Business of the Office:
Funds in Court
Funds in Court
How to Lodge money in court
How to make a lodgment in defence
How to get money out of court after I have reached 18 years of age
How to take up a lodgement with a defence
How to make or take up a lodgement in relation to the Adjudication of Legal Costs.
Relevant Legislation, Rules and Fees
A schedule to a court order or an attested copy of an affidavit is lodged in the Accountant's office. You then lodge the amount referred to in the document in the Accountant's Office and a receipt will issue in respect of same. The cheque or bank draft should be payable to the Accountant of the Courts of Justice.
Form No. 9 Appendix P of the Rules of the Superior Courts with a €20 stamp, along with a copy of the originating summons, notice of lodgment and cheque or bank draft, is completed by the solicitors for the defendant(s) and lodged with the Accountant of the Courts of Justice. The notice of lodgement is stamped in the Accountant's Office and returned to the solicitor who then serves same on the plaintiff's solicitors.
As of 16th April 2012, lodgment with defence cases for the circuit and district courts must be lodged to the Accountant’s Office rather than to local court offices.To lodge papers, please follow the steps outlined for High Court but substitute a copy of the civil bill or the civil process for the originating summons.
Order 64A rule 9 of the Circuit Court Rules & Order 12A rule 9 of the District Court Rules allow for the use of the forms prescribed by the Rules of the Superior Courts (Form No. 9 Appendix P).
If there are funds lodged in court to your separate credit until you reach your majority - that is 18 years - you should, upon attaining your majority, contact the Accountant's Office directly or you can contact your solicitor for assistance (please note a solicitors fee may apply).
All applications to get money out of court must be accompanied by the minor’s PPS number, original birth certificate and verified bank details (BIC and IBAN).
As a result of unprecedented negative interest rates, as set by the European Central Bank (ECB) in 2014, it has been increasingly difficult to generate any return on cash. Since 2014 the ECB's monetary policy means negative interest rates have been the norm for high quality short-term cash investments. In this context it is increasingly difficult to guarantee capital preservation, even in the lowest risk strategies. The current environment remains extremely challenging for investments in high quality cash or liquidity funds. It is understood that the negative interest rate environment will prevail for the foreseeable future and this is a global, industry-wide trend and not unique to the investment of Court Funds.
(1) If the matter has been ruled in court the Central Office will lodge the payment schedule to the court order in the Accountant's office and the payments will be processed in 2 - 3 weeks.
(2) If the matter has been settled before going to court you can, with the defendants solicitors consent, lodge the following forms to enable you to take up the lodgement.
(a) FORM 11 in Appendix P to Rules of the Superior Courts Request for Payment, with a €20 stamp, to be signed by the plaintiff or the plaintiff's solicitor.
(b) FORM 11 in Appendix P to of Rules of the Superior Courts Request for Payment, with a €20 stamp, to be adapted and signed by the defendant's solicitor.
(c) FORM 6 in Appendix C to Rules of the Superior Courts Notice of Acceptance with service endorsed, copy to be served on defendant's solicitor by hand or registered post, if latter, receipt must be included.
(d) LETTER OF CONSENT to late acceptance from defendant solicitor's up to a specific date.
(e) If case is set down for trial - you need letters from both sides to Chief Registrar, Central Office, asking him to remove it from the court list and a copy of the letters for the Accountant's office.
(f) If case is not set down for trial - Certify on Notice of Acceptance that the case was not set down for trial.
(3) If you are the defendant's solicitor and you require to take back the lodgement you will need the following:
(a) FORM 11 in Appendix P to Rules of the Superior Courts Request for Payment, with a €20 stamp, to be signed by the defendant's solicitor. Form to be adapted for this purpose.
(b) Letter of consent from plaintiff's solicitors.
Any funds lodged to the Accountant’s Office for Circuit or District Court cases must be taken up from the Accountant’s Office.
