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Notice of the making of this Statutory Instrument was published in
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“Iris Oifigiúil” of 22nd April, 2022.
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We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the
Courts of Justice Act 1936
, section 67, and reconstituted pursuant to the provisions of the
Courts of Justice Act 1953
, section 15, by virtue of the powers conferred upon us by the
Courts of Justice Act 1924
, section 36, the
Courts of Justice Act, 1936
, section 68 (as applied by the
Courts (Supplemental Provisions) Act 1961
, section 48), the
Courts (Supplemental Provisions) Act 1961
, and of all other powers enabling us in this behalf, do hereby make the following Rules of Court.
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Dated this 31st day of January 2022.
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Donal O’Donnell (Chairperson)
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George Birmingham
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Mary Irvine
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Elizabeth Dunne
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Brian R. Murray
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Richard Humphreys
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Yvonne McNamara
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Grainne Larkin
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Stuart Gilhooly
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Liam Kennedy
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James Finn
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Mary Cummins
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I concur in the making of the following Rules of Court.
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Dated this 21st day of March, 2022.
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HELEN MCENTEE
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Minister for Justice
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1. (1) These Rules, which may be cited as the Rules of the Superior Courts (Lodgment and Tender) 2022, shall come into operation on the 26th day of April 2022.
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(2) These Rules shall be construed together with the Rules of the Superior Courts.
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(3) The Rules of the Superior Courts as amended by these Rules may be cited as the Rules of the Superior Courts 1986 to 2022.
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2. The Rules of the Superior Courts are amended by the substitution for sub-rule (9) of rule 1 of Order 22 of the following sub-rule:
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“(9) Notwithstanding sub-rule (7), in any case in which the plaintiff has, after the expiry of the time within which a defendant could make a payment into Court without leave, served:
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(i) a notice of replies to particulars, or
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(ii) additional particulars (without a request therefor), or
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(iii) a report of a medical practitioner concerning the plaintiff in a personal injuries action, in accordance with or for the purposes of Order 39, rule 46,
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the defendant may, thereupon, without leave, make a payment or increase any payment made into Court within 21 days from the date thereof upon notice to the plaintiff.”
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EXPLANATORY NOTE
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(This note is not part of the Instrument and does not purport to be a legal interpretation.)
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These Rules substitute Order 22, rule 1(9) of the Rules of the Superior Courts to provide for a defendant to make or increase a lodgment or tender without leave of the court upon delivery of a further medical report by a plaintiff in personal injuries proceedings.
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