Order 52

Malicious injuries

Rule 1 — Malicious Injuries Act, 1981

1. In this Order, ‘‘the Act’’ means the Malicious Injuries Act, 1981, (No. 9 of 1981).

‘‘Local Authority’’ has the meaning assigned to it by Section 2 of the Act.

2. All applications shall be brought by originating Motion on notice in accordance with the Form 33A in the Schedule of Forms or such modification thereof as may be appropriate. Every Motion issued under this Order shall name as defendant the Local Authority upon which the preliminary notice under Section 8 of the Act has been served and shall be dated and bear the name, address and description of the plaintiff and shall be signed by his Solicitor, if any, or if none, by himself. The application shall be commenced in the County in which the Local Authority against which an award of compensation is sought and upon which the preliminary notice has been served is established.

3.[1] Every Motion issued under this Order and every notice under Section 10 of the Act shall be served by registered post, or in any of the modes in which a Civil Bill may be served, upon the County Secretary or Town Clerk of the Local Authority to be served, provided that such service need not be effected by a Summons Server.

4. This Rule shall not apply to the Dublin Circuit. Every Motion issued under this Order shall state the date of commencement of the Sittings at which it is intended that the Motion shall be listed for hearing, and a copy thereof, with the endorsement of Service thereof shall be filed at the Office by the plaintiff not later than ten days before the commencement of such Sittings.

5. This Rule shall apply only to the Dublin Circuit. Every Motion shall state the date on which it is intended that the application shall be listed for hearing and a copy thereof, with the endorsement of service thereof, shall be filed by the plaintiff at the Office not later than ten days before such date.

6. Every notice under Section 10 of the Act shall set out the grounds to be relied upon for a request to the Court that any compensation awarded should be paid wholly or partly out of the funds of the notice party. There shall be attached to and served with every notice under Section 10 a copy of the preliminary notice which has been served upon the Local Authority.

7. Any Local Authority which intends to seek a reduction or exclusion of compensation pursuant to the provisions of Sub-Section (1) or Sub- Section (3) of Section 12 of the Act shall give to the applicant seven days notice of its intention to rely upon the same and such notice shall indicate the provision or provisions intended to be relied upon and shall give such particulars in relation thereto as shall adequately inform the applicant of the nature of the case which the Local Authority intends to make under the said Section. In the case of non-compliance with this Rule the Judge may adjourn the application or deal otherwise with the matter as to him shall seem meet.

8. Non-compliance with these Rules shall not render any Proceedings void unless the Court shall so direct.

9. The powers of the Court shall include power to extend the time for, set aside either wholly or in part, amend or otherwise deal with in such manner and on such terms as the Court shall deem meet, any act or proceedings under this Act or under this Order.

10.[2] Every application under Section 19 Sub-section 4 of the Act shall be instituted by originating Motion on notice in accordance with Form 33B in the Schedule of Forms, or such modification thereof as may be appropriate and shall be served by registered letter or in any of the modes in which a Civil Bill may be served, provided that such service need not be effected by a Summons Server.

11. The County Registrar shall keep a book, to be called the Malicious Injuries Book, in which he shall enter each Motion issued under this Order for compensation for malicious injury in the order in which it shall be received by him, and shall set out therein the ruling of the Court in each case.

12. Every Decree for compensation, or refusal to award compensation, shall state whether it is made with or without costs, and in case it is made with costs, the exact sum payable for costs (including witnesses’ expenses) shall be inserted therein. Such Decree or refusal shall be in accordance with Forms 33C or 33D of the Schedule of Forms as may be appropriate.

13. The Court shall have power to award costs and to measure the same, or alternatively to direct the same to be taxed by the County Registrar, except insofar as the same are provided for by Regulations made under Section 15 Sub-Section 2 of the Act. Such taxation shall be in accordance with such scale as may be prescribed. Any party aggrieved by such taxation may appeal to the Court to have the costs reviewed by it. Witness expenses shall be dealt with in accordance with Order 66 Rule 5.

Rule 2 — Criminal Injuries to the Person

1. An application for compensation for criminal injuries under Section 106 of the Grand Jury (Ireland) Act, 1836, as amended by Section 5 of the Local Government (Ireland) Act, 1898, shall be made in the County where the injury was committed in accordance with Form 34B of the Schedule of Forms annexed hereto.

2. In cases where the criminal injury has caused the death of a person, the application shall be made by his legal personal representative provided that the preliminary notice hereinafter required may be served by or on behalf of some one or more of his next of kin.

