1996 No. 19
County Court (Amendment) Rules (Northern Ireland) 1996
Made
Coming into operation
We, the County Court Rules Committee, appointed by the Lord Chancellor under Article 46 of the County Courts (Northern Ireland) Order 19801, in exercise of the powers conferred on us by Article 47 of that Order and all other powers enabling us in that behalf, hereby make the following rules:—
Citation and interpretation1
1
These rules may be cited as the County Court (Amendment) Rules (Northern Ireland) 1996.
2
In these rules a reference to an Order, Rule, Appendix or Form is a reference to that Order, Rule, Appendix or Form as numbered in the County Court Rules (Northern Ireland) 19812.
Costs2
1
Order 19 shall be amended at Rule 5 by deleting the figure “£22·96” and substituting the figure “£25·54”.
2
Order 24 shall be amended, at paragraph 7(a) of Rule 9, by deleting the figure “£9·00”, and substituting the figure “£10·00” and by deleting the figure “£12·70” and substituting the figure “£14·12”.
3
Order 33 shall be amended, at paragraph (6) of Rule 10, by deleting the figure “£5·22” and substituting the figure “£5·80”.
4
Order 55 shall be amended as follows:—
a
by deleting, in Rule 13, the figure “80p” and substituting the figure “90p”.
b
by deleting, in Rule 17, the figure “£1·86” and substituting the figure “£2·06”.
5
For Appendix 2 there shall be substituted the new Appendix set out in the Schedule.
We, the undersigned members of the County Court Rules Committee, having by virtue of the powers vested in us in this behalf made the foregoing Rules, do hereby certify the same under our hand and submit them to the Lord Chancellor accordingly.
After consultation with the Lord Chief Justice, I allow these rules which shall come into operation on 26th February 1996.
SCHEDULEAPPENDIX 2
Part IOrdinary civil bills
In actions where amount decreed— | Solicitor’s costs |
---|---|
(1) | (2) |
| £156 |
| £384 |
| £613 |
| £841 |
| £1,033 |
| £1,168 |
| £1,302 |
| £1,424 |
| £1,535 |
| £1,635 |
| £1,724 |
| £1,870 |
| £2,055 |
In actions where amount decreed— | Counsel’s fee | ||
---|---|---|---|
(1) | (3) | ||
(i) does not exceed £500 | £48 | ||
(ii) exceeds £500 but does not exceed £1,000 | £100 | ||
(iii) exceeds £1,000 but does not exceed £2,000 | £140 | ||
(iv) exceeds £2,000 but does not exceed £3,000 | £186 | ||
(v) | exceeds £3,000 but does not exceed £4,000 | £218 | |
(vi) exceeds £4,000 but does not exceed £5,000 | £247 | ||
(vii) exceeds £5,000 but does not exceed £7,500 | £344 | ||
(viii) exceeds £7,500 but does not exceed £10,000 | £401 | ||
(ix) exceeds £10,000 but does not exceed £12,500 | £458 | ||
(x) exceeds £12,500 but does not exceed £15,000 | £516 | ||
|
Ordinary civil bills
In actions where amount claimed— | Solicitor’s costs |
---|---|
(1) | (2) |
| £148 |
| £366 |
| £584 |
| £799 |
| £982 |
| £1,109 |
| £1,236 |
| £1,353 |
| £1,458 |
| £1,553 |
| £1,638 |
| £1,807 |
| £1,952 |
In actions where amount claimed— | Counsel’s fee |
---|---|
(1) | (3) |
| £48 |
| £100 |
| £140 |
| £186 |
| £218 |
| £247 |
| £344 |
| £401 |
| £458 |
| £516 |
|
Costs where no notice of intention to defend is served and judgment is marked under Order 12
In actions where amount decreed— | Where sum claimed and costs specified in civil bill not paid within 21 days of service |
---|---|
(1) | (2) |
| £57 |
| £90 |
| £113 |
| £129 |
| £142 |
