S.I. No. 149/1982 - District Court (Malicious Injuries Act, 1981) Rules, 1982

S.I. No. 149 of 1982.

DISTRICT COURT (MALICIOUS INJURIES ACT, 1981) RULES, 1982

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act, 1924 , section 72 of the Courts of Justice Act, 1936 , and section 17 of the Interpretation Act, 1937 (as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 ), and section 34 of the Courts (Supplemental Provisions) Act, 1961 , do hereby, with the concurrence of the Minister for Justice, make the following Rules of Court:—

1.

2.

3.

"the Act" means the Malicious Injuries Act, 1981 (No. 9 of 1981);

"Form" means a form set out in the Schedule of Forms, or such modification thereof as may be suitable;

"Ratepayer" means any ratepayer of a local authority which is a party to any proceedings for compensation under the Act;

"the Principal Rules" means the District Court Rules, 1948 (S.R. & O. 1947. No. 431);

"third party" means a local authority notified under section 10(1) of the Act.

4.

In the Dublin Metropolitan District however, the original and copy of every notice of application intended for service shall be lodged with the district court clerk for insertion of the return date thereon.

5.

6.

7.

8.

Where liability for compensation is apportioned between two or more local authorities, the costs, and expenses if any, awarded to the applicant shall be similarly apportioned.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

SCHEDULE OF FORMS

General heading to be used on all forms:—

AN CHÚIRT DÚICHE [image omitted] THE DISTRICT COURT

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Rule 4	Rule 4	Form 1
MALICIOUS INJURIES ACT, 1981	MALICIOUS INJURIES ACT, 1981	MALICIOUS INJURIES ACT, 1981
NOTICE OF APPLICATION FOR COMPENSATION FOR MALICIOUS DAMAGE TO PROPERTY	NOTICE OF APPLICATION FOR COMPENSATION FOR MALICIOUS DAMAGE TO PROPERTY	NOTICE OF APPLICATION FOR COMPENSATION FOR MALICIOUS DAMAGE TO PROPERTY
District Court Area of	District No.	District No.
	Applicant Respondent	Applicant Respondent
WHEREAS on the day of 19 ,	WHEREAS on the day of 19 ,	WHEREAS on the day of 19 ,
at in the court area and district aforesaid, property, to wit,	at in the court area and district aforesaid, property, to wit,	at in the court area and district aforesaid, property, to wit,
was maliciously damaged to the amount of £ , as follows:—+	was maliciously damaged to the amount of £ , as follows:—+	was maliciously damaged to the amount of £ , as follows:—+
+Nature of damage	+Nature of damage	+Nature of damage
and thereby the applicant of has suffered loss,	and thereby the applicant of has suffered loss,	and thereby the applicant of has suffered loss,

AND WHEREAS a preliminary notice was served on the day of 19 , in accordance with the provisions of section 8 of the Act,

TAKE NOTICE that application for compensation for the loss will be made at the sitting of the District Court to be held at

on the day of 19 , at .m.

Dated this day of 19 ,
Signed
Applicant or Solicitor for the applicant
To the Council of the County of
the Coropration of the County Borough of
Respondent

Rule 4	Rule 4	Rule 4	Form 2
MALICIOUS INJURIES ACT, 1981	MALICIOUS INJURIES ACT, 1981	MALICIOUS INJURIES ACT, 1981	MALICIOUS INJURIES ACT, 1981
NOTICE OF APPLICATION FOR COMPENSATION FOR MALICIOUS DAMAGE TO PROPERTY UNLAWFULLY TAKEN AND REMOVED FROM THE DISTRICT	NOTICE OF APPLICATION FOR COMPENSATION FOR MALICIOUS DAMAGE TO PROPERTY UNLAWFULLY TAKEN AND REMOVED FROM THE DISTRICT	NOTICE OF APPLICATION FOR COMPENSATION FOR MALICIOUS DAMAGE TO PROPERTY UNLAWFULLY TAKEN AND REMOVED FROM THE DISTRICT	NOTICE OF APPLICATION FOR COMPENSATION FOR MALICIOUS DAMAGE TO PROPERTY UNLAWFULLY TAKEN AND REMOVED FROM THE DISTRICT
District Court Area of	District Court Area of	District No.	District No.
	Applicant Respondent	Applicant Respondent	Applicant Respondent

