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15 2002

COURTS AND COURT OFFICERS ACT, 2002

PART 4

Circuit Court and District Court

Extension of jurisdiction of Circuit Court.

13. —Each provision specified in column (3) of Part 1 of Schedule 2 of the enactments specified in the said Part 1 conferring jurisdiction in a civil matter on the Circuit Court is amended by the substitution of “€100,000” for “£30,000” (being the monetary limit for the time being standing specified of the jurisdiction so conferred) in each place where it occurs.

Extension of jurisdiction of District Court.

14. —Each provision specified in column (3) of Part 2 of Schedule 2 of the enactments specified in the said Part 2 conferring jurisdiction in a civil matter on the District Court is amended by the substitution of “€20,000” for “£5,000” (being the monetary limit for the time being standing specified of the jurisdiction so conferred) in each place where it occurs.

Amendment of Third Schedule to Act of 1961.

15. —The Third Schedule to the Act of 1961 is amended in column (3) at reference number 14 by the substitution of “€50,000” for “£15,000” (inserted by section 2(1)(b) of the Act of 1991).

Amendment of section 115 of Finance Act, 1993.

16. Section 115 of the Finance Act, 1993 , is amended by the substitution of “€100,000” for “£15,000”.

Amendment of section 17 of Act of 1981.

17. —Section 17 (inserted by section 14 of the Act of 1991) of the Act of 1981 is amended—

(a) in subsection (2), by the substitution of “€85,000” for “£25,000” and of “€100,000” for “£30,000”, and

(b) in subsection (3), by the substitution of “€20,000” for “£5,000” and of “€50,000” for “£15,000”.

Amendment of section 15(2) of Act of 1991.

18. —Section 15(2) of the Act of 1991 is amended by the substitution of “€20,000” for “£5,000” and of “€40,000” for “£10,000”.

Extension of jurisdiction of Circuit Court and District Court under section 21A of Family Law (Maintenance of Spouses and Children) Act, 1976.

19. —Section 21A (inserted by section 21 of the Status of Children Act, 1987 ) of the Family Law (Maintenance of Spouses and Children) Act, 1976, is amended in subsection (1) by the substitution of “€4,000” for “£1,500” and of “€2,000” for “£750” in each place where it occurs.

Extension of jurisdiction of Circuit Court and District Court under section 23 of Family Law (Maintenance of Spouses and Children) Act, 1976.

20. —Section 23 (inserted by section 12 of the Act of 1981) of the Family Law (Maintenance of Spouses and Children) Act, 1976 , is amended in subsection (2)(a) by—

(a) the substitution of “€500” for “£200” (inserted by section 11 of the Act of 1991), and

(b) the substitution of “€150” for “£60” (inserted by the said section 11).

Extension of jurisdiction of Circuit Court and District Court under Guardianship of Infants Act, 1964.

21. —Section 5 (inserted by section 15(1)(a) of the Act of 1981) of the Guardianship of Infants Act, 1964 , is amended in subsection (2) by the substitution of “€150” for “£60” (inserted by section 12 of the Act of 1991).

Amendment of Second Schedule to Act of 1995.

22. —The Second Schedule to the Act of 1995 is amended—

(a) in paragraph 1—

(i) by the substitution of the following subparagraphs for subparagraph (v):

“(v) A conditional order for the appointment of a receiver by way of equitable execution and, if that appointment is consented to or is uncontested, an order for the appointment of the receiver, and an order for the discharge of a receiver.

(va) A conditional order of garnishee and, if the order is consented to or is uncontested, an order of garnishee.”,

(ii) by the substitution of the following subparagraph for subparagraph (ix):

“(ix) An order on an application for directions as to—

(I) service of a civil bill or other originating document not inter partes, or

(II) any other procedure in an action or matter.”,

(iii) by the substitution of the following subparagraph for subparagraph (xxiv):

“(xxiv) An order to vacate a lis pendens on the application of—

(I) the person on whose application it was registered, or

(II) any person affected by it, on notice to the person on whose application it was registered, where the action to which it relates has been discontinued or determined or a document or pleading has not, for a period of not less than a year before the application to vacate it, been filed in that action by or on behalf of the person on whose application it was registered.”,

(iv) by the substitution of the following subparagraphs for subparagraphs (xxvii), (xxviii) and (xxix):

“(xxvii) An order giving liberty to issue an execution order to replace an execution order that is lost or mislaid.

(xxviia) An order giving liberty to issue an execution order at any time during the period of 12 years from the date of the judgment or order of the Court whose execution is directed or authorised by the execution order.

(xxviib) An order giving liberty to amend the identity of the parties to an execution order in accordance with any amendment made by the Court to the identity of the parties to the judgment or order of the Court whose execution is directed or authorised by the execution order following the death of any party entitled or liable to execution under that order or the assignment of the debt due under that order.

(xxviii) An order for the transfer of proceedings to the High Court or the District Court, including all ancillary orders for the transfer of moneys lodged in the Circuit Court.

(xxix) An order giving liberty to—

(I) serve a third party notice to proceedings on notice to the plaintiff in the proceedings,

(II) join a party as a co-defendant to proceedings on notice to the plaintiff in the proceedings, or

(III) join a party as a co-plaintiff to proceedings on notice to the defendant in the proceedings.”,

and

(v) by the addition of the following subparagraphs:

“(xxx) An order for the recovery of—

(I) a liquidated amount, or

(II) a specific chattel or chattels,

or both in any proceedings in which an appearance has not been entered or a defence has not been delivered.

