Rules of the High Court and Supreme Court. Solicitors Act Rules, 1955.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Rules may be cited as " The Solicitors Act Rules, 1955 " and shall be read with the Rules of the High Court and Supreme Court and be deemed to be incorporated therewith but shall, so far as inconsistent therewith, amend and alter those Rules accordingly.
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paragraphs: In these Rules—" The Act " means the Solicitors Act, 1954 (No. 36 of 1954).
" The Society " means the Incorporated Law Society of Ireland.
" The Committee " means the Disciplinary Committee constituted in pursuance of section 13 of the act.
" The Office " means the Office of the Registrar of the Supreme Court.
A reference to the Chief Justice shall, where the function or power in question stands delegated under section 6 of the act to a Judge of the Supreme Court or High Court, be construed as a reference to such Judge.
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paragraphs: Service of any document upon the Society under these Rules may be effected by serving the same on the Secretary of the Society or by sending the same by pre-paid registered post addressed to the Secretary of the Society at the Solicitors' Buildings, Four Courts, Dublin.
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paragraphs: The Chief Justice shall in respect of any Appeal or Application to him to which these Rules relate have all the powers as to amendment, enlargement and abridegment of time and otherwise of the High Court and may make such Order as to the whole or any part of the costs of any such Appeal or Application as may be just.
II. APPEALS TO THE CHIEF JUSTICE UNDER SECTION 23 OF THE ACT.
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paragraphs: Every Appeal to the Chief Justice against an Order of the Committee shall be by way of rehearing and be brought by Notice of Motion which shall be a four day Notice and is hereinafter referred to as the " Notice of Appeal." The Notice of Appeal and all proceedings in relation to the Appeal shall be entitled in the matter of the Solicitor to whom the Appeal relates and in the matter of the Act.
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paragraphs: The Notice of Appeal shall state the Order of the Committee against which the Appeal is taken, the grounds of the Appeal and the Order (if any) sought by the applicant in lieu of the Committee's Order.
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paragraphs: The Notice of Appeal shall be served, within 21 days from the date on which the Order of the Committee was pronounced, upon such of the following as shall not be the appellant namely the applicant to the Committee, the Society and the Solicitor to whom the Order of the Committee relates and a copy of such Notice shall be lodged within the time aforesaid with the Clerk to the Committee.
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paragraphs: The Appeal shall be entered by the appellant by lodging a copy of the Notice of Appeal (with the date of service thereof endorsed) in the Office at latest upon the day after the date of the last of the services aforesaid.
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paragraphs: The appellant shall lodge in the Office true copies arranged in book form of the following documents relating thereto, viz. :
(a) the Order against which the Appeal is taken (including the findings of the Committee) ;
(b) the written application to the Committee ;
(c) where an Inquiry has been held by the Committee, the transcript of any evidence given orally at such Inquiry or, if no record of the evidence was taken, the note of the proceedings at such Inquiry taken by the Chairman of the Committee ; and
(d) all affidavits, depositions and other documents (if any) which were put in evidence or used in the proceedings before the Committee.
The copy of the said transcript of evidence to be lodged as aforesaid shall be certified by the person or persons by whom the same was made, to be a true statement of the evidence recorded at the Inquiry and shall be signed by the Chairman of the Committee ; and in case no such record was taken, the copy of the Chairman's note of the proceedings to be lodged as aforesaid shall be signed by him.
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paragraphs: The Appeal shall in so far as any question of fact is involved be heard on the evidence given at or used in the proceedings before the Committee and shall be brought before the Chief Justice by means of the documents referred to in Rule 9. The Chief Justice shall, however, have full discretionary power to receive further evidence upon questions of fact, but such further evidence shall not be admitted without special leave of the Chief Justice and shall be given in such manner, whether orally or by affidavit or otherwise, as the Chief Justice may determine. If the whole or any part of the transcript of evidence or Chairman's note (as the case may be) cannot be produced, the Chief Justice shall have power to hear and determine the Appeal upon any other evidence or statement of what occurred at the Inquiry which the Chief Justice may deem sufficient.
