S.I. No. 161/2019 - Rules of the Superior Courts (Appendix W) 2019, shall come into operation on the 29th day of April 2019


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 23rd April, 2019.

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, the Courts of Justice Act, 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act 1961 , section 48), the Courts (Supplemental Provisions) Act 1961 , and of all other powers enabling us in this behalf, do hereby make the following Rules of Court.

Dated this 14th day of March, 2019.

George Birmingham

Elizabeth Dunne

Michael Peart

Teresa Pilkington

Stuart Gilhooly

Noel Rubotham

John Mahon.

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

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Dated this 16 th day of April, 2019.

CHARLES FLANAGAN

Minister for Justice and Equality

1.—(1) These Rules, which may be cited as the Rules of the Superior Courts (Appendix W) 2019, shall come into operation on the 29 day of April 2019.

(2) These Rules shall apply to -

(a) a taxation of party and party costs where the order for taxation in the proceedings concerned was made on or after the date referred to in sub-paragraph (1) and

(b) a taxation of solicitor and client costs in respect of which instructions in the case have been accepted by the solicitor on or after that date.

(3) Taxations of costs in all cases other than those referred to in sub-paragraph (2) shall be conducted or (as the case may be) continued and completed as if these Rules had not come into operation.

(4) These Rules shall be construed together with the Rules of the Superior Courts.

(5) The Rules of the Superior Courts as amended by these Rules may be cited as the Rules of the Superior Courts 1986 to 2019.

2. Appendix W of the Rules of the Superior Courts is amended by:

(i) the substitution, in Part I, of the word “discretionary” for each of the monetary amounts, or ranges of monetary amounts, specified in the third column of that Part appearing opposite each of the items numbered as follows in that Part:

(a) Items 1 to 5;

(b) Items 7 and 8;

(c) Item 10;

(d) Item 13;

(e) Item 15;

(f) Items 18 to 24;

(g) Item 26;

(h) Items 34 to 37;

(i) Item 52;

(j) Item 58 to 71;

(k) Item 74;

(l) Items 76 to 78; and

(m) Items 80 to 81; and

(ii) the substitution, in Part V, of the word “discretionary” for each of the monetary amounts specified in the third column of that Part.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Rules amend Appendix W of the Rules of the Superior Courts by the substitution of the word “discretionary” for each of the monetary amounts specified in the third column opposite the items in Parts I and V of that Appendix identified in the amending rules.