The Gazette 1981

GAZETTE

APRIL 1981

HIGH COURT SUMMONS — SIX DAY COSTS

COLLAPSE OF THE LIST The problems of efficient planning and co-ordination of the list of jury actions has been raised again, at a recent meeting between the Dublin Solicitors' Bar Association and the President of the High Court, Mr. Justice Finlay. The President and Mr. Justice Hamilton are both very concerned that the management of the list is becoming more and more difficult and more and more frustrating to the practitioner, the judiciary and, last and by no means least, to the witness. For some time, a practice rule was followed (and reasonably well observed) that if a solicitor realised that a case already listed was not, in fact, ready to go to hearing, an application should be made to the Court on the Thursday prior to the week in which the case was listed, to have the case taken out of the list and re-entered at some later date. Regrettably, the rule is now being honoured more in its breach than its observance, with the result that lists are collapsing; on a recent Tuesday, only one jury action went to hearing, all the others having either been settled or not ready for hearing. The President has considered the possible remedy of listing more cases for each day, but appreciates that this must inevitably result in a number of listed cases not being reached on the day of listing. This would entail solicitors and their clients and witnesses hanging about the Four Courts, perhaps for days, waiting for their case to be heard. Quite apart from the waste of increasingly expensive professional time, our clients and their witnesses deserve more courteous treatment and the image of the legal system can only suffer increasing damage from such apparently haphazard administration. For the time being, in the hope that improvement may be generated from within the profession, the Dublin Solicitors' Bar Association is merely passing on the President's urgent plea that as soon as solicitors become aware that a listed case will not be ready to be heard on the day fixed, they apply at once to have the case withdrawn from the list; this will enable another case to be listed and avoid the all- too-frequent collapses of the list at present taking place. PUBLIC DANCE LICENCES The Senior Administrative Officer of the Community- Environment Section of Dublin County Council has suggested that practitioners be informed that notices of application for public dance licences in respect of premises in the administrative area of Dublin County Council should be forwarded to Mr. D. O'Sullivan, Principal Officer, Development-Environment Depart- ment, Dublin County Council, 46/49 Upper O'Connell Street, Dublin 1. It is pointed out that in accordance with the Public Dance Halls Act, 1935, the Local Authority must be given at least one month's notice in writing of the appli- cation for the granting of a public dancing licence. This is a mandatory provision.

The Superior Courts Rules Committee has made orders amending the costs payable in debt and liquidated claim cases either settled within six days after service of the summons or where judgment is obtained in default of appearance. The new rules (S.I. No. 32 of 1981) are: . Order 4, Rule 5 (2) shall be deleted and the following substituted therefor: The amount claimed for costs shall be: (a) If the demand does not Such sum as would be exceed £250: appropriate to a proceed- ing for a like amount in the j (b) If the demand exceeds Such sum as would be £250 but does not appropriate to a proceed- exceed £2,000: ing for a like amount in the Circuit Court. (c) If the demand exceeds £18.10 with £1.50 for £2,000: each additional service after the first, and the costs of any order for issue and service, or service of the summons or notice in lieu thereof out of the jurisdic- tion, or for substituted or other service or for the substitution of notice for service, or for declaring service effected sufficient, or for notice by advertise- ment of the issue of the summons, and this amount shall be exclusive of and in addition to all actual and necessary outlay. Appendix W, Part III, shall be deleted and the following substituted therefor: (1) District Court Jurisdiction If the amount of the Such sum as would be judgment does not appropriate to a judgment exceed £250: in the District Court for a like amount. (2) Circuit Court Jurisdiction If the amount of the Such sum as would be judgment exceeds appropriate to a judgment £250 but does not for a like amount in the exceed £2,000: Circuit Court. (3) High Court Jurisdiction If the amount of the £18.10 and £1.50 for each judgment exceeds additional service after the £2,000: first; and this amount shall ; District Court.

in every case be exclusive of and in addition to all actual and necessary outlay.

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