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Where am I now? Lawlink > Law Reform Commission > Publications > Summary of Recommendations
Report 35 (1983) - Community Law Reform Program: Second Report - Interest on Certain Debts
Summary of Recommendations
The recommendations in this report may be summarised as follows:
1. Courts, Tribunals and Arbitrators - the Power to Award Interest (see paras 4.249)
- Amendment of the Courts of Petty Sessions (Civil Claims) Act 1970 so as to confer upon Courts of Petty Sessions a power to award interest in respect of the period prior to the time when a judgment takes effect similar to the power conferred upon the Supreme Court and District Court (see also recommendation in third paragraph of section 4 of this Summary).
- Amendment of the Commercial Arbitration Bill, 1982 or any legislation based thereon, in accordance with the amendments proposed in respect of the Supreme Court Act 1970 in section 4 of this Summary.
2. Default Judgements and Liquidated Demands Where a Claim for Interest is Made (see paras 4.10-4.22)
- Amendment of the rules of the Supreme Court to ensure that where there is a claim for interest under section 94 of the Supreme Court Act, 1970 together with a claim for a liquidated demand, a defendant can be required to verify his or her defence.
- Amendment of the rules of the Supreme Court to ensure that where there is a claim for interest under section 94 of the Supreme Court Act, 1970 together with a claim for a liquidated demand, a defendant can obtain a stay by payment in accordance with Part 7 rule 4, and that a plaintiff can endorse the statement of claim with a note to that effect.
- Amendment of the rules of the Supreme Court to allow a default judgment to be obtained where there is a claim for interest under section 94 of the Supreme Court Act, 1970 together with a claim for a liquidated demand. The plaintiff should be required to specify in the statement of claim the portion of the claim on which interest is claimed, the date from which it is claimed and the rate at which it is claimed. The plaintiff should be required to include in an affidavit any facts relied upon in support of the claim for interest A defendant wishing to oppose the award of interest claimed should be able to give notice of dispute and file an affidavit containing particulars of any facts upon which he or she relies. The amount payable for interest should be assessed by the Registrar at the time when the default judgment is filed or processed, and save, in special circumstances, should be at the rate fixed from time to time by practice direction.
- In relation to proceedings brought for the recovery of a liquidated sum together with interest under section 94 of the Supreme Court Act, 1970 amendment of the rules of the Supreme Court to enable the obtaining of a default judgment which will include interest under section 94 in respect of the whole or any part of the period between the date when the cause of action arose and the date when the default judgment takes effect.
- Amendment of the District Court Act, 1973 so as to achieve the same effect as the foregoing recommendations, and to allow Judgements by confession to include interest claims as envisaged by paragraph 4.19.
- Amendment of the Courts of Petty Sessions (Civil Claims) Act 1970 so as to achieve the same result.
3. Payment into Court After Action Brought (Including Defence of Tender) (paras 2.18, 4.23- 4.26)
- Amendment of the District Court Rules to ensure that under section 83A of the District Court Act 1973 interest is taken into account in determining whether an amount paid into court is greater than the amount for which judgment is given or entered.
- No recommendation is made in relation to moneys paid into court with a defence of tender, except for a minor amendment to rules of court as described in paragraphs 2.18 and 4.24.
- No recommendation is made in respect of payment into court in the case of Courts of Petty Sessions.
4. Payment After Action Brought Otherwise than by Payment into Court (paras 4.27-4.34)
- Amendment of section 94 of the Supreme Court Act 1970 so as to allow the discretionary award of interest up to the date of payment where the debt claimed is paid after proceedings are instituted but before judgment is obtained.
- Amendment of section 83A of the District Court Act 1973 so as to achieve the same result.
- Amendment of the Courts of Petty Sessions (Civil Claims) Act 1970 so as to introduce a section similar to section 94 of the Supreme Court Act 1970 and section 83A of the District Court Act 1973 as amended in accordance with our recommendations above.
5. Debts Paid Before Action Brought (see paras 4.35-4.37)
No recommendation is presently made in respect of such payments.
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