Order 95

Malicious injuries

Definitions

1. In this Order—

"the Acts" means the Malicious Injuries Acts, 1981 and 1986;

"the Principal Act" means the Malicious Injuries Act, 1981 (No. 9 of 1981).

"the Act of 1986" means the Malicious Injuries (Amendment) Act, 1986 (No. 27 of 1986);

"ratepayer" means any ratepayer of a local authority which is a party to any proceedings for compensation under the Acts;

"third party" means a local authority notified under section 10 (1) of the Principal Act.

Application for compensation

2. (1) An application to the District Court for compensation under the Acts may, subject to the provisions of section 13 of the Principal Act, be brought, heard or determined at any sitting of the Court for the transaction of civil business.

(2) Such application shall be preceded by the issue and service of a notice in the Form 95.1, 95.2, 95.3, 95.4, or 95.5 Schedule C, as may be appropriate, signed by the applicant or solicitor for the applicant. The notice shall be served upon the council of the county or the corporation of the county borough from which it is sought to obtain compensation. Service may be effected by prepaid registered post at least twenty-one days before the date fixed for the hearing of the application.

(3) In the Dublin Metropolitan District the original and copy of every notice of application intended for service shall first be lodged with the Clerk for insertion of the date of hearing thereon.

(4) When service has been effected the original notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least seven days before the said date of hearing.

Joinder of other local authority as third party

3. A local authority which has given notice under section 10 of the Principal Act shall lodge a copy of the notice with the Clerk.

Order of the Court

4. (1) A decree awarding compensation under section 11 of the Principal Act in respect of damage or loss shall be in the Form 95.6, 95.7, 95.8, 95.9 or 95.10 Schedule C, as may be appropriate.

(2) An order refusing compensation shall be in the Form 95.11 Schedule C.

Malicious Injuries Book

5. The Clerk shall keep a book to be known as the Malicious Injuries Book in which shall be entered particulars of all notices of application and third party notices lodged under this Order and details of all applications and orders made in the proceedings to which the notices relate.

Costs

6. Costs, where awarded, other than costs of an application for compensation which are payable by a local authority, shall be in accordance with the appropriate scale of costs set out in the schedule of costs annexed to these Rules. Where liability for compensation is apportioned between two or more local authorities, the costs (and expenses, if any) awarded to the applicant shall be similarly apportioned.

Settlements

7. Where under section 16 (1) of the Principal Act a local authority settles a claim brought against it, the form of consent or settlement (and withdrawal of application) signed by the parties (or a copy thereof) shall be lodged with the Clerk, who shall note the settlement in the Malicious Injuries Book and retain the documents in his or her custody.

Lodgments in court

8. A lodgment made under section 16 (2) of the Principal Act shall be made not later than seven days before the date fixed for the hearing of the application and the provisions of Order 41 of these Rules relating to lodgments shall mutatis mutandis apply to such lodgment, but a notice of intention to defend shall not be required.

Appeals to the Circuit Court

9. (1) The provisions of Order 101 of these Rules relating to appeals to the Circuit Court and the forms therein prescribed shall mutatis mutandis apply to every appeal, including an appeal by a ratepayer, taken under section 17 of the Principal Act.
(2) The Court may exempt an appellant from the requirement to enter into a recognisance for appeal against a decision on an application for compensation under the Principal Act as amended by the Act of 1986.

Cases stated to the Supreme Court

10. The procedure to be followed in relation to cases stated for the opinion of the Supreme Court under section 18 of the Principal Act are contained in Order 102 of these Rules.

Non-compliance with rules

11. Non-compliance with any of the foregoing rules of this Order shall not render any proceedings void unless the Court shall so direct.

Court may extend time, set aside, amend, etc.

12. The Court may, in relation to any act or proceedings under the Acts or under this Order, 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 may think just, such act or proceedings.

