In short
This law, the Courts Act 2019, makes several changes to existing laws concerning the courts, primarily by increasing the number of judges in the Court of Appeal and adjusting the retirement age for District Court judges.
What it regulates
- The number of ordinary judges in the Court of Appeal.
- Aspects of legal costs adjudication under the Legal Services Regulation Act 2015.
- The retirement age for judges of the District Court.
- Procedures for payments and offers in satisfaction of legal costs during adjudication.
Who it concerns
- Judges of the Court of Appeal.
- Judges of the District Court.
- Parties involved in legal costs adjudication.
Key points
- The number of ordinary judges of the Court of Appeal is increased to not more than 15.
- The retirement age for a judge of the District Court is increased to 70 years.
- A County Registrar does not need to publish reasons for a determination in legal costs taxation if the taxation does not involve a matter of legal importance.
- New procedures are introduced for parties to an adjudication to pay money into court or make an offer by way of tender to satisfy costs.
đ Legal text
Courts Act 2019
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Number 30 of 2019
Courts Act 2019
CONTENTS
1. Amendment of section 1A of Courts (Establishment and Constitution) Act 1961
2. Amendment of Courts and Court Officers Act 1995
3. Amendment of Legal Services Regulation Act 2015
4. Retirement age of judge of District Court increased to 70 years
5. Short title and commencement
Acts Referred to
Court of Appeal Act 2014
(No. 18)
Courts (Establishment and Constitution) Act 1961
(No. 38)
Courts (No. 2) Act 1988
(No. 34)
Courts (Supplemental Provisions) Act 1961
(No. 39)
Courts and Court Officers Act 1995
(No. 31)
Courts of Justice (District Court) Act 1949
(No. 8)
Legal Services Regulation Act 2015
(No. 65)
Number 30 of 2019
COURTS ACT 2019
An Act to amend section 1A of the
Courts (Establishment and Constitution) Act 1961
to increase the number of ordinary judges of the Court of Appeal to fifteen; to amend the
Courts (Supplemental Provisions) Act 1961
; to amend the
Courts and Court Officers Act 1995
; to amend the
Legal Services Regulation Act 2015
; and to provide for related matters.
[23rd July, 2019]
Be it enacted by the Oireachtas as follows:
Amendment of section 1A of Courts (Establishment and Constitution) Act 1961
1. Section 1A (inserted by
section 6
of the
Court of Appeal Act 2014
) of the
Courts (Establishment and Constitution) Act 1961
is amended in subsection (2) by the substitution of the following paragraph for paragraph (b):
â(b) not more than 15 ordinary judges, each of whom shall be styled âBreitheamh den ChĂșirt Achomhaircâ (âJudge of the Court of Appealâ).â.
Amendment of Courts and Court Officers Act 1995
2.
Section 27
of the
Courts and Court Officers Act 1995
is amended byâ
(a) the deletion of subsections (6) and (7), and
(b) the insertion of the following subsection after subsection (11):
â(12) This section shall not apply to an adjudication of legal costs under Part 10 of the
Legal Services Regulation Act 2015
.â.
Amendment of Legal Services Regulation Act 2015
3. The
Legal Services Regulation Act 2015
is amendedâ
(a) in section 141, by the insertion of the following subsection after subsection (5):
â(6) For the purposes of subsection (3)(f), a County Registrar need not publish the reasons for a determination where he or she is of the opinion that the taxation concerned does not involve a matter of legal importance.â,
(b) in section 154(10)â
(i) in paragraph (c), by the substitution of âadjudication,â for âadjudication, andâ,
(ii) in paragraph (d), by the substitution of âattempt,â for âattempt.â, and
(iii) by the insertion of the following paragraphs after paragraph (d):
â(e) a procedure whereby a party to an adjudication may, upon notice to another partyâ
(i) pay into court a sum of money, or
(ii) make an offer by way of tender to the other party,
in satisfaction of the costs of the other party that are the subject of the adjudication, and
(f) the respective liability of the parties referred to in paragraph (e) for the costs of the adjudication where the amount of a payment or offer referred to in that paragraph is equal to or greater than the amount of the costs concerned that, in the adjudication, are determined to be paid.â,
(c) in section 160(2)(a), by the substitution of âsection 163â for âsection 166â, and
(d) in section 172â
(i) in subsection (2), by the insertion of the following paragraph after paragraph (a):
â(aa) the President of the Court of Appeal;â,
and
(ii) by the insertion of the following subsection after subsection (6):
â(6A) On the death or retirement of the President of the Court of Appeal, the senior ordinary judge of the Court of Appeal who is for the time being available shall be a member of the Committee until the appointment of a President of the Court of Appeal.â.
Retirement age of judge of District Court increased to 70 years
4. (1)
Section 30
(1) of the
Courts (Supplemental Provisions) Act 1961
is amended by the substitution of âseventyâ for âsixty-fiveâ.
(2) The amendment effected by subsection (1) extends to a person who is a judge of the District Court immediately before the commencement of this section and, in particular, to such judge in respect of whom a warrant made under
section 2
of the
Courts of Justice (District Court) Act 1949
subsists immediately before such commencement (and the continuance in office, on and from the commencement of this section, of the second-mentioned judge shall be by virtue of the amendment effected by subsection (1) and not otherwise).
(3) The reference in subsection (2) to a warrant made under
section 2
of the
Courts of Justice (District Court) Act 1949
includes a reference to a warrant made under that section 2 in the circumstances permitted by
section 1
of the
Courts (No. 2) Act 1988
.
Short title and commencement
5. (1) This Act may be cited as the Courts Act 2019.
(2) This Act shall come into operation on such day or days as the Minister for Justice and Equality may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.
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