Circuit Court Rules (No. 2), 1982, (Malicious Injuries Act, 1981).
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: In this Order, "the Act" means the Malicious Injuries Act, 1981 , (No. 9 of 1981).
"Local Authority" has the meaning assigned to it by Section 2 of the Act.
2 Transitional.
num: 2
paragraphs: All applications made or Proceedings taken before these Rules shall have come into effect but which are in accordance with the existing Rules and practice of the Court shall have the same validity as applications made or proceedings taken in accordance with these Rules.
3 Forms.
num: 3
paragraphs: All applications shall be brought in accordance with the in the Schedule of Forms annexed hereto, or such modification thereof as may be appropriate. Every application shall name as respondent the Local Authority upon which the preliminary notice under Section 8 of the Act has been served and shall be dated and bear the name, address and description of the applicant and shall be signed by his solicitor, if any, or if none, by himself.
4 Service.
num: 4
paragraphs: Every application and every notice under Section 10 of the Act shall be served, before filing, by registered post, or in any of the modes in which a Civil Bill may be served, upon the County Secretary or Town Clerk of the Local Authority to be served, provided that such service need not be effected by a Summons Server.
5 Date of hearing.
num: 5
paragraphs: This Rule shall not apply to the Dublin Circuit. Every application shall state the date of commencement of the Sittings at which it is intended that the application shall be listed for hearing, and a copy thereof, with the endorsement of Service thereof shall be filed at the Office by the Applicant not later than twenty-one days before the commencement of such Sittings.
6 Date of hearing (Dublin)
num: 6
paragraphs: This Rule shall apply only to the Dublin Circuit. Every application shall state the date on which it is intended that the application shall be listed for hearing and a copy thereof, with the endorsement of service thereof, shall be filed by the applicant at the Office not later than twenty one days before such date.
7 Notice to join other Local Authority
num: 7
paragraphs: Every notice under Section 10 of the Act shall set out the grounds to be relied upon for a request to the Court that any compensation awarded should be paid wholly or partly out of the funds of the notice party. There shall be attached to and served with every notice under Section 10 a copy of the preliminary notice which has been served upon the Local Authority.
8 Notification to Applicant of certain matters
num: 8
paragraphs: Any Local Authority which intends to seek a reduction or exclusion of compensation pursuant to the provisions of Sub-Section (1) or Sub-Section (3) of Section 12 of the Act shall give to the Applicant seven days notice of its intention to rely upon the same and such notice shall indicate the provision or provisions intended to be relied upon and shall give such particulars in relation thereto as shall adequately inform the Applicant of the nature of the case which the Local Authority intends to make under the said Section. In the case of non-compliance with this Rule the Judge may adjourn the application or deal otherwise with the matter as to him shall seem right.
9 Non-compliance
num: 9
paragraphs: Non-compliance with these Rules shall not render any Proceedings void unless the Court shall so direct.
10 Powers to extend time etc.
num: 10
paragraphs: The powers of the Court shall include power to extend the time for, set aside either wholly or in part, amend or otherwise deal with in such manner and on such terms as the Court shall think just, any act or proceedings under this Act or under this Order.
11 Application for reimbursement of compensation
num: 11
paragraphs: Every application under Section 19 Sub-section 4 of the Act shall be in the form in the Schedule of Forms annexed hereto, or such modification thereof as may be appropriate and shall be served before filing, by registered letter or in any of the modes in which a Civil Bill may be served, provided that such service need not be effected by a Summons Server.
12 Malicious Injuries Book
num: 12
paragraphs: The County Registrar shall keep a book, to be called The Malicious Injuries Book, in which he shall enter each application for compensation for malicious injury in the order in which it shall be received by him, and shall set out therein full particulars of each application and shall enter therein the ruling of the Court in each case.
13 Form of Decree or refusal
num: 13
paragraphs: Every Decree for compensation, or refusal to award compensation, shall state whether it is made with or without costs, and in case it is made with costs, the exact sum payable for costs (including witnesses' expenses) shall be inserted therein. Such Decree or refusal shall be in the appropriate form in the Schedule of Forms.
14 Costs and Expenses
num: 14
paragraphs: The Court shall have power to award costs to and measure the same, or alternatively to direct the same to be taxed by County Registrar, except insofar as the same are provided for by Regulations made under Section 15 Sub-Section 2 of the Act. Such taxation shall be in accordance with such scale as may be prescribed. Any party aggrieved by such taxation may appeal to the Court to have the costs reviewed by it. Witness expenses shall be dealt with in accordance with Order 58 Rule 5.
ORDER 52A
CRIMINAL INJURIES TO THE PERSON
Venue
num: 1
paragraphs: An application for compensation for Criminal Injuries under Section 106 of the Grand Jury (Ireland) Act, 1836, as amended by Section 5 of the Local Government (Ireland) Act, 1898, shall be made in the County where the injury was committed.
Application in case of death
num: 2
paragraphs: In cases where the criminal injury has caused the death of a person, the application shall be made by his legal personal representative provided that the preliminary notice hereinafter required may be served by or on behalf of some one or more of his next of kin.
Preliminary Notice
num: 3
paragraphs: Within fourteen days from the commission of a criminal injury, the applicant, or someone acting on his behalf, shall in all cases cause a preliminary notice of his intention to apply to the Court for compensation to be served on the County Secretary or Town Clerk of the Local Authority for the area where the injury was committed and upon the Member in Charge of the Garda SÃ­ochÃ¡na Station for the place where such injury was committed. Such preliminary notice shall give full particulars of the time and place when and where such injury was committed and shall be in the form in the Schedule of Forms annexed hereto, or such modification thereof as may be appropriate.
Costs and expenses
num: 4
paragraphs: The costs, as between party and party shall be measured by the Court or shall be referred to the County Registrar for taxation according to such scales as may be prescribed. Any party aggrieved by such taxation may appeal to the Court to have the costs reviewed by it. Witness expenses shall be dealt with in accordance with Order 58 Rule 5.
num: 5
paragraphs: Save as is hereinbefore provided, the provisions of Order 52, except Rules 7, 8 and 11 thereof, shall apply, mutatis mutandis, to applications for compensation for criminal injury to the person as they apply to applications for compensation for malicious injury to property.
Rule 2.