The Gazette 1972

CIRCUIT COURT RULES (No. 2) 1972

S.I. No. 189/1972

These Rules, which may b : cited as the Circuit Court

Rules (No. 2) 1972 shall ccme into operation on the 1st

day of September 1972.

Rule 1

Rule 3 of the Circuit Court Rules, 1971 (S.I. No. 41

of 1971), is hereby revoked and the following Rule is

substituted therefor :

(7) Whenever the plaintiff's claim is for a debt or

liquidated claim only, the endorsement, besides stating

the nature of the claim shall state the amount claimed

for debt or in respect of such demand, and for costs,

respectively, and shall further state that, upon payment

of such amount and costs within six days after service,

further proceedings will be stayed. The amount to be so

claimed for costs in all such cases where there has not

been any order for service of the Civil Bill, or notice

thereof, out of the jurisdiction, or for substituted or

other service, or for substitution of notice for service, or

declaring service effected sufficient, or any notice by

advertisement of the issuing of the Civil Bill, shall be

as follows :

If the demand does not exceed

£10

£0.75

If the demand exceeds £10 but

does not exceed £25 ... £1.50

If the demand exceeds £25 but

does not exceed £50 ... £2.15

If the demand exceeds £50 but

does not exceed £250 ... £3.40

Together with such

outlay limited to

stamp duty and

"service fees as

may be appropriate

to proceedings in

the District Court.

If the demand exceeds £250 but

does no; exceed £500 ... 4.50 Together with such

. . .

, ncnn. i

outlay limited to

If the demand exceeds £500 but

a n d

does not exceed £1,000 £6 00

{

S a s

If the demand exceeds £1,000 b u t

m a y

a p p r o p r

t e

does not exceed £1,500 £7.00

If the demand exceeds

£1,500

£8.00 J

to proceedings in

the Circuit Court.

If there are more defendants than one, the above

amounts may be increased by the sum of £0.35 for each

add tional defendant served.

Rule 2

Rule 5 of Order 58 of the Rules of the Circuit Court,

1950 (S.I. No. 179 of 1950), is hereby revoked and the

following Rule is substituted therefor

(5) The award of costs in any case shall include

witnesses expenses unless disallowed in whole or in part

by the Judge. Such expenses shall be measured by the

Judge or where the Judge so directs by the County

Registrar, subject to an appeal to the Court.

In this rule the word "expenses" shall in the case of

an expert witness include his reasonable charges in

respect of all necessary matters preliminary to the

hearing.

BOOK REVIEWS

The Year Book of World Affairs

1971 volume : 8vo, pp. xvi, 343, £5.00

1972 volume : 8vo, pp. vi, 380, £5.25

London Institute of World Affairs and Stevens.

Unlike the companion volume,

Current Legal Problems,

this Yearbook does not deal specifically with legal prob-

lems, but is very comprehensive and universal in its

appeal. The 1971 volume contains philosophical or

scientific treatises on "International Assistance in Psy-

chological Perspective" or on "Space Business". The

only contributions that might be said to contain a legal

element appear to be that of Professor Schwarzen-

berger's "Equality and Discrimination in International

Economic Law". The 1972 volume is more interesting

from a legal point of view, as it contains another inter-

esting contribution from Professor Schwarzenberger—

"Equity in International Law" in which he emphasises

how equitable principles such as good faith and the

principle of sovereign equality have been applied inter-

nationally. There is also a contribution by Mr. Dick-

stein on the topical problem of "International Law and

the Environment". The questions of "Immunity of

Officials associated with permanent United Nations

Establishment" and of "Eastern Ruropean approaches

to public International Law" are also fully explored.

There are also interesting articles on "French Foreign

Policy" and on the "Washington Monetary Agreement".

It will be seen that many international problems have

been treated from various points of view.

A Guide to European Community Law by P. S. R. F.

Mathysen; London, Sweet and Maxwell, 1972; 8vo,

pp. xxiv, 204; paperback; £1.50.

This is a really useful yet comprehensive guide to Euro-

pean Community Law, and the author is not only a

director with the European Commission, who knows the

practical workings of the Community, but is also a

Professor of Law in the University of Nigmegen. Prof.

Mitchell in his preface has rightly stressed that the need

for the uniform and direct application of Community

law springs directly from the economic purposes of the

Community. The learned author first deals with Com-

munity law, its precedence over national law but not

over international law, then the background to the

Treaties establishing the Coal and Steel Community,

and the European Atomic Energy Community, and

finally the European Economic Community itself, whose

objective is at least theoretically stated as "an even

closer union among European people to be achieved by

a harmonious development of economic activities". The

various activities of E.E.C. (agricultural, industrial,

monetary, etc.) are then submitted to a useful analysis.

The powers of the European Parliament, the Council of

Ministers, the European Commissioners and of the

Court of Justice are then fully explored, and there is

a short chapter on the fiscal provisions. Professor Mathy-

sen has succeeded within the compass of 200 pages in

explaining clearly to us the leading features—theoretical

and practical—of Community law. A most useful book.

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