Gaeilge

General Amendment	S.I. No. 581 of 2009: District Court (Combined Court Offices) Rules 2009
General Amendment	S.I. No. 99 of 2013: District Court (Recording of Proceedings) Rules 2013
Schedule of Costs	S.I. No. 123 of 2016: District Court (Solicitors’ costs) Rules 2016
Order 1	Sittings
Order 2	Adjournment of proceedings and of the court
Order 3	Language
Order 4	Mode of Address
Order 5	Judges' robes : S.I. No. 77 of 2015
Order 6	Right of Audience
Order 7	Minors And Other Persons Under Disability
Amendment to Order 7	S.I. No. 526 of 2004: District Court (Personal Injuries Assessment Board Act, 2003) Rules 2004
Amendment to Order 7	S.I. No. 258 of 2005: District Court (Funds in Court) Rules 2005
Order 8	Tendering Of Evidence : S.I. No. 17 Of 2014
Order 10	Service Of Documents In Criminal Proceedings : S.I. No. 17 Of 2014
Order 11	Service Out Of The Jurisdiction: S.I. No. 635 Of 2005
Amendment to Order 11	S.I. No. 367 of 2009: District Court (Service in Member States of Judicial and Extra-judicial Documents in Civil or Commercial Matters) Rules 2009
Amendment to Order 11	S.I. No. 145 of 2019: District Court (Service) (No. 2) Rules 2019
Order 12	Miscellaneous Provisions : S.I. No. 17 Of 2014 District Court (Civil Procedure) Rules 2014
Amendment to Order 12	S.I. No. 598 of 2014: District Court (General) Rules 2014
Amendment to Order 12	S.I. No. 167 of 2018: District Court (Extension of Time) Rules 2018
Order 12A	Funds In Court : S.I. No. 258 Of 2005
Order 12B	Recording Of Proceedings : S.I. No. 99 Of 2013