WHEREAS on the day of 19 , property, to wit, was unlawfully taken at in the court area and district aforesaid and removed from said district, and same was maliciously damaged to the amount of £ as follows:—

+

+Nature of damage

and thereby the applicant of

has suffered loss,

AND WHEREAS a preliminary notice was served on the day of 19 , in accordance with the provisions of section 8 of the Act,

TAKE NOTICE that application for compensation for the loss will be made at the sitting of the District Court to be held at on the day of 19 , at .m.

Dated this day of 19 ,
Signed
Applicant or Solicitor for the applicant

To the Council of the County of
the Corporation of the County Borough of
Respondent	Respondent
---	---
Rule 4	Form 3
MALICIOUS INJURIES ACT, 1981	MALICIOUS INJURIES ACT, 1981
NOTICE OF APPLICATION FOR COMPENSATION FOR MALICIOUS DAMAGE TO PROPERTY	NOTICE OF APPLICATION FOR COMPENSATION FOR MALICIOUS DAMAGE TO PROPERTY
(in a harbour or within one mile beyond the coastal boundary or removed therefrom)	(in a harbour or within one mile beyond the coastal boundary or removed therefrom)
District Court Area of	District No.
	Applicant
	Respondent

WHEREAS on the day of 19 ,

property to wit,

*(within the harbour at )

*(at a place within one mile beyond the coastal boundary of the respondent's area)

[having been unlawfully taken, was removed from * (within the harbour at )(a place within one mile beyond the coastal boundary of the respondent's area and]

was maliciously damaged to the amount of £ as follows:—

*Delete words inapplicable

+

+Nature of damage

whereby the applicant of

has suffered loss,

AND WHEREAS a preliminary notice was served on the day of 19 , in accordance with the provisions of section 8 of the Act,

TAKE NOTICE that application for compensation for the loss will be made at the sitting of the District Court to be held at on the day of 19 , at .m.

Dated this day of 19 ,	Dated this day of 19 ,	Dated this day of 19 ,
		Signed
		Applicant or Solicitor for the applicant
To	the Council of the County of	the Council of the County of
	the Corporation of the County Borough of	the Corporation of the County Borough of
	Respondent	Respondent
---	---
Rule 4	Form 4
MALICIOUS INJURIES ACT, 1981	MALICIOUS INJURIES ACT, 1981
NOTICE OF APPLICATION FOR COMPENSATION FOR LOSS OF PROPERTY UNLAWFULLY TAKEN FROM A BUILDING IN THE COURSE OF A RIOT	NOTICE OF APPLICATION FOR COMPENSATION FOR LOSS OF PROPERTY UNLAWFULLY TAKEN FROM A BUILDING IN THE COURSE OF A RIOT
District Court Area of	District No.
	Applicant
	Respondent

WHEREAS on the day of 19 ,

at in court area and district aforesaid, (a building ) (property within the curtilage of a building) was maliciously damaged to an amount exceeding £100 in the course of a riot,

*Delete words inapplicable

AND WHEREAS in the course of the riot property, to wit, valued £ was unlawfully taken from the building and the applicant of has suffered the loss thereof,

AND WHEREAS a preliminary notice was served on the day of 19 , in accordance with the provisions of section 8 of the Act,

TAKE NOTICE that an application for compensation for the loss will be made at the sitting of the District Court to be held at on the day of 19 , at .m.

