The Gazette 1921-25

The Gazette of the Incorporated Law Society of Ireland.

JANUARY, 1924

36

Damage to Property Compensation Act, 1923. The Council submitted to the County Court Judges in the month of December a memorandum in reference to the Schedule of C^osts contained in the Criminal Injuries Rules, 1923, in which attention was directed to the inadequacy of the remuneration prescribed by that Schedule, and in particular to the omission of the fee for preparing the preliminary notice, and to the very limited discretion given to the Judges to make a special order increasing the prescribed costs. As a result of the consideration of this memorandum, amending rules have been made by the Lord Chief Justice of Ireland and the County Court Judges, and these amending rules, dated the first day of January, 1924, were published in the Dublin Gazette of llth January, 1924, and are as set out below. County Courts (Ireland). Local Government (Ireland) Act, 1898, Damage to Property (Compensation) Act, 1923 : and Damage to Property (Amend ment) Act, 1923. RULES OF COURT. 1. In all cases where the amount of com pensation recovered exceeds £10, there shall be included in the Schedule of Costs payable to Applicant's Solicitor the items set out in the Schedule hereto. 2. The provision as to " Special Orders " contained in the Schedule to the Criminal Injuries Rules, 1923, is hereby revoked, and in lieu thereof the power to make " Special Orders " shall be as set out in the Schedule hereto. 3. On the hearing of any application for compensation, where, under Sec. 12 of the Damage to Property (Compensation) Act, 1923, a Commission or Request has been applied for to take evidence, the Judge may allow to or against any party such sum for costs in respect of the application therefor, and, if the application be granted, such sum for costs and expenses of the Commission

or Request (as the case may be) as he may deem just and reasonable. 4. Form No. 12 in the Schedule to the " Criminal Injuries Rulesj 1923," omitting therefrom, and from the title thereof, all reference to "reopening and rehearing a former decree " shall be used as the form of Decree in other cases of compensation for injury to property ; and said Form No. 12 so amended shall be adapted accordingly, with or without full or partial reinstatement conditions, as the nature of the Order may require. 5. These Amending Rules shall be cited as the " Criminal Injuries Amending Rules, 1924." SCHEDULE.

the amount of

/Where

recovered

compensation I does not | Fifteen Shillings. exceed

£50.

the amount of

For preparing Statutory j Where Declaration and Prelim- compensation

recovered

(where', exceeds £50 but does not

Notice

inary

exceed £100. One pound Where the amount of compensation exceeds £100. One pound and ten shillings.

necessary) and advising thereon.

SPECIAL ORDERS. In all cases in which Solicitors' charges, costs, and expenses have not been provided for, or in which having regard to the work actually performed or the peculiar difficulty or complexity of the case, the allowances in the costs Schedule shall appear to the Judge to be inadequate, he may, in such exceptional cases, make a special Order, allowing such costs, charges, and expenses as he may think just and reasonable, provided always that such additional special allowance shall in no case exceed £20. ALL communications connected with THE GAZETTE (other than advertisements) should be addressed to the Secretary of the Society, 33 Molesworth Street, Dublin.