Order 13	Venue
Amendment to Order 13	S.I. No. 203 of 2007: District Court (Criminal Justice Act 2006) Rules 2007
Amendment to Order 13	S.I. No. 41 of 2008: District Court (Criminal Justice Act 2007) Rules 2008
Order 14	Admission To Court And Publication Of Proceedings : S.I. No. 33 Of 2010
Order 15	Issue Of Summonses Alleging Offences : S.I. No. 167 Of 2005
Amendment to Order 15	S.I. No. 557 of 2010: District Court (Summonses) Rules 2010
Order 16	Issue Of Warrants Charging Offences
Amendment to Order 16	S.I. No. 119 of 2005: District Court (European Arrest Warrant) Rules, 2005
Amendment to Order 16	S.I. No. 238 of 2006: District Court (Order 16) Rules 2006
Amendment to Order 16	S.I. No. 260 of 2010: District Court (Criminal Justice (Miscellaneous Provisions) Act 2009) Rules 2010
Order 17	Procedure On Arrest : S.I. No. 194 Of 2001
Amendment to Order 17	S.I. No. 203 of 2007: District Court (Criminal Justice Act 2006) Rules 2007
Amendment to Order 17	S.I. No. 41 of 2008: District Court (Criminal Justice Act 2007) Rules 2008
Amendment to Order 17	S.I. No. 105 of 2009: District Court (Criminal Justice Act 2006) Rules 2009
Amendment to Order 17	S.I. No. 33 of 2010: District Court (Criminal Justice (Amendment) Act 2009) Rules 2010
Order 18	Procedure On Admitting To Bail : S.I. No. 194 Of 2001
Amendment to Order 18	S.I. No. 41 of 2008: District Court (Criminal Justice Act 2007) Rules 2008
Amendment to Order 18	S.I. No. 105 of 2009: District Court (Criminal Justice Act 2006) Rules 2009
Amendment to Order 18	S.I. No. 33 of 2010: District Court (Criminal Justice (Amendment) Act 2009) Rules 2010
Amendment to Order 18	S.I. No. 260 of 2010: District Court (Criminal Justice (Miscellaneous Provisions) Act 2009) Rules 2010
Order 19	Remands By The Court : S.I. No. 194 Of 2001
Amendment to Order 19	S.I. No. 149 of 2016: District Court (Amendment) Rules 2016
Amendment to Order 19	S.I. No. 585 of 2011: District Court (Criminal Procedure Act 2010) Rules 2011
Order 20	Arrest Of Persons In Contravention Of Conditions Of Bail Recognisances : S.I. No. 194 Of 2001
Amendment to Order 20	S.I. No. 260 of 2010: District Court (Criminal Justice (Miscellaneous Provisions) Act 2009) Rules 2010
Amendment to Order 20	S.I. No. 565 of 2018: District Court (Bail) Rules 2018
Order 21	Attendance Of Witnesses
Amendment to Order 21	S.I. No. 94 of 2010: District Court (Criminal Justice (Mutual Assistance) Act 2008) Rules 2010
Order 22	Procedure On Accused's Failure To Appear
Amendment to Order 22	S.I. No. 498 of 2008: District Court (Bench Warrants) Rules 2008
Order 23	Trial Of Summary Offences : S.I. No. 19 Of 2016
Order 23A	Criminal Law (Insanity) Act, 2006 : S.I. No. 727 Of 2007
Amendment to Order 23A	S.I. No. 154 of 2011: District Court (Criminal Law (Insanity) Act 2010) Rules 2011
Order 24	Proceedings Relating to Indictable Offences : S.I. No. 226 of 2019
Order 25	Issue Of Warrants In Execution Of Court Orders : S.I. No. 41 Of 1998
Amendment to Order 25	S.I. No. 19 of 2016: District Court (Fines) Rules 2015
Order 26	Endorsement, Addressing, Execution, Re-Issue Of Warrants
Amendment to Order 26	S.I. No. 203 of 2007: District Court (Criminal Justice Act 2006) Rules 2007
Amendment to Order 26	S.I. No. 149 of 2016: District Court (Amendment) Rules 2016
Order 27	Estreatment Of Recognisances Forfeiture Of Money Lodged : S.I. No. 194 Of 2001
Amendment to Order 27	S.I. No. 41 of 2008: District Court (Criminal Justice Act 2007) Rules 2008
Amendment to Order 27	S.I. No. 260 of 2010: District Court (Criminal Justice (Miscellaneous Provisions) Act 2009) Rules 2010
Amendment to Order 27	S.I. No. 225 of 2019: District Court (Estreatment) Rules 2019