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paragraphs: The Chief Justice shall have power to draw inferences of fact and to give any Judgment and make any Order which ought to have been made and to make such further or other Order as the case may require.
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paragraphs: Where the Appeal has been taken by the Applicant to the Committee or where, in the case of an Application by a Solicitor to procure the removal of his name from the Roll of Solicitors, the Appeal has been taken by a person who objected to the Application, the Chief Justice may in special circumstances order the appellant to make or give such deposit or other security for the costs of the Appeal as may be just.
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paragraphs: An Appeal to the Chief Justice against the refusal of the Committee to suspend the operation of an Order under Section 18 (4) ofthe Act may be made by Motion on Notice or ex-parte, to which the following provisions shall apply :—
(a) Where the Appeal is brought by Motion on Notice, the Notice of Motion shall be a two day Notice and shall be served upon the same persons as a Notice of Appeal against the said Order is required to be served.
(b) Where the Appeal is brought by Motion ex-parte, the Chief Justice may require Notice thereof to be given to such persons and in such manner as he may direct.
(c) The Appeal shall be grounded upon an affidavit or affidavits and shall be entered by the appellant by lodging the said affidavit or affidavits in the Office together with a copy of the Notice of Motion (if any) with the date of service thereof endorsed thereon.
(d) The Chief Justice may make such Order or Orders on the hearing of or in relation to such Appeal as the circumstances may require and in particular may suspend the operation of the Committee's Order upon or subject to such conditions as may be just.
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paragraphs: The Registrar of the Supreme Court shall send to the Registrar of Solicitors a copy of every Order made on any Appeal to the Chief Justice under section 23 of the act.
III. APPEALS AND APPLICATIONS TO THE CHIEF JUSTICE UNDER PARTS IV, V AND VI OF THE ACT.
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paragraphs: Every Appeal or Application to the Chief Justice under Sections 45, 47 (6), 48 (3), 49 (5), 51 (2) or 60 (3) of the Act shall be brought by Notice of Motion which shall be a four day Notice and shall be entitled in the matter of the Apprentice, intending Apprentice or Solicitor to whom the same relates and in the matter of The act.
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paragraphs: The Notice of Motion shall state the Order or decision of the Society or the Registrar of Solicitors (as the case may be) in respect of which the Appeal or Application is brought, the grounds of the Appeal or Application and the Order (if any) sought by the appellant or applicant on such Appeal or Application.
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paragraphs: The Notice of Motion shall be served on the Society or, in the case of an Application under Section 47 (6) of the Act, on the Registrar of Solicitors, within one month from the date on which the appellant or applicant was notified of the Order or decision of the Society or the Registrar (as the case may be).
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paragraphs: The Appeal or Application shall be entered by the appellant or applicant by lodging a copy of the Notice of Motion (with thedate of service thereof endorsed) in the Office at latest upon the day after the date of the service thereof upon the Society or the Registrar of Solicitors (as the case may be). Any affidavit intended to be used in support of the Appeal or Application shall also be lodged in the Office at the same time.
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paragraphs: The evidence upon the hearing of any such Appeal or Application shall be by affidavit, except in so far as the Chief Justice may direct oral evidence to be given.
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paragraphs: The Chief Justice shall have power, subject to the provisions of the Act, to give any decision or make any Order which ought to have been given or made and to make such further or other Order as the case may require.
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paragraphs: In case of an Application to the Chief Justice under Sections 47 (6) or 48 (3), any Order made thereon by the Chief Justice shall be served by the applicant on the Registrar of Solicitors who shall forthwith take all such steps as may be necessary to comply therewith ; and in every other Case, any Order made by the Chief Justice on the Appeal or Application may be served by the appellant or applicant on the Society which shall forthwith take all such steps as may be necessary to comply therewith.