Rules of the Superior Courts (Costs) 2008

• Jurisdiction: Ireland
• Year: 2008
• Citation: IR SI 12/2008

S.I. No. 12 of 2008

RULES OF THE SUPERIOR COURTS (COSTS) 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 1st February, 2008.

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 following Rules of Court.

Dated this 21st day of June, 2007.

John L. Murray

Richard Johnson

Joseph Finnegan

Liam McKechnie

Elizabeth Dunne

Lyndon MacCann

Patrick Groarke

Noel Rubotham

Mary Cummins

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

Dated this 24 day of January , 2008.

BRIAN LENIHAN.

Minister for Justice, Equality and Law Reform

S.I. No. 12 of 2008

RULES OF THE SUPERIOR COURTS (COSTS) 2008

1. Order 99 of the Rules of the Superior Courts is hereby amended by:

(i) the substitution for sub-rules (3) and (4) of rule 1 thereof of the following:

“(3) Subject to sub-rule (4A), the costs of every action, question, and issue tried by a jury shall follow the event unless the Court, for special cause, to be mentioned in the order, shall otherwise direct.

(4) Subject to sub-rule (4A), the costs of every issue of fact or law raised upon a claim or counterclaim shall, unless otherwise ordered, follow the event.

(4A) The High Court or the Supreme Court, upon determining any interlocutory application, shall make an award of costs save where it is not possible justly to adjudicate upon liability for costs on the basis of the interlocutory application.”;

(ii) the insertion immediately following rule 1 thereof of the following:

“1A. (1) Notwithstanding sub-rules (3) and (4) of rule 1—

(a) The Supreme Court, in considering the awarding of the costs of any appeal or any application in respect of an appeal, may, where it considers it just, have regard to the terms of any offer in writing sent by any party to any other party or parties offering to satisfy the whole or part of that other party’s (or those other parties’) claim or counterclaim the...