Court Cases and Procedures
2. Dispensing with Extraction of Grants (section 61(7) Registration of Title Act 1964)
3. Disobedience to Registrar’s Order to Produce Land Certificate
1. General
1.1 Land Registry Court Registrar One of the Examiners of Titles is appointed to act as the Land Registry’s Court Registrar, and the following matters are referred to him:
1. Applications to the High Court to dispense with extraction of Grants under section 61(7) of the R.O.T. Act, 1964. (See Chapter 2).
2. Applications to Court following disobedience to the Order of the Registrar of Titles to produce Land Certificate. (See Chapter 3).
3. Referral to Court under section 19(2), R.O.T. Act, 1964. (See Chapter 5).
4. Appeals to Court under section 19(1), R.O.T. Act, 1964. (See Chapter 5).
5. Appeals against determinations by the Registrar of Titles of claims for compensation under section 120, R.O.T. Act, 1964. (See Chapter 5(6)).
6. Miscellaneous other applications by Notice of Motion. See Order 96 , r. 2,Rules of the Superior Courts, 1986.
Applications to Court by the owner of a charge for possession of registered land are made by special summons lodged in the Central Office of the High Court not with the Land Registry Court Registrar (096 r. 15).
1.2 Civil Bills and Summonses The Deputy Registrar or Court Registrar should immediately be consulted on service on or receipt by any Registry Official of a civil bill or summons naming the Registrar of Titles or any of his staff as defendant or a summons requiring the Registrar or an official of the Registry to appear as a witness and/or produce documents.
If the Registrar is named as defendant in a matter concerning the amendment of a folio of the Register, the Deputy Registrar will decide whether or not to enter an appearance in the matter. If it is decided to do so, the Chief State Solicitor is instructed to enter such appearance on behalf of the Registrar. Alternatively, the Chief State Solicitor may be asked to keep a watching brief on the proceedings, or the Registrar may not deem it necessary to issue any instruction in the matter.
In the case of witness summons, the Registrar will appoint an official of the Land Registry to appear, providing reasonable expenses have been tendered by the person serving the summons.
Where officers so deputed attend Court to produce documents, the only function in attending is to produce the document and the officer is not obliged to answer questions on the interpretation or construction of such documents. It should, if necessary, be stated to the Court by the officer that he or she has no competence to do so. Such summons may also involve production of Land Registry Maps in Court.
1.3 Court Applications pending Applications (including appeals) to Court, even though made through the Land Registry, are not dealings pending on the Register and notice thereof is not entered on the folio under Rule 59.
A litigant in order to obtain an entry on the folio in respect of the proceeding would be required to lodge a lis pendens under Rule 119 in order to give effective notice of a court application.
A transfer or other dealing by the registered owner may be completed notwithstanding an application pending to Court.
A dealing referred to Court under section 19(2) of the Act, however, remains a “dealing pending” until completed.
1.4 Persons authorised to sign Orders of Registrar The Minister for Justice may, under section 13(1) of the Registration of Title Act, 1964, authorise other officers to exercise the powers of the Registrar of Titles including the power to sign Orders of the Registrar.
At present the following officers are so authorised:
The Deputy Registrars and Paul Doyle.
2. Dispensing with Extraction of Grants (section 61(7) Registration of Title Act 1964)
(i) The application is by notice of motion. Such notice is lodged in the Land Registry with the Court Registrar in the case of an application to the High Court, but is lodged with the County Registrar in the case of an application to the Circuit Court.
(ii) The applicant’s solicitor or counsel consults the Land Registry Court Registrar (or the County Registrar) about the date to be specified in the notice of motion.
(iii) The Land Registry’s Court Registrar (after consulting the Judges Court Registrar), fixes the date and notes the name of counsel who will be appearing (for the judge’s information).
(iv) Any person who is or may be affected by the relief claimed must be named as respondent in the notice of motion (O. 96, r 4. Rules of Superior Courts, 1986) and must be served with the notice (O. 96, r. 8.). The notice is usually served by sending a copy thereof together with a copy of each affidavit intended to be used in support thereof to the notice party by registered post six clear days at least before the hearing. The Land Registry’s Court Registrar may also direct that service be made on any persons appearing to him to be affected. The judge may, in any case, direct service to be made in some other fashion (0.96, r.8) or may dispense with service (0.96, r.11). An Affidavit of service should be lodged with the Land Registry’s Court Registrar. Said affidavit may be lodged at the same time as the notice of motion and grounding affidavit.
