Courts Act , 1981

1 Interpretation.

1.—(1) In this Act—

“the Act of 1924” means the Courts of Justice Act, 1924;

“the Act of 1936” means the Courts of Justice Act, 1936;

“the Act of 1961” means the Courts (Supplemental Provisions) Act, 1961;

“the Act of 1971” means the Courts Act, 1971.

(2) A reference in this Act to any other enactment shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended or applied by or under any other enactment including this Act.

2 Extension of jurisdiction of Circuit Court.

2.—(1) The Third Schedule to the Act of 1961 is hereby amended—

(a) by the deletion of paragraph (a) in column (3) at reference numbers 18, 20, 21, 22, 24, 25, 26, 27 and 28,

(b) by the substitution of “£15,000” for “£2,000” (inserted by the Act of 1971) in each place in the said column (3) where it occurs,

(c) by the substitution of “£7,500” for “£1,000” (inserted by the Act of 1971) in the said column (3) at reference number 14, and

(d) by the substitution of “£200” for “£100” (inserted by the Act of 1971) in each place in the said column (3) where it occurs.

(2) The Fifth Schedule to the Act of 1961 is hereby amended by the substitution of “£15,000” for “two thousand pounds” (inserted by the Act of 1971) in column (3) opposite the mention in column (2) of the Attorneys' and Solicitors' Act, 1870.

(3) The Act of 1936 is hereby amended—

(a) by the substitution of “£15,000” for “two thousand pounds” (inserted by the Act of 1971) in section 20, and

(b) by the substitution of “£15,000” for “two thousand pounds” (inserted by the Act of 1971) in section 23.

3 Extension of jurisdiction of Circuit Court under Married Women's Status Act, 1957.

3.—Section 12 of the Married Women's Status Act, 1957, is hereby amended by the substitution of the following subsection for subsection (3):

“(3) Where the rateable valuation of the land exceeds £200 and the application is made to the Circuit Court, that Court shall, if a defendant or respondent so requires before the hearing thereof, transfer the proceedings to the High Court, but any order made or act done in the course of such proceedings before such transfer shall be valid unless discharged or varied by order of the High Court.”.

4 Extension of jurisdiction of Circuit Court under Succession Act, 1965.

4.—Section 6 of the Succession Act, 1965, is hereby amended by the substitution of the following subsection for subsection (3):

“(3) Unless the necessary parties to the proceedings in a cause sign, either before or at any time during the hearing, the form of consent prescribed by rules of court, the Circuit Court shall not, by virtue of subsection (2), have jurisdiction where the estate of the deceased person, in so far as it consists of real estate of which, at the time of his death, he was beneficially seised or possessed, exceeds the rateable valuation of £200.”.

5 Jurisdiction of Circuit Court in relation to divorce a mensa et thoro.

5.—There shall be vested in the Circuit Court the jurisdiction specified in section 7 of the Matrimonial Causes and Marriage Law (Ireland) Amendment Act, 1870, in respect of divorce a mensa et thoro.

6 Extension of jurisdiction of District Court.

6.—Section 77 of the Act of 1924 is hereby amended—

(a) by the substitution of the following clauses for clauses (i) to (iii) (inserted by the Act of 1971) of paragraph A:

“(i) in contract, breach of contract, tort (except slander, libel, criminal conversation, seduction, slander of title, malicious prosecution and false imprisonment) and claims for damages unconnected with contract, where the claim does not exceed £2,500:

Provided that the decision of a justice of the District Court in a case in which a question of title to land is in issue shall not operate as an estoppel in or bar to a suit in any court in relation to such land;

(ii) in ejectment for non-payment of rent or overholding in any class of tenancy where the rent does not exceed such sum as amounts or might amount to £2,500 per annum;

(iii) in proceedings at the suit of the State or any State authority (within the meaning of the Courts (Supplemental Provisions) Act, 1961) or any officer thereof to recover any sum not exceeding £2,500 due to or recoverable by or on behalf of the State whether by way of penalty, debt or otherwise, and notwithstanding any enactment now in force requiring such sum to be sued for in the High Court or other superior court;”, and

(b) by the substitution of “£2,500” for “£250” in clause (v) (inserted by /the Act of 1936).