Order 64A rule 9 of the Circuit Court Rules & Order 12A rule 9 of the District Court Rules allow for the use of the forms prescribed by the Rules of the Superior Courts (Form No. 11 Appendix P or Form 6 Appendix C).
The Rules of the Superior Courts (Costs) Rules 2019, make provision in Part XII of Order 99 for the making of a lodgment or a tender in relation to legal costs that are referred to the Office of the Legal Costs Adjudicators.
The party entitled to make a lodgment, must lodge the appropriate documentation with the Accountant’s Office of the Courts of Justice. The Office of the Legal Costs Adjudicators, does not have any function, or jurisdiction, with regard to the process of making a lodgment.
The process for making or taking up such lodgements is described here, together with copies of the forms required.
Click here for: Lodgement in Satisfaction of Costs Procedure.
Click here for : How to take up a lodgment in satisfaction of costs - Flow Chart
which helps to provide guidance as to which forms are required in each circumstance.
Please note that Stamp Duty is applied directly to all monies lodged (paid in) and Stamp Duty is applied directly to all monies taken up (paid out). If there is more than 1 payment out there will be more than 1 stamp duty fee applied. The current fees payable pursuant to Part 5 of the Supreme Court, Court of Appeal and High Court (Fees) Order 2014, S.I. 492 of 2014 are as follows:
On a direction by the Court or the Accountant to pay or invest or place money on deposit or transfer stock or shares, where the amount or value exceeds €100 – for every €100 or part value thereof in excess of the first €100
€1.15 (fee not to exceed €1,200.00 in any case)
On a request for lodgement of funds in court without an order
On a request to the accountant for payment of money out of court without an order
Trustee (Authorised Investments) Act 1958
Trustee (Authorised Investments) Order 1998
Trustee (Authorised Investments) Order 1998 (Amendment) Order 2002
Trade Union Act 1941
Auctioneers & House Agents Acts 1947, 1969 & 1973
Insurance Act 1964
Trustee Act 1893
Companies Act 1963, Section 307(1)
Land Clauses Consolidation Act 1845
Rules of Court:
Order 77, Rules of the Superior Courts
Statutory Instrument No. 344 of 1997
Order 22, Rules of the Superior Courts
Statutory Instrument No. 229 of 1990
Statutory Instrument No. 265 of 1993
Supreme Court, Court of Appeal and High Court Fees Order
Investment of court funds
Investment of court funds
Shortly after its establishment, the Courts Service carried out a major review of the arrangements for the management and investment of funds held in trust by the Courts on behalf of Minors and Wards of Court funds. This review was facilitated by the National Treasury Management Agency and Mercer Investment Consulting. Arising from this review the Board of the Service approved the implementation of new arrangements, which has seen the appointment of dedicated fund managers (Bank of Ireland Asset Management and State Street Global Advisors), independent investment advisors (Mercer Investment Consulting) together with the implementation of a modern funds accounting system and procedures.
Over the past two years the new arrangements have been fully implemented for High Court funds and now following the approval of changes to Rules of Court for the Circuit and District Courts these new arrangements will come into effect for funds in these jurisdictions as well.
With effect from the 11th January 2006 new cases in the Circuit and District Courts that result in awards to Minors / Wards will have those funds managed and invested in accordance with the new arrangements. In essence this means that these funds will be invested centrally in the new investment funds rather than locally as has been the case previously. In due course funds relating to cases already dealt with by the Courts and invested locally will also be transferred to the new investment funds.
The Presidents of both the Circuit and District Courts have issued Orders enabling the provisions in the revised court rules to come into effect from 11th January 2006.
Below are copies of the Procedures for the lodgement of funds for new Minor / Ward cases.
if you have any queries with regards to this matter please contact the Accountants Received team by email on accountantsofficeAR@courts.ie or by telephone on Tel: +353 1 888 6742 / 6106 / 6188 / 6936 / 6212.
The Accountant of the Courts of Justice
9th January 2006
This page updated: 19 June 2012