Courts act, 1991

• Enactment Date: 15 July 1991
• Act Number: 20

Number 20 of 1991
COURTS ACT, 1991
ARRANGEMENT OF SECTIONS
Section 1. Interpretation. 2. Extension of jurisdiction of Circuit Court. 3. Extension of jurisdiction of Circuit Court under Registration of Title Act, 1964. 4. Extension of jurisdiction of District Court. 5. Extension of jurisdiction of District Court in interpleader by under-sheriffs. 6. Extension of jurisdiction of District Court under Hire-Purchase Acts, 1946 and 1960. 7. Extension of jurisdiction of District Court in cases of detinue. 8. Extension of jurisdiction of District Court under Family Home Protection Act, 1976. 9. Extension of jurisdiction of Circuit Court and District Court under Hotel Proprietors Act, 1963. 10. Extension of jurisdiction of Circuit Court and District Court under Local Government (Water Pollution) Act, 1977. 11. Extension of jurisdiction of Circuit Court and District Court under Family Law (Maintenance of Spouses and Children) Act, 1976. 12. Extension of jurisdiction of Circuit Court and District Court under Guardianship of Infants Act, 1964. 13. Extension of jurisdiction of Circuit Court and District Court under Family Law Act, 1981. 14. Amendment of Act of 1981. 15. Remittal or transfer of certain actions. 16. Variation by order of certain monetary limits. 17. Number of ordinary judges of High Court. 18. Number of judges of Circuit Court. 19. Number of justices of District Court. 20. Permanent assignment of justices of District Court to districts. 21. Amendment of Courts (Establishment and Constitution) Act, 1961. 22. Service of summonses. 23. Short title, collective citation and commencement.
Acts Referred to Attorneys' and Solicitors' Act, 1870 1870, c. 28 Courts Act, 1977 1977, No. 11 Courts Act, 1981 1981, No. 11 Courts (No. 2) Act, 1981 1981, No. 31 Courts Act, 1985 1985, No. 23 Courts (No. 3) Act, 1986 1986, No. 33 Courts Act, 1988 1988, No. 14 Courts (Establishment and Constitution) Act, 1961 1961, No. 38 Courts of Justice Act, 1924 1924, No. 10 Courts of Justice Act, 1936 1936, No. 48 Courts (Supplemental Provisions) Act, 1961 1961, No. 39 Criminal Justice Act, 1951 1951, No. 2 Enforcement of Court Orders Act, 1926 1926, No. 18 Family Home Protection Act, 1976 1976, No. 27 Family Law Act, 1981 1981, No. 22 Family Law (Maintenance of Spouses and Children) Act, 1976 1976, No. 11 Guardianship of Infants Act, 1964 1964, No. 7 Hire-Purchase (Amendment) Act, 1960 1960, No. 15 Hotel Proprietors Act, 1963 1963, No. 7 Law Reform Commission Act, 1975 1975, No. 3 Local Government (Water Pollution) Act, 1977 1977, No. 1 Local Government (Water Pollution) (Amendment) Act, 1990 1990, No. 21 Petty Sessions (Ireland) Act, 1851 1851, c. 93 Registration of Title Act, 1964 1964, No. 16
Number 20 of 1991
COURTS ACT, 1991
AN ACT TO AMEND AND EXTEND THE COURTS OF JUSTICE ACTS, 1924 TO 1961, THE COURTS (ESTABLISHMENT AND CONSTITUTION) ACT, 1961 , AND THE COURTS (SUPPLEMENTAL PROVISIONS) ACTS, 1961 TO 1988, AND TO PROVIDE FOR OTHER MATTERS RELATING TO THE COURTS. [15th July, 1991]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
	Interpretation.	1.—(1) In this Act—
	“the Act of 1851” means the Petty Sessions (Ireland) Act, 1851 ;
	“the Act of 1924” means the Courts of Justice Act, 1924 ;
	“the Act of 1936” means the Courts of Justice Act, 1936 ;
	“the Act of 1961” means the Courts (Supplemental Provisions) Act, 1961 ;
	“the Act of 1977” means the Courts Act, 1977 ;
	“the Act of 1981” means the Courts Act, 1981 ;
	“the Act of 1985” means the Courts Act, 1985 .
	(2) A reference in this Act to any other enactment shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended or applied by or under any other enactment including this Act.
	Extension of jurisdiction of Circuit Court.	2.—(1) The Third Schedule to the Act of 1961 is hereby amended—
	(a) by the substitution of “£30,000” for “£15,000” (inserted by the Act of 1981) in each place in column (3) where it occurs, and
	(b) by the substitution of “£15,000” for “£7,500” (inserted by the Act of 1981) in the said column (3) at reference number 14.
	(2) The Fifth Schedule to the Act of 1961 is hereby amended by the substitution of “£30,000” for “£15,000” (inserted by the Act of 1981) in column (3) opposite the mention in column (2) of the Attorneys' and Solicitors' Act, 1870 .
