1. The scale of costs following paragraph 2 of this Part of this Appendix shall apply in relation to the following cases if the writ of summons therein was issued on or after 1st January 1981 and was indorsed in accordance with Order 6, rule 2(1)(b), with a claim for a debt or liquidated demand only of £350 upwards, that is to say—
(a)cases in which the defendant pays the amount claimed or a sum of not less than £350 within the time and in the manner required by the indorsement of the writ;
(b)cases in which the plaintiff obtains judgment in default of appearance under Order 13, rule 1, or under that rule by virtue of Order 83, rule 4, or judgment in default of defence under Order 19, rule 2, being in any case judgment for a sum of £350 or upwards;
(c)cases in which the plaintiff obtains judgment under Order 14, for a sum of £350 or upwards; either unconditionally or unless that sum is paid into court or to the plaintiff's solicitors.
2. There shall be added to the basic costs set out in the said scale—
(i)if the amount recovered is less than £1,200, the fee payable on an ordinary civil bill process in the county court for that amount, and
(ii)in any other case the fee paid on the issue of the writ and, where applicable, on the final judgment.
| Amount to be allowed in cases under the following sub-paragraphs of paragraph 1 of this Appendix | ||||
|---|---|---|---|---|
| (a) | (b) | (c) | ||
| £ p | £ p | £ p | ||
| If the amount recovered is :— | ||||
| not less than £350 but less than £1,000 | ||||
| (i) where the writ was served by post | 9.25 | 12.25 | 15.25 | |
| (ii) where the writ was served on the defendant personally | 10·00 | 13·00 | 16·00 | |
| not less than £1,000 but less than £1,200 | ||||
| (i) where the writ was served by post | 13.40 | 18.40 | 24.40 | |
| (ii) where the writ was served on the defendant personally | 15.00 | 20.00 | 26.00 | |
| not less than £1,200 | 17.25 | 27.50 | 40.85 | |
| Amount to be allowed where the amount recovered is— | |||
|---|---|---|---|
| (i) | (ii) | ||
| not less than £350 but less than £1,200 | not less than £1,200 | ||
| £ p | £ p | ||
| (1) Where there is more than one defendant, in respect of each additional defendant served | 1·00 | 2·05 | |
| (2) Where substituted service is ordered and effected, in respect of each defendant served | 3·50 | 7·75 | |
| (3) Where the plaintiff's solicitor has no place of business within 5 miles of the Royal Courts of Justice, or where he has a place of business within that area but any defendant is served outside that area | 1·00 | 2·05 | |
| (4) Where service outside the jurisdiction is ordered and effected, in the case of service— | |||
| (a) in England and Wales, Scotland, the Isle of Man or the Channel Islands | 8·00 | 11·15 | |
| (b) in any other place out of the jurisdiction | 12·00 | 17·20 | |
| (5) In the case of judgment in default of defence or judgment under Order 14, where notice of appearance is not given on the day on which appearance is entered, and the plaintiff makes an affidavit of service for the purpose of a judgment in default of appearance (the allowance to include the service) | 1·25 | 3·40 | |
| (6) In the case of judgment under Order 14 where an affidavit of service of the summons is required | 1·25 | 3·40 | |
| (7) In the case of judgment under Order 14 for each adjournment of the summons | 1·25 | 2·05 | |
| Costs to be allowed | |
|---|---|
| £ p | |
| (8) Where the amount recovered is not less than £1,200 and there is no available solicitor carrying on business within 2 miles of the place where the defendant is served, a mileage allowance in respect of each mile after the first two miles between that place and the nearest place of business of an available solicitor | 0·15 |
1.—(1) Where the writ of summons is indorsed with a claim for the possession of land and the plaintiff obtains judgment—
(a)under Order 13, rule 4 or 5, in default of appearance, or
(b)under Order 19, rule 5 or 6, in default of defence, or
(c)under Order 14,
for possession of the land and costs, then, subject to sub-paragraph (2), there shall be allowed the costs prescribed by paragraph 2 of this Part of this Appendix.
(2) Where the plaintiff is also entitled under the judgment to damages to be assessed, or where the plaintiff claims any relief of the nature specified in Order 88, rule 1, this Part of this Appendix shall not apply.
2. The costs to be allowed under this Part of this Appendix shall be the costs which would be allowed under Part I (together with the fee paid on the writ) if judgment had been obtained in the same circumstances, that is to say, in default of appearance or defence or under Order 14, but the writ has been indorsed with a claim for a debt or liquidated demand only of £350 or upwards and judgment for not less than £350 but less than £1,200 had been obtained.
1. Where a plaintiff or defendant signs judgment for costs under rule 10, there shall be allowed—
| Costs of the judgment | £2·15 |
2. Where a certificate of a judgment or decree is registered in the High Court in the Register for English Judgments or the Register for Scottish Judgments under the Judgments Extension Act 1868, within 12 months of the date of the judgment and without an order, there shall be allowed—
| Costs of registration | £9·45 |
3. Where proceedings are taken pursuant to Order 111, there shall be marked on the judgment summons in respect of the cost thereof ... ... ... ... £5·00
[E. App. 3]