Rules of Superior Courts

Lawstudent21

Can anyone tell me what is the difference between the rules of the superior courts and legislation? Can judges depart from these rules or are they strictly applied? Is there a reason they are called rules of practice?any help greatly appreciated

Brother Psychosis

the rules are largely in relation to practice and procedure in court actions, such as how actions are commenced and how certain interlocutory applications are handled, whereas legislation is the actual law

dermot_sheehan

The rules are secondary legislation in that they are a statutory instrument proposed by the superior courts rules committee and signed off by the minister for justice.

Section 14 of the Courts (Supplemental Provisions Act) 1961 states that the jurisdiction of the High Court, Court of Criminal Appeal and Supreme Court shall be exercised pursuant to the rules of court.

Note that Order 124 rule 1 of the Superior Court Rules allows a court to waive non compliance.

Lawstudent21

Great stuff very helpful thanks

betterfly

Does anybody know where you might be able to get the Rules of the Superior Courts as one document? I know you can go and look up each Order on Courts.ie, and you have the option of buying the hardcopy and having the amendments to figure out alongside that.

It would be great if they were just in one PDf document, and you could search for the bits you need? Anyone any idea's....

Thanks

Betterfly

Tom Young

Delany and McGrath or O'Floinn annotate same.

Roundhall publish the book/binder form.

It's used on a minutely basis by litigation lawyers in Ireland.

Tom