7 Extension of jurisdiction of District Court in interpleader by under-sheriffs.

7.—Section 22 (1) of the Enforcement of Court Orders Act, 1926, is hereby amended by the substitution of “£2,500” for “two hundred and fifty pounds” (inserted by the Act of 1971).

8 Extension of jurisdiction of District Court under Hire-Purchase Acts, 1946 and 1960.

8.—(1) Section 19 of the Hire-Purchase (Amendment) Act, 1960, is hereby amended by the substitution of “£2,500” for “two hundred and fifty pounds” (inserted by the Act of 1971) in subsections (1) and (2).

(2) Section 33 (4) (a) of the Act of 1961 is hereby amended by the substitution of “£2,500” for “two hundred and fifty pounds” (inserted by the Act of 1971).

9 Extension of jurisdiction of District Court under Rent Restrictions Act, 1960.

9.—Section 50 (b) of the Rent Restrictions Act, 1960, is hereby amended by the substitution of “£2,500” for “£315” (inserted by the Act of 1971) in subparagraph (ii).

10 Extension of jurisdiction of District Court in cases of detinue.

10.—Section 33 (3) of the Act of 1961 is hereby amended by the substitution of “£2,500” for “two hundred and fifty pounds” (inserted by the Act of 1971).

11 Extension of jurisdiction of Circuit Court and District Court under Hotel Proprietors Act, 1963.

11.—Section 10 of the Hotel Proprietors Act, 1963, is hereby amended—

(a) by the substitution of “£15,000” for “£2,000” (inserted by the Act of 1971) in subsection (1), and

(b) by the substitution of “£2,500” for “£250” (inserted by the Act of 1971) in subsection (2).

12 Jurisdiction under Family Law (Maintenance of Spouses and Children) Act, 1976.

12.—The Family Law (Maintenance of Spouses and Children) Act, 1976, is hereby amended by the substitution of the following section for section 23:

“23. (1) Subject to subsection (2) of this section, the Circuit Court and the District Court shall have jurisdiction to hear and determine proceedings under sections 5, 6, 7 and 9 of this Act.

(2) (a) The District Court and the Circuit Court, on appeal from the District Court, shall not have jurisdiction to make an order under this Act for the payment of a periodical sum at a rate greater than £100 per week for the support of a spouse or £30 per week for the support of a child.

(b) Subject to paragraph (d) of this subsection, nothing in subsection (1) of this section shall be construed as conferring on the District Court or the Circuit Court jurisdiction to make an order or direction under section 5, 6, 7 or 9 of this Act in any matter in relation to which the High Court has made an order or direction under any of those sections.

(c) Subject to paragraph (d) of this subsection, nothing in subsection (1) of this section shall be construed as conferring on the District Court jurisdiction to make an order or direction under section 5, 6, 7, or 9 of this Act in any matter in relation to which the Circuit Court (except on appeal from the District Court) has made an order or direction under any of those sections.

(d) The District Court and the Circuit Court may vary or revoke an order or direction made by the High Court under section 5, 6, 7 or 9 of this Act before the commencement of section 12 of the Courts Act, 1981, if—

(i) the circumstances to which the order or direction of the High Court related have changed other than by reason of such commencement, and

(ii) in the case of a variation or revocation of such an order or direction by the District Court, the provisions of the order or direction would have been within the jurisdiction of that Court if the said section 12 had been in operation at the time of the making of the order or direction.”.

13 Jurisdiction under Family Home Protection Act, 1976.

13.—Section 10 of the Family Home Protection Act, 1976, is hereby amended—

(a) by the substitution of the following subsection for subsection (4):

“(4) Where the rateable value of the land to which the procedings relate exceeds £200 and the proceedings are brought in the Circuit Court, that Court shall, if a defendant so requires before the hearing thereof, transfer the proceedings to the High Court, but any order made or act done in the course of such proceedings before such transfer shall be valid unless discharged or varied by order of the High Court.”,

and

(b) by the substitution of “£2,500” for “£1,000” in subsection (5).

