Circuit Court Rules

ORDER 52

MALICIOUS INJURIES

Rule 1 - Malicious Injuries Act, 1981

1. In this Order, ‘the Act’ means the Malicious Injuries Act, 1981, (No 9 of 1981).

‘Local Authority’ has the meaning assigned to it by section 2 of the Act.

2. All applications shall be brought by originating motion on notice in accordance with the Form 33A in the Schedule of Forms or such modification thereof as may be appropriate. Every motion issued under this Order shall name as defendant the Local Authority upon which the preliminary notice under section 8 of the Act has been served and shall be dated and bear the name, address and description of the plaintiff and shall be signed by his solicitor, if any, or if none, by himself. The application shall be commenced in the county in which the Local Authority against which an award of compensation is sought and upon which the preliminary notice has been served is established.

3. Every motion issued under this Order and every notice under section 10 of the Act shall be served upon the County Manager or City Manager of the Local Authority to be served.

[SI 132/09]

4. This rule shall not apply to the Dublin circuit. Every motion issued under this Order shall state the date of commencement of the sittings at which it is intended that the motion shall be listed for hearing, and a copy thereof, with the endorsement of Service thereof shall be filed at the office by the plaintiff not later than 10 days before the commencement of such sittings.

5. This rule shall apply only to the Dublin circuit. Every motion shall state the date on which it is intended that the application shall be listed for hearing and a copy thereof, with the endorsement of service thereof, shall be filed by the plaintiff at the office not later than 10 days before such date.

6. Every notice under section 10 of the Act shall set out the grounds to be relied upon for a request to the court that any compensation awarded should be paid wholly or partly out of the funds of the notice party. There shall be attached to and served with every notice under section 10 a copy of the preliminary notice which has been served upon the Local Authority.

7. Any Local Authority which intends to seek a reduction or exclusion of compensation pursuant to the provisions of subsection (1) or subsection (3) of section 12 of the Act shall give to the applicant seven days’ notice of its intention to rely upon the same and such notice shall indicate the provision or provisions intended to be relied upon and shall give such particulars in relation thereto as shall adequately inform the applicant of the nature of the case which the Local Authority intends to make under the said section. In the case of non-compliance with this rule the Judge may adjourn the application or deal otherwise with the matter as to him shall seem meet.

8. Non-compliance with these Rules shall not render any Proceedings void unless the court shall so direct.

9. The powers of the court shall include power to extend the time for, set aside either wholly or in part, amend or otherwise deal with in such manner and on such terms as the court shall deem meet, any act or proceedings under this Act or under this Order.

10. Every application under section 19(4) of the Act shall be instituted by originating motion on notice in accordance with Form 33B in the Schedule of Forms, or such modification thereof as may be appropriate.

[SI 132/09]

11. The County Registrar shall keep a book, to be called the Malicious Injuries Book, in which he shall enter each motion issued under this Order for compensation for malicious injury in the order in which it shall be received by him, and shall set out therein the ruling of the court in each case.

12. Every decree for compensation, or refusal to award compensation, shall state whether it is made with or without costs, and in case it is made with costs, the exact sum payable for costs (including witnesses’ expenses) shall be inserted therein. Such decree or refusal shall be in accordance with Forms 33C or 33D of the Schedule of Forms as may be appropriate.

13. The court shall have power to award costs and to measure the same, or alternatively to direct the same to be taxed by the County Registrar, except insofar as the same are provided for by Regulations made under section 15 subsection (2) of the Act. Such taxation shall be in accordance with such scale as may be prescribed. Any party aggrieved by such taxation may appeal to the court to have the costs reviewed by it. Witness expenses shall be dealt with in accordance with Order 66, rule 5.

Rule 2 - Criminal injuries to the person

1. An application for compensation for criminal injuries under section 106 of the Grand Jury (Ireland) Act, 1836, as amended by section 5 of the Local Government (Ireland) Act, 1898, shall be made in the county where the injury was committed in accordance with Form 34B of the Schedule of Forms annexed hereto.

2. In cases where the criminal injury has caused the death of a person, the application shall be made by his legal personal representative provided that the preliminary notice hereinafter required may be served by or on behalf of some one or more of his next of kin.

3. Within 14 days from the commission of a criminal injury, the applicant, or someone acting on his behalf, shall in all cases cause a preliminary notice of his intention to apply to the court for compensation to be served on the County Secretary or Town Clerk of the Local Authority for the area where the injury was committed and upon the Member in Charge of the Garda Síochána Station for the place where such injury was committed. Such preliminary notice shall give full particulars of the time and place when and where such injury was committed and shall be in accordance with Form 34A of the Schedule of Forms annexed hereto, or such modification thereof as may be appropriate.

4. The costs, as between party and party shall be measured by the court or shall be referred to the County Registrar for taxation according to such scales as may be prescribed. Any party aggrieved by such taxation may appeal to the court to have the costs reviewed by it. Witness expenses shall be dealt with in accordance with Order 66, rule 5 of these Rules.

5. Save as is hereinbefore provided, the provisions of Order 52, except rules 6, 7 and 10 thereof, shall apply, mutatis mutandis, to applications for compensation for criminal injury to the person as they apply to applications for compensation for malicious injury.

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