Dated this day of 19 ,	Dated this day of 19 ,
Signed	Signed
Applicant or Solicitor for the applicant	Applicant or Solicitor for the applicant
To	the Council of the County of
	the Corporation of the County Borough of
	Respondent
---	---
Rule 4	Form 5
MALICIOUS INJURIES ACT, 1981	MALICIOUS INJURIES ACT, 1981
NOTICE OF APPLICATION FOR COMPENSATION FOR LOSS OF PROPERTY UNLAWFULLY TAKEN FROM A SHIP IN THE COURSE OF A RIOT	NOTICE OF APPLICATION FOR COMPENSATION FOR LOSS OF PROPERTY UNLAWFULLY TAKEN FROM A SHIP IN THE COURSE OF A RIOT
District Court Area of	District No.
	Applicant
	Respondent

WHEREAS on the day of 19 ,

*(within the harbour at )

*(at a place within one mile beyond the coastal boundary of the respondent's area) a ship was maliciously damaged to an amount exceeding £100 in the course of a riot,

*Delete words inapplicable

AND WHEREAS in the course of the riot property, to wit, valued £ was unlawfully taken from the ship and the applicant of

has suffered the loss thereof,

AND WHEREAS a preliminary notice was served on the day of 19 , in accordance with the provisions of section 8 of the Act,

TAKE NOTICE that an application for compensation for the loss will be made at the sitting of the District Court to be held at on the day of 19 ,at .m.

Dated this day of 19 ,	Dated this day of 19 ,
Signed	Signed
Applicant or Solicitor for the applicant	Applicant or Solicitor for the applicant
To	the Council of the County of
	the Corporation of the County Borough of
	Respondent
---	---
Rule 6	Form 6
MALICIOUS INJURIES ACT, 1981	MALICIOUS INJURIES ACT, 1981
DECREE FOR COMPENSATION FOR MALICIOUS DAMAGE TO PROPERTY	DECREE FOR COMPENSATION FOR MALICIOUS DAMAGE TO PROPERTY
District Court Area of	District No.
	Applicant
of
	Respondent
	*Third Party

*Delete words inapplicable

THIS APPLICATION for an award of compensation for malicious damage to property coming before the Court this day

WHEREUPON THE COURT, being satisfied that

AWARDS to the applicant the sum of £ for compensation with £ for costs and £ for witnesses' expenses, making together the sum of £ , * (AND ORDERS that same be paid out of the funds of the respondent/third party)

*(and being satisfied that liability for compensation should be apportioned between the respondent and the third party as follows:—

the respondent % and the third party %

ORDERS that of the said total sum £ be paid out of the funds of the respondent and £ out of the funds of the third party).

AND COMMANDS all sheriffs and county registrars to levy the amount of the award, costs, witnesses' expenses, together with interest at the rate of 11% per annum on the amount of the †award (exclusive of costs and witnesses' expenses) from the date hereof, and to take in execution the goods of the respondent (and third party) to satisfy the said award, costs, witnesses' expenses and interest on award.

†If it exceeds £150

Dated this day of 19 ,
Signed
Justice of the District Court
(County Registrar's warrant to be added)

Rule 6	Form 7
MALICIOUS INJURIES ACT, 1981	MALICIOUS INJURIES ACT, 1981
DECREE FOR COMPENSATION FOR MALICIOUS DAMAGE TO PROPERTY UNLAWFULLY TAKEN AND REMOVED FROM THE DISTRICT	DECREE FOR COMPENSATION FOR MALICIOUS DAMAGE TO PROPERTY UNLAWFULLY TAKEN AND REMOVED FROM THE DISTRICT
District Court Area of	District No.
	Applicant
of
	Respondent
	*Third Party

*Delete words inapplicable

THIS APPLICATION for an award of compensation for malicious damage to property coming before the Court this day,

