Previous Page  645 / 736 Next Page
Information
Show Menu
Previous Page 645 / 736 Next Page
Page Background

THE CIRCUIT COURT

Eastern Circuit, Co. of Kildare, Division of Naas

Adjournment of Opening Date of Hilary Sittings

1971

The opening date of the Hilary Sittings for the

Naas Division of the County of Kildare has been

adjourned

from Monday, 22nd February,

to

Thursday, 25th February.

Patrick J. O'Neill.

County Registrar, County Kildare.

REPORT ON INTEREST ON

JUDGMENT DEBTS

The Committee on Court Practice and Proce

dure unanimously

recommended

in

its Tenth

Report that: —

(1) the interest rate on the amount of a judgment

debt and costs should be

1 %

above

the

Central Bank re-discount rate prevailing at

the time judgment is pronounced or, in the

case of judgment obtained by entry in the

office, at the date of such entry;

(2) the court should have power to fixe the com

mencement date for the running of interest on

the amount of judgment debt on foot of a

judgment pronounced in court—this might be

any date from the accrual of the cause of

action up to the date of pronouncement of

judgment;

(3) the court should have power to direct that

interest on costs should be allowed from the

date of the Taxing Master's cerificate or from

any other particular date specified by the

court in its order;

(4) in the case of a judgment obtained by entry

in the office, the commencement date for

the running of interest on the amount of the

judgment debt should be the date of such

entry, and interest on costs should run from

the same date if the costs are fixed and from

the same date if the costs are fixed costs and

from the date of the Taxing Master's cer

tificate if the costs have to be taxed;

(5) no interest should be allowed on District Court

decrees at first instance;

(6) the power mentioned in recommendations (2)

and (3) should be exercisable by the High

Court and by the Circuit Court whether exer

cising original or appellate jurisdiction and

by the Supreme Court, and

(7) the present position that interest is not pay

able on malicious injury awards should re

main unchanged.

The

implementation of

these recommen

dations will require statutory amendments of

the present position. It seems that the rules

of court in relation to the Supreme Court

or to the High Court and to the Circuit

Circuit Court would also require consequen

tial alteration. The making of provision for

interest on judgment debts may be a matter

to be settled by statute only and may not be

a matter within the competence of the var

ious rule-making bodies.

DEATH DUTIES

Decimal Currency

Inland

Revenue Affidavits,

Estate Duty

Accounts and other Death Duty accounts relating

to the estates of persons dying on or after Deci-

may Day (15th February 1971), must be com

pleted in decimal form.

Where the date of valuation is before 15th

February 1971 (e.g. if the date of death is before

that date or if the account relates to gifts, re

leases, advances or distributions made before that

date) the values of properties or the amounts of

deductions should be shown in the £ s. d. form.

As and from Decilmal Day, all assessments of

death duties will be made in £p whether or not the

Affidavit or Account has been prepared in £p.

In the case of Corrective Affidavits and Cor

rective Accounts delivered after 15th February

1971, amounts of assets and deductions "as pre

viously shown" should be expressed in £p.

It

is

requested

that cheques

forwarded

to

arrive on or after llth February 1971 be made

out in decimal form, as decimal accounting will

commence on that date.

Revenue Commissioners,

Dublin, 2.

185