3. Within fourteen days from the commission of a criminal injury, the applicant, or someone acting on his behalf, shall in all cases cause a preliminary notice of his intention to apply to the Court for compensation to be served on the County Secretary or Town Clerk of the Local Authority for the area where the injury was committed and upon the Member in Charge of the Garda Siochana Station for the place where such injury was committed. Such preliminary notice shall give full particulars of the time and place when and where such injury was committed and shall be in accordance with Form 34A of the Schedule of Forms annexed hereto, or such modification thereof as may be appropriate.

4. The costs, as between party and party shall be measured by the Court or shall be referred to the County Registrar for taxation according to such scales as may be prescribed. Any party aggrieved by such taxation may appeal to the Court to have the costs reviewed by it. Witness expenses shall be dealt with in accordance with Order 66 Rule 5 of these Rules.

5. Save as is hereinbefore provided, the provisions of Order 52, except Rules 6, 7 and 10 thereof, shall apply, mutatis mutandis, to applications for compensation for criminal injury to the person as they apply to applications for compensation for malicious injury.

[1] Order 52 rule 3 substituted by SI 132 of 2009, effective 3 April 2009.
[2] Order 52 rule 10 substituted by SI 132 of 2009, effective 3 April 2009.

Gaeilge

Order 42	Appeals to the Court of Criminal Appeal
General Amendment 2	S.I. No. 188 of 2008: Circuit Court Rules (Jurisdiction, Recognition, Enforcement and Service of Proceedings) 2008
General Amendment 3	S.I. No. 251 of 2009: Circuit Court Rules (Miscellaneous) 2009
General Amendment 4	S.I. No. 276 of 2014: Circuit Court Rules (Registered Post) 2014
General Amendment 5	S.I. No. 317 of 2013: Circuit Court Rules (Personal Insolvency) 2013
General Amendment 6	S.I. No. 379 of 2018: Circuit Court Rules (Fines (Payment and Recovery)) 2018
General Amendment 7	S.I. No. 445 of 2010: Circuit Court Rules (Miscellaneous) 2010
General Amendment 8	S.I. No. 583 of 2009: Circuit Court Rules (Combined Court Offices) 2009
General Amendment 9	S.I. No. 597 of 2014: Circuit Court Rules (Lugano Convention and Maintenance Regulation) 2014
Order 1	Sittings, language and office hours
Order 2	Venue
Order 2A	Jurisdiction and the Recognition and Enforcement of Judgments in Civil or Commercial Matters : S.I. No. 882 of 2004
Order 3	Judges' robes and mode of address to the judges
Order 4	Court Seal and Authentication of Court documents
Order 5	Commencement of proceedings
Order 5A	Procedure by personal injuries summons : S.I. No. 526 of 2005
Order 5B	Actions for Possession and Well-charging Reliefs : S.I. No. 264 of 2009
Order 6	Parties
Order 5C	Defamation Act 2009 : S.I. No. 486 of 2009
Order 7	Third Party Procedure
Order 8	Actions by and against firms and persons carrying on business in names other than their own
Order 9	Joinder of Claims
Order 10	Indorsement of claim
Order 11	Issue of civil bills - service of documents : S.I. No. 132 of 2009
Order 12	Renewal of Civil Bill
Order 13	Service out of the jurisdiction
Order 14	Service out of the Jurisdiction under the 1998 Act, Regulation No. 1215/2012 or the Lugano Convention : S.I. No. 618 of 2015
Order 14A	Service out of the Jurisdiction under: Council Regulation (EC) No 2201/2003 (Matrimonial Matters and Matters of Parental Responsibility) Council Regulation (EC) No 4/2009 (Maintenance Obligations) : S.I. No. 597 of 2014
Order 14B	Service in EU Member States (including the State) of judicial and extra-judicial documents : S.I. No. 883 of 2004 (as amended by S.I. No. 597 of 2014)
Order 15	Appearance, defence, lodgment, offer of payment in lieu of lodgment and counterclaim
Order 16	Security for costs
Order 17	Particulars and further particulars in claim or defence
Order 18	County Registrar
Order 19	Side-bar applications
Order 19A	Case Progression (General) : S.I. No. 539 of 2009
Order 20	Sittings in chambers and interlocutory applications
Order 21	Discontinuance
Order 22	Change of parties
Order 23	Evidence
Order 23A	Taking of evidence for EU Courts : S.I. No. 302 of 2013
Order 24	Attendance of witnesses
