S.I. No. 283/1983 - Rules of the Superior Courts (No. 2), 1983.

S.I. No. 283 of 1983.

RULES OF THE SUPERIOR COURTS (No. 2), 1983.

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 14th day of July, 1983.

THOMAS F. O'HIGGINS.

THOMAS A. FINLAY.

BRIAN WALSH.

FRANK GRIFFIN.

HERBERT R. McWILLIAM.

MELLA CARROLL.

PATRICK J. LINDSAY.

W. B. ALLEN.

D. R. PIGOT.

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

Dated this 21st day of September, 1983.

MICHAEL NOONAN,

Aire Dlí agus Cirt.

S.I. No. 283 of 1983.

RULES OF THE SUPERIOR COURTS (No. 2), 1983

1. In Order 4, rule 5(2) shall be deleted and the following substituted therefor:—

"5. (2) The amount claimed for costs shall be:—

(a)	If the demand does not exceed £2,500	Such sum as would be appropriate to a proceeding for a like amount in the District Court.
(b)	If the demand exceeds £2,500 but does not exceed £15,000	Such sum as would be appropriate to a proceeding for a like amount in the Circuit Court.
(c)	If the demand exceeds £15,000	£55.00 with £5.00 for each additional service after the first, and the costs of any order for issue and service, or service of the summons or notice in lieu thereof outside the jurisdiction, or thereof outside the jurisdiction, or for substituted or other service, or for the substitution of notice for service, or for declaring service effected sufficient, or for notice by advertisement of the issue of the summons, and this amount shall be exclusive of and in addition to all actual and necessary outlay."

2. In Appendix W, Part III shall be deleted, and the following substituted therefor:—

COSTS OF JUDGMENT IN DEFAULT OF APPEARANCE — 0.99, r. 39

(1)	DISTRICT COURT JURISDICTION
	If the amount of the judgment does not exceed £2,500	Such sum as would be appropriate to a judgment for a like amount in the District Court.
(2)	CIRCUIT COURT JURISDICTION
	If the amount of the judgment exceeds £2,500 but does not exceed £15,000	Such sum as would be appropriate to a judgment for a like amount in the Circuit Court.
(3)	HIGH COURT JURISDICTION
	If the amount of the judgment exceeds £15,000	£95.00 with £5.00 for each additional service after the first: and this amount shall in every case be exclusive of and in addition to all actual and necessary outlay.

3. These Rules shall be construed together with the Rules of the Superior Courts and may be cited as the Rules of the Superior Courts (No. 2), 1983.

EXPLANATORY NOTE.

These Rules, which come into operation on 21 September, 1983, provide for a revised scale of costs in debt and liquidated claim cases settled within six days after the service of a Summary Summons. The Rules also provide for a revised scale of costs in cases of judgment in default of appearance. The Minister for Trade, Commerce and Tourism has, under section 2 (2) (a) of the Prices (Amendment) Act, 1972 , consented to the exercise by the rule-making authority (Superior Court Rules Committee with the concurrence of the Minister for Justice) of their statutory powers to regulate the costs dealt with in the Rules.