(v) The notice of motion together with a grounding affidavit should be lodged with the Court Registrar, if possible seven clear days before the date of the hearing. If not lodged within seven clear days, it is often convenient for the Court Registrar to abridge the time and proceed anyway on the date fixed (0.96, r.7, Rules of the Superior Courts). A fee payable to the Authority is taken both on the notice of motion and on the grounding affidavit which is validated on the original documents.
(vi) The Land Registry’s Court Registrar examines the documents and Folio; checks that the application comes within the terms of the subsection; notes any difficulty or any doubt as to the applicant’s entitlement to the property; calls these to the Solicitor’s attention so that he may deal with them either by supplementary affidavit or in Court.
(vii) Court Registrar mentions the case to the judge some days before the hearing and informs him of any likely difficulties. The judge may be asked if he requires oral evidence on any point. The judge will indicate when he will wish to see the papers. (Usually 10 minutes before the hearing).
(viii) On the last week day preceding the hearing, the Land Registry’s Court Registrar arranges for entry of the case on the Legal Diary for the date of the hearing.
(ix) The Legal Diary is available on the internet at www.courts.ie. Court Registrar sees the Judge in his chambers at the time appointed, shows the Judge the papers, calling his attention to any problems, and then proceeds to the Court, checks if counsel is in Court, if possible, before Court commences sitting.
(x) When called, the case will usually be dealt with swiftly. Counsel reads the application and Judge orders registration of the applicant.
(xi) The Land Registry’s Court Registrar drafts the order on Form 0/84 as per precedents in Judges Order Book and has same typed on Form 0/85 in duplicate, both of which are signed by the an authorised officer of the Authority and sealed with its seal.
(xii) The Land Registry’s Court Registrar informs applicant that order is ready and that fee should now be paid for the order; and that LR Form 17 and fees for dealing (registration of Court Order) should also be lodged with the Authority.
(xiii) The fee is validated on the duplicate order which will be part of the dealing rather than the duplicate order in the Judges Order Book.
(xiv) The dealing is then set up and settled.
3. Disobedience to Registrar’s Order to Produce Land Certificate
(i) The Registrar of Titles makes an Order to produce the Land Certificate. This contains reference to section 20, R.O.T. Act, 1964, viz, “If it is not produced within the time specified the Registrar will certify your disobedience to the Court on any application made to it under section 20 of the Registration of Title Act, 1964.”
(ii) Applicant’s Solicitor serves the order by delivering a copy of the order to the person to whom it is addressed, showing him the original. He relodges the original in the Land Registry with an endorsement of service on it together with affidavit of service.
(iii) On failure to lodge the Land Certificate after lapse of the period stated in the order, the Notice Clerk passes the case to the Court Registrar, who,
1. drafts a certificate of disobedience,
2. in consultation with the applicant’s Solicitor and the Land Commission Court Registrar fixes a date for the hearing, and,
3. Consults the judge for a direction as to service of notices in the matter. (Since the proceedings may involve imprisonment of the respondent the judge will probably require the notices to be served personally rather than by Registered Post as is usual in Land Registry matters (0.96, r.8, Rules of the Superior Courts 1986.
(iv) The Certificate of disobedience is signed by the Registrar in duplicate and Land Registry seal embossed thereon. One of the original sealed Certificates is issued with an unsealed copy to the applicant’s solicitor and the other is filed in the Registrar’s Order Book.
(v) The applicant’s Solicitor serves the Certificate of disobedience on the respondent.
(vi) The applicant’s Solicitor brings a notice of motion for the date fixed by the Land Registry’s Court Registrar for the hearing preferably requesting the Court to order the respondent to produce the Land Certificate within a time to be fixed by the Court and if he fails, to be attached and committed. The application might be for committal for failure to obey the Order of the Registrar (see section 20 Registration of Title Act, 1964), and , if so, the Court Registrar will in due course bring the attention of the Judge to the possible unconstitutionality of such an order. (See In Re. Haughey, 1971 I.R. 217). An Affidavit grounding the motion is sworn by the applicant. The notice of motion and grounding affidavit must be served on the respondent in the manner directed and then lodged with the Land Registry’s Court Registrar bearing endorsement of such service and accompanied by affidavit of service.
