First Previous (PART IX District Court) Next (FIRST SCHEDULE Enactments Repealed)

31 1995

COURTS AND COURT OFFICERS ACT, 1995

PART X

Miscellaneous

Amendment of section 34 of Courts of Justice Act, 1936.

42. Section 34 of the Courts of Justice Act, 1936 , is hereby amended by the substitution of the following section therefor:

“The High Court on Circuit.

34.—(1) Twice in every year, at such times as shall be determined by the Chief Justice and the President of the High Court, the High Court shall sit in every county and county borough (other than the county of Dublin and the county borough of Dublin) to hear appeals from the Circuit Court and to transact such other business as shall lawfully be brought before it, and for that purpose one or more judges of the High Court shall travel each High Court Circuit and hold sittings of the High Court in such appeal towns where their attendance is required as determined by the President of the High Court.

(2) The High Court when sitting in an appeal town in pursuance of this section shall be known and is in this Act referred to as the High Court on Circuit, and the sittings of the High Court in any such appeal town in pursuance of this section shall be known and are in this Act referred to as sittings of the High Court on Circuit.

(3) The Chief Justice and the President of the High Court shall jointly determine, in respect of each twice-yearly sitting of the High Court on Circuit, the number of judges who shall travel and sit on a High Court Circuit for the purposes of sittings of the High Court on Circuit and the day and hour at which such sittings shall commence in an appeal town on each such Circuit.

(4) Where—

(a) two or more judges are travelling a High Court Circuit for the purpose of holding therein any twice-yearly sittings of the High Court on Circuit, and

(b) the senior of the judges ascertains that there is no business to be transacted at such sittings in any particular appeal town for a county or county borough in that High Court Circuit,

the senior of the judges may direct in writing that it shall not be obligatory to hold such sittings in that appeal town.

(5) Where—

(a) one judge only is travelling a High Court Circuit for the purpose of holding therein any twice-yearly sittings of the High Court on Circuit, and

(b) the judge ascertains that there is no business to be transacted at such sittings in any particular appeal town for a county or county borough in that High Court Circuit,

the judge may direct in writing that it shall not be obligatory to hold such sittings in that appeal town.

(6) A direction under this section may be filed in the Circuit Court Office serving the appeal town to which the direction relates.

(7) The references in sections 35 and 36 of the Courts of Justice Act, 1936 , to ‘half-yearly’ shall be construed as references to ‘twice-yearly’.”.

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.”.

Right of appeal from Central Criminal Court.

44. —An appeal shall not lie to the Supreme Court from a decision of the Central Criminal Court to acquit a person, other than an appeal under section 34 of the Criminal Procedure Act, 1967 .

Further powers of Superior Courts Rules Committee and Circuit Court Rules Committee.

45. —(1) Notwithstanding any enactment or rule of law by virtue of which documents prepared for the purpose of pending or contemplated civil proceedings (or in connection with the obtaining or giving of legal advice) are in certain circumstances privileged from disclosure, the Superior Courts Rules Committee, or the Circuit Court Rules Committee as the case may be, may, with the concurrence of the Minister, make rules—

(a) requiring any party to a High Court or Circuit Court personal injuries action, to disclose to the other party or parties, without the necessity of any application to court by either party to allow such disclosure, by such time or date as may be specified in the rules, the following information, namely—

(i) any report or statement from any expert intended to be called to give evidence of medical or para-medical opinion in relation to an issue in the case;

(ii) any report or statement from any other expert of the evidence intended to be given by that expert in relation to an issue in the case;

(iii) the names and addresses of all witnesses intended to be called to give evidence as to facts in the case;

(iv) a full statement of all items of special damage together with appropriate vouchers, or statements from witnesses by whose evidence such loss would be proved in the action;

(v) a written statement from the Department of Social Welfare showing all payments made to a plaintiff subsequent to an accident or an authorisation from the plaintiff to the defendant to apply for such information; and

(vi) such other relevant information or documentation (as may be provided for by rules of court) so as to facilitate the trial of such personal injuries actions;

(b) providing for the imposition by the High Court, or the Circuit Court as the case may be, of a sanction for non-compliance with a requirement under paragraph (a) of this subsection including termination of an action, prohibition on a party from adducing such evidence as has not been disclosed without leave of the court, and penalties as to award of costs.

(2) Rules of court made for the purposes of this section may make different provisions for different classes of cases.

(3) References in this section to an expert report or to a report of statements from an expert are references to evidence in whatever form or a written report by a person dealing wholly or mainly with matters on which that person is qualified to give expert evidence.

(4) Notwithstanding the rule of law against the admission of hearsay evidence and the privilege attached to documents prepared for the purpose of pending or contemplated civil proceedings the Superior Courts Rules Committee or the Circuit Court Rules Committee may, with the concurrence of the Minister, make rules allowing for the admission in evidence in personal injuries actions in the High Court or the Circuit Court of information, documentation, reports or statements disclosed pursuant to subsection (1) of this section, subject to such conditions and procedures as may be necessary to protect the interests of the parties.