14 Jurisdiction under Illegitimate Children (Affiliation Orders) Act, 1930.

14.—Section 19 of the Act of 1971 is hereby amended by—

(a) the substitution of the following subsection for subsection (2):

“(2) (a) Subject to subsection (3) of this section, the Circuit Court shall, concurrently with the District Court, have jurisdiction to hear and determine proceedings under the said Illegitimate Children (Affiliation Orders) Act, 1930, and the said Act shall apply with any necessary modifications and adaptations, in relation to any such proceedings in the Circuit Court, or on appeal therefrom in the High Court.

(b) Rules of Court shall provide for the conduct of proceedings in the Circuit Court under the said Act in a summary manner.”, and

(b) the substitution of the following subsection for subsection (3):

“(3) (a) The District Court and the Circuit Court, on appeal from the District Court, shall not have jurisdiction to make an order under the said Act for the payment of a periodical sum exceeding £30 per week for the maintenance and education of a child.

(b) Subject to paragraph (c) of this subsection,

nothing in this section shall be construed as conferring—

(i) on the District Court jurisdiction to make an order under the said Act in any matter in relation to which the High Court or Circuit Court has made an order there-under, or

(ii) on the Circuit Court jurisdiction to make an order under the said Act in any matter in relation to which the High Court has made an order thereunder.

(c) The District Court and the Circuit Court may vary or revoke an order made by the High Court under the said Act before the commencement of section 14 of the Courts Act, 1981, if—

(i) the circumstances to which the order of the High Court related have changed other than by reason of such commencement, and

(ii) in the case of a variation or revocation of such an order by the District Court, the provisions of the order would have been within the jurisdiction of that Court if the said section 14 had been in operation at the time of the making of the order.”.

15 Jurisdiction under Guardianship of Infants Act, 1964.

15.—(1) The Guardianship of Infants Act, 1964, is hereby amended—

(a) by the substitution of the following section for section 5:

“5.—(1) Subject to subsection (2) of this section, the jurisdiction conferred on a court by this Part may be exercised by the Circuit Court or the District Court.

(2) The District Court and the Circuit Court, on appeal from the District Court, shall not have jurisdiction to make an order under this Act for the payment of a periodical sum at a rate greater than £30 per week towards the maintenance of an infant.

(3) The jurisdiction conferred by this Part is in addition to any other jurisdiction to appoint or remove guardians or as to the wardship of infants or the care of infants' estates.”,

(b) by the substitution in section 13 of the following definition for the definition of “the court”:

“‘the court’ means the Circuit Court or the District Court;”, and

(c) by the substitution in section 18 (1) of “Circuit Court” for “court”.

(2) (a) Subject to paragraph (c) of this subsection, nothing in the Guardianship of Infants Act, 1964, as amended by subsection (1) of this section, shall be construed as conferring on the District Court jurisdiction to make an order under Part II or III of that Act in relation to which the High Court or the Circuit Court (except on appeal from the District Court) has made an order under the said Part II or the said Part III.

(b) Subject to paragraph (c) of this subsection, nothing in the Guardianship of Infants Act, 1964, as amended by subsection (1) of this section, shall be construed as conferring on the Circuit Court jurisdiction to make an order under Part II or III of that Act in relation to which the High Court has made an order under the said Part II or the said Part III.

(c) The District Court and the Circuit Court may vary or revoke an order made by the High Court under the said Part II or the said Part III before the commencement of this section if—

(i) the circumstances to which the order of the High Court related have changed other than by reason of such commencement, and

(ii) in the case of a variation or revocation of such an order by the District Court, the provisions of the order would have been within the jurisdiction of that Court if this section had been in operation at the time of the making of the order.

