Courts Act, 1981
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: —(1) In this Act—
“the Act of 1924” means the Courts of Justice Act, 1924 ;
“the Act of 1936” means the Courts of Justice Act, 1936 ;
“the Act of 1961” means the Courts (Supplemental Provisions) Act, 1961 ;
“the Act of 1971” means the Courts Act, 1971 .
(2) A reference in this Act to any other enactment shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended or applied by or under any other enactment including this Act.
num: 2
paragraphs: —(1) The Third Schedule to the Act of 1961 is hereby amended—
(a) by the deletion of paragraph (a) in column (3) at reference numbers 18, 20, 21, 22, 24, 25, 26, 27 and 28,
(b) by the substitution of “£15,000” for “£2,000” (inserted by the Act of 1971) in each place in the said column (3) where it occurs,
(c) by the substitution of “£7,500” for “£1,000” (inserted by the Act of 1971) in the said column (3) at reference number 14, and
(d) by the substitution of “£200” for “£100” (inserted by the Act of 1971) in each place in the said column (3) where it occurs.
num: 3
paragraphs: — Section 12 of the Married Women's Status Act, 1957 , is hereby amended by the substitution of the following subsection for subsection (3):
“(3) Where the rateable valuation of the land exceeds £200 and the application is made to the Circuit Court, that Court shall, if a defendant or respondent so requires before the hearing thereof, transfer the proceedings to the High Court, but any order made or act done in the course of such proceedings before such transfer shall be valid unless discharged or varied by order of the High Court.”.
num: 4
paragraphs: — Section 6 of the Succession Act, 1965 , is hereby amended by the substitution of the following subsection for subsection (3):
“(3) Unless the necessary parties to the proceedings in a cause sign, either before or at any time during the hearing, the form of consent prescribed by rules of court, the Circuit Court shall not, by virtue of subsection (2), have jurisdiction where the estate of the deceased person, in so far as it consists of real estate of which, at the time of his death, he was beneficially seised or possessed, exceeds the rateable valuation of £200.”.
num: 5
paragraphs: —There shall be vested in the Circuit Court the jurisdiction specified in section 7 of the Matrimonial Causes and Marriage Law (Ireland) Amendment Act, 1870 , in respect of divorce a mensa et thoro.
num: 6
paragraphs: —Section 77 of the Act of 1924 is hereby amended—
(a) by the substitution of the following clauses for clauses (i) to (iii) (inserted by the Act of 1971) of paragraph A:
“(i) in contract, breach of contract, tort (except slander, libel, criminal conversation, seduction, slander of title, malicious prosecution and false imprisonment) and claims for damages unconnected with contract, where the claim does not exceed £2,500:
Provided that the decision of a justice of the District Court in a case in which a question of title to land is in issue shall not operate as an estoppel in or bar to a suit in any court in relation to such land;
(ii) in ejectment for non-payment of rent or overholding in any class of tenancy where the rent does not exceed such sum as amounts or might amount to £2,500 per annum;
(iii) in proceedings at the suit of the State or any State authority (within the meaning of the Courts (Supplemental Provisions) Act, 1961 ) or any officer thereof to recover any sum not exceeding £2,500 due to or recoverable by or on behalf of the State whether by way of penalty, debt or otherwise, and notwithstanding any enactment now in force requiring such sum to be sued for in the High Court or other superior court;”, and
(b) by the substitution of “£2,500” for “£250” in clause (v) (inserted by /the Act of 1936).
num: 7
paragraphs: — Section 22 (1) of the Enforcement of Court Orders Act, 1926 , is hereby amended by the substitution of “£2,500” for “two hundred and fifty pounds” (inserted by the Act of 1971).
num: 8
paragraphs: —(1) Section 19 of the Hire-Purchase (Amendment) Act, 1960 , is hereby amended by the substitution of “£2,500” for “two hundred and fifty pounds” (inserted by the Act of 1971) in subsections (1) and (2).