(vii) Fees are payable on both the Notice of Motion and the Grounding Affidavit.
(viii) The Land Registry’s Court Registrar arranges for notice of the matter to be printed in the Legal Diary on the date of the hearing (see Chapter 6(5) hereunder).
(ix) If the respondent is not present the Court will probably make an order that the respondent appear in the Court on a specified day and time and bring with him and there produce the Land Certificate.
(x) The Court Registrar prepares said Order and has an endorsement put on the copy as per Order 41, Rule 8, (which the words “including imprisonment” after the words “process of execution”). The Central Office of the High Court should be consulted in drafting said order.
(xi) On payment of fee for the Order, the Court Registrar issues same, with copy, to the applicant who serves on the respondent and lodges the affidavit of service or produces same in Court.
(xii) Court Registrar arranges for notice of the matter to be printed in the Legal Diary on the date specified in the Order. (See Chapter 6(5)).
(xiii) On the said date the respondent’s name is called in Court. If he does not appear, the Judge may make an order to have him attached and brought before the Court on a stated date.
(xiv) Court Registrar makes out the Court Order. Applicant on payment of fee takes up same and arranges in the Central Office of the High Court for execution of same (0.42, r. 23).
(xv) Case is listed for the date specified in said Order. If it has been executed the Gardai will have the respondent before the Court.
4. Referral to Court
4.1 The Authority will refer a dealing to Court under section 19(2), Registration of Title Act, 1964, when it entertains a doubt about a point of law arising on the dealing.
In general, the Authority is not disposed to refer to Court applications under section 49 of the Act where a dispute arises between the applicant and an objector as to the possession of the lands. If the objector does not show sufficient evidence to put the applicant’s case in doubt, the objection should be overruled and registration completed. If, however, an objector produces such evidence, (for example, acts of ownership in contradiction of the claim of the applicant to be in exclusive possession), the application should be refused, as the Registrar cannot on such evidence be “satisfied that the applicant has acquired the title” (section 49(2)).
Where a caution has been entered on a folio and the registered owner applies for cancellation of the caution and such cancellation is opposed by the cautioner, it is not the practice to refer such a case to Court. The cautioner is to be given a reasonable time to institute proceedings to establish his right, and if he does not do so, the caution is to be cancelled. (See Practice Direction on Cautions and Inhibitions).
In the case of a contested application for the registration of an inhibition (See Practice Direction on Cautions and Inhibitions), the Authority will decide whether a given case is suitable for referral to Court.
4.2 Whether High or Circuit Court When a decision has been made to refer a matter to Court, the applicant’s solicitor should be asked whether he requires the case to be referred to the High Court or the Circuit Court, and, if to the Circuit Court, to specify the place of sitting required. It is for him to satisfy the Circuit Court that the matter is within its jurisdiction.
If a ward of court is involved as objector, the General Solicitor for Minors and Wards of Court may express a preference for referral to the High Court. If so, the Solicitor for the applicant should be so informed, but the instruction of the applicant’s solicitor should be followed. On referral to the Circuit Court the Solicitor for the ward can, if he wishes, apply to the Circuit Court to transfer the matter to the High Court.
4.3 Evidence – affidavit – oral – memorandum of Registrar The evidence is by affidavit save in so far as the Court directs oral evidence to be given. (0.96, r.6, Rules of the Superior Courts, 1986.)
A party wishing to bring oral evidence might request the Land Registry’s Court Registrar to see the judge in chambers and ask for a direction that oral evidence by given. Such a direction can also be requested in open court.
The Authority may submit a memorandum (annexed to its Order referring the matter) containing “a concise statement of the material facts and documents on which the question referred to the Court arises” (Rule 181(1), Land Registration Rules, 2012).
Such a memorandum is usually appropriate where there is a point of law to be determined, or where the matter to be determined is not defined in the affidavits of applicant and objector.
Any officer referring such a matter to his superior for ultimate referral to court should prepare a memorandum setting out the question to be determined and the material facts and documents on which the question arises.
