S.I. No. 14/1998:

RULES OF THE SUPERIOR COURTS (NO. 1) (SOLICITORS (AMENDMENT) ACT, 1994), 1998

RULES OF THE SUPERIOR COURTS (NO. 1) (SOLICITORS (AMENDMENT) ACT, 1994), 1998

We, the Superior Court 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, and the Courts of Justice Act, 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act, 1961 , section 48), and the Courts (Supplemental Provisions) Act, 1961 , section 14, and of all other powers enabling us in this behalf, do hereby make the annexed Rules of Court.

Dated this 20th day of November, 1997

I concur in the making of the annexed Rules of Court

Dated this 14th day of January, 1998.

John O'Donoghue

Aire Dlí agus Cirt, Comhionannais agus Athchóirithe Dlí

S.I. NO. 14 OF 1998

RULES OF THE SUPERIOR COURTS (NO. 1) ( SOLICITORS (AMENDMENT) ACT, 1994 ), 1998

1. The following rule shall be inserted as Rule 1 of Order 53 of the Rules of the Superior Courts in substitution for the existing Rule 1 of the same Order:

" 1. In this Order:

"the Act of 1954" means the Solicitors Act, 1954 ;

"the Act of 1960" means the Solicitors (Amendment) Act, 1960 ;

"the Act of 1994" means the Solicitors (Amendment) Act, 1994 ;

"the Acts" means the Solicitors Acts, 1954 to 1994;

"the Committee" means the Disciplinary Committee constituted in pursuance of section 6 of the Act of 1960;

"the Disciplinary Tribunal" means the Disciplinary Tribunal established by section 6 of the Act of 1960 (as substituted by section 16 of the Act of 1994);

"the President" means the President of the High Court;

"respondent solicitor" means a solicitor who is the subject matter of a report to the High Court prepared by the Disciplinary Tribunal pursuant to section 7(3) of the Act of 1960 (as substituted by section 17 of the Act of 1994) or who has appealed to the High Court under section 7(11) or section 7(13) of the Act of 1960 (as substituted by section 17 of the Act of 1994) or in respect of whom there is an appeal under section 7(12) of the Act of 1960 (as substituted by section 17 of the Act of 1994);

"the Society" means the Law Society of Ireland.

A reference to the President shall, where the function or power in question stands delegated under section 6 of the Act of 1954 to a Judge of the High Court, be construed as a reference to such Judge."

2. The following rules shall be inserted after Rule 22 as Rules 23 to 35 of Order 53 of the Rules of the Superior Courts:

" VII Report of the Disciplinary Tribunal under section 7(3) of the Act of 1960 (as substituted by section 17 of the Act of 1994)

23. A report of the Disciplinary Tribunal under section 7(3)(b)(i) or (ii) of the Act of 1960 (as substituted by section 17 of the Act of 1994) shall be delivered by the Tribunal to the High Court by post or by hand addressed to the President of the High Court within 28 days of the making of such report. A copy of the report shall at the same time be furnished to the Society, to the respondent solicitor and to any other person who made the application in relation to the respondent solicitor to the Disciplinary Tribunal.

24. A report of the Disciplinary Tribunal under section 7(3)(b)(ii) of the Act of 1960 (as substituted by section 17 of the Act of 1994) shall be brought before the High Court by the Society by being filed in the Central Office of the High Court together with a notice of motion, if necessary, claiming such order under section 8 of the Act of 1960 (as substituted by section 18 of the Act of 1994) as is sought by the Society. The motion shall be supported by an affidavit or affidavits (as the case may be). The notice of motion and affidavit shall be served upon the respondent solicitor and upon any person (not including the Society) who made the application in relation to the respondent solicitor to the Disciplinary Tribunal.

25. Upon the hearing of any motion bringing such report before the High Court, the Court may require any notice, affidavit or any document used or laid in evidence before the Disciplinary Tribunal or a transcript of the proceedings, if any, to be produced or made available to the Court by the Disciplinary Tribunal in such manner as the Court may direct".