(2) Section 33 (4) (a) of the Act of 1961 is hereby amended by the substitution of “£2,500” for “two hundred and fifty pounds” (inserted by the Act of 1971).
num: 9
paragraphs: — Section 50 (b) of the Rent Restrictions Act, 1960 , is hereby amended by the substitution of “£2,500” for “£315” (inserted by the Act of 1971) in subparagraph (ii).
num: 10
paragraphs: —Section 33 (3) of the Act of 1961 is hereby amended by the substitution of “£2,500” for “two hundred and fifty pounds” (inserted by the Act of 1971).
num: 11
paragraphs: — Section 10 of the Hotel Proprietors Act, 1963 , is hereby amended—
(a) by the substitution of “£15,000” for “£2,000” (inserted by the Act of 1971) in subsection (1), and
(b) by the substitution of “£2,500” for “£250” (inserted by the Act of 1971) in subsection (2).
num: 12
paragraphs: —The Family Law (Maintenance of Spouses and Children) Act, 1976 , is hereby amended by the substitution of the following section for section 23:
“23. (1) Subject to subsection (2) of this section, the Circuit Court and the District Court shall have jurisdiction to hear and determine proceedings under sections 5 , 6 , 7 and 9 of this Act.
(2) (a) The District Court and the Circuit Court, on appeal from the District Court, shall not have jurisdiction to make an order under this Act for the payment of a periodical sum at a rate greater than £100 per week for the support of a spouse or £30 per week for the support of a child.
(b) Subject to paragraph (d) of this subsection, nothing in subsection (1) of this section shall be construed as conferring on the District Court or the Circuit Court jurisdiction to make an order or direction under section 5 , 6 , 7 or 9 of this Act in any matter in relation to which the High Court has made an order or direction under any of those sections.
(c) Subject to paragraph (d) of this subsection, nothing in subsection (1) of this section shall be construed as conferring on the District Court jurisdiction to make an order or direction under section 5 , 6 , 7 , or 9 of this Act in any matter in relation to which the Circuit Court (except on appeal from the District Court) has made an order or direction under any of those sections.
(d) The District Court and the Circuit Court may vary or revoke an order or direction made by the High Court under section 5 , 6 , 7 or 9 of this Act before the commencement of section 12 of the Courts Act, 1981, if—
(i) the circumstances to which the order or direction of the High Court related have changed other than by reason of such commencement, and
(ii) in the case of a variation or revocation of such an order or direction by the District Court, the provisions of the order or direction would have been within the jurisdiction of that Court if the said section 12 had been in operation at the time of the making of the order or direction.”.
num: 13
paragraphs: — Section 10 of the Family Home Protection Act, 1976 , is hereby amended—
(a) by the substitution of the following subsection for subsection (4):
“(4) Where the rateable value of the land to which the procedings relate exceeds £200 and the proceedings are brought in the Circuit Court, that Court shall, if a defendant so requires before the hearing thereof, transfer the proceedings to the High Court, but any order made or act done in the course of such proceedings before such transfer shall be valid unless discharged or varied by order of the High Court.”,
and
(b) by the substitution of “£2,500” for “£1,000” in subsection (5).
num: 14
paragraphs: —Section 19 of the Act of 1971 is hereby amended by—
(a) the substitution of the following subsection for subsection (2):
“(2) (a) Subject to subsection (3) of this section, the Circuit Court shall, concurrently with the District Court, have jurisdiction to hear and determine proceedings under the said Illegitimate Children (Affiliation Orders) Act, 1930 , and the said Act shall apply with any necessary modifications and adaptations, in relation to any such proceedings in the Circuit Court, or on appeal therefrom in the High Court.
(b) Rules of Court shall provide for the conduct of proceedings in the Circuit Court under the said Act in a summary manner.”, and
(b) the substitution of the following subsection for subsection (3):
“(3) (a) The District Court and the Circuit Court, on appeal from the District Court, shall not have jurisdiction to make an order under the said Act for the payment of a periodical sum exceeding £30 per week for the maintenance and education of a child.
(b) Subject to paragraph (c) of this subsection,
nothing in this section shall be construed as conferring—
(i) on the District Court jurisdiction to make an order under the said Act in any matter in relation to which the High Court or Circuit Court has made an order there-under, or
(ii) on the Circuit Court jurisdiction to make an order under the said Act in any matter in relation to which the High Court has made an order thereunder.
