Order 95 - Malicious injuries
Definitions
1. In this Order—
"the Acts" means the Malicious Injuries Acts, 1981 and 1986;
"the Principal Act" means the Malicious Injuries Act, 1981 (No. 9 of 1981).
"the Act of 1986" means the Malicious Injuries (Amendment) Act, 1986 (No. 27 of 1986);
"ratepayer" means any ratepayer of a local authority which is a party to any proceedings for compensation under the Acts;
"third party" means a local authority notified under section 10 (1) of the Principal Act.
Application for compensation
2. (1) An application to the District Court for compensation under the Acts may, subject to the provisions of section 13 of the Principal Act, be brought, heard or determined at any sitting of the Court for the transaction of civil business.
(2) Such application shall be preceded by the issue and service of a notice in the Form 95.1, 95.2, 95.3, 95.4, or 95.5 Schedule C, as may be appropriate, signed by the applicant or solicitor for the applicant. The notice shall be served upon the council of the county or the corporation of the county borough from which it is sought to obtain compensation. Service may be effected by prepaid registered post at least twenty-one days before the date fixed for the hearing of the application.
(3) In the Dublin Metropolitan District the original and copy of every notice of application intended for service shall first be lodged with the Clerk for insertion of the date of hearing thereon.
(4) When service has been effected the original notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least seven days before the said date of hearing.
Joinder of other local authority as third party
3. A local authority which has given notice under section 10 of the Principal Act shall lodge a copy of the notice with the Clerk.
Order of the Court
4. (1) A decree awarding compensation under section 11 of the Principal Act in respect of damage or loss shall be in the Form 95.6, 95.7, 95.8, 95.9 or 95.10 Schedule C, as may be appropriate.
(2) An order refusing compensation shall be in the Form 95.11 Schedule C.
Malicious Injuries Book
5. The Clerk shall keep a book to be known as the Malicious Injuries Book in which shall be entered particulars of all notices of application and third party notices lodged under this Order and details of all applications and orders made in the proceedings to which the notices relate.
Costs
6. Costs, where awarded, other than costs of an application for compensation which are payable by a local authority, shall be in accordance with the appropriate scale of costs set out in the schedule of costs annexed to these Rules. Where liability for compensation is apportioned between two or more local authorities, the costs (and expenses, if any) awarded to the applicant shall be similarly apportioned.
Settlements
7. Where under section 16 (1) of the Principal Act a local authority settles a claim brought against it, the form of consent or settlement (and withdrawal of application) signed by the parties (or a copy thereof) shall be lodged with the Clerk, who shall note the settlement in the Malicious Injuries Book and retain the documents in his or her custody.
Lodgments in court
8. A lodgment made under section 16 (2) of the Principal Act shall be made not later than seven days before the date fixed for the hearing of the application and the provisions of Order 41 of these Rules relating to lodgments shall mutatis mutandis apply to such lodgment, but a notice of intention to defend shall not be required.
Appeals to the Circuit Court
9. (1) The provisions of Order 101 of these Rules relating to appeals to the Circuit Court and the forms therein prescribed shall mutatis mutandis apply to every appeal, including an appeal by a ratepayer, taken under section 17 of the Principal Act.
(2) The Court may exempt an appellant from the requirement to enter into a recognisance for appeal against a decision on an application for compensation under the Principal Act as amended by the Act of 1986.
Cases stated to the Supreme Court
10. The procedure to be followed in relation to cases stated for the opinion of the Supreme Court under section 18 of the Principal Act are contained in Order 102 of these Rules.
Non-compliance with rules
11. Non-compliance with any of the foregoing rules of this Order shall not render any proceedings void unless the Court shall so direct.
Court may extend time, set aside, amend, etc.
12. The Court may, in relation to any act or proceedings under the Acts or under this Order, extend the time for, set aside either wholly or in part, amend or otherwise deal with in such manner and on such terms as the Court may think just, such act or proceedings.