Scales of costs.

46. —(1) Where—

(a) a rules-making authority is requested by the Minister to submit for the concurrence of the Minister rules governing questions of costs including scales of solicitors' costs and counsels' fees, and

(b) either—

(i) the rules-making authority fails to submit such rules within three months of the request, or

(ii) such rules as have been submitted contain scales of either solicitors' costs or counsels' fees or both which are in the opinion of the Minister excessive,

the Minister may by regulation, prescribe appropriate scales of solicitors' costs and counsels' fees.

(2) The consent of the Minister for Enterprise and Employment shall be required under the provisions of the Prices Acts, 1958 to 1972, for the exercise by the Minister of the power of the Minister under subsection (1) of this section.

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

(4) “Rules-making authority” means the Superior Courts Rules Committee, the Circuit Court Rules Committee or the District Court Rules Committee.

Retirement age of judge of Supreme Court and High Court.

47. —(1) Subject to subsections (2) and (3) of this section, the age of retirement of a judge of the Supreme Court and the High Court shall be 70 years.

(2) The age of retirement of a judge of the Supreme Court and the High Court who holds office at the time of the coming into operation of this section shall be 72 years.

(3) The age of retirement shall be 72 years for a person who holds office on or before the coming into operation of this section as a judge of the High Court, the Circuit Court, the District Court, the Court of Justice, the Court of First Instance attached thereto or an Advocate-General of the Court of Justice and who is subsequently appointed to be a judge of the Supreme Court or High Court.

Funds for training and education of judges.

48. —The Minister may, with the consent of the Minister for Finance, provide funds for the training and education of judges.

Court costume.

49. —A barrister or a solicitor when appearing in any court shall not be required to wear a wig of the kind heretofore worn or any other wig of a ceremonial type.

Claims for debts and liquidated sums.

50. —(1) Where, in the case of a claim in the High Court for a debt or a liquidated sum, an application is made for judgement in default of defence, the Master of the High Court may exercise the discretion to award interest conferred on a judge by section 22 of the Courts Act, 1981 .

(2) Where, in the case of a claim in the High Court for a debt or a liquidated sum, an application is made for judgement in default of appearance, the Registrar of the Central Office may exercise the discretion to award interest conferred on a judge by section 22 of the Courts Act, 1981 .

(3) Where, in the case of a claim in the Circuit Court for a debt or a liquidated sum, an application is made for judgement in default of appearance or defence, the County Registrar may exercise the discretion to award interest conferred on a judge by section 22 of the Courts Act, 1981 .

(4) A decision under subsection (1) or subsection (2) of this section may be appealed to a judge of the High Court.

(5) A decision under subsection (3) of this section may be appealed to a judge of the Circuit Court.

Amendment of section 35 of Court Officers Act, 1926.

51. —Section 35 (3) of the Court Officers Act, 1926, is hereby amended by the insertion of the following paragraph after paragraph (a):

“(aa) a barrister of not less than eight years standing who is then actually practising or has previously practised for not less than eight years, or”.

Amendment of section 29 of Charities Act, 1961.

52. Section 29 (as amended by the Charities Act, 1973 ) of the Charities Act, 1961 , is hereby amended by—

(a) the substitution of “£250,000 in value” for “twenty-five thousand pounds in value” in subsection (2) (b);

(b) the substitution of the following subsection for subsection (4):

“(4) Where—

(a) a scheme for the application of a charitable gift has been framed by order of a Court, and

(b) circumstances exist in relation to the scheme, being circumstances whose existence in relation to a charitable gift would enable the property comprised in the gift to be applied cy-pres, and

(c) the charitable gift does not exceed £250,000 in value,

the Board, if they think fit, may, for the application cy-pres of the property comprised in the charitable gift, by order revoke the scheme and frame, in lieu thereof, a new scheme or revoke the scheme in part or otherwise amend the scheme.”; and

(c) the insertion of the following subsections:

“(9) The Minister for Justice may, from time to time make an order varying the monetary amounts specified in subsections (2) and (4) of this section having regard to changes in the value of money generally in the State since the said monetary amounts were first specified.

(10) Every order made under subsection (9) of this section 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 previously done thereunder.”.

Amendment of section 30 of the Judicial Separation and Family Law Reform Act, 1989.

53. Section 30 of the Judicial Separation and Family Law Reform Act, 1989 , is hereby amended by the insertion after “(j) the Status of Children Act, 1987 ,” of “and includes proceedings relating to nullity of marriage”.

Amendment of section 32 of the Judicial Separation and Family Law Reform Act, 1989.

54. Section 32 of the Judicial Separation and Family Law Reform Act, 1989 , is hereby amended by the insertion after “Acts” of “and proceedings” and the section as so amended is set out in the Table to this section.

TABLE

The Circuit Family Court shall sit to hear and determine proceedings instituted under this Act and under the Acts and proceedings referred to in section 30 of this Act in a different place or at different times or on different days from those on which the ordinary sittings of the Circuit Court are held.