(c) The District Court and the Circuit Court may vary or revoke an order made by the High Court under the said Act before the commencement of section 14 of the Courts Act, 1981, if—
(i) the circumstances to which the order of the High Court related have changed other than by reason of such commencement, and
(ii) in the case of a variation or revocation of such an order by the District Court, the provisions of the order would have been within the jurisdiction of that Court if the said section 14 had been in operation at the time of the making of the order.”.
num: 15
paragraphs: —(1) The Guardianship of Infants Act, 1964 , is hereby amended—
(a) by the substitution of the following section for section 5:
“5.—(1) Subject to subsection (2) of this section, the jurisdiction conferred on a court by this Part may be exercised by the Circuit Court or the District Court.
(2) The District Court and the Circuit Court, on appeal from the District Court, shall not have jurisdiction to make an order under this Act for the payment of a periodical sum at a rate greater than £30 per week towards the maintenance of an infant.
(3) The jurisdiction conferred by this Part is in addition to any other jurisdiction to appoint or remove guardians or as to the wardship of infants or the care of infants' estates.”,
(b) by the substitution in section 13 of the following definition for the definition of “the court”:
“‘the court’ means the Circuit Court or the District Court;”, and
(c) by the substitution in section 18 (1) of “Circuit Court” for “court”.
(2) (a) Subject to paragraph (c) of this subsection, nothing in the Guardianship of Infants Act, 1964 , as amended by subsection (1) of this section, shall be construed as conferring on the District Court jurisdiction to make an order under Part II or III of that Act in relation to which the High Court or the Circuit Court (except on appeal from the District Court) has made an order under the said Part II or the said Part III.
(b) Subject to paragraph (c) of this subsection, nothing in the Guardianship of Infants Act, 1964 , as amended by subsection (1) of this section, shall be construed as conferring on the Circuit Court jurisdiction to make an order under Part II or III of that Act in relation to which the High Court has made an order under the said Part II or the said Part III.
(c) The District Court and the Circuit Court may vary or revoke an order made by the High Court under the said Part II or the said Part III before the commencement of this section if—
(i) the circumstances to which the order of the High Court related have changed other than by reason of such commencement, and
(ii) in the case of a variation or revocation of such an order by the District Court, the provisions of the order would have been within the jurisdiction of that Court if this section had been in operation at the time of the making of the order.
num: 16
paragraphs: —(1) The jurisdiction under the Illegitimate Children (Affiliation Orders) Act, 1930 , the Guardianship of Infants Act, 1964 , the Family Law (Maintenance of Spouses and Children) Act, 1976 , and section 5 of this Act conferred on the Circuit Court shall be exercised by the judge of the circuit where any party to the proceedings ordinarily resides or carries on any profession, business or occupation.
(2) Notwithstanding anything contained in section 79 of the Courts of Justice Act, 1924 , and, as respects proceedings under the Illegitimate Children (Affiliation Orders) Act, 1930 , section 2 of the latter Act, proceedings under the latter Act, the Guardianship of Infants Act, 1964, and the Family Law (Maintenance of Spouses and Children) Act, 1976 , may be brought, heard and determined before and by a justice of the District Court for the time being assigned to the District Court district where any party to the proceedings ordinarily resides or carries on any profession, business or occupation.
num: 17
paragraphs: —(1) In any action of tort or of breach of promise of marriage commenced and heard in the High Court, being an action where the amount of the damages recovered by the plaintiff exceeds £2,500 but does not exceed £7,500, the plaintiff shall not be entitled to recover more costs than whichever of the following amounts is the lesser, that is to say, the amount of such damages or the amount of costs which he would have been entitled to recover if the action had been commenced in the Circuit Court, unless the judge hearing the action grants a special certificate under this section.
(2) In any action for the recovery of a liquidated sum, being an action where the amount recovered by the plaintiff exceeds £2,500 but does not exceed £7,500, the plaintiff shall not be entitled to recover more costs than he would have been entitled to recover if the action had been commenced in the Circuit Court.
