MALICIOUS INJURIES ACT, 1981
‘the Act’ means the Malicious Injuries Act, 1981.
‘County Registrar’ includes any deputy County Registrar and any person appointed to act as such Registrar or deputy, and also when the context permits any person appointed to act as Registrar to the High Court on Circuit.
‘District Court clerk’ includes any person for the time being carrying out the duties of a District Court clerk.
2. (a) In the case of a case stated under the Act by the High Court on Circuit or by a Circuit Court Judge, it shall when signed be lodged with the County Registrar or, in the case of a case stated under the Act by the High Court sitting in Dublin, with the Registrar of such court or, in the case of a case stated by a Justice of the District Court, with the District Court clerk. As soon as the case stated shall have been signed and lodged with such County Registrar or Registrar or District Court clerk, as the case may be, he shall endorse thereon the date of lodgement, the name of the party or parties (if any) who applied for the case to be stated, the name of the party who is to have carriage thereof, and the names and addresses of the solicitors (if any) for the several parties.
(b) Such County Registrar or Registrar or District Court clerk, as the case may be, within 14 days of such lodgement, shall serve by registered post notice of such signing and lodgement on every party who appeared upon the hearing of the appeal or matter in respect of which the case is stated and shall transmit the original of such case stated to the Registrar of the Court of Appeal, who shall, as soon as the necessary papers are in order and ready, set down the same for hearing and it shall come on to be heard according to its order in the list unless the Court of Appeal shall otherwise direct.
3. After service of such notice of signing and lodgement any interested party shall be entitled to obtain, on application to the Registrar of the Court of Appeal, one or more copies of the case stated upon payment of the prescribed fee.
4. The party having carriage of the case stated, shall within 21 days after the service of such notice of signing and lodgement, lodge with the Registrar of the Court of Appeal five copies of the case stated and of the documents (if any) referred to therein.
5. An appeal under section 18(1)(b) or 18(2)(b) of the Act shall be to the High Court sitting in Dublin and shall be by notice of appeal, which shall be served on all parties to the proceedings in course of which the order appealed against was made, within 10 days from the date upon which the order appealed from was pronounced in open court. The notice shall be for the first opportunity after the expiration of 10 days from the date of service. Such notice of appeal shall be in Form No 1 in Appendix I with such modifications as may be necessary.
6. (a) Subject to the right of the court to give such direction in that behalf as it considers appropriate or convenient, evidence on the hearing of an appeal under section 18(1)(b) or 18(2)(b) of the Act shall be by affidavit.
(b) Any affidavit to be used in support of the appeal shall be filed in the Central Office and a copy of any such affidavit shall be served with the notice on all parties to the proceedings in course of which the order appealed from was made. Any affidavit to be used in opposition to the appeal shall be filed in the Central Office within 14 days of the service of the appellant’s affidavit, and the party so filing an affidavit in opposition to the appeal must within such period serve a copy of such affidavit on the appellant.