4.4 Circuit Court (details)
(i) The Land Registry’s Court Registrar drafts an order of the Registrar referring the matter to the Circuit Court and arranges to have it signed by an authorised officer of the Authority and its seal affixed thereto. A copy thereof is made for the dealing for the Solicitor of each of the objecting parties for the applicant’s Solicitor and for the County Registrar.
(ii) The original of said order is placed in the current Authority’s Order Book and the volume and page number thereof are noted on the copies.
(iii) The Land Registry Court Registrar writes to the Solicitor for the applicant and the Solicitor for each objector informing them of the referral and enclosing a copy of the order. He suggests that they contact the County Registrar as to the date of the hearing.
(iv) The Land Registry Court Registrar writes to the County Registrar and encloses a copy of the Order, the original affidavits of the applicant and objectors (with exhibits), and the Registrar’s memorandum, if any. He usually includes in his letter a request for the return of the documents in due course together with a copy of the Court’s Order.
(v) The Land Registry Court Registrar retains the dealing in his press pending decision by the Circuit Court. He issues periodic enquiries to the applicant’s solicitor and/or the County Registrar as to the current state of the proceedings.
(vi) On determination of the proceedings the Court Order is drafted by the successful party and brought to the County Registrar for perfection.
(vii) If the applicant has been successful, he will lodge an official copy of the Court Order. The County Registrar returns the documents to the Land Registry (if necessary on request by the Land Registry Court Registrar). The Land Registry Court Registrar then returns the case for completion to the officer or section which has been dealing with same.
If, however, there is doubt as to what registration is to be made under the Court Order, the Land Registry Court Registrar, having discussed same with the officer dealing with the case and with the Deputy Registrar, will take the matter up with the County Registrar and, if necessary, prepare an Order of the Authority applying to the Court under section 21(2) of the Registration of Title Act, 1964.
(viii) If the applicant has not been successful, his application is treated as withdrawn or abandoned on return of the documents from the County Registrar. It is up to the successful objector to draft and obtain the Court Order and lodge same as a separate dealing in the Land Registry. Sometimes no Order is made, the matter being struck out by the Court or the objector failing to lodge a draft Order for perfection.
4.5 High Court (details)
(i) The Land Registry Court Registrar drafts an Order of the Registrar referring the matter to the High Court and obtains the signature of an authorised officer of the Authority and arranges to affix its seal thereon.
A copy thereof is made for the dealing, for the applicant’s solicitor and for the Solicitor of each of the objecting parties.
(ii) The original of said Order is placed in the Registrar’s Order Book and the volume and page numbers thereof noted on the copies.
(iii) The Land Registry Court Registrar consults the Judge’s Court Registrar, and, if necessary, the Judge, and, if possible, fixes a date for the hearing.
(iv) The Land Registry’s Court Registrar writes to the solicitor for the applicant and the solicitor for each objector informing them of the referral and enclosing a copy of the Order. If the date of the hearing is fixed he informs them of the date, time and Court number of the hearing and the name of the Judge assigned thereto. If the date is not fixed he says he will inform them in due course. He asks for the name of the counsel who will be appearing.
(v) The Land Registry’s Court Registrar keeps in contact with the Judge’s Court Registrar, and, if necessary, the Judge, in case any change is made in the Court’s sitting affecting the matter. When the date is fixed, and on any change, he writes to the solicitors for the parties or, if time is short, contacts them by telephone.
(vi) The Land Registry’s Court Registrar mentions the case to the Judge some days before the hearing and arranges to bring the papers to him.
(vii) If the decision is likely to be one of general interest the Land Registry’s Court Registrar considers the possibility of reporting the matter. He contacts the officer of the Law Reporting Council by phone (Mr. Lloyd-Blood) and, if oral evidence is involved, he enquires of the Senior High Court Registrar if a reporter can be made available for the hearing.
(viii) On the last week day preceding the hearing (i.e. Friday, if the hearing is on Monday), the Court Registrar arranges for entry of the case in the Legal Diary for the date of the hearing.
(ix) At the hearing the Land Registry’s Court Registrar notes the names of counsel and any witnesses and takes as detailed notes as possible. He carefully notes the details of the Judge’s order. (If necessary he can clarify any aspect he is not clear on with the Judge later).
