STATUTORY INSTRUMENTS

S.I. No. 15 of 2005

Rules of the Superior Courts (Lawyers' Establishment Regulations), 2005

S.I. No. 15 of 2005

Rules of the Superior Courts (Lawyers' Establishment Regulations) 2005

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, 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 following Rules of Court.

S.I. No. 15 of 2005

RULES OF THE SUPERIOR COURTS (LAWYERS' ESTABLISHMENT REGULATIONS) 2005

1.        Order 52 of the Rules of the Superior Courts ( S.I. No 15 of 1986 ) is hereby amended by the addition of the following rule immediately following rule 17 thereof:

“18. Nothing in rule 17 shall preclude the Court from allowing, in an application to which rule 17 applies, both a registered lawyer (within the meaning of Regulation 2 of the European Communities (Lawyers' Establishment) Regulations 2003, as amended) and counsel (not being such registered lawyer) where, by reason of Regulation 10(2) of the said Regulations (as amended) such registered lawyer is required to act in conjunction with a practising barrister”.

2.        Order 53 of the Rules of the Superior Courts is hereby amended by:

(i) the substitution of the following for the heading to that Order:

“Order 53

“Solicitors and Registered Foreign Lawyers”

and

(ii) the insertion, immediately following rule 17 thereof, of the following:

“XI Appeals Under the European Communities (Lawyers' Establishment) Regulations 2003 (as amended)

18.      In this Part, “2003 Regulations” means the European Communities (Lawyers' Establishment) Regulations 2003 (as amended).

19. (1)              An appeal by a lawyer against a decision made by a competent authority under Regulation 6(3)(c) of the 2003 Regulations shall be brought by notice of motion, which motion shall, save where the Court gives leave for it to be brought later, be brought within a period of 42 days from the date upon which the decision is communicated in writing to the lawyer pursuant to Regulation 6(3)(c) of the 2003 Regulations.

(2)                   An appeal by a lawyer against a decision deemed to have been made by a competent authority under Regulation 6(3)(d) of the 2003 Regulations shall be brought by notice of motion, which motion shall, save where the Court gives leave for it to be brought later, be brought within a period of 42 days from the date upon which the competent authority is deemed to have rejected the lawyer's application pursuant to Regulation 6(3)(d) of the 2003 Regulations.

20. (1)              A notice of motion brought under rule 19 shall be served, as appropriate, on

(a)       the Honorary Secretary of the General Council of the Bar of Ireland, where the competent authority whose decision or deemed decision is appealed against is the General Council of the Bar of Ireland, or

(b)       the Registrar of Solicitors where the competent authority whose decision or deemed decision is appealed against is the Society.

(2)                   The said notice of motion shall be entitled in the matter of the European Communities (Lawyers' Establishment) Regulations 2003 and 2004 on the application of the lawyer bringing the appeal. The notice of motion shall state the relief sought; the name and place of residence or address for service of the lawyer seeking relief, and the date upon which it is proposed to apply to the Court for relief, and shall be filed in the Central Office.

21.                  If it shall appear to the Court at any stage that any other person to whom notice has not been given ought to have had such notice, the Court may adjourn the hearing thereof in order that such notice may be given, upon such terms (if any) as the Court may think fit to impose.

22.                  Unless the Court gives leave to the contrary, there must be at least 10 clear days between the service of the notice and the day named therein for the hearing of the motion.

23. (1)              Unless the Court otherwise directs, evidence at the hearing of a motion brought under rule 19 shall be given by affidavit.

(2)                   Any affidavit to be used in support of the motion shall be filed in the Central Office and a copy of any such affidavit shall be served with the notice. Any affidavit used in opposition to the application shall be filed in the Central Office by the respondent or any notice party within 21 days of the service of the applicant's affidavit and the respondent or notice party, as the case may be, must within such period serve a copy of any such affidavit intended to be used by it on the applicant”.

3.       Order 125 of the Rules of the Superior Courts is hereby amended

(a) by the insertion in rule 1 of thereof of the following definition, immediately after the definition of the expression “the Constitution”:

““Counsel” shall, where the context so admits or requires, include a lawyer, or lawyers, registered under the European Communities (Lawyers' Establishment) Regulations 2003 (as amended) for the purpose of pursuing the professional activities of a barrister within the meaning of the said Regulations and

(b) by the insertion in rule 1 of thereof of the following definition, immediately after the definition of the expression “sheriff”:

““Solicitor” shall, where the context so admits or requires, include a lawyer, registered under the European Communities (Lawyers' Establishment) Regulations 2003 (as amended) for the purpose of pursuing the professional activities of a solicitor within the meaning of the said Regulations”.

4.        These rules shall come into operation on the 11th day of February 2005.

5. These rules shall be construed together with the Rules of the Superior Courts 1986 to 2005 and may be cited as the Rules of the Superior Courts (Lawyers' Establishment Regulations) 2005.

EXPLANATORY NOTE

(This note does not form part of the Instrument and does not purport to be a legal interpretation)

These Rules amend the Rules of the Superior Courts ( S.I. No. 15 of 1986 ) and prescribe procedures in respect of the European Communities (Lawyers' Establishment) Regulations 2003 (As amended).