WHEREUPON THE COURT, being satisfied that

1. the preliminary notice and notice of the application were served	1. the preliminary notice and notice of the application were served	1. the preliminary notice and notice of the application were served
2. property, to wit,	2. property, to wit,	2. property, to wit,
	unlawfully taken on the	day of
	19 , at in the court area and district aforesaid was removed from the district	19 , at in the court area and district aforesaid was removed from the district
3. the applicant by malicious damage to the property suffered loss,	3. the applicant by malicious damage to the property suffered loss,	3. the applicant by malicious damage to the property suffered loss,

AWARDS to the applicant the sum of £ for compensation with £ for costs and £ for witnesses' expenses, making together the sum of £

*(AND ORDERS that same be paid out of the funds of the respondent/third party)

*(and being satisfied that liability for compensation should be apportioned between the respondent and the third party as follows:—

*Delete words inapplicable

the respondent % and the third party %

ORDERS that of the said total sum £ be paid out of the funds of the respondent and £ out of the funds of the third party)

AND COMMANDS all sheriffs and county registrars to levy the amount of †the award, costs, witnesses' expenses, together with interest at the rate of 11% per annum on the amount of the award (exclusive of costs and witnesses' expenses) from the date hereof, and to take in execution the goods of the respondent (and third party) to satisfy the said award, costs, witnesses' expenses and interest on award.

†If it exceeds £150

Dated this day of 19 ,
Signed
Justice of the District Court
(County Registrar's warrant to be added)

Rule 6	Form 8
MALICIOUS INJURIES ACT, 1981	MALICIOUS INJURIES ACT, 1981
DECREE FOR COMPENSATION FOR MALICIOUS DAMAGE TO PROPERTY	DECREE FOR COMPENSATION FOR MALICIOUS DAMAGE TO PROPERTY
(in a harbour or within one mile beyond the coastal boundary or removed therefrom)	(in a harbour or within one mile beyond the coastal boundary or removed therefrom)
District Court Area of	District No.
	Applicant
of
	Respondent
	*Third party

*Delete words inapplicable

THIS APPLICATION for an award of compensation for malicious damage to property coming before the Court this day,

WHEREUPON THE COURT, being satisfied that

within/ unlawfully taken and removed from/the harbour at

at/ unlawfully taken and removed from/a place within one mile beyond the coastal boundary of the respondent's area,

AWARDS to the applicant the sum of £ for compensation with £ for costs and £ for witnesses' expenses, making together the sum of £

*(AND ORDERS that same be paid out of the funds of the respondent/third party)

*(and being satisfied that liability for compensation should be apportioned between the respondent and the third party as follows:—

the respondent % and the third party %

ORDERS that of the said total sum £ be paid out of the funds of the respondent and £ out of the funds of the third party).

AND COMMANDS all sheriffs and county registrars to levy the amount of †the award, costs, witnesses' expenses, together with interest at the rate of 11% per annum on the amount of †the award (exclusive of costs and witnesses' expenses) from the date hereof, and to take in execution the goods of the respondent (and third party) to satisfy the said award, costs, witnesses' expenses and interest on award.

†IF it exceeds £150

Dated this day of 19 ,
Signed
Justice of the District Court
(County Registrar's warrant to be added)

Rule 6	Form 9
MALICIOUS INJURIES ACT, 1981	MALICIOUS INJURIES ACT, 1981
DECREE FOR COMPENSATION FOR LOSS OF PROPERTY UNLAWFULLY TAKEN FROM A BUILDING IN THE COURSE OF A RIOT	DECREE FOR COMPENSATION FOR LOSS OF PROPERTY UNLAWFULLY TAKEN FROM A BUILDING IN THE COURSE OF A RIOT
District Court Area of	District No.
	Applicant
of
	Respondent
	*Third Party

*Delete words inapplicable

THIS APPLICATION for an award of compensation for the loss of property coming before the Court this day

WHEREUPON THE COURT, being satisfied that

was in the course of the riot unlawfully taken from the building

AWARDS to the applicant the sum of £ for compensation with £ for costs and £ for witnesses' expenses, making together the sum of £

