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The Gazette of the Incorporated Law Society of Ireland.
JANUARY, 1924
Damage to Property Compensation Act, 1923.
The Council submitted to
the County
Court Judges in the month of December a
memorandum in reference to the Schedule
of C^osts contained in the Criminal Injuries
Rules, 1923, in which attention was directed
to
the
inadequacy of
the
remuneration
prescribed by that Schedule, and in particular
to the omission of the fee for preparing the
preliminary notice, and to the very limited
discretion given to the Judges to make a
special order increasing the prescribed costs.
As a result of the consideration
of
this
memorandum, amending rules have been
made by the Lord Chief Justice of Ireland
and the County Court Judges, and these
amending rules, dated the first
day
of
January, 1924, were published in the Dublin
Gazette of llth January, 1924, and are as
set out below.
County Courts (Ireland).
Local Government (Ireland) Act, 1898,
Damage to Property (Compensation) Act,
1923 :
and Damage to Property (Amend
ment) Act, 1923.
RULES OF COURT.
1. In all cases where the amount of com
pensation recovered exceeds £10, there shall
be included in the Schedule of Costs payable
to Applicant's Solicitor the items set out in
the Schedule hereto.
2. The provision as to " Special Orders "
contained in the Schedule to the Criminal
Injuries Rules, 1923,
is hereby revoked,
and in lieu
thereof the power to make
" Special Orders " shall be as set out in the
Schedule hereto.
3. On the hearing of any application for
compensation, where, under Sec. 12 of the
Damage to Property (Compensation) Act,
1923, a Commission or Request has been
applied for to take evidence, the Judge may
allow to or against any party such sum for
costs in respect of the application therefor,
and, if the application be granted, such
sum for costs and expenses of the Commission
or Request (as the case may be) as he may
deem just and reasonable.
4. Form No. 12 in the Schedule to the
" Criminal Injuries Rulesj 1923," omitting
therefrom, and from the title thereof, all
reference to "reopening and rehearing a
former decree " shall be used as the form of
Decree
in other cases
of compensation
for injury to property ;
and said Form No.
12 so amended shall be adapted accordingly,
with or without full or partial reinstatement
conditions, as the nature of the Order may
require.
5. These Amending Rules shall be cited
as the " Criminal Injuries Amending Rules,
1924."
SCHEDULE.
/Where
the amount of
compensation
recovered
I does not
exceed
£50.
| Fifteen Shillings.
For preparing Statutory j
Where
the amount of
Declaration and Prelim- compensation
recovered
inary
Notice
(where', exceeds
£50
but does not
necessary) and advising
thereon.
exceed £100. One pound
Where
the amount of
compensation
exceeds
£100. One pound and
ten shillings.
SPECIAL ORDERS.
In all cases in which Solicitors' charges,
costs, and expenses have not been provided
for, or in which having regard to the work
actually performed or the peculiar difficulty
or complexity of the case, the allowances
in the costs Schedule shall appear to the
Judge to be inadequate, he may, in such
exceptional cases, make a special Order,
allowing such costs, charges, and expenses
as he may think just and reasonable, provided
always that such additional special allowance
shall in no case exceed £20.
ALL communications connected with THE
GAZETTE (other than advertisements) should
be addressed to the Secretary of the Society,
33 Molesworth Street, Dublin.