The Rules of the Superior Courts have been amended. There is now no longer a requirement to issue a Notice of Motion to Adopt a matter to the High Court pursuant to an Order to Transfer from the Circuit Court to the High Court having been made.
S.I. No. 189/2018 – Rules of the Superior Courts (Order 61A) 2018, which came into effect on the 15th of June last, states that when the Central Office receives any proceedings transferred or sent forward to the Court from the Circuit Court, on the expiry of the time permitted for any Appeal of the Order to Transfer or on the refusal of any such Appeal made, the proceedings shall be deemed (emphasis added) to be adopted into the Court.
This amendment will have the effect of reducing costs as there will no longer be any requirement to:-
- draft a Notice of Motion and Grounding Affidavit to adopt the proceedings to the High Court,
- incur court fees in respect of said documents, or
- incur legal fees for a court attendance at the Motion to Adopt.
It will also have the benefit of expediting the progression of proceedings as there can be delays of a few months between the date a Motion is issued and the date same is listed for hearing.
This recent amendment is a welcome development for insurance indemnifiers.