(x) The Land Registry’s Court Registrar prepares the Court Order, where necessary consulting the officials of the Central Office as to format or consulting the Judge as to content. Same is drafted, signed by an authorised officer of the Authority and sealed with the Authority seal in duplicate.
(xi) When the order is ready the Land Registry’s Court Registrar so informs the applicant’s solicitor who pays the Authority fee. The original order is placed in the Judge’s Order Book and the date of perfection thereof is noted thereon. The volume and page number, as well as the date of perfection, are noted on the duplicate. Same is then issued to the Solicitor. A copy of the order is placed with the dealing which is referred back to the appropriate officer and completed in accordance with the Court Order or treated as withdrawn or abandoned as appropriate.
4.6 Withdrawal of cases referred to Court
(i) In a contested case in the High Court the Land Registry’s Court Registrar has the case listed for mention. The Judge may order the case to be adjourned generally with liberty to both parties to apply. If so, a note to this effect is put on the application and the application is treated as withdrawn.
(ii) In a High Court case which is not contested there is no need to go before the Court; the case is treated as withdrawn in normal course.
(iii) If a Circuit Court case, the Land Registry’s Court Registrar informs the applicant’s Solicitor that the papers cannot be returned to him until received back from the County Registrar with his confirmation that the proceedings have terminated.
4.7 Abandonment of cases referred to Court
(i) Land Registry’s Court Registrar writes to the Solicitors for the parties and, in the case of a Circuit Court Case, to the County Registrar, requesting them to say if, in view of the delay in bringing the proceedings before the Court for decision, they can show any reason why the Authority should not rescind its Order referring the matter to Court and treat the application as abandoned pursuant to Rule 181(3).
(ii) If sufficient cause is not shown within a reasonable time, he writes to the Solicitors for the parties stating that it appears to the Authority that there has been undue delay in bringing the case before the Court for decision and that if no step is taken within 21 days he will, pursuant to the said Rule, rescind its Order and treat the proceedings as abandoned.
(iii) The Land Registry’s Court Registrar drafts a Registrar’s Order as follows:-
“THE ABOVE MATTER having been referred to the ……………. Court by order of the Registrar of Titles dated ………….. and IT APPEARING that there has been undue delay in having the matter brought before the Court for its decision, IT IS ORDERED that the said Order dated …………………. is hereby rescinded.”
(iv) The original of this order is placed on the Registrar’s Order Book; copies are prepared for the dealing, all the parties and the County Registrar. The volume and page numbers are noted on the copies.
(v) A line is drawn through the Order by which the case was referred to Court and in the margin the following note is entered:
“Rescinded, ROB Vol …………….. P………….”
(vi) The Land Registry’s Court Registrar writes to the County Registrar in a Circuit Court case enclosing copy of the order and requesting return of the documents so that the application can be abandoned.
(vii) The Land Registry’s Court Registrar (on receipt back of the documents in a Circuit Court case) writes to the Solicitors for each party enclosing a copy of the order.
(viii) The dealing is treated as abandoned.
5. Appeals to Court (section 19(1) Registration of Title Act 1964)
5.1 General When a person wishes to appeal to Court against a decision of the Authority, (other than a registration made), a formal Ruling of the Registrar of Titles is first made and entered in the Registrars Ruling Book (see Rule 179). The officer referring the case for the Registrar’s Ruling should specify in his direction the reason for the refusal. A copy of the Ruling is issued to the proposed appellant.
In the case of an appeal against a registration made, however, it is not appropriate for the Registrar to make such a Ruling. The decision is in such a case evidenced by the entry in the register and the appellant may apply for an order to rectify the Register.
Where the Authority’s Ruling is made refusing registration, the affidavits of the objectors should be retained in the Land Registry and a copy of the affidavit of the applicant and of the documents produced by him should also be filed, so that, in the event of an appeal, the Instrument will show the case made as well as the reason for refusal. This does not, of course, apply to an application withdrawn or abandoned.
Where an application is being refused the applicant may be informed of his right to appeal to Court under section 19(1) of the Registration of Title Act, 1964. He should not be advised, however, that this procedure is the appropriate one for his case. It may well be that other proceedings would be advisable. The Court on such appeal might, for example, consider merely whether or not the Registrar was correct in refusing registration and other proceedings might be required to determine the issues in dispute between the parties.