Order 28	Recognisances Under The Probation Of Offenders Act, 1907
Amendment to Order 28	S.I. No. 544 of 2006: District Court (Probation of Offenders) Rules 2006
Order 28A	Proceedings Under Part 10 Of The Criminal Justice Act 2006 : S.I. No. 203 Of 2007
Amendment to Order 28A	S.I. No. 25 of 2008: District Court (Criminal Justice Act 2006) (No. 2) Rules 2008
Amendment to Order 28A	S.I. No. 105 of 2009: District Court (Criminal Justice Act 2006) Rules 2009
Amendment to Order 28A	S.I. No. 260 of 2010: District Court (Criminal Justice (Miscellaneous Provisions) Act 2009) Rules 2010
Order 29	Extradition
Order 30	Community Service
Amendment to Order 30	S.I. No. 313 of 2007: District Court (Community Service) Rules 2007
Order 31	Proceedings under Criminal Justice Act 1984, etc.
Order 31A	Proceedings Under The Police (Property) Act, 1897
Amendment to 31A	S.I. No. 94 of 2010: District Court (Criminal Justice (Mutual Assistance) Act 2008) Rules 2010
Order 31B	Intellectual Property : S.I. No. 421 Of 2010
Order 32	Misuse Of Drugs
Order 33	Compensation Orders
Amendment to Order 33	S.I. No. 539 of 2004: District Court (Children) Rules, 2004
Amendment to Order 33	S.I. No. 106 of 2009: District Court (Consumer Protection Act 2007) Rules 2009
Order 34	Miscellaneous Search Warrants : S.I. No. 216 Of 1999
Amendment to Order 34	S.I. No. 700 of 2004: District Court (Food Safety) Rules 2004
Amendment to Order 34	S.I. No. 207 of 2002: District Court (Company Law Enforcement) Rules 2002
Amendment to Order 34	S.I. No. 412 of 2003: District Court (Theft and Fraud Offences) Rules, 2003
Amendment to Order 34	S.I. No. 411 of 2004: District Court (Intellectual Property) Rules, 2004
Amendment to Order 34	S.I. No. 119 of 2005: District Court (European Arrest Warrant) Rules, 2005
Amendment to Order 34	S.I. No. 322 of 2008: District Court (Search Warrants) Rules 2008
Amendment to Order 34	S.I. No. 106 of 2009: District Court (Consumer Protection Act 2007) Rules 2009
Amendment to Order 34	S.I. No. 94 of 2010: District Court (Criminal Justice (Mutual Assistance) Act 2008) Rules 2010
Amendment to Order 34	S.I. No. 585 of 2011: District Court (Criminal Procedure Act 2010) Rules 2011
Amendment to Order 34	S.I. No. 536 of 2011: District Court (Criminal Justice (Psychoactive Substances) Act 2010) Rules 2011
Amendment to Order 34	S.I. No. 653 of 2011: District Court (Criminal Justice (Money Laundering and Terrorist Financing) Act 2010) Rules 2011
Amendment to Order 34	S.I. No. 480 of 2018: District Court (Companies Act 2014: search warrants) Rules 2018
Order 34A	Criminal Justice (Surveillance) Act 2009 : S.I. No. 314 Of 2010
Order 35	Certified Copies Of Orders And Of Other Documents : S.I. No. 41 Of 1998
Amendment to Order 35	S.I. No. 92 of 2009: District Court (Forms) Rules 2009
Order 36	Costs And Witnesses' Expenses
Order 37	Proceedings Involving Children Or Young Persons : S.I. No. 539 Of 2004
Amendment to Order 37	S.I. No. 666 of 2004: District Court (Children) Rules 2004
Amendment to Order 37	S.I. No. 408 of 2007: District Court (Children) Rules 2007
Amendment to Order 37	S.I. No. 567 of 2016: District Court (Criminal Justice (Forensic Evidence and DNA Database System) Act 2014) Rules 2016
Amendment to Order 37	S.I. No. 152 of 2007: District Court (Children Summonses) Rules 2007
Order 38	Miscellaneous Matters : S.I. No. 687 Of 2005
Amendment to Order 38	S.I. No. 703 of 2005: District Court (Taxes consolidation Act 1997) (Amendment) Rules 2005
Amendment to Order 38	S.I. No. 47 of 2006: District Court (Criminal Justice Act 1994, section 38) Rules 2006
Amendment to Order 38	S.I. No. 653 of 2011: District Court (Criminal Justice (Money Laundering and Terrorist Financing) Act 2010) Rules 2011

