¾«Æ·¹ú²ú×ÔÏßÎçÒ¹¸£Àû

The following notices which were published recently in the Legal Diary may be of interest to practitioners.

Withdrawal of actions which have been set down

The attention of practitioners is drawn to Order 26, rule 2 of the Rules of the Superior Courts which reads:-

"When a case has been entered for trial, it may be withdrawn by either plaintiff or defendant, upon producing to the proper officer a consent in writing signed by the parties. The consent shall include the list number and trial venue of the case."

Where a party wishes to withdraw an action under this rule, the solicitor for such party should write to the Chief Registrar of the High Court quoting both record number and list number, requesting that the action be withdrawn and enclosing a letter of consent to such withdrawal from the solicitor for the other party.

This rule does not apply to actions involving persons in wardship, minor plaintiffs or fatal injuries.

In actions in which money has been lodged an Order of the Court will be required, except where money lodged is being accepted in satisfaction of a claim in cases where the claimant parties are sui juris.

Where, accordingly, actions which have been set down have been settled on terms which require only an order striking out, no application to the Court is necessary.

Actions set down for hearing - acceptance of sum paid into court in satisfaction of a claim

Practitioners are advised that a Court Order for payment out is no longer required where a Notice of Acceptance of money lodged in court is served pursuant to Order 22 rule 4, in an action which has been set down for hearing (but subject to the provisions of Order 22, rule 10 in respect of persons not sui juris). Prior to making application to the Accountant, however, practitioners must inform the Chief Registrar in writing that the action has been settled and may be taken out of the relevant list for trial, quoting both record number and list number. A copy of such written notification should be lodged with the Accountant when making an application for payment out.

The High Court

The books of the Accountant of this Court will be closed from Monday, 15 August, 1994 to Friday, 23 September, 1994 for the purpose of enabling the Accountant to balance the various accounts of suitors. Lodgments may be made during the period and the Accountant will invest money pursuant to Order of the Court.

The High Court - sittings during the Long Vacation 1994

During the Long Vacation, two Vacation Judges will sit at the Four Courts on…..Wednesday, 7 September and Wednesday, 21 September.

Interlocutory Applications and matters (including Bankruptcy) will not be listed without certificate from the Duty Registrar that the application is urgent and proper to be dealt with in the Vacation.

The Master or Deputy Master will sit on Tuesday, 6 September and Tuesday, 20 September.

Additional Long Vacation sittings

In addition to the fortnightly Vacation sittings, the Vacation Judge will be available in the Four Courts each day between the hours of 11 o'clock and 1 o'clock, but only if required to sit for a matter in which considerable urgency can be shown.

Bail Applications will be heard on Wednesday 3 August and on Tuesday in each succeeding week during the Long Vacation.

J.C. Delahunty

Chief Registrar