(3) In any action for the recovery of a liquidated sum, being an action where the amount recovered by the plaintiff does not exceed £2,500, the plaintiff shall not be entitled to recover more costs than he would have been entitled to recover if the action had been commenced in the District Court.
(4) Where an order is made by a court in favour of the plaintiff or applicant in any proceedings (other than an action specified in subsections (1) to (3) of this section) and the court in which the proceedings were commenced is not the lowest court having jurisdiction to make an order granting the relief (which expression includes in this section damages) the subject of the order, the plaintiff shall not be entitled to recover more costs than he would have been entitled to recover if the proceedings had been commenced in the said lowest court unless the order is made by a judge and the judge grants a special certificate under this section.
(5) Where a judge hears any action referred to in subsection (1) of this section or makes an order of the kind referred to in subsection (4) of this section, he may, on the application of the plaintiff or applicant in the proceedings made immediately upon the determination of the hearing relating to the action or order, grant a special certificate in writing that, in the opinion of such judge, it was reasonable in the interests of justice generally, owing to the exceptional; nature of the proceedings or of any question of law contained therein, that the proceedings should have been commenced in the court in which they were commenced.
(6) It shall not be lawful for rules of court to contain or impose any restriction on the amount of the costs recoverable by any party from any other party in any action or other proceeding, but nothing in this subsection shall prevent the insertion in rules of court of a restriction on the amount of the costs recoverable which is identical with a restriction imposed by this section nor the fixing by rules of court of the amount recoverable by any person as and for the costs and expenses incurred by him in the doing of any specified thing in any particular form of action or other proceeding.
num: 18
paragraphs: —(1) (a) If, during any period, the Chief Justice is unable owing to illness or for any other reason to transact the business of his office or the office of Chief Justice is vacant, all jurisdictions, powers, authorities and functions for the time being vested in him by virtue of his office, other than the power of determination specified in section 7 (4) of the Courts (Supplemental Provisions) Act, 1961 , shall be exercised or performed by the President of the High Court or, if the President of the High Court is unable owing to illness or for any other reason to exercise or perform the said jurisdictions, powers, authorities and functions, or if there is a vacancy in the office of President of the High Court, by the senior ordinary judge of the Supreme Court who is for the time being available.
(b) The power of determination conferred by section 7 (4) of the Courts (Supplemental Provisions) Act, 1961 , on the Chief Justice and exercisable in his absence, by virtue of that provision, by the senior ordinary judge of the Supreme Court for the time being available shall also be exercisable by the latter judge if the office of Chief Justice is vacant.
(2) If, during any period, the President of the High Court is unable owing to illness or for any other reason to transact the business of his office or the office of President of the High Court is vacant, all jurisdictions, powers, authorities and functions for the time being vested in him by virtue of his office, other than those conferred on him by subsection (1) of this section, shall be exercised or performed by the senior ordinary judge of the High Court who is for the time being available.
(3) If, during any period, the President of the Circuit Court is unable to act or the office of President of the Circuit Court is vacant, then, during that period, all powers, authorities and functions for the time being vested in him by virtue of his office shall be exercised or performed by the senior judge for the time being available of the judges of the Circuit Court permanently assigned to the Dublin Circuit.
(4) If, during any period, the President of the District Court is unable to act or the office of President of the District Court is vacant, then, during that period, all powers, authorities and functions for the time being vested in him by virtue of his office shall be exercised or performed by the senior justice of the District Court for the time being available of the justices of the District Court permanently assigned to the Dublin Metropolitan District.
num: 19
paragraphs: —(1) Section 26 of the Debtors (Ireland) Act, 1840 , is hereby amended by the substitution of “11” for “four pounds”.
(2) Section 47 (1) of the Act of 1961 is hereby amended by the insertion of “or decree of the District Court” after “the Circuit Court”.
num: 20
paragraphs: —(1) Subject to subsection (2) of this section, the Minister for Justice may, if he is satisfied that the rate of interest per annum for the time being standing specified in section 26 of the Debtors (Ireland) Act, 1840 , ought, having regard to the level of rates of interest generally in the State, to be varied, make an order varying the rate of interest so standing specified and the said section 26 shall have effect in accordance with the terms of any such order.