(xxxi) An order entering judgment in an action for unliquidated damages, together with interest thereon and the costs, charges and expenses of the action, in which an appearance has not been entered or a defence has not been delivered.

(xxxii) An order for the recovery of possession of any land in ejectment proceedings in which an appearance has not been entered or a defence has not been delivered.

(xxxiii) An order for possession of any land within the meaning of section 3 of the Registration of Title Act, 1964 , in proceedings for an application under section 62(7) of that Act in which an appearance has not been entered or a defence has not been delivered.

(xxxiv) An order for the recovery of possession of any land on foot of a legal mortgage or charge in proceedings in which no other relief is claimed and an appearance has not been entered or a defence has not been delivered.

(xxxv) An order that—

(I) A debtor liable under a judgment or order of the Court to pay an amount of money or, where the debtor is a body corporate, an officer, employee or member of the body corporate, and

(II) any other person who a County Registrar considers appropriate,

may be examined orally by the County Registrar to ascertain what (if any) debts are owing to the debtor and what (if any) property or other means the debtor has to satisfy the judgment or order.”,

(b) by the insertion of the following paragraph after paragraph 1:

“1A. In paragraph 1 of this Schedule “execution order” has the meaning it would have if the words “issued by a court” were deleted from the meaning assigned to it by section 2 of the Enforcement of Court Orders Act, 1926.”,

(c) by the substitution of the following paragraph for paragraph 4:

“4. In any case in which a County Registrar may make an order, he or she may—

(a) make any supplementary or ancillary order,

(b) place a stay, subject to such conditions as he or she thinks just, on any order made, or

(c) give any necessary directions.”,

and

(d) by the insertion of the following paragraph after paragraph 9:

“9A. A County Registrar may, at the request of a party to proceedings, enter judgment in the proceedings for the amount that is agreed by the parties thereto and remains unpaid in respect of the costs, charges and expenses of the proceedings.”.

Amendment of section 9 of Court Officers Act, 1945.

23. Section 9 of the Court Officers Act, 1945 , is amended—

(a) in subsection (1) (inserted by section 35 of the Act of 1995), by the substitution of the following paragraph for paragraph (b):

“(b) Notwithstanding paragraph (a) of this subsection, the Courts Service may, whenever it considers it appropriate, require and authorise a County Registrar to perform—

(i) the duties (in addition to his or her own duties) of any other County Registrar during a specified period or until otherwise directed by the Courts Service, or

(ii) any duty or duties (in addition to his or her own duties) of any other County Registrar in a particular case or in particular circumstances.”,

and

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

“(3) Whenever an officer is required under this section to perform the duties, or any duty or duties, of another office, he or she shall, while the requirement remains in force, have all the powers of the holder of that office in respect of the duty or duties concerned as fully as if he or she held that office.”.

Amendment of section 79 of Courts of Justice Act, 1924.

24. —Section 79 (as amended by section 41 of the Act of 1995) of the Courts of Justice Act, 1924, is amended—

(a) in subsection (2), by the insertion of “or no judge stands assigned to a District Court District,” after “a judge for the time being assigned to a District Court District is unavailable,”, and

(b) by the insertion of the following subsection after subsection (2):

“(2A) A judge of the District Court who exercises jurisdiction in a District Court District under subsection (2) of this section may hold a sitting of the District Court in the District Court District at a place or time not standing appointed for the time being for the hearing of cases of summary jurisdiction.”.

Amendment of section 7(6) of Courts Act, 1964.

25. —Section 7(6) of the Courts Act, 1964 , is amended—

(a) in paragraph (a)(iii), by the deletion of “shall be endorsed upon the original document and”,

(b) in paragraph (a)(iv), by the insertion of “, not more than 3 days after service of the document,” after “the time, date and place of posting of the envelope shall”, and

(c) in paragraph (b), by the substitution of “the statutory declaration specified in subparagraph (iii) of paragraph (a) of this subsection shall be lodged therewith and the endorsement specified in subparagraph (iv) of the said paragraph (a) shall be effected on the document before lodgment at that office” for “the endorsement specified in subparagraphs (iii) and (iv) of paragraph (a) of this subsection shall be effected thereon before lodgment at that office”.

Number of ordinary judges of Circuit Court.

26. —The Act of 1995 is amended by the substitution of the following section for section 10 (inserted by section 1 of the Courts Act, 1996 ):

“10.—The number of ordinary judges of the Circuit Court shall not be more than 30.”.

Number of judges of District Court.

27. —(1) The Act of 1995 is amended by the substitution of the following subsection for subsection (1) of section 11:

“(1) The number of judges of the District Court in addition to the President of the District Court shall not be more than 52.”.

(2) The Sixth Schedule to the Act of 1961 is amended in paragraph 2(1) by the substitution of the following clause for clause (b) (inserted by section 20 of the Act of 1991 and amended by section 11(2) of the Act of 1995):

“(b) Where, at the time of the appointment of a person to be a judge of the District Court, there are 14 judges of the District Court not permanently assigned to particular districts, the Government shall assign that person permanently to a particular district.”.