" VIII. Appeals to the High Court under section 7 of the Act of 1960 (as substituted by section 17 of the Act of 1994) and applications under section 11 of the Act of 1994;

26. Every appeal to the High Court under section 7 of the Act of 1960 (as substituted by section 17 of the Act of 1994) or any application under section 11 of the Act of 1994 shall be brought by notice of motion which shall be a seven day notice and entitled in the matter of the solicitor to whom the same relates and in the matter of the Acts.

27. The notice of motion shall state the determination, direction, notice for production or delivery of documents of the Society or order or finding of the Disciplinary Tribunal (as the case may be) in respect of which the application or appeal is brought, the grounds of the application or appeal and the order (if any) sought by the applicant or appellant on such application or appeal.

28. The notice of motion shall be served on the Society or on the respondent solicitor, as the case may be, and also on any person (not including the Society) who has sought an inquiry into the alleged misconduct of the respondent solicitor by the Disciplinary Tribunal. Such notice of motion shall be served within the times fixed by the sections under which the application or appeal is made or brought. In the case of an appeal by a respondent solicitor pursuant to section 7(13) of the Act of 1960 (as substituted by section 17 of the Act of 1994) the notice of motion shall be served within twenty one days after the date of the delivery to the respondent solicitor of the Report of the Disciplinary Tribunal. The Court may, on application made to it by motion on notice to the Society and to any person who sought the said inquiry, extend the period for an appeal under section 7(13) in any case in which it appears just so to do.

29. The application or appeal shall be entered by the applicant or appellant by filing a copy of the notice of motion (with date of service thereof indorsed) together with any affidavit intended to be used in support thereof, in the Central Office of the High Court at the latest within seven days after the date of service thereof upon the Society or the respondent solicitor (as the case may be) or on any other person (not including the Society) who has sought an inquiry into the alleged misconduct of the respondent solicitor by the Disciplinary Tribunal.

30. The High Court shall have power, upon the hearing of any such application or appeal, to add other parties to the motion before the Court when it considers it necessary to do so in the interests of justice.

31. The evidence upon the hearing of such application or appeal shall be by affidavit, except in so far as the Court may direct oral evidence to be given.

32. The High Court shall have power, subject to the provisions of the Acts, to give any decision or make any order which ought to have been given or made and to make such further or other order as the case may require.

33. Any order by the High Court on such application or appeal shall be served by the applicant or appellant on the Society or the respondent solicitor (as the case may be) and shall be complied with in accordance with its terms.

IX. Applications pursuant to section 10 of the Act of 1960 (as amended by section 19 of the Act of 1994)

34. An application pursuant to section 10 of the Act of 1960 (as amended by section 19 of the Act of 1994) by a person to have his or her name restored to the roll of solicitors shall be made by motion on notice in the proceedings in which his or her name was removed from the roll. Notice of the motion shall be given to the Society and to any other person who made an application in respect of the respondent solicitor, if applicable. Such notice shall be a twenty eight day notice and shall be supported by an affidavit or affidavits setting forth fully the basis for such application.

X. General

35. An attested copy of every order made by the High Court under the Acts shall be sent by the Society to the Registrar of Solicitors ".

3. Subject to applications which are either pending or which may still be brought under Rules 7 to 11 of Order 53 of the Rules of the Superior Courts, the said rules are hereby repealed.

4. This rule shall come into operation on the 2nd day of February, 1998.

5. This rule shall be construed together with the Rules of the Superior Courts, 1986 to 1998 and may be cited as the Rules of the Superior Courts (No. 1) ( Solicitors (Amendment) Act, 1994 ), 1998.

EXPLANATORY NOTE

These Rules come into operation on the 2nd February, 1998 and provide for an amendment and additions to Order 53 of the Rules of the Superior Courts in regard to procedures in disciplinary and related matters arising under the Solicitors Acts, 1954 to 1994.