The Gazette 1989

A pril 1989

GAZETTE

same, however, it is important that practitioners should be aware of the possibility. The Committee has noted that the time of sending of many fax messages between solicitors is inaccurate in that solicitors have not asked their suppliers to alter the setting of the machine to take account of the change from winter time to summer time. 2. Fax transmissions once received can fade in the following circum- stances: (a) if left in conditions of damp- ness; (b) if left in strong sunlight; (c) if left near a heater; and (d) as a result of efflux of time. Accordingly, impo r t ant fax messages should be photo- copied immediately on receipt to avoid their loss. 3. The Litigation Committee of the Society wi shes to remind members that letters trans- mitted by fax should also be posted. Technology Committee end Litigetion Committee Promulgation of the new Bye- laws of the Law Society The new Bye-laws of the Incorporated Law Society of Ireland were ordained and made (without dissent) at the Half-Yearly General Meeting of the Society (held at the Hotel Europe, Killarney, Co. Kerry) on Friday, 5th May, 1989, and thereupon became effective. The previously existing bye-laws of the Society are now rescinded and have no further effect, without prejudice to the validity of any act or thing previously carried out, done, made or suffered pursuant to such rescinded bye-laws. Each member of the Society will receive a punched loose-leaf copy of these new Bye-laws. If any member of the Society wishes to have a bound (unpunched) copy of the new Bye-laws, please apply to Chris Mahon, Director, Professional Services, Law Society, Blackhall Place, Dublin 7. •

(b) The defendant resides within said District. 5. The territorial jurisdiction of the Dublin Metropolitan District comprises of Dublin City and County and part of Co. Kildare which formerly was in the Lucan District Court Area. (See District Court Areas Order 1961). Rathmichael in South Co. Dublin is in Bray D.C.A. 6. The costs in the District Court are set out by reference to S.I. 218/82 and the Fees Order, 1986. (S.I. No. 377/86).

Practice Notes

Signed: A. Donnelly (D.C.C.) District Court Clerk, 24th May, 1989. Metropolitan District Court, Civil Office, Dolphin House, East Essex St., Dublin 2. Phone 725555, Ext. 604

Civil Proceedings in the District Court, Dublin 1- All such proceedings should be headed - Dublin Metropolitan District 2. (a) Civil proceedings for a simple debt, Tort, Breach of Contract should always be listed for Court No. 7, Dolphin House, Essex St., Dublin 2, at 10.30 a.m. on Mondays only. (b) Ejectment proceedings are listed by the office for Court 10, Thursdays - 2.15 p.m. 3. (a) In cases for a simple debt the following procedure applies:- The District Court Civil Office gives the return date and the record number in that proceedings. This record No. is placed on the original civil process, the copy civil process for the Plaintiffs Solicitor and this same number is also put on the notice of intention to defend on the process for service on the defendant. This record No. should always be quoted when bespeaking a decree by way of Summary Judgement. (b) Enforcement proceedings (1926-1940 Acts) may be brought in Swords, Dun Laoghaire or Dolphin House, depending on address of debtor. 4. All District Court proceedings must show jurisdiction on the face of the document, i.e. (a) The Contract was made within said District.

R.T.A. Fee Scale (Operative to the end of 1989) a) Attending Court (guilty plea) £52.00 b) Attending Court (Section 52 defence) £71.50 c) Attending Court (Section 53 defence) £89.50 d) Attending to observe proceedings - to be negotiated. e) Attending Coroner's inquest - to be negotiated. f) Report on proceedings £52.00 Fax Transmissions The Technology Committee would like to draw the attention of practitioners to the following aspects of fax transmissions which should be borne in mind: 1. It is possible for a sender to falsify both the time and date that a fax transmission was sent and it is also possible for the sender of such a transmission to falsify the origin of the fax trans- mission. This can only be done if the sender has a knowledge of the workings of a fax machine and deliberately interferes wi th

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