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District Court Rules

Amendment to: Order 7
S.I. No. 526 of 2004: District Court (Personal Injuries Assessment Board Act, 2003) Rules 2004


1. These rules may be cited as the District Court (Personal Injuries Assessment Board Act 2003) Rules 2004.

2. These rules shall come into operation on the 8th day of September 2004 and shall be read together with all other District Court rules for the time being in force.

3. The District Court Rules 1997 (S.I. No. 93 of 1997) shall be amended:

      (a) by the insertion in Order 7, immediately following rule 6 thereof, of the following rule:

      “6A. (1) An application by the next friend, committee or other person referred to in subsection (1) of section 35 of the Act shall be made to a Judge of the District Court assigned to the district within which the claimant ordinarily resides.

      (2) Such application shall be by notice of application in the Form 7.6, Schedule C and shall be addressed to the respondent by name and shall be served by the applicant on the respondent not later than seven days before the date of the sitting for which the application is returnable. Such notice shall be served


        (a) by delivering it to the respondent;

        (b) by leaving it at the address at which the respondent ordinarily resides or, in a case in which an address for service has been furnished by the respondent, at that address, or

        (c) by sending it by post in a prepaid registered letter to the address at which the respondent ordinarily resides or, in a case in which an address for service has been furnished, to that address.


      (3) The original notice, together with a statutory declaration as to service thereof shall be lodged with the Clerk at least two days before the said date of hearing.

      (4) Where the Court approves an assessment in accordance with this rule it may give directions as to how the amount recoverable by the minor or person of unsound mind is to be dealt with, including a direction for lodgement in Court and investment of the amount concerned.

      (5) The Clerk shall send by ordinary pre-paid post or by e-mail to the Personal Injuries Assessment Board a certified copy of any order made pursuant to this rule.

      (6) In the event of an order to pay issuing in accordance with section 38 of the 2003 Act, a copy thereof shall be sent forthwith by the Personal Injuries Assessment Board to the Clerk by ordinary pre-paid post or by e-mail”.

....

4. The Forms numbered 7.6, 46C.1 and 46C.2 in the Schedule hereof shall be added to the Forms in Schedule C of the District Court Rules, 1997 (S.I. No. 93 of 1997).