Rules of the Superior Courts (Costs) 2019

• Jurisdiction: Ireland
• Citation: IR SI 584/2019
• Year: 2019

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 26th November, 2019.

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, the Courts of Justice Act 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act 1961 , section 48), the Solicitors (Amendment) Act 1960 , section 25(2), the Courts (Supplemental Provisions) Act 1961 , section 14, the Legal Services Regulation Act 2015, sections 143, 152(1), 154 and 163 and of all other powers enabling us in this behalf, do hereby make the following Rules of Court.

Dated this 9th day of October, 2019

Frank Clarke Stuart Gilhooly George Birmingham John Mahon Peter Kelly Elizabeth Dunne Michael Peart Teresa Pilkington Conor Dignam Gráinne Larkin

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

20 November 2019

CHARLES FLANAGAN,

Minister for Justice and Equality

1. (1) These Rules, which may be cited as the Rules of the Superior Courts (Costs) 2019, shall come into operation on the 3rd day of December 2019.

(2) These Rules shall be construed together with the Rules of the Superior Courts.

(3) The Rules of the Superior Courts as amended by these Rules may be cited as the Rules of the Superior Courts 1986 to 2019.

2. (1) Where, before the day on which section 165(1) of the Legal Services Regulation Act 2015 came into operation, a matter has been referred for taxation and a hearing has taken place on the matter, the matter shall, in accordance with that subsection, be continued and determined as if these Rules had not come into operation.

(2) Where, before the day on which section 165(2) of the Legal Services Regulation Act 2015 came into operation, a decision has been made on a matter referred to taxation, any review of the decision shall, in accordance with that subsection, be conducted and determined as if these Rules had not come into operation.

(3) Where, before the day on which section 165(3) of the Legal Services Regulation Act 2015 came into operation, a matter has been referred for taxation but a hearing has not yet taken place on the matter, the matter shall be dealt with as though the referral were an application for adjudication of legal costs made under section 154 of the Legal Services Regulation Act 2015 and in accordance with Order 99 of the Rules of the Superior Courts (as amended by these Rules) on the day on which the matter was referred for taxation and:

(i) the date of the first listing of the matter for taxation shall be treated as the return date of the application for adjudication under section 154 of the Legal Services Regulation Act 2015 , and

(ii) on such return date, the Legal Costs Adjudicator may exercise all powers conferred by the Legal Services Regulation Act 2015 and Order 99 of the Rules of the Superior Courts (as amended by these Rules) in relation to the adjudication.

3. The Rules of the Superior Courts are amended:

(i) by the substitution for rule 1 of Order 19 of the following rule:

“1.(1) The plaintiff shall, subject to the provisions of Order 20, and at such time and in such manner as therein prescribed, deliver to the defendant a statement of his claim, and of the relief or remedy to which he claims to be entitled.

(2) The defendant shall subject to the provisions of Order 21, and at such time and in such manner as therein prescribed, deliver to the plaintiff his defence, set-off, or counter-claim (if any).

(3) The plaintiff shall, subject to the provisions of Order 23, and at such time and in such manner as therein prescribed, deliver his reply (if any) to such defence, set-off, or counter-claim.

(4) Such statements shall be as brief as the nature of the case will admit, and the Legal Costs Adjudicator in adjudicating the costs of the action shall, at the instance of any party, or may without any request, inquire into the reasonableness of the cost of preparing and replying to any such pleading, and may order any costs occasioned by the unreasonableness of a party to be borne by that party.”;

(ii) by the substitution for paragraphs (i) and (ii) of sub-rule (8) of rule 10 of Order 22 of the following paragraphs respectively:

“(i) The costs of the plaintiff, or if more than one, of all the plaintiffs in any such cause or matter or incident to the claims therein or consequent thereon shall, as regards costs ordered to be paid to such plaintiff or plaintiffs by the defendant or any other party to such cause or matter be adjudicated by the Legal Costs Adjudicator as between party and party.

