Courts Act, 1981

• Jurisdiction: Ireland

Number 11 of 1981
COURTS ACT, 1981
ARRANGEMENT OF SECTIONS
Section 1. Interpretation. 2. Extension of jurisdiction of Circuit Court. 3. Extension of jurisdiction of Circuit Court under Married Women's Status Act, 1957. 4. Extension of jurisdiction of Circuit Court under Succession Act, 1965. 5. Jurisdiction of Circuit Court in relation to divorce a mensa et thoro. 6. Extension of jurisdiction of District Court. 7. Extension of jurisdiction of District Court in interpleader by under-sheriffs. 8. Extension of jurisdiction of District Court under Hire-Purchase Acts 1946 and 1960. 9. Extension of jurisdiction of District Court under Rent Restrictions Act, 1960. 10. Extension of jurisdiction of District Court in cases of detinue. 11. Extension of jurisdiction of Circuit Court and District Court under Hotel Proprietors Act, 1963. 12. Jurisdiction under Family Law (Maintenance of Spouses and Children) Act, 1976. 13. Jurisdiction under Family Home Protection Act, 1976. 14. Jurisdiction under Illegitimate Children (Affiliation Orders) Act, 1930. 15. Jurisdiction under Guardianship of Infants Act, 1964. 16. Venue in relation to certain jurisdictions of Circuit Court and District Court. 17. Limitation on amount of plaintiff's costs in certain proceedings.
18. Temporary discharge of duties of certain judges. 19. Increase of interest on judgment debts. 20. Variation by order of rate of interest specified in section 26 of Debtors (Ireland) Act, 1840. 21. Extension of section 27 of Debtors (Ireland) Act, 1840. 22. Power of courts to order payment of interest on awards. 23. Judgments not exceeding £150 not to carry interest. 24. Registration of District Court decrees as judgment-mortgages. 25. Registration of decrees of District Court in Central Office of High Court. 26. Application of section 336 of the Irish Bankrupt and Insolvent Act, 1857, to District Court decrees. 27. Amendment of Circuit Court (Registration of Judgments) Act, 1937. 28. Compensation for mental distress in fatal accidents. 29. Amendment of section 35 of Act of 1936. 30. Amendment of Courts Act, 1977. 31. Transfer of trials in criminal cases by judges of Circuit Court. 32. Repeals. 33. Short title, citation and commencement.
SCHEDULE
Enactments Repealed
Acts Referred to Air Navigation and Transport Act, 1936 1936, No. 40 Air Navigation and Transport Act, 1965 1965, No. 6 Attorneys' and Solicitors' Act, 1870 1870, c. 28 Circuit Court (Registration of Judgments) Act, 1937 1937, No. 3 Civil Liability Act, 1961 1961, No. 41 Copyright Act, 1963 1963, No. 10 Courts Act, 1964 1964, No. 11 Courts Act, 1971 1971, No. 36 Courts Act, 1977 1977, No. 11 Courts of Justice Act, 1924 1924, No. 10 Courts of Justice Act, 1936 1936, No. 48 Courts of Justice Act, 1947 1947, No. 20 Courts (Supplemental Provisions) Act, 1961 1961, No. 39 Courts (Supplemental Provisions) Acts, 1961 to 1979 Debtors (Ireland) Act, 1840 1840, c. 105 Enforcement of Court Orders Act, 1926 1926, No. 18 Family Home Protection Act, 1976 1976, No. 27 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 Illegitimate Children (Affiliation Orders) Act, 1930 1930, No. 17 Irish Bankrupt and Insolvent Act, 1857 1857, c. 60 Judgment-Mortgage (Ireland) Act, 1850 1850, c. 29 Married Women's Status Act, 1957 1957, No. 5 Matrimonial Causes and Marriage Law (Ireland) Amendment Act, 1870 1870, c. 110 Rent Restrictions Act, 1960 1960, No. 42 Succession Act, 1965 1965, No. 27
Number 11 of 1981
COURTS ACT, 1981
AN ACT TO AMEND AND EXTEND THE COURTS OF JUSTICE ACTS, 1924 TO 1961, AND THE COURTS (SUPPLEMENTAL PROVISIONS) ACTS, 1961 TO 1979, AND TO PROVIDE FOR OTHER MATTERS RELATING TO THE COURTS. [12th May, 1981]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
	Interpretation.	1.—(1) In this Act—
	“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 1971” means the Courts Act, 1971 .
