Circuit Court Rules (Funds in Court) 2005
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: The Circuit Court Rules are hereby amended:
(i) by the insertion of the following Order immediately after Order 64:
“Order 64A
Funds in Court
I. Preliminary
num: 1
paragraphs: In this Order:
“Accountant” means the Accountant referred to in section 16 of the Court Officers Act 1926 , or a deputy appointed by the Courts Service;
“Accountant's Office” means the office referred to in section 15 of the Court Officers Act 1926 ;
“Chief Clerk” means the Chief Clerk in the Accountant's Office or a deputy appointed by the Courts Service;
“funds” means moneys, annuities, stocks, shares or other securities;
“Institution” means such company or institution being the holder of a licence to carry on banking business within the State, as the Accountant may in consultation with the President of the Circuit Court, from time to time designate for the purpose of providing to the Accountant current account banking services in respect of moneys to be lodged in Court.
II. Lodgment of Funds in Court
num: 2
paragraphs: (1) The President of the Circuit Court may prescribe categories of proceedings, or of awards or lodgements made in proceedings, in respect of which funds to be paid into Court are to be lodged at the Accountant's Office.
(2) Where the President of the Circuit Court has prescribed a category of proceedings, or of awards or lodgements made in proceedings, for the purposes of sub rule 1 hereof, moneys to be lodged in Court within that category shall be paid in at the Accountant's Office or, where the Accountant directs, at the Institution, and the Accountant or the Institution, as the case may be, shall cause a receipt to be given to the person making the lodgement, and shall send notice of such receipt to the County Registrar by post or in such other manner (including transmission electronically) as the Accountant may determine.
(3) The President of the Circuit Court may prescribe categories of proceedings, or of awards or lodgements made in proceedings, in respect of which funds already paid into Court are to be lodged at the Accountant's Office.
(4) Where the President of the Circuit Court has prescribed a category of proceedings, or of awards or lodgements made in proceedings, for the purposes of sub rule 3 hereof, funds lodged in Court within that category shall be paid in by the County Registrar at the Accountant's Office or, where the Accountant directs, at the Institution in accordance with a timetable fixed by the Accountant in consultation with the County Registrar, and the Accountant or the Institution as the case may be, shall cause a receipt to be given to the County Registrar making the lodgement and shall send such receipt to the County Registrar by post or in such other manner (including transmission electronically) as the Accountant may determine.
(5) Where funds to be paid into Court are to be lodged at the Accountant's Office, cheques for lodgement of moneys shall be made payable to the Accountant.
(6) The Accountant shall cause all moneys paid in at the Accountant's Office pursuant to sub rules 1 or 3 hereof to be lodged with the Institution as soon as is practicable and the Institution shall cause a receipt to issue to the Accountant for every such lodgement.
(7) Where the President of the Circuit Court has prescribed a category of proceedings, or of awards or lodgements made in proceedings, for the purposes of sub rule 1 hereof, securities to be transferred into Court within that category shall be transferred to the account of the Accountant in the books of the Institution, or any company or other body corporate in whose books such securities are registered.
(8) Where the President of the Circuit Court has prescribed a category of proceedings, or of awards or lodgements made in proceedings, for the purposes of sub rule 3 hereof, securities to be transferred into Court within that category shall be transferred to the account of the Accountant in the books of the Institution, or any company or other body corporate in whose books such securities are registered.
(9) The forms for the time being prescribed by the Rules of the Superior Courts for use in the Accountant's Office shall, where applicable or appropriate and with such variations or modifications as may be necessary, be used in respect of any category which has been prescribed by the President of the Circuit Court for the purposes of sub rules 1 or 3 hereof.
(10) Where funds to be paid into Court are to be lodged at the Accountant's Office, a direction for lodgement pursuant to an order shall, save where a direction for lodgement of funds is transmitted electronically pursuant to sub rule 12 hereof, be issued by the Accountant upon receipt from the County Registrar of a certified copy of the order, or, where the Accountant permits, a document containing such particulars, in such form and authenticated in such manner as the Accountant may from time to time prescribe.
(11) Where funds to be paid into Court are to be lodged at the Accountant's Office, a lodgement of funds in Court not directed by an order may be made upon a direction to the Institution or other company or body corporate, to be issued by the Accountant upon a request for lodgement signed by or on behalf of the person desiring to make such lodgement.