(2) An order under this section shall not come into operation within 2 years of the commencement either of section 19 (1) of this Act or of a previous order made and not annulled under this section.
(3) Every order under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
num: 21
paragraphs: — Section 27 of the Debtors (Ireland) Act, 1840 , shall apply to—
(a) decrees and orders of the Circuit Court providing for the payment of costs, charges and expenses, and
(b) the persons to whom such payments are required to be made,
as it applies—
(c) to decrees and orders of the Court of Chancery referred to in that section providing for such payments, and
(d) to the persons to whom such latter payments are required to be made.
num: 22
paragraphs: —(1) Where in any proceedings a court orders the payment by any person of a sum of money (which expression includes in this section damages), the judge concerned may, if he thinks fit, also order the payment by the person of interest at the rate per annum standing specified for the time being in section 26 of the Debtors (Ireland) Act, 1840 , on the whole or any part of the sum in respect of the whole or any part of the period between the date when the cause of action accrued and the date of the judgment.
(2) Nothing in subsection (1) of this section—
(a) shall authorise the giving of interest on interest, or
(b) shall apply in relation to any debt upon which interest is payable as of right whether by virtue of any agreement or otherwise, or
(c) shall affect any damages recoverable for the dishonour of a bill of exchange, or
(d) shall authorise the giving of interest in respect of a period before the passing of this Act, or
(e) shall authorise the giving of interest on damages for personal injuries, or in respect of a person's death, in so far as the damages are in respect of—
(i) any loss occurring after the date of the judgment for the damages, or
(ii) any loss (not being pecuniary loss) occurring between the date when the cause of action to which the damages relate accrued and the date of the said judgment.
(3) In this section—
“damages for personal injuries” includes damages for personal injuries arising out of a contract;
“pecuniary loss” means loss in money or money's worth, whether by parting with what one has or by not getting what one might get;
“personal injuries” includes any disease and any impairment of a person's physical or mental condition;
“proceedings” includes proceedings to which the State or a State authority (within the meaning of the Act of 1961) is a party.
num: 23
paragraphs: —(1) Notwithstanding sections 26 and 27 of the Debtors (Ireland) Act, 1840 , judgments, decrees or orders of any court for the payment of—
(a) an amount not exceeding £150, or
(b) the costs of such a judgment, decree or order,
or both shall not carry interest.
(2) The Minister for Justice may make an order varying the amount for the time being standing specified in subsection (1) (a) of this section and the said subsection (1) (a) shall have effect in accordance with the terms of any such order.
(3) Every order under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
num: 24
paragraphs: —Every decree of the District Court (whether obtained before or after the commencement of this section) shall be deemed to be a judgment entered up in a superior court at Dublin within the meaning and for the purposes of section 6 of the Judgment-Mortgage (Ireland) Act, 1850, and that Act shall apply and have effect in relation to every decree of the District Court accordingly, but with the modification that any such affidavit as is mentioned in the said section 6 made in relation to any such decree shall be filed in the district court office in which such decree is entered in lieu of the superior or other court mentioned in the said section; and any costs entitled to be stated in the said affidavit of filing and registering the said affidavit pursuant to the said section 6 shall not exceed in amount the amount of the decree.
num: 25
paragraphs: —(1) Any decree of the District Court made after the commencement of this section may be registered in the Central Office of the High Court in like manner as a similar judgment of the High Court may be registered in that Office.
(2) The practice and procedure in use in the said Central Office in relation to the registration of judgments of the High Court shall apply to and be followed in relation to the registration under this section of decrees of the District Court.