Order 25	Affidavits
Order 26	Judgment by default in cases of liquidated demands and claims for delivery of goods and chattels
Order 27	Judgment by default in cases not coming within the preceding order
Order 28	Summary judgment
Order 29	Judgment by consent in the office
Order 30	Review of judgments
Order 31	Admissions
Order 32	Discovery and inspection of documents and interrogatories
Order 33	Trial
Order 33A	Mediation and other alternative dispute resolution processes : S.I. No. 11 of 2018
Order 34	Order as to trial of separate issues
Order 35	Transfer of Actions
Order 35A	European Enforcement Orders : S.I. No. 1 of 2006
Order 35B	European Account Preservation Order : S.I. No. 2012 of 2017
Order 36	Execution
Order 37	Attachment and committal
Order 38	Attachment of debts by garnishee
Order 39	Receiver by way of equitable execution
Order 40	Interpleader
Order 41	Appeals from the District Court
Order 41A	Fines (Payment and Recovery) : S.I. No. 379 of 2018
Order 43	Sales
Order 44	Security
Order 45	Administrators pendente lite and receivers
Order 46	The County Officers and Courts (Ireland) Act, 1877; the Settled Land Acts; the Trustee Relief Acts; and the Trustee Acts
Order 46A	Land and Conveyancing Law Reform Act 2009 : S.I. No.155 of 2010
Order 46B	Multi-Unit Developments Act 2011 : S.I. No. 153 of 2011
Order 47	Persons of unsound mind
Order 47A	Mental Health : S.I. No. 11 of 2007
Order 47B	Applications under the Assisted Decision-Making (Capacity) Act 2015
Order 48	Accounts
Order 49	Intoxicating liquor licences
Order 50	Probate actions
Order 51	Landlord and tenant
Order 51A	Residential Tenancies Act 2004 : S.I. No. 388 of 2005 Circuit Court Rules (Residential Tenancies Act 2004) 2005
Order 52	Malicious injuries
Order 53	Restoration of Companies to the Register pursuant to Chapter 2 of Part 12 of the Companies Act 2014 : S.I. No. 471 of 2015
Order 53A	Examinership : S.I. No. 471 of 2015 Circuit Court Rules (Companies Act 2014) 2015
Order 53B	Investigation of company’s affairs under Part 13 of the Companies Act 2014 : S.I. No. 471 of 2015
Order 54	Housing Act, 1966
Order 55	Housing (Miscellaneous Provisions) Act, 1979 (No. 27 of 1979)
Order 56	Planning
Order 57	Employment
Order 57A	Equal Status Acts 2000 to 2004 : S.I. No. 349 of 2006
Order 57B	Pension Ombudsman : S.I. No. 588 of 2007 & S.I. No. 446 of 2010
Order 58	Local Elections (Petitions and Disqualifications) Act, 1974 (No. 8 of 1974)
Order 59	Family law : S.I. No. 427 of 2018
Order 59A	Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 : S. I. No. 385 of 2011
Order 60	Data protection : S.I. No. 222 of 2019
Order 61	Provision of documentation pursuant to section 14 of the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1998
Order 61A	Jurisdiction and the Recognition and Enforcement of Judgments and Decisions of the Circuit Court in Civil or Commercial Matters : S.I. No. 618 of 2015
Order 62	Cases stated
Order 63	Transfer of trial to the Dublin Circuit Court
Order 64	Motions
Order 64A	Funds in court : S.I. No. 525 of 2005
Order 64B	Procedure in Statutory Applications : S.I. No. 470 of 2009
Order 64C	Procedure in Statutory Appeals : S.I. No. 470 of 2009
Order 66	Costs
Order 65	Amendments
Order 67	General
Order 67A	Recording of Proceedings : S.I. No. 354 of 2008
Amendment to Order 67A	S.I. No. 100 of 2013: Circuit Court Rules (Recording of Proceedings) 2013
Order 68	Sex Offenders Act, 2001
Order 68A	Criminal Justice Act 2006 : S.I. No. 169 of 2007
Order 68B	Criminal Law (Insanity) Act 2006 : S.I. No. 596 of 2007
Order 69	Section 39 Criminal Justice Act, 1994: S.I. No. 448 of 2004
Order 70	European Arrest Warrant Act 2003 : S.I. No. 57 of 2005
Order 71	Taxi Regulation : S.I. No. 350 of 2006
Order 72	Appeals under the Social Welfare Consolidation Act 2005 : S.I. No. 10 of 2007
Order 72A	Health (Repayment Scheme Act 2006) 2007 : S.I. No. 446 of 2007
Order 72B	S.I. No. 585 of 2008: Consumer Protection Act 2007
Order 73	Proceedings under the Personal Insolvency Act 2012 : S.I. No. 317 of 2013
General Amendment 1	S.I. No. 155 of 2010: Circuit Court Rules (Land and Conveyancing Law Reform Act 2009) 2010

Circuit Court Rules

Order 52

Malicious injuries

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