(12) A direction pursuant to an order of the Court or of the County Registrar may be transmitted by the County Registrar to the Accountant electronically in such form and manner and subject to such conditions and exceptions as the President of the Circuit Court may from time to time direct.
(13) An order containing a direction for lodgment of funds in court shall, within 14 days of the making of the order, be taken up by the plaintiff or other party for whose benefit the lodgement is to be made and served by that party by registered post on the defendant or other party required to make the lodgement.
(14) The defendant or other party directed to make a lodgement of funds in court shall lodge the funds concerned in court within 28 days of service upon that party of the order directing such lodgement.
num: 3
paragraphs: (1) In respect of any category of proceedings or of awards or lodgements made in proceedings, which has not been prescribed by the President of the Circuit Court for the purposes of sub rules 1 or 3 of Rule 2 of this Order the Accountant may, in consultation with the County Registrar for the county concerned, prescribe a bank or other institution, being the holder of a licence to carry on banking business within the State, at which moneys to be lodged in court shall be paid in.
(2) Where the Accountant has in respect of a county, prescribed a bank in accordance with and for the purposes of sub rule 1 hereof, moneys to be lodged in court within any category to which that sub rule refers shall be paid in at such bank or institution, and the bank or institution shall cause a receipt to be given to the person making the lodgement.
num: 4
paragraphs: (1) A person required to make a lodgement in court pursuant to an order, shall be at liberty to make the same without further order, notwithstanding that the order may not have been served, or the time thereby limited for making such lodgement may have expired.
(2) Where the time limited for making such a lodgement has expired, the person required to make the lodgement shall pay into court an additional sum by way of interest upon the amount to be lodged at such judgment interest rate as was operative at the latest date the lodgment was required to have been made.
(3) If any sum of money has by reason of such default become payable by such person for interest, or in respect of dividends or otherwise he shall be at liberty to lodge in Court such further sum upon a request signed by or on behalf of the person desiring to make such lodgment; provided that any such subsequent lodgment shall not affect or prejudice any liability process, or other consequence to which such person may have become subject by reason of his default in making the same within the time so limited.
III. Investment
num: 5
paragraphs: (1) Where moneys lodged with the Accountant are directed or required to be invested such investment shall, subject to sub rule 2 hereof, be held in the name of the Accountant.
(2) Where moneys lodged with the Accountant are directed or required to be invested, such investment may be held, as to the whole or part or parts thereof, in the name of such nominee or nominees and sub nominee or sub nominees as the Accountant may, with the approval of the President of the Circuit Court, specify.
(3) Where the Accountant is directed or required to sell, encash or otherwise realise an investment he shall give all such necessary directions for that purpose as soon as may be and shall ensure that the proceeds of such sale, encashment or realisation shall be paid as soon as may be to the account of the Accountant.
IV. Payment, Delivery and Transfer of, and other Dealings with Funds
num: 6
paragraphs: Where funds to be paid into Court are to be lodged at the Accountant's Office, a direction for the payment or transfer of funds pursuant to an order of the Court or the County Registrar shall, save where a direction for payment or transfer of funds is transmitted electronically pursuant to sub rule 12 of rule 2 of this Order be issued by the Accountant upon receipt from the County Registrar of a certified copy of the order or, where the Accountant permits, a document containing such particulars, in such form and authenticated in such manner as the Accountant may from time to time prescribe.
num: 7
paragraphs: (1) Where funds have been lodged with the Accountant—
(a) Every direction by the Accountant for the payment, delivery, or transfer of funds or securities out of Court, or for the sale, investment, or carrying over of funds, other than one transmitted by electronic means in pursuance of sub rule 6 hereof, shall be signed by (i) the Accountant, or, in his absence, the deputy Accountant or (ii) the Chief Clerk.
(b) The name of every officer authorised to sign directions in pursuance of paragraph (a) hereof shall be notified to the Institution and to any other company required to act on such directions together with the time for which, in the case of temporary appointment, the same is to continue; and such notification shall, in the case of the Accountant and the Deputy Accountant, be signed by the Chief Executive of the Courts Service.
(2) Where funds have been lodged with the Accountant—
(a) Every such direction shall be countersigned by such officer in the Accountant's Office as shall have been appointed by the Accountant for that purpose.
(b) The name of every officer authorised to countersign directions in pursuance of paragraph (a) hereof shall be notified to the Institution and to any other company required to act on such directions together with the time for which, in the case of temporary appointment, the same are to continue; and such notification shall be signed by the Accountant or the Chief Clerk.