(3) Where a decree of the District Court for or including costs is registered in the said Central Office under this section, the costs incurred in so registering such decree shall be added to and included in the costs payable under such decree, and accordingly such registration shall extend to the costs so added.
num: 26
paragraphs: —Every decree of the District Court obtained after the commencement of this section shall be deemed to be a judgment of a superior court within the meaning and for the purpose of section 336 of the Irish Bankrupt and Insolvent Act, 1857, and that section shall apply and have effect in relation to every such decree of the District Court accordingly, but with the modification that, in such application of the said section, registration in the Central Office of the High Court under this Act shall be substituted for registration in the office of the registrar of judgments.
num: 27
paragraphs: —The Circuit Court (Registration of Judgments) Act, 1937 , is hereby amended by the deletion in section 2 (3) of “, unless such costs have been computed on the District Court scale,”.
num: 28
paragraphs: —(1) Paragraph (b) of section 49 (1) of the Civil Liability Act 1961 , is hereby amended by the substitution of “£7,500” for “one thousand pounds”.
(2) Subsection (2) of section 18 (inserted by the Air Navigation and Transport Act, 1965 ) of the Air Navigation and Transport Act, 1936 , is hereby amended by the substitution of “£7,500” for “one thousand pounds”.
(3) Subsections (1) and (2) of this section shall not have effect in relation to a cause of action that accrued before the 15th day of October, 1980.
num: 29
paragraphs: Section 35 of the Act of 1936 is hereby amended by the substitution of the following subsection for subsection (2):
“(2) The Chief Justice shall, if and when he thinks proper, travel and sit as a judge of the High Court on Circuit, and every other judge of the Supreme Court shall travel and sit as a judge of the High Court on Circuit when requested by the Chief Justice so to do, and every such other judge when so travelling and sitting shall be an additional judge of the High Court.”.
num: 30
paragraphs: —The Courts Act, 1977 , is hereby amended—
(a) in section 1, by the substitution of the following subsection for subsection (2):
“(2) The number of ordinary judges of the Circuit Court shall not be more than twelve.”, and
(b) in section 2—
(i) by the substitution of the following paragraph for paragraph (a) of subsection (1):
“(a) There shall be five judges of the Circuit Court permanently assigned to the Dublin Circuit.”, and
(ii) by the substitution of the following paragraph for paragraph (a) of subsection (2):
“(a) to the Dublin Circuit if at the date of the appointment there are less than five judges permanently assigned to that circuit, or”.
num: 31
paragraphs: —(1) Subject to subsections (2) and (3) of this section where a person charged with an indictable offence (in this section referred to as “an accused”) is sent forward for trial to the Circuit Court sitting other than within the Dublin Circuit, an application by the prosecutor or the accused to the judge of the Circuit Court before whom the accused is triable to have the trial transferred to the Circuit Court sitting within the Dublin Circuit shall—
(a) in case the party making the application, not less than seven days before making it, notified the accused or the prosecutor, as the case may be, of the application, be granted, and
(b) in any other case, in the discretion of the judge, be either granted or refused, and the decision to grant or refuse the application shall be final and unappealable.
(2) Where—
(a) two or more accused are sent forward for trial to the Circuit Court sitting other than within the Dublin Circuit and it is proposed to try them together, and
(b) an application by one or more, but not all, of the accused under subsection (1) of this section is granted,
an application, without notice to the accused, by the prosecutor to the judge who granted the application to have the trial of one or more of the remaining accused transferred to the Circuit Court sitting within the Dublin Circuit shall be granted.
(3) Where there are less than seven days between the date on which the accused is sent forward for trial and the date of commencement of the trial, an application under subsection (1) of this section shall be granted.
num: 32
paragraphs: —(1) The enactments mentioned in column (2) of Part I of the Schedule to this Act are hereby repealed to the extent mentioned in column (3) of that Schedule.
num: 33
paragraphs: —(1) This Act may be cited as the Courts Act, 1981.
(2) The Courts (Supplemental Provisions) Acts, 1961 to 1979, and this Act may be cited together as the Courts (Supplemental Provisions) Acts, 1961 to 1981.
(3) Sections 2 to 17 , 19 (2), 20 , 21 , 23 and 25 to 27 of this Act shall come into operation on the day that is twelve months after the date of the passing of this Act, but shall not apply in relation to proceedings in any court instituted before that day.
(4) Section 24 of this Act shall come into operation on the day that is twelve months after the date of the passing of this Act.