In short
This law makes provisions for how legal costs and expenses are handled in certain court cases, particularly concerning the Circuit Court and High Court, and appeals from the Circuit Court.
What it regulates
- The jurisdiction of a Circuit Court Judge to award and determine costs and expenses.
- How costs are taxed in High Court cases that fall within the Circuit Court's jurisdiction.
- How costs are taxed in appeals from the Circuit Court to the High Court.
- The definition of "the appointed day" in relation to Circuit Court Rules and costs.
Who it concerns
- Judges of the Circuit Court.
- Taxing Masters responsible for assessing legal costs.
- Parties involved in legal proceedings in the High Court and Circuit Court, and appeals between them.
Key points
- A Circuit Court Judge has, and is deemed always to have had, discretion to either fix the amount of costs or direct how they are to be ascertained.
- For High Court cases within the Circuit Court's jurisdiction, the Taxing Master can tax costs on the principle that the amount should be two-thirds of what they would be if taxed as High Court costs, or on another suitable principle.
- This two-thirds principle also applies to the Circuit Court portion of costs in appeals from the Circuit Court to the High Court.
- The law defines "the appointed day" as when Circuit Court Rules providing a scale of costs come into operation.
đ Legal text
Courts of Justice (No. 2) Act, 1931
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1931
Courts of Justice (No. 2) Act, 1931
Courts of Justice (No. 2) Act, 1931
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Number 40 of 1931.
COURTS OF JUSTICE (No. 2) ACT, 1931.
ARRANGEMENT OF SECTIONS
Section
1.
The appointed day.
2.
Costs in Circuit Court cases.
3.
Costs in High Court cases within the jurisdiction of the Circuit Court.
4.
Costs in appeals from the Circuit Court.
5.
Short title and citation.
Act Referred to
Courts of Justice Act, 1924
No. 10 of 1924
Number 40 of 1931.
COURTS OF JUSTICE (No. 2) ACT, 1931.
AN ACT TO MAKE PROVISION IN RELATION TO COSTS AND EXPENSES IN CERTAIN LEGAL PROCEEDINGS. [10th November, 1931.]
BE IT ENACTED BY THE OIREACHTAS OF SAORSTĂT EIREANN AS FOLLOWS:â
The appointed day.
1.âIn this Act the expression âthe appointed dayâ means the day on which Rules of the Circuit Court made under Part II of the
Courts of Justice Act, 1924
(No. 10 of 1924), and providing a scale of costs for the Circuit Court come into operation.
Costs in Circuit Court cases.
2.âWhenever and wherever, either before the passing of this Act or after such passing and before the appointed day, a Judge of the Circuit Court has or had jurisdiction to award any costs and expenses or either of them (whether to be paid by a person or persons or out of an estate or fund) he shall have and be deemed always to have had jurisdiction at his discretion either to fix the amount of such costs and expenses or either of them (as the case may be), or to direct the manner in which and the principles on which such amount is to be ascertained.
Costs in High Court cases within the jurisdiction of the Circuit Court.
3.â(1) Whenever and wherever either before the passing of this Act or after such passing and before the appointed day, the costs of any party to any proceedings in the High Court are required by law or by an order of that Court to be taxed or ascertained as if they were costs incurred in the Circuit Court, the Taxing Master charged with the duty of taxing such costs shall have and be deemed always to have had jurisdiction to tax such costs either, at his discretion, on the principle that the amount of such costs should be two-thirds of the sum to which such costs would amount if taxed as if they were costs incurred in the High Court, or on such other principle as such Taxing Master thinks proper to adopt in any particular case.
(2) Nothing in this section shall apply to any costs which before the passing of this Act were directed by the Supreme Court to be taxed on any particular principle appointed by that Court in respect of those particular costs.
Costs in appeals from the Circuit Court.
4.âWhenever and wherever, before the passing of this Act or after such passing and before the appointed day, costs are awarded (whether payable by a person or persons or out of an estate or fund) by the High Court in an appeal from the Circuit Court, the Taxing Master charged with the duty of taxing such costs shall have and be deemed always to have had jurisdiction to tax so much of such costs as relate to proceedings in the Circuit Court either, at his discretion, on the principle that the amount of such costs should be two-thirds of the sum to which such costs would amount if taxed as if they were costs incurred in the High Court, or on such other principle as such Taxing Master thinks proper to adopt in any particular case.
Short title and citation.
5.â(1) This Act may be cited as the Courts of Justice (No. 2) Act, 1931.
(2) For the purposes of collective citation the expression âthe Courts of Justice Acts, 1924 to 1931â shall include this Act.
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AI explanation based on the official legal text. Indicative, not a substitute for legal advice.