(ii) The costs (if any) of the plaintiff or if more than one of all such plaintiffs not ordered to be paid by or recoverable from any other party shall be adjudicated by the Legal Costs Adjudicator as between legal practitioner and client on notice to the General Solicitor for Wards of Court. If any portion of such costs be payable by any adult party to the cause or matter who is sui juris, the Legal Costs Adjudicator shall certify the amount of such portion and the portions payable by such infant or person of unsound mind. No costs other than those so certified shall be payable to the solicitor for any plaintiff in the cause or matter.”;

(iii) by the substitution for rule 3 of Order 31 of the following rule:

“3. In adjudicating the costs of the cause or matter, inquiry shall at the instance of any party be made into the reasonableness of exhibiting such interrogatories. If it is the opinion of the Legal Costs Adjudicator or of the Court, with or without an application for inquiry, that such interrogatories have been exhibited unreasonably, the costs occasioned by those interrogatories and the answers thereto shall be paid in any event by the party found to have behaved unreasonably.”;

(iv) by the substitution for rule 25 of Order 31 of the following rule:

“25. In every cause, or matter, the costs of discovery, by interrogatories, or otherwise, shall save as otherwise agreed between the parties or unless otherwise ordered by the Court, be allowed, as part of the costs of the party seeking discovery, either as between party and party or as between legal practitioner and client.”;

(v) by the substitution for rule 2 of Order 32 of the following rule:

“2. Either party may call upon the other party to admit any document, saving all just exceptions. In case of refusal or neglect to admit, after such notice, the costs of proving any such documents shall be paid by the party so neglecting or refusing, whatever the result of the cause or matter may be, unless at the trial or hearing the Court certifies that the refusal to admit was reasonable. No costs of proving any document shall be allowed unless such notice be given, except where the omission to give the notice is, in the opinion of the Legal Costs Adjudicator, a saving of expense.”;

(vi) by the substitution for rule 4 of Order 32 of the following rule:

“4. Any party may, by notice in writing, at any time not later than nine days before the day for which notice of trial has been given, call on any other party to admit, for the purposes of the cause, matter, or issue only, any specific fact or facts mentioned in such notice. In case of refusal or neglect to admit the same within six days after service of such notice, or within such further time as is allowed by the Court, the costs of proving such fact or facts shall be paid by the party so neglecting or refusing, whatever the result of the cause, matter, or issue may be, unless at the trial or hearing the Court certifies that the refusal to admit was reasonable, or unless the Court at any time otherwise orders or directs. Any admission made pursuant to such notice is to be deemed to be made only for the purposes of the particular cause, matter, or issue, and not as an admission to be used against the party on any other occasion or in favour of any person other than the party giving the notice. The Court may at any time allow any party to amend or withdraw any admission so made on such terms as the Court considers just. All such costs and expenses as in the opinion of the Legal Costs Adjudicator or the Court have been caused by the omission of any party to serve such notice shall, whatever the result of the cause, matter, or issue, may be, unless the Court otherwise orders, be paid by the party omitting to serve such notice.”;

(vii) by the substitution for rule 3 of Order 40 of the following rule:

“3. Every affidavit shall be entitled in the cause or matter in which it is sworn. In every case in which there are more than one plaintiff or defendant, it shall be sufficient to state the full name of the first plaintiff or defendant, respectively, and that there are other plaintiffs or defendants as the case may be.”;

(viii) by the substitution for rule 10 of Order 41 of the following rule:

“10. The amounts so to be stated for rent, if not otherwise duly ascertained, and costs respectively, shall be ascertained:

(a) in respect of rent by the affidavit of the plaintiff, his agent, receiver, or clerk, at the time judgment is entered, and

(b) in respect of costs (unless measured by the Court) by the Legal Costs Adjudicator’s certificate thereof,

at any time prior to the issue of an order of possession or to the service of a notice under the Land Law (Ireland) Act 1887 , section 7.”;

(ix) by the substitution for rule 2 of Order 55 of the following rule:

“2. The Examiner shall, for the purpose of any proceedings before him have power to issue advertisements, to summon parties and witnesses, to administer oaths, to require the production of documents, to take affidavits and acknowledgements, and...