5.2 Institution of Appeal The appeal to Court is instituted by Notice of Motion.
In the case of an appeal to the High Court, the Notice of Motion is lodged with the Land Registry’s Court Registrar.
In the case of an appeal to the Circuit Court the Notice of Motion is lodged with the County Registrar.
A fee is payable on the Notice of Motion and on any affidavit supporting it.
5.3 Circuit Court Appeals Circuit Court Appeals are governed by the Circuit Court Rules.
The appellant may or may not serve his notice of motion on the Registrar of Titles.
If s/he does, the Land Registry’s Court Registrar holds the correspondence in his/her room pending finalisation of the appeal. However, the appeal is not a dealing pending and any dealing lodged pending the appeal should not on that account be rejected. (See also Chapter 1(3) above).
If the appellant alleges that the Registrar was wrong on practice or policy in his decision under appeal, the Registrar may wish to be represented on that matter in court, in which case the Chief State Solicitor would be briefed. However in most cases the appeal is on the facts and the Registrar is not represented.
If an Instrument is required in Court for the purpose of the proceedings, application should be made for transmission thereof to the County Registrar under Rule 186. Applicants frequently overlook this rule and instead sub-poena the Registrar or some Registry Official.
If this happens, the Solicitor who served the sub-poena should be contacted immediately by phone and encouraged to proceed under Rule 157 instead of pursuing his sub-poena. But if s/he persists and reasonable costs are tendered with the sub-poena, the Registrar is obliged to respond by appointing an officer to appear in the Court with the documents (see also Chapter 1(2) above).
If, as a result of the appeal, the Court Orders an amendment of the register, the Court Order should be lodged as a dealing in normal course.
Frequently when appeals are refused no formal order of the Circuit Court refusing the appeal is perfected. When this is ascertained by the Land Registry’s Court Registrar, s/he files the correspondence away.
5.4 High Court Appeals The appeal being by Notice of Motion, the procedure set out in Chapter 2 above is followed. As the matter is usually more difficult than the applications referred to in that chapter, the judge will usually require to see the papers a few days before the hearing.
If the appeal is unsuccessful the Order dismissing the appeal is put in the Judge’s Order book.
5.5 Appeals to the Supreme Court Appeals to the Supreme Court from Orders of the High Court are governed by Order 58 of the Superior Court Rules 1986. The Notice of Appeal is lodged in the Office of the Supreme Court.
Where an appeal to the Supreme Court is intended, the Land Registry’s Court Registrar causes an endorsement to be entered on the High Court Order as follows:-
“Passed and perfected this_________ day________ of 19__ ”
The endorsement is signed by an authorised officer of the Authority and dated as of the date of signature.
The Land Registry’s Court Registrar should also provide the Judge with a typed copy of his notes of the proceedings as an aid to the Judge in providing his report to the Supreme Court.
Registration under the High Court Order is postponed until the outcome of the appeal and the Land Registry’s Court Registrar holds the case.
5.6 Appeals for Compensation Claims for compensation are made against the Minister for Finance. The application is lodged with the Authority and notice served on the said Minister and on the Chief State Solicitor. If the Minister disputes the claim the Authority refuses the claim and embodies its adjudication in a formal Order (Rules 184 to 185). An appeal against the adjudication and order of the Registrar is made by Notice of Motion, which is lodged with the Land Registry’s Court Registrar in the case of an appeal to the High Court, or with the County Registrar in the case of an appeal to the Circuit Court. The decision of the High Court can, again, be appealed to the Supreme Court.
6. Procedures and Etiquette
6.1 Judge assigned to Land Registry Matters Land Registry cases are heard “by such Judge as President of the High Court may from time to time assign to hear the same.” (0.96, r.2, Rules of the Superior 1986 ).
6.2 Fixing a date
1. the Land Registry’s Court Registrar fixes a date after consultation with the Judge’s Court Registrar.
2. if the case will take a considerable amount of time the Judge is consulted.
3. Entry in the Legal Diary is by e-mailing legaldiary@courts.ie
4. The Land Registry’s Court Authority writes to the Solicitors for the parties informing them of the date, time, court venue and judge assigned to the hearing.
