The Gazette 1989

GAZETTE

JANUARY 1989

Pract ice

No t es

Civil Proceedings in the

District Court, Dublin.

1. All such proceedings should be

headed - Dublin Metropoli-

tan District.

2. (a) Civil proceedings for a

simple debt, Tort, Breach of

Contract should always be

listed for Court No. 7, Dolphin

House, Essex Street, Dublin 2,

at 10.30a.m. on Mondays only.*

(b) Enforcement proceedings,

i.e. Examination Orders and

Committal Summonses are

issued for Court 9, Dolphin

House on Thursdays and

Fridays respectively.

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 Plaintiff's 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

Judgment.*

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;

(c) The Tort occurred 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. 377/86).

7. Proceedings may also be

brought in Dun Laoghaire and

Swords District Courts on the

appropriate Civil Days for the

transaction of such pro-

ceedings. Information can be

obtained from the District

Court Clerk in Swords and Dun

Laoghaire in this regard.

* In Proceedings where notice of

intention to defend has been lodged

defended dates are given for Court

9 or 10. Undefended actions for

2(a) above are put back for an

Undefended hearing.

•

1992 and the Hit and

Run Driver

EEC Directive leeds to new

MIBI Agreement

People who suffer personal injuries

in road accidents caused by "hit

and run" drivers will have enhanced

protection as from 31st December

1988. As the result of the imple-

mentation of the Second Directive

on Motor Insurance 84/5/EEC

victims of such accidents occurring

on or after 31st December 1988

will have a

right

to compensation

for personal injuries incurred in road

accidents involving vehicles whose

drivers are unidentified or untrace-

able or found to be uninsured.

Compensation will be payable by

the Motor Insurers Bureau of

Ireland (MIBI). Under the terms of

the new agreement reached

between the Minister for the

Environment and the MIBI, injured

parties will no longer have to obtain

a judgement against the uninsured

driver but can apply directly to the

MIBI for compensation. Injured

parties will also have a right of

redress to the Courts where they

have been refused compensation or

consider the compensation offered

to be inadequate.

In addition an uninsured driver

who suffers personal injuries in a

collision with a vehicle driven by

another uninsured driver will in

future be entitled to compensation.

A further extension of the liability

of the MIBI will come into force in

respect of accidents occurring on

or after 31st December 1992. As

from that date the MIBI will pay

compensation for property damage

caused by uninsured (including

stolen) vehicles. This will not how-

ever, include damage caused by

unidentified or untraced drivers.

Practitioners should note that

claims must be made by registered

post to the MIBI within 3 years

from the date of the accident giving

rise to the death or personal injury.

When compensation for property

damages becomes payable claims

will have to be brought within 1

year of the accident.

•

Company Law

Registration of Charges

Practitioners should be aware that

there is considerable delay in the

Companies Office in the processing

of form 47 (the form giving particu-

lars of a charge pursuant to Section

99 of the Companies Act, 1963).

The form 47 and the issuance of

the certificate of the charge does

not appear on the relevant com-

pany's file in the Companies Office

for approximately two months from

the date of the delivery of particu-

lars of the charge. Anybody there-

fore examining a company's file in

the Companies Office might not

have notice of a charge created but

not yet filed. This could have

serious implications for both a

solicitor and his client.

The practice in the Companies

Office is to immediately record all

forms delivered to it on the com-

puterised print out for each

company. The fact that a charge

has been created will therefore be

shown on this record though

not

the company's file.

It is therefore essential that when

making a Companies Office search

an examination be made of the

computer print out of the particular

company as well as the company file

This will indicate that a charge

has been created, though of course

the details thereof will not be avail-

able until the filing on the particular

company's file has been completed.

The Company Law Committee

are in constant communication

with the Companies Office about

this and other such areas of

practical difficulty.

The Committee welcomes prac-

titioners' observations or comments

on any aspects of Company law or

practice which may be of concern

to them.

Michael Irvine,

Chairman,

•

Company Law Committee