	(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 deletion of paragraph (a) in column (3) at reference numbers 18, 20, 21, 22, 24, 25, 26, 27 and 28,
	(b) by the substitution of “£15,000” for “£2,000” (inserted by the Act of 1971) in each place in the said column (3) where it occurs,
	(c) by the substitution of “£7,500” for “£1,000” (inserted by the Act of 1971) in the said column (3) at reference number 14, and
	(d) by the substitution of “£200” for “£100” (inserted by the Act of 1971) in each place in the said column (3) where it occurs.
	(2) The Fifth Schedule to the Act of 1961 is hereby amended by the substitution of “£15,000” for “two thousand pounds” (inserted by the Act of 1971) 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 “£15,000” for “two thousand pounds” (inserted by the Act of 1971) in section 20, and
	(b) by the substitution of “£15,000” for “two thousand pounds” (inserted by the Act of 1971) in section 23.
	Extension of jurisdiction of Circuit Court under Married Women's Status Act, 1957.	3.— Section 12 of the Married Women's Status Act, 1957 , is hereby amended by the substitution of the following subsection for subsection (3):
	“(3) Where the rateable valuation of the land exceeds £200 and the application is made to the Circuit Court, that Court shall, if a defendant or respondent so requires before the hearing thereof, transfer the proceedings to the High Court, but any order made or act done in the course of such proceedings before such transfer shall be valid unless discharged or varied by order of the High Court.”.
	Extension of jurisdiction of Circuit Court under Succession Act, 1965.	4.— Section 6 of the Succession Act, 1965 , is hereby amended by the substitution of the following subsection for subsection (3):
	“(3) Unless the necessary parties to the proceedings in a cause sign, either before or at any time during the hearing, the form of consent prescribed by rules of court, the Circuit Court shall not, by virtue of subsection (2), have jurisdiction where the estate of the deceased person, in so far as it consists of real estate of which, at the time of his death, he was beneficially seised or possessed, exceeds the rateable valuation of £200.”.
	Jurisdiction of Circuit Court in relation to divorce a mensa et thoro.	5.—There shall be vested in the Circuit Court the jurisdiction specified in section 7 of the Matrimonial Causes and Marriage Law (Ireland) Amendment Act, 1870 , in respect of divorce a mensa et thoro.
	Extension of jurisdiction of District Court.	6.—Section 77 of the Act of 1924 is hereby amended—
	(a) by the substitution of the following clauses for clauses (i) to (iii) (inserted by the Act of 1971) of paragraph A:
	“(i) in contract, breach of contract, tort (except slander, libel, criminal conversation, seduction, slander of title, malicious prosecution and false imprisonment) and claims for damages unconnected with contract, where the claim does not exceed £2,500:
	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 overholding in any class of tenancy where the rent does not exceed such sum as amounts or might amount to £2,500 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 £2,500 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;”, and
	(b) by the substitution of “£2,500” for “£250” in clause (v) (inserted by /the Act of 1936).
	Extension of jurisdiction of District Court in interpleader by under-sheriffs.	7.— Section 22 (1) of the Enforcement of Court Orders Act, 1926 , is hereby amended by the substitution of “£2,500” for “two hundred and fifty pounds” (inserted by the Act of 1971).
	Extension of jurisdiction of District Court under Hire-Purchase Acts, 1946 and 1960.	8.—(1) Section 19 of the Hire-Purchase (Amendment) Act, 1960 , is hereby amended by the substitution of “£2,500” for “two hundred and fifty pounds” (inserted by the Act of 1971) in subsections (1) and (2).
	(2) Section 33 (4) (a) of the Act of 1961 is hereby amended by the substitution of “£2,500” for “two hundred and fifty pounds” (inserted by the Act of 1971).
	Extension of jurisdiction of District Court under Rent Restrictions Act, 1960.	9.— Section 50 (b) of...