Rules of the Superior Courts (No. 7) (Appeals From The Hepatitis C Compensation Tribunal), 1998

Statutory Instrument No.392/1998

S.I. No. 392 of 1998.

RULES OF THE SUPERIOR COURTS (NO. 7) (APPEALS FROM THE HEPATITIS C COMPENSATION TRIBUNAL), 1998

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act, 1936 , section 67, and reconstituted pursuant to the provisions of the Courts of Justice Act, 1953 , section 15, by virtue of the powers conferred upon us by the Courts of Justice Act, 1924 , section 36, and the Courts of Justice Act, 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act, 1961 , section 48), and the Courts (Supplemental Provisions) Act, 1961 , section 14, and of all other powers enabling us in this behalf, do hereby make the annexed Rules of Court.

Dated this 23rd day of July, 1998.

Frederick Morris

Ronan Keane

Kevin Lynch

Richard Johnson

Gordon Holmes

Eamon Marray

I concur in the making of the annexed Rules of Court.

Dated this 14th day of October, 1998.

JOHN O'DONOGHUE

Aire Dlí agus Cirt

Comhionannais agus Athchóirithe Dlí

S.I. No. 392 of 1998

RULES OF THE SUPERIOR COURTS (No. 7)(APPEALS FROM THE HEPATITIS C COMPENSATION TRIBUNAL), 1998

1. The following shall be inserted as Order 105A of the Rules of the Superior Courts immediately after Order 105 thereof:

"ORDER 105A

APPEALS FROM THE HEPATITIS C COMPENSATION TRIBUNAL

1. An appeal to the High Court under section 5 (15) or under section 5 (16) of the Hepatitis C Compensation Tribunal Act, 1997 ("the Act") shall be brought by way of originating notice of motion.

2. (1) Where an appeal against an award is brought by a claimant, such notice of motion shall be issued within one month from the date of receiving notice of the making of the award or within such greater period as may be prescribed by the Minister.

(2) Where an appeal against a decision of the Tribunal is brought (other than an award) such notice of motion shall be issued within one month from the date of the decision.

(3) Where an appeal is brought by a claimant, the Minister may cross-appeal within one month of the date of service of the notice of motion upon the Minister. Such cross-appeal shall be taken by way of a notice of motion. An appeal by any party shall put the matter appealed against fully in issue and a notice of cross-appeal shall not be required on that issue by any other party.

(4) Where an appeal is brought under section 5 (16) of the Act by the Minister or a relevant agency, such appeal shall be brought within one month of the date of the making of the award of aggravated or exemplary damages.

(5) Any appeal brought by a person pursuant to section 6 (3) (e) of the Act shall be brought by originating notice of motion within six months from the date of the commencement of these rules or within such further period as may be permitted by the Court under Order 122.

3. (1) Any notice of motion appealing any award or other decision or cross-appealing an appeal brought by a claimant shall be served by pre-paid ordinary post.

(2) Where an appeal is brought by a claimant or by a person who is appealing an...

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