*(AND ORDERS that same be paid out of the funds of the respondent/third party),

*(and being satisfied that liability for compensation should be apportioned between the respondent and third party as follows:—

the respondent % and the third party %

ORDERS that of the said total sum £ be paid out of the funds of the respondent and £ out of the funds of the third party),

AND COMMANDS all sheriffs and county registrars to levy the amount of the award, costs, witnesses' expenses, together with interest at the rate of 11% per annum on the amount of†the award (exclusive of costs and witnesses' expenses) from the date hereof, and to take in execution the goods of the respondent (and third party) to satisfy the said award, costs, witnesses' expenses and interest on award.

†If it exceeds£150

Dated this day of 19 ,
Signed
Justice of the District Court.
(County Registrar's warrant to be added)

Rule 6	Form 10
MALICIOUS INJURIES ACT, 1981	MALICIOUS INJURIES ACT, 1981
DECREE FOR COMPENSATION FOR LOSS OF PROPERTY UNLAWFULLY TAKEN FROM A SHIP IN THE COURSE OF A RIOT	DECREE FOR COMPENSATION FOR LOSS OF PROPERTY UNLAWFULLY TAKEN FROM A SHIP IN THE COURSE OF A RIOT
District Court Area of	District No.
	Applicant
of
	Respondent
	*Third Party

*Delete words inapplicable

THIS APPLICATION for an award of compensation for loss of property coming before the Court this day

WHEREUPON THE COURT, being satisfied that

AWARDS to the applicant the sum of £ for compensation with £ for costs and £ for witnesses' expenses, making together the sum of £

*(AND ORDERS that same be paid out of the funds of the respondent/third party)

*(and being satisfied that liability for compensation should be apportioned between the respondent and the third party as follows:—

*Delete words inapplicable

the respondent % and the third party %

ORDERS that of the said total sum £ be paid out of the funds of the respondent and £ out of the funds of the third party)

AND COMMANDS all sheriffs and county registrars to levy the amount of the award, costs, witnesses' expenses, together with interest at the rate of 11% per annum on the amount of†the award (exclusive of costs and witnesses' expenses) from the date hereof, and to take in execution the goods of the respondent (and third party) to satisfy the said award, costs, witnesses' expenses and interest on award.

†If it exceeds £150

Dated this day of 19 ,
Signed
Justice of the District Court
(County Registrar's warrant to be added)

Rule 6	Form 11
MALICIOUS INJURIES ACT, 1981 ORDER REFUSING COMPENSATION	MALICIOUS INJURIES ACT, 1981 ORDER REFUSING COMPENSATION
District Court Area of	District No.
	Applicant
of
	Respondent
	*Third Party

*Delete words inapplicable

THIS APPLICATION for an award of compensation coming before the Court this day

WHEREUPON the Court, having considered the same and not being satisfied that the applicant is entitled to compensation, orders that the application be and the same is hereby refused and that the applicant do pay to the respondent the sum of £ for costs and £ for witnesses expenses, making together the sum of £

*(and to the third party the sum of £ for costs and £ for witnesses' expenses, making together the sum of £ )

AND COMMANDS all sheriffs and county registrars to levy the amount of the costs and witnesses' expenses and to take in execution the goods of the applicant to satisfy the said costs and expenses.

Dated this day of 19 ,
Signed
Justice of the District Court.
(County Registrar's warrant to be added)

Rule 11	Rule 11	Form 12
MALICIOUS INJURIES ACT, 1981 section 18 (2) (a)	MALICIOUS INJURIES ACT, 1981 section 18 (2) (a)	MALICIOUS INJURIES ACT, 1981 section 18 (2) (a)
NOTICE OF APPLICATION TO STATE A CASE	NOTICE OF APPLICATION TO STATE A CASE	NOTICE OF APPLICATION TO STATE A CASE
District Court Area of	District No.	District No.
	Applicant	Applicant
	Respondent	Respondent
	Third Party	Third Party

TAKE NOTICE that

of

the above-named applicant/respondent/third party/a ratepayer who appeared and was heard in the above mentioned proceedings/being dissatisfied with your determination of the above proceedings on the day of 19 , as being erroneous on a point of law, hereby applies to you to state and sign a case setting forth the facts and the grounds of the determination for the opinion thereon of the Supreme Court.