5. The Land Registry’s Court Registrar keeps in contact with the Judge’s Court Registrar, and, if necessary, the Judge, in case any change is made in the Court’s sittings affecting the matter. On any change, he writes to the Solicitors for the parties or, if time is short, contacts them by phone.
6.3 Listing for mention Cases may be listed for mention, – either on request of a party or on the initiative of the Land Registry’s Court Registrar, – to review the case, give directions as to how to proceed, fix a date for hearing, determine notice parties and mode of service, allow the applicant to withdraw, etc.
6.4 Ex Parte Applications Applications can be made “ex parte” to Court for directions as to how to proceed in a matter not yet formally before the Court. If the Land Registry’s Court Registrar is forewarned of such applications he can announce “Ex Parte Applications” in Court. Otherwise counsel or solicitors for the party may address the judge at any suitable opportunity.
6.5 The Legal Diary The Legal Diary, published every day during court term, lists the cases and matters to be heard or mentioned in the various courts. Items for publication therein are e-mailed to legaldiary@courts.ie by noon on the last week day before the date of the required publication. (If the hearing is on Monday, the notice is so delivered by noon on the preceding Friday).
In relation to a Land Registry matter, the Land Registry’s Court Registrar drafts the notice for the Legal Diary e-mails it to legaldiary@courts.ie. The legal diary for the day can be printed from the Courts Services website www.courts.ie.
6.6 Addressing the Judge In court, the judge is addressed formally as “your lordship”. In chambers and informally he is addressed “Judge”.
6.7 Entry of Judge All stand as the Judge enters the Court Room and face the Judge. When he is seated, bow and sit down.
6.8 Calling Cases Court Registrar calls the case as printed in the Legal Diary.
If, however, the counsel for the parties are not in court when the Land Registry case is called it may be necessary to call the case again when the Judge’s list is finished.
6.9 Swearing witness Witnesses are called to the witness box by Counsel. The Court Registrar swears them in by asking them to hold the Bible in their right hand and having them repeat after him the following words:
“I swear by Almighty God that the evidence I shall give to the Court shall be the truth the whole truth and nothing by the truth.”
In the alternative the affirmation procedure is used where the witness so chooses.
The Court Registrar then asks the witness his name and repeats it to the Judge.
6.10 Calling a Party This arises in a case where the Court has made an Order that a person appear in court at a certain time and date, e.g. to appear and produce a Land Certificate. At the Judge’s direction the Court Registrar calls out “Is there any appearance by and on behalf of (the name of the person)”.
6.11 Judgments and Orders In his judgment the Judge states the reason for his decision.
The Court order sets out only the matters determined and ordered and does not specify reasons.
Where a written judgment is given, a copy thereof is filed with the Instrument. The Order only is filed in the Judges Order Book.
A Court Order “shall be dated the day of the week, month and year on which same was made, unless such Court shall otherwise direct ………………….” (0. 101, r.1, Rules of the Superior Court , 1986).
The Judge may require a written judgment to be vetted by the Officer of the Incorporated Council of Law before signing same as approved.
An index of written judgments is produced by the Law Reporting Council and published in the Solicitors’ Gazette.
6.12 Reporting Judgments
1. Notify the Officer of the Law Reporting council if any decision of general interest is anticipated.
2. In the case of written judgments, send two copies of the approved judgment to the said officer.
3. If oral evidence is to be given the Land Registry Court Registrar arranges with the Judge’s Court Registrar that the case be recorded, if that facility is available in that courtroom, or that a stenographer be made available.
6.13 Revocation of Judges Order The Order is cancelled by the Registrar of Titles by writing across the face of it (Vol. 14 p.188).
6.14 Service of Notices Notices of Motion in Land Registry matters are served by registered post unless the Court directs otherwise.(096, R8 Rules of the Superior Courts, 1962. The Court is likely to direct personal service in the case of orders to produce Land Certificates (see Chapter 3, hereof).
Service of the notice should be proved by affidavit which should be lodged with the Court Registrar before the date of the hearing.
Personal service is effected by delivering a copy of the document to the person and showing him the original (0 9, r 3). The day and date of the service is endorsed on the original and the affidavit of service sets out those facts.
7. Fees
The fees chargeable on court applications are imposed by the Supreme and High Court Fees Order.
Frank Treacy
Deputy Registrar
1 December 2009
Updated 01 February 2013