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GAZETTE
A
pril
1989
Practice
Notes
Civil Proceedings in
the District Court,
Dublin
1- All such proceedings should be
headed -
Dublin Metropolitan District
2. (a) Civil proceedings for a
simple debt, Tort, Breach of
Contract should always be
listed for Court No. 7,
Dolphin House, Essex St.,
Dublin 2, at 10.30 a.m. on
Mondays only.
(b) Ejectment proceedings are
listed by the office for Court
10, Thursdays - 2.15 p.m.
3. (a) In cases for a simple debt
the following procedure
applies:- The District Court
Civil Office gives the return
date and the record number
in that proceedings. This
record No. is placed on the
original civil process, the
copy civil process for the
Plaintiffs Solicitor and this
same number is also put on
the notice of intention to
defend on the process for
service on the defendant.
This record No. should
always be quoted when
bespeaking a decree by way
of Summary Judgement.
(b) Enforcement proceedings
(1926-1940 Acts) may be
brought in Swords, Dun
Laoghaire or Dolphin House,
depending on address of
debtor.
4. All District Court proceedings
must show jurisdiction on the
face of the document, i.e.
(a) The Contract was made
within said District.
(b) The defendant resides
within said District.
5. The territorial jurisdiction of the
Dublin Metropolitan District
comprises of Dublin City and
County and part of Co. Kildare
which formerly was in the
Lucan District Court Area. (See
District Court Areas Order
1961).
Rathmichael
in
South
Co. Dublin is in Bray D.C.A.
6. The costs in the District Court
are set out by reference to S.I.
218/82 and the Fees Order,
1986. (S.I. No. 377/86).
Signed: A. Donnelly (D.C.C.)
District Court Clerk,
24th May, 1989.
Metropolitan District Court,
Civil Office,
Dolphin House,
East Essex St.,
Dublin 2.
Phone 725555, Ext. 604
R.T.A. Fee Scale
(Operative to the end of 1989)
a) Attending Court (guilty
plea)
£52.00
b) Attending Court (Section
52 defence)
£71.50
c) Attending Court (Section
53 defence)
£89.50
d) Attending to observe
proceedings - to be
negotiated.
e) Attending Coroner's
inquest - to be
negotiated.
f) Report on proceedings £52.00
Fax Transmissions
The Technology Committee would
like to draw the attention of
practitioners to the following
aspects of fax transmissions which
should be borne in mind:
1. It is possible for a sender to
falsify both the time and date
that a fax transmission was sent
and it is also possible for the
sender of such a transmission to
falsify the origin of the fax trans-
mission. This can only be done
if the sender has a knowledge of
the workings of a fax machine
and deliberately interferes wi th
same, however, it is important
that practitioners should be
aware of the possibility. The
Committee has noted that the
time of sending of many fax
messages between solicitors is
inaccurate in that solicitors have
not asked their suppliers to alter
the setting of the machine to
take account of the change from
winter time to summer time.
2. Fax transmissions once received
can fade in the following circum-
stances:
(a) if left in conditions of damp-
ness;
(b) if left in strong sunlight;
(c) if left near a heater; and
(d) as a result of efflux of time.
Accordingly, impo r t ant fax
messages should be photo-
copied immediately on receipt to
avoid their loss.
3. The Litigation Committee of the
Society wi shes to remind
members that letters trans-
mitted by fax should also be
posted.
Technology Committee
end Litigetion Committee
Promulgation of the new Bye-
laws of the Law Society
The new Bye-laws of the
Incorporated Law Society of Ireland
were ordained and made (without
dissent) at the Half-Yearly General
Meeting of the Society (held at the
Hotel Europe, Killarney, Co. Kerry)
on Friday, 5th May, 1989, and
thereupon became effective. The
previously existing bye-laws of the
Society are now rescinded and
have no further effect, without
prejudice to the validity of any act
or thing previously carried out,
done, made or suffered pursuant to
such rescinded bye-laws.
Each member of the Society will
receive a punched loose-leaf copy
of these new Bye-laws. If any
member of the Society wishes to
have a bound (unpunched) copy of
the new Bye-laws, please apply to
Chris Mahon, Director, Professional
Services, Law Society, Blackhall
Place, Dublin 7.
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