, charges or expenses of certain judgments, orders or decrees. |
41.—(1) Section 30 of the Act of 2002 is amended by the substitution of the following subsection for subsection (1): | |
“(1) Subject to section 23 of the Act of 1981, interest on the amount of 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— | ||
(a) not be payable 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, | ||
and | ||
(b) be payable 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(2) Subsections (3) and (4) of section 30 of the Act of 2002 are repealed. | ||
(3) The amendments to section 30 of the Act of 2002 effected by this section apply to— | ||
(a) actions brought on or after the commencement of this section, and | ||
(b) actions pending on the date of such commencement. |