The Gazette 1995

GAZETTE

I

'

|

!

_

_

OCTOBER 1995

P R A C T I C E

N O T E S

Books of Pleadings: A book of pleadings will clearly be required for the Judge who is to try the matter. The practice varies from Circuit to Circuit. In default of there being any practice, the recommendation of the Litigation Committee is that the party serving the Notice of Trial should have available to lodge on the Trial date a full book of pleadings, set out chrono- logically and in legible form. This books of pleadings can be handed in on the day, unless the Court otherwise directs. Renewal of Civil Bills: The Civil Bill shall be in force for 12 months after the date of issue. The Plaintiff prior to the expiration of that 12 months, may apply to the County Registrar to renew the Civil Bill. If the 12 months has expired an application to extend time to renew must be made to the Court. When an application to renew is made, either the Court or the County Registrar (as appropriate) must be satisfied that reasonable efforts have been made to serve the Defendants. On satisfying the County Registrar or the Court the document may be renewed for another six months. The Defendant, where a Civil Bill has been renewed, may serve a Notice of Motion to set aside such Order prior to entering an Appearance. Service of Civil Bills: Service in the normal course of events will be by registered post, save if there is a Summons Server appointed to the area. The Summons Server's fee where one has been appointed is £25.00. Lodgements A Defendant may at the time of entering an Appearance made a Lodgment which he alleges is sufficient to satisfy the Plaintiffs claim. Such lodgment may

also be made at any time after the Entry of an Appearance, but in any event, no later than: Dublin Circuit - At least eight weeks before the hearing date mentioned in the Notice of Trial Outside Dublin - At least eight weeks before the date on which the case is first due to be heard. The practice of making notional lodgements should be discontinued. No possible advantage now derives from the making of a notional lodgment. Motions for Judgment in Default of Defence There are consequential amendments to the procedure for obtaining Judgment in default of Defence in the office. The Plaintiff or his solicitor must lodge an Affidavit verifying that an Appearance has been entered and no Defence has been delivered. This takes the place of the former Certificate of No Defence. The Affidavit regarding the non- delivery of the Defence must be enclosed with the Notice of Motion. Other Provisions It is recommended that practitioners should familiarise themselves in full with Statutory Instrument 216/95. Section 4(5) Value-Added Tax 1972 Effect of Section 122(A), (B) Finance Act 1995 When a supply of property is liable to VAT the charge extends to the whole of the property, including the site. No difficulty should arise in this regard when a purchaser is dealing with a single vendor. A difficulty could arise when a purchaser acquires his interest in the site from one person and has contracted with another person to carry out the building work on the site. 283

New Circuit Court Rules

Statutory Instrument No. 216/1995 came I into existence on the 1st October 1995. These new Rules provide for changes in procedure in the following areas: (a) The issue of Civil Bills and other originating documents prior to service. (b) Renewal of Civil Bills. (c) Lodgment procedures. (d) Delivery of Defence without the necessity of lodging same in the Circuit Court Office, with consequent changes in applications for Judgment in default of Defence and applications "for summary Judgment. Issues of Civil Bill ! The Rules provide that every Civil Bill or originating document must be issued from the Circuit Court office. It will be sealed, dated and marked with the Record Number. It must be accompanied by a copy and a Request for Entry. It will j then be returned to the solicitor for service in the normal way. Some County Registrars have suggested that the issue of Civil Bills will be expedited if practitioners were to enclose an j addressed envelope with the Civil Bill. Appearance in the usual way, that is by filing same with the County Registrar and serving it on the Plaintiffs solicitor. No further pleadings are filed by either party, in other words it is not necessary to file the Request for Particulars, the i Replies to Particulars, nor is it necessary for the Defendant to file the Defence. i These documents are, of course, : exchanged between the parties, but not filed in the Circuit Court Office. ! Filing of Documents: The Defendant's solicitor enters an

The Notice of Trial is filed in the Circuit Court Office and of course served on the other party.