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GAZETTE
P R A C T I C E
N O T E S
AUGUST/SEPTEMBER 1994
S.I. No. 67 of 1994 Land Act
1965 (Additional Category
of Qualified Person)
Regulations 1994
For the purpose of the definition of a
"qualified person" in section 45 of the
Land Act 1965, these Regulations
exclude a person acquiring an interest
in land situate within the Counties of
Dublin South, Finglas and Dun
Laoghaire-Rathdown as specified in
the Local Government (Dublin) Act,
1993.
Parliamentary
Committee
Legal Diary Notices
The following notices which were
published recently in the
Legal Diary
may be of interest to practitioners.
Withdrawal of actions which have
been set down
The attention of practitioners is drawn
to Order 26, rule 2 of the Rules of the
Superior Courts which reads:-
"When a case has been entered for
trial, it may be withdrawn by either
plaintiff or defendant, upon
producing to the proper officer a
consent in writing signed by the
parties. The consent shall include
the list number and trial venue of
the case."
Where a party wishes to withdraw an
action under this rule, the solicitor
for such party should write to the
Chief Registrar of the High Court
quoting both record number and
list number, requesting that the
action be withdrawn and enclosing
a letter of consent to such
withdrawal from the solicitor for
the other party.
This rule does not apply to actions
involving persons in wardship, minor
plaintiffs or fatal injuries.
In actions in which money has been
lodged an Order of the Court will be
required, except where money lodged
is being accepted in satisfaction of a
claim in cases where the claimant
parties are
sui juris.
Where, accordingly, actions which
have been set down have been settled
on terms which require only an order
striking out, no application to the
Court is necessary.
Actions set down for hearing -
acceptance of sum paid into court in
satisfaction of a claim
Practitioners are advised that a Court
Order for payment out is no longer
required where a Notice of Acceptance
of money lodged in court is served
pursuant to Order 22 rule 4, in an
action which has been set down for
hearing (but subject to the provisions
of Order 22, rule 10 in respect of
persons not
sui juris).
Prior to making
application to the Accountant,
however, practitioners must inform the
Chief Registrar in writing that the
action has been settled and may be
taken out of the relevant list for trial,
quoting both record number and list
number.
A copy of such written
notification should be lodged with the
Accountant when making an
application for payment out.
The High Court
The books of the Accountant of this
Court will be closed from Monday,
15 August, 1994 to Friday, 23
September, 1994 for the purpose of
enabling the Accountant to balance
the various accounts of suitors.
Lodgments may be made during the
period and the Accountant will
invest money pursuant to Order of
the Court.
The High Court - sittings during
the Long Vacation 1994
During the Long Vacation, two
Vacation Judges will sit at the Four
Courts on . . . Wednesday, 7
September and Wednesday, 21
September.
Interlocutory Applications and matters
(including Bankruptcy) will not be
listed without certificate from the
Duty Registrar that the application is
urgent and proper to be dealt with in
the Vacation.
The Master or Deputy Master will sit
on Tuesday, 6 September and
Tuesday, 20 September.
Additional Long Vacation sittings
In addition to the fortnightly Vacation
sittings, the Vacation Judge will be
available in the Four Courts each day
between the hours of 11 o'clock and 1
o'clock, but only if required to sit for
a matter in which considerable
urgency can be shown.
Bail Applications will be heard on
Wednesday 3 August and on Tuesday
in each succeeding week during the
Long Vacation.
J.C. Delahunty
Chief Registrar
•
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