Civil Liability and Courts Act 2004

Interest on costs, charges or expenses of certain judgments, orders or decrees.

41

41.—(1) Section 30 of the Act of 2002 is amended by the substitution of the following subsection for subsection (1):

“(1) Subject to section 23 of the Act of 1981, interest on the amount of costs, charges or expenses awarded to a party in proceedings in a court, to which section 27 of the Debtors (Ireland) Act 1840 applies, pursuant to a judgment, order or decree of the court, shall—

( a) not be payable until—

(i) if the amount aforesaid is agreed by the parties to the proceedings, the date of such agreement, or

(ii) in default of agreement—

(I) the date on which a certificate of taxation (which expression includes an interim certificate of taxation) in respect of the amount aforesaid is issued by a taxing master of the High Court or by a county registrar exercising the powers of such a taxing master, as may be appropriate, or

(II) if appropriate, in the case of proceedings in the Circuit Court, the date on which a county registrar measures the amount aforesaid in accordance with rules of court,

and

( b) be payable at the rate for the time being standing specified in section 26 of the Debtors (Ireland) Act 1840, from the appropriate date aforesaid until that amount is paid.”.

(2) Subsections (3) and (4) of section 30 of the Act of 2002 are repealed.

(3) The amendments to section 30 of the Act of 2002 effected by this section apply to—

( a) actions brought on or after the commencement of this section, and

( b) actions pending on the date of such commencement.