16 Venue in relation to certain jurisdictions of Circuit Court and District Court.

16.—(1) The jurisdiction under the Illegitimate Children (Affiliation Orders) Act, 1930, the Guardianship of Infants Act, 1964, the Family Law (Maintenance of Spouses and Children) Act, 1976, and section 5 of this Act conferred on the Circuit Court shall be exercised by the judge of the circuit where any party to the proceedings ordinarily resides or carries on any profession, business or occupation.

(2) Notwithstanding anything contained in section 79 of the Courts of Justice Act, 1924, and, as respects proceedings under the Illegitimate Children (Affiliation Orders) Act, 1930, section 2 of the latter Act, proceedings under the latter Act, the Guardianship of Infants Act, 1964, and the Family Law (Maintenance of Spouses and Children) Act, 1976, may be brought, heard and determined before and by a justice of the District Court for the time being assigned to the District Court district where any party to the proceedings ordinarily resides or carries on any profession, business or occupation.

17 Limitation on amount of plaintiff's costs in certain proceedings.

17.—(1) In any action of tort or of breach of promise of marriage commenced and heard in the High Court, being an action where the amount of the damages recovered by the plaintiff exceeds £2,500 but does not exceed £7,500, the plaintiff shall not be entitled to recover more costs than whichever of the following amounts is the lesser, that is to say, the amount of such damages or the amount of costs which he would have been entitled to recover if the action had been commenced in the Circuit Court, unless the judge hearing the action grants a special certificate under this section.

(2) In any action for the recovery of a liquidated sum, being an action where the amount recovered by the plaintiff exceeds £2,500 but does not exceed £7,500, the plaintiff shall not be entitled to recover more costs than he would have been entitled to recover if the action had been commenced in the Circuit Court.

(3) In any action for the recovery of a liquidated sum, being an action where the amount recovered by the plaintiff does not exceed £2,500, the plaintiff shall not be entitled to recover more costs than he would have been entitled to recover if the action had been commenced in the District Court.

(4) Where an order is made by a court in favour of the plaintiff or applicant in any proceedings (other than an action specified in subsections (1) to (3) of this section) and the court in which the proceedings were commenced is not the lowest court having jurisdiction to make an order granting the relief (which expression includes in this section damages) the subject of the order, the plaintiff shall not be entitled to recover more costs than he would have been entitled to recover if the proceedings had been commenced in the said lowest court unless the order is made by a judge and the judge grants a special certificate under this section.

(5) Where a judge hears any action referred to in subsection (1) of this section or makes an order of the kind referred to in subsection (4) of this section, he may, on the application of the plaintiff or applicant in the proceedings made immediately upon the determination of the hearing relating to the action or order, grant a special certificate in writing that, in the opinion of such judge, it was reasonable in the interests of justice generally, owing to the exceptional; nature of the proceedings or of any question of law contained therein, that the proceedings should have been commenced in the court in which they were commenced.

(6) It shall not be lawful for rules of court to contain or impose any restriction on the amount of the costs recoverable by any party from any other party in any action or other proceeding, but nothing in this subsection shall prevent the insertion in rules of court of a restriction on the amount of the costs recoverable which is identical with a restriction imposed by this section nor the fixing by rules of court of the amount recoverable by any person as and for the costs and expenses incurred by him in the doing of any specified thing in any particular form of action or other proceeding.

18 Temporary discharge of duties of certain judges.

18.—(1) (a) If, during any period, the Chief Justice is unable owing to illness or for any other reason to transact the business of his office or the office of Chief Justice is vacant, all jurisdictions, powers, authorities and functions for the time being vested in him by virtue of his office, other than the power of determination specified in section 7 (4) of the Courts (Supplemental Provisions) Act, 1961, shall be exercised or performed by the President of the High Court or, if the President of the High Court is unable owing to illness or for any other reason to exercise or perform the said jurisdictions, powers, authorities and functions, or if there is a vacancy in the office of President of the High Court, by the senior ordinary judge of the Supreme Court who is for the time being available.