The Gazette 1989

JANUARY 1989

GAZETTE

or after 31st December 1992. As from that date the MIBI will pay compensation for property damage caused by uninsured (including stolen) vehicles. This will not how- ever, include damage caused by unidentified or untraced drivers. Practitioners should note that claims must be made by registered post to the MIBI within 3 years from the date of the accident giving rise to the death or personal injury. When compensation for property damages becomes payable claims will have to be brought within 1 year of the accident. • Company Law Registration of Charges Practitioners should be aware that there is considerable delay in the Companies Office in the processing of form 47 (the form giving particu- lars of a charge pursuant to Section 99 of the Companies Act, 1963). The form 47 and the issuance of the certificate of the charge does not appear on the relevant com- pany's file in the Companies Office for approximately two months from the date of the delivery of particu- lars of the charge. Anybody there- fore examining a company's file in the Companies Office might not have notice of a charge created but not yet filed. This could have serious implications for both a solicitor and his client. The practice in the Companies Office is to immediately record all forms delivered to it on the com- puterised print out for each company. The fact that a charge has been created will therefore be shown on this record though not on the company's file. It is therefore essential that when making a Companies Office search an examination be made of the computer print out of the particular company as well as the company file This will indicate that a charge has been created, though of course the details thereof will not be avail- able until the filing on the particular company's file has been completed. The Company Law Committee are in constant communication with the Companies Office about this and other such areas of practical difficulty. The Committee welcomes prac- titioners' observations or comments on any aspects of Company law or practice which may be of concern to them. Michael Irvine, Chairman, • Company Law Committee 17

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. 377/86). 7. Proceedings may also be brought in Dun Laoghaire and Swords District Courts on the appropriate Civil Days for the transaction of such pro- ceedings. Information can be obtained from the District Court Clerk in Swords and Dun Laoghaire in this regard. * In Proceedings where notice of intention to defend has been lodged defended dates are given for Court 9 or 10. Undefended actions for 2(a) above are put back for an Undefended hearing. • People who suffer personal injuries in road accidents caused by "hit and run" drivers will have enhanced protection as from 31st December 1988. As the result of the imple- mentation of the Second Directive on Motor Insurance 84/5/EEC victims of such accidents occurring on or after 31st December 1988 will have a right to compensation for personal injuries incurred in road accidents involving vehicles whose drivers are unidentified or untrace- able or found to be uninsured. Compensation will be payable by the Motor Insurers Bureau of Ireland (MIBI). Under the terms of the new agreement reached between the Minister for the Environment and the MIBI, injured parties will no longer have to obtain a judgement against the uninsured driver but can apply directly to the MIBI for compensation. Injured parties will also have a right of redress to the Courts where they have been refused compensation or consider the compensation offered to be inadequate. In addition an uninsured driver who suffers personal injuries in a collision with a vehicle driven by another uninsured driver will in future be entitled to compensation. A further extension of the liability of the MIBI will come into force in respect of accidents occurring on 1992 and the Hit and Run Driver EEC Directive leeds to new MIBI Agreement

Pract ice No t es

Civil Proceedings in the District Court, Dublin. 1. All such proceedings should be headed - Dublin Metropoli- tan District. 2. (a) Civil proceedings for a simple debt, Tort, Breach of Contract should always be listed for Court No. 7, Dolphin House, Essex Street, Dublin 2, at 10.30a.m. on Mondays only.* (b) Enforcement proceedings, i.e. Examination Orders and Committal Summonses are issued for Court 9, Dolphin House on Thursdays and Fridays respectively. 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 Plaintiff's 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 Judgment.* 4. All District Court proceedings must show jurisdiction on the face of the document, i.e. (a) The Contract was made within said District; (b) The defendant resides within said District; (c) The Tort occurred within said District. 5. The territorial jurisdiction of the Dublin Metropolitan District comprises of Dublin City and County and part of Co. Kildare