The Gazette 1967/71

THE CIRCUIT COURT Eastern Circuit, Co. of Kildare, Division of Naas Adjournment of Opening Date of Hilary Sittings 1971 The opening date of the Hilary Sittings for the Naas Division of the County of Kildare has been adjourned from Monday, 22nd February, to Thursday, 25th February. Patrick J. O'Neill. County Registrar, County Kildare. REPORT ON INTEREST ON JUDGMENT DEBTS The Committee on Court Practice and Proce dure unanimously recommended in its Tenth Report that: — (1) the interest rate on the amount of a judgment debt and costs should be 1 % above the Central Bank re-discount rate prevailing at the time judgment is pronounced or, in the case of judgment obtained by entry in the office, at the date of such entry; (2) the court should have power to fixe the com mencement date for the running of interest on the amount of judgment debt on foot of a judgment pronounced in court—this might be any date from the accrual of the cause of action up to the date of pronouncement of judgment; (3) the court should have power to direct that interest on costs should be allowed from the date of the Taxing Master's cerificate or from any other particular date specified by the court in its order; (4) in the case of a judgment obtained by entry in the office, the commencement date for the running of interest on the amount of the judgment debt should be the date of such entry, and interest on costs should run from the same date if the costs are fixed and from the same date if the costs are fixed costs and from the date of the Taxing Master's cer tificate if the costs have to be taxed; (5) no interest should be allowed on District Court decrees at first instance;

(6) the power mentioned in recommendations (2) and (3) should be exercisable by the High Court and by the Circuit Court whether exer cising original or appellate jurisdiction and by the Supreme Court, and (7) the present position that interest is not pay able on malicious injury awards should re main unchanged. The implementation of these recommen dations will require statutory amendments of the present position. It seems that the rules of court in relation to the Supreme Court or to the High Court and to the Circuit Circuit Court would also require consequen tial alteration. The making of provision for interest on judgment debts may be a matter to be settled by statute only and may not be a matter within the competence of the var ious rule-making bodies. Inland Estate Duty Accounts and other Death Duty accounts relating to the estates of persons dying on or after Deci- may Day (15th February 1971), must be com pleted in decimal form. Where the date of valuation is before 15th February 1971 (e.g. if the date of death is before that date or if the account relates to gifts, re leases, advances or distributions made before that date) the values of properties or the amounts of deductions should be shown in the £ s. d. form. As and from Decilmal Day, all assessments of death duties will be made in £p whether or not the Affidavit or Account has been prepared in £p. In the case of Corrective Affidavits and Cor rective Accounts delivered after 15th February 1971, amounts of assets and deductions "as pre viously shown" should be expressed in £p. It is requested that cheques forwarded to arrive on or after llth February 1971 be made out in decimal form, as decimal accounting will Revenue Affidavits, DEATH DUTIES Decimal Currency

commence on that date. Revenue Commissioners, Dublin, 2. 185