Interpretation	Interpretation of terms : S.I. No. 17 of 2014
Provisions Overview	S.I. No. 17 of 2014: District Court (Civil Procedure) Rules 2014 - provisions overview
Order 39	General Rules : S.I. No. 17 Of 2014
Order 40	Beginning Civil Proceedings In The Court : S.I. No. 17 Of 2014
Amendment to Order 40	S.I. No. 513 of 2016: District Court (Issue of Civil Proceedings) Rules 2016
Order 40A	Personal Injuries Proceedings : S.I. No. 17 Of 2014
Amendment to Order 40A	S.I. No. 599 of 2014: District Court (Personal Injuries) Rules 2014
Amendment to Order 40A	S.I. No. 513 of 2016: District Court (Issue of Civil Proceedings) Rules 2016
Amendment to Order 40A	S.I. No. 102 of 2017: District Court (Order 40A) Rules 2017
Amendment to Order 40A	S.I. No. 327 of 2019: District Court (Personal Injuries: Section 8 Notices) Rules 2019
Order 40B	Landlord And Tenant Proceedings (Ejectment) : S.I. No. 17 Of 2014
Order 40C	Procedure In Statutory Applications By Notice Of Application : S.I. No. 17 Of 2014
Order 40D	Procedure In Statutory Appeals By Notice Of Appeal To The Court : S.I. No. 17 Of 2014
Order 40E	Proceedings Begun By The Issue Of A Summons In Matters Other Than Criminal Matters* : S.I. No. 17 Of 2014
Order 40F	Intellectual Property
Order 41	Service Of Documents In Civil Proceedings - Service Of Documents In The State : S.I. No. 17 Of 2014
Order 41A	Service Of Documents In Civil Proceedings - Service Of Documents Outside The State With The Permission Of The Court : S.I. No. 17 Of 2014
Amendment to Order 41A	S.I. No. 471 of 2018: District Court (Service) Rules 2018
Order 41B	Service Of Documents In Civil Proceedings - Service Of Documents Outside The State Without The Permission Of The Court : S.I. No. 17 Of 2014
Amendment to Order 41B	S.I. No. 617 of 2015: District Court (Jurisdiction and the Recognition and Enforcement of Judgments in Civil or Commercial Matters) Rules 2015
Order 42	Defence, Particulars And Counterclaim : S.I. No. 17 Of 2014
Order 42A	Third Party Procedure : S.I. No. 17 Of 2014
Order 43	Joining Claims And Parties : S.I. No. 17 Of 2014
Order 44	Applications By Notice Of Motion : S.I. No. 17 Of 2014
Order 45	Lodgments And Tenders In Lieu Of Lodgment : S.I. No. 17 Of 2014
Order 45A	Security For Costs : S.I. No. 17 Of 2014
Order 45B	Discovery And Inspection Of Documents : S.I. No. 17 Of 2014
Order 45C	Application To Have A Claim Forwarded To The Circuit Court Or To The High Court : S.I. No. 17 Of 2014
Order 45D	Admissions : S.I. No. 17 Of 2014
Order 45E	Amendment : S.I. No. 17 Of 2014
Amendment to Order 45E	S.I. No. 598 of 2014: District Court (General) Rules 2014
Order 46	Attendance Of Witnesses And Production Of Documents : S.I. No. 17 Of 2014
Order 47	Judgment In Default In Debt Claims : S.I. No. 17 Of 2014
Order 47A	Judgment In Default In Non-Debt Claims : S.I. No. 17 Of 2014
Order 47B	Discontinuance And Withdrawal : S.I. No. 17 Of 2014
Order 48	Authentication And Filing Of Documents : S.I. No. 17 Of 2014
Order 49	Hearing Of Civil Proceedings : S.I. No. 17 Of 2014
Order 49A	Case Management : S.I. No. 17 Of 2014
Order 49B	Mediation And Other Alternative Dispute Resolution : S.I. No. 9 Of 2018
Order 50	Affidavits In Civil Proceedings : S.I. No. 17 Of 2014
Order 51	Execution And Enforcement Of Judgments : S.I. No. 17 Of 2014
Order 51A	Enforcement Of Judgments And Orders : S.I. No. 17 Of 2014
Amendment to Order 51A	S.I. No. 617 of 2015: District Court (Jurisdiction and the Recognition and Enforcement of Judgments in Civil or Commercial Matters) Rules 2015
Order 51B	Interpleader : S.I. No. 17 Of 2014
Order 51C	European Enforcement Orders : S.I. No. 17 Of 2014
Order 52	European Account Preservation Order : S.I. No. 405 Of 2017
Order 53	Costs : S.I. No. 17 Of 2014
Order 53A	Small Claims Procedure : S.I. No. 17 Of 2014
Order 53B	European Small Claims Procedure (For Cross-Border Small Claims Within The European Union) : S.I. No. 315 Of 2018
Order 54	Maintenance of Spouses and Children : S.I. No. 17 Of 2016
Order 54A	Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 : S.I. No. 17 Of 2016
Order 56	Attachment Of Earnings : S.I. No. 42 Of 1998
Order 57	Proceedings Under: Section 8 of the Enforcement of Court Orders Act 1940, etc.
Order 58	Custody and Guardianship of Children : S.I. No. 434 of 2020