Dated this day of 19 ,
Signed
Applicant/Respondent/Third Party/Ratepayer/or Solicitor

To the Justice of the District Court

assigned to the said District

Rule 12	Form 13
MALICIOUS INJURIES ACT, 1981 section 18	MALICIOUS INJURIES ACT, 1981 section 18
CERTIFICATE OF REFUSAL TO STATE A CASE	CERTIFICATE OF REFUSAL TO STATE A CASE
District Court Area of	District No.
	Applicant
	Respondent
	Third Party

IT IS HEREBY CERTIFIED that a request/an application was made to

the Court by

of

the above-named applicant/respondent/third party/

a ratepayer who appeared and was heard in the above-mentioned proceedings/

to state a case in this matter, and that the said request/application was refused.

Dated this day of 19 ,
Signed
Justice of the District Court

Rule 14	Form 14
MALICIOUS INJURIES ACT, 1981 section 18	MALICIOUS INJURIES ACT, 1981 section 18
NOTICE BY CLERK THAT A CASE STATED HAS BEEN PREPARED AND SIGNED	NOTICE BY CLERK THAT A CASE STATED HAS BEEN PREPARED AND SIGNED
District Court Area of	District No.
	Applicant
	Respondent
	Third party

TAKE NOTICE that the Case Stated for the opinion of the Supreme Court herein has been prepared and signed and that a copy thereof may be inspected at this office.

Dated this day of 19 ,
Signed
District Court Clerk, District Court Office,

To	of	Applicant
To	of	Respondent
To	of	Third Party
To	of	Ratepayer

SCHEDULE OF COSTS

Solicitors' costs, where awarded under the Malicious Injuries Act, 1981 to a respondent or to or against a ratepayer.

Amount of compensation claimed	Costs
Exceeding £100 and not exceeding £200	£8
Exceeding £200 and not exceeding £600	£47
Exceeding £600 and not exceeding £1,100	£73
Exceeding £1,100 and not exceeding £2,500	£123

The above costs shall be exclusive of and in addition to all actual and necessary outlay.

Counsel's fees, where awarded under the Malicious Injuries Act, 1981 to a respondent or to or against a ratepayer.

To counsel when the amount of compensation claimed

(i) does not exceed £250 ... ... ... ...	£25
(ii) exceeds £250 but does not exceed £1,000 ... ...	£35
(iii) exceeds £1,000 but does not exceed £2,500 ... ...	£45

A fee for counsel may not be included in an award of costs under the Act unless the court certifies that, in its opinion, the employment of such counsel was necessary for the attainment of justice or for enforcing or defending the rights of the party concerned, and no additional fee shall be allowed to counsel as between party and party for any other work, including preliminary advice, consultation and advice on proofs.

Given this 29th day of April, 1982.

	T. F. Donnelly, Chairman
	M. Cyril Maguire
	William A. Tormey
	John P. Clifford
	J. J. O'Sullivan
	Thelma King
	Sean McMullin
	Seamus S. O'Cathasaigh

I concur in the making of the foregoing Rules.

Dated this 19th day of May, 1982.

SEAN DOHERTY

Minister for Justice

EXPLANATORY NOTE

These Rules prescribe District Court procedures in respect of applications for compensation under the Malicious Injuries Act, 1981 and set out the scale of solicitors' costs and fees of counsel applicable in the District Court under the Act other than the costs of an application for compensation which are payable by a local authority. 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 (the District Court Rules Committee with the concurrence of the Minister for Justice) of their statutory powers to regulate the costs and fees dealt with in the Rules.