	(3) The Act of 1936 is hereby amended—
	(a) by the substitution of “£30,000” for “£15,000” (inserted by the Act of 1981) in section 20, and
	(b) by the substitution of “£30,000” for “£15,000” (inserted by the Act of 1981) in section 23.
	Extension of jurisdiction of Circuit Court under Registration of Title Act, 1964.	3.— Section 18 of the Registration of Title Act, 1964 , is hereby amended by the substitution of “£200” for “£60” in subsection (2).
	Extension of jurisdiction of District Court.	4.—Section 77 of the Act of 1924 is hereby amended in paragraph A—
	(a) by the substitution of the following clauses for clauses (i) to (iii) (inserted by the Act of 1981):
	“(i) in contract, breach of contract, tort (except slander, libel, seduction, slander of title, malicious prosecution and false imprisonment) and claims for damages unconnected with contract, where the claim does not exceed £5,000:
	Provided that the decision of a justice of the District Court in a case in which a question of title to land is in issue shall not operate as an estoppel in or bar to a suit in any court in relation to such land;
	(ii) in ejectment for non-payment of rent or over-holding in any class of tenancy where the rent does not exceed such sum as amounts or might amount to £5,000 per annum;
	(iii) in proceedings at the suit of the State or any State authority (within the meaning of the Courts (Supplemental Provisions) Act, 1961 ) or any officer thereof to recover any sum not exceeding £5,000 due to or recoverable by or on behalf of the State whether by way of penalty, debt or otherwise, and notwithstanding any enactment now in force requiring such sum to be sued for in the High Court or other superior court;”,
	(b) by the substitution of “£5,000” for “£2,500” (inserted by the Act of 1981) in clause (v) (inserted by the Act of 1936),
	and
	(c) by the insertion of the following proviso at the end of the said paragraph A:
	“Provided that a judge of the District Court shall have jurisdiction to hear and determine any proceedings of the kind mentioned in this paragraph, notwithstanding any monetary limit that may for the time being apply under this section where the necessary parties to the proceedings sign, either before or at any time during the hearing, the form of consent prescribed by rules made under section 91 of this Act.”.
	Extension of jurisdiction of District Court in interpleader by under-sheriffs.	5.— Section 22 (1) of the Enforcement of Court Orders Act, 1926 , is hereby amended by the substitution of “£5,000” for “£2,500” (inserted by the Act of 1981).
	Extension of jurisdiction of District Court under Hire-Purchase Acts, 1946 and 1960.	6.—(1) Section 19 of the Hire-Purchase (Amendment) Act, 1960 , is hereby amended by the substitution of “£5,000” for “£2,500” (inserted by the Act of 1981) in subsections (1) and (2).
	(2) Section 33 (4) (a) of the Act of 1961 is hereby amended by the substitution of “£5,000” for “£2,500” (inserted by the Act of 1981).
	Extension of jurisdiction of District Court in cases of detinue.	7.—Section 33 (3) of the Act of 1961 is hereby amended by the substitution of “£5,000” for “£2,500” (inserted by the Act of 1981).
	Extension of jurisdiction of District Court under Family Home Protection Act, 1976.	8.— Section 10 of the Family Home Protection Act, 1976 , is hereby amended by the substitution of “£5,000” for “£2,500” (inserted by the Act of 1981) in subsection (5).
	Extension of jurisdiction of Circuit Court and District Court under Hotel Proprietors Act, 1963.	9.— Section 10 of the Hotel Proprietors Act, 1963 , is hereby amended—
	(a) by the substitution of “£30,000” for “£15,000” (inserted by the Act of 1981) in subsection (1), and
	(b) by the substitution of “£5,000” for “£2,500” (inserted by the Act of 1981) in subsection (2).
	Extension of jurisdiction of Circuit Court and District Court under Local Government (Water Pollution) Act, 1977.	10.— Section 10 (inserted by section 7 of the Local Government (Water Pollution) (Amendment) Act, 1990 ) of the Local Government (Water Pollution) Act, 1977 , is hereby amended in subsection (1)—
	(a) by the substitution of “£5,000” for “£2,500” in paragraph (b) (i),
	(b) by the substitution of “£30,000” for “£15,000” in paragraph (b) (ii),
	(c) by the substitution of “£5,000” for “£2,500” in paragraph (c) (i), and
	(d) by the substitution of “£30,000” for “£15,000” in paragraph (c) (ii).
	Extension of jurisdiction of Circuit Court and District Court under Family Law (Maintenance of Spouses and Children) Act, 1976.	11.— Section 23 (inserted by the Act of 1981) of the Family Law (Maintenance of Spouses and Children) Act, 1976 , is hereby amended in subsection (2) (a)—
	(a) by the substitution of “£200” for “£100”, and
	(b) by the substitution of “£60” for “£30”.
	Extension of jurisdiction of Circuit Court and District Court under Guardianship of Infants Act, 1964.	12.—Section 5 (inserted by the Act of 1981) of the Guardianship of Infants Act, 1964 , is hereby...