Amendment to Order 58	S.I. No. 9 of 2018: District Court (Mediation) Rules 2018
Order 59	Domestic Violence : S.I. No. 79 Of 2019
Order 60	Protection of the Family Home : S.I. No. 42 of 1998
Order 61	Use Of Blood Tests In Determining Parentage
Order 61A	Section 40, Civil Liability and Courts Act 2004: S.I. No. 141 of 2015
Amendment to Order 61A	S.I. No. 79 of 2019: District Court (Domestic Violence) Rules 2019
Order 63	Auctioneers and house agents
Order 64	Betting Act, 1931
Order 65	Fisheries
Order 66	Gaming and lotteries
Order 67	General dealers
Order 68	Licensing Acts 1833 to 2018 : S.I. No. 566 of 2018
Order 69	Restaurant certificates and declarations as to suitability of premises
Order 70	Objections to the first grant of wine retailers' on-licences
Order 71	Special exemption orders : S.I. No. 174 of 2009
Order 72	General exemption orders : S.I. No. 174 of 2009
Amendment to Order 72	S.I. No. 566 of 2018: District Court (Intoxicating Liquor) Rules 2018
Order 73	Exemptions for special events
Order 74	Exemptions for licensed business on Sunday afternoons and Saint Patrick's day
Order 75	Exemptions for unlicensed business on Sunday mornings and Saint Patrick's day
Order 76	Occasional licences
Amendment to Order 76	S.I. No. 566 of 2018: District Court (Intoxicating Liquor) Rules 2018
Order 77	Ad-interim transfers of licences : S.I. No. 123 of 1998
Order 78	Transfers of licences held by nominees
Order 79	Certificates of transfer
Order 80	Objections to renewal of intoxicating liquor licences, forms of renewal certificate, forms of renewal certificate, recording renewals of licences
Order 81	Annual licensing court
Order 82	Register of licences
Order 83	Registration of clubs and granting of club authorisations
Order 84	Child care
Amendment to Order 84	S.I. No. 5 of 2006: District Court (Children) Rules 2006
Amendment to Order 84	S.I. No. 469 of 2008: District Court (Child Care) Rules 2008
Amendment to Order 84	S.I. No. 143 of 2015: District Court (Child Care) Rules 2015
Order 84A	Mental Health : S.I. No. 97 of 2007
Order 85	Water disconnection rules
Order 86	Public dancing
Order 87	Public music and singing
Order 88	Street and house to house collections
Order 89	Wildlife
Order 90	Air Navigation (Eurocontrol)
Order 90A	Railway Infrastructure : S.I. No. 534 of 2004
Order 91	Control of dogs
Order 92	Fire services
Order 93	Housing (private rented dwellings)
Order 93A	Applications under the Land and Conveyancing Law Reform Act 2009 : S.I. No. 162 of 2010
Order 93B	Applications to extend time for delivery of annual return under section 343 of the Companies Act 2014 : S.I. No. 256 of 2015
Order 93C	Residential Tenancies Acts 2004 to 2020: S.I. No. 431 of 2020
Order 94	Irish nationality and citizenship
Order 95	Malicious injuries
Order 96	Protection of the environment and control of pollution
Order 96A	Food safety : S.I. No. 700 of 2004
Order 96B	Orders concerning retail premises ... Criminal Justice (Public Order) Act 2003 ... Criminal Justice (Psychoactive Substances) Act 2010 : S.I. No. 536 of 2011
Order 96C	Criminal Justice Act 2006, Part 11 : S.I. No. 314 of 2007
Amendment to Order 96C	S.I. No. 408 of 2007: District Court (Children) Rules 2007
Order 97	Road traffic : S.I. No. 235 of 2018
Order 98	Social welfare
Amendment to Order 98	S.I. No. 17 of 2016: District Court (Children and Family Relationships Act 2015) Rules 2016
Order 99A	Procedure under - Housing (Miscellaneous Provisions) Act 1997 - Housing (Miscellaneous Provisions) Act 2014 : S.I. No. 506 of 2016
Order 99B	Employment Equality Act 1998 : S.I. No. 263 of 2006

Order 101	Appeals to the circuit court
Amendment to Order 101	S.I. No. 484 of 2003: District Court (Appeals to the Circuit Court) Rules 2003
Amendment to Order 101	S.I. No. 80 of 2005: District Court (Appeals to the Circuit Court) Rules 2005
Amendment to Order 101	S.I. No. 41 of 2008: District Court (Criminal Justice Act 2007) Rules 2008
Amendment to Order 101	S.I. No. 405 of 2017: District Court (European Account Preservation Order) Rules 2017
Order 102	Cases stated
Amendment to Order 102	S.I. No. 398 of 2006: District Court (Case Stated) Rules 2006

District Court Rules

Order 95

Malicious injuries

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