| £157 |
| £175 |
| £191 |
| £206 |
| £219 |
| £231 |
| £251 |
| £277 |
|
Ordinary civil bills — title jurisdiction
Valuation | Solicitor’s costs | Counsel’s fee |
---|---|---|
(1) | (2) | (3) |
| £256·00 | £133·00 |
| £356·00 | £200·00 |
|
Ordinary civil bills — title jurisdiction
Valuation | Solicitor’s costs | Counsel’s fee |
---|---|---|
(1) | (2) | (3) |
| £245·00 | £133·00 |
| £345·00 | £200·00 |
|
Libel and slander
In actions where amount decreed— | Solicitor’s costs | Counsel’s fee |
---|---|---|
(1) | (2) | (3) |
| £389·00 | £167·00 |
| £456·00 | £250·00 |
| £523·00 | £311·00 |
| £623·00 | £389·00 |
| £705·00 | £463·00 |
| £793·00 | £531·00 |
|
Libel and slander
In actions where amount claimed— | Solicitor’s costs | Counsel’s fee |
---|---|---|
(1) | (2) | (3) |
| £378·00 | £167·00 |
| £445·00 | £250·00 |
| £512·00 | £311·00 |
| £612·00 | £389·00 |
| £694·00 | £463·00 |
| £782·00 | £531·00 |
|
Part IIRemitted actions
In actions where amount decreed— | Solicitor’s costs |
---|---|
(1) | (2) |
| £156 |
| £384 |
| £613 |
| £841 |
| £1,034 |
| £1,168 |
| £1,302 |
| £1,424 |
| £1,535 |
| £1,635 |
| £1,724 |
| £1,870 |
| £2,055 |
In actions where amount decreed— | Counsel’s fee |
---|---|
(1) | (3) |
| £48 |
| £100 |
| £140 |
| £186 |
| £218 |
| £247 |
| £344 |
| £401 |
| £458 |
| £516 |
|
Solicitor’s costs | £2,008·00 |
Counsel’s fee | £516·00 |
provided, however, that, where no specific sum or a sum exceeding £15,000 is claimed, the Judge, having regard to the importance or difficulty of the case or to the amount involved, may increase the above amount. | |
|
Part IIIEjectments
Solicitor’s costs | Counsel’s fee | |
---|---|---|
(1) | (2) | (3) |
Where the proceedings are for the recovery of possession of premises by a statutory body under statutory powers or which are not otherwise subject to the Rent and Mortgage Interest (Restrictions) Acts (Northern Ireland) 1920 to 1956— | £95·00 | £46·00 |
In other cases— where the valuation
| £234·00 | £88·00 |
| £334·00 | £167·00 |
|
Solicitor’s costs | Counsel’s fee | |
---|---|---|
(1) | (2) | (3) |
Where the proceedings are for the recovery of possession of premises by a statutory body under statutory powers or which are not otherwise subject to the Rent and Mortgage Interest (Restrictions) Acts (Northern Ireland) 1920 to 1956— | £89·00 | £46·00 |
In other cases— where the valuation
| £223·00 | £88·00 |
| £323·00 | £167·00 |
|
Part IVProceedings to annul precept, order or conviction — Order 37
Instructions, drawing notice and copy | £14·70 |
Entry, preparation for and attending hearing | £48·57 |
Drawing order | £4.41 |
Part VRestitution of possession
Where the application for restitution is opposed and is refused, Part III, Table 2, shall apply as if the respondent were a defendant.
Where the application for restitution is granted no party and party costs shall be allowed.
Part VIGrant and revocation of probate or administration
Where the net estate— | Solicitor’s costs | Counsel’s fee |
---|---|---|
(1) | (2) | (3) |
| £267·00 | £200·00 |
| £367·00 | £250·00 |
| £490·00 | £278·00 |
| £604·00 | £305·00 |
| £711·00 | £329·00 |
|
Grant and revocation of probate or administration
Where the net estate— | Solicitor’s costs | Counsel’s fee |
---|---|---|
(1) | (2) | (3) |
| £256·00 | £200·00 |
| £356·00 | £250·00 |
| £478·00 | £278·00 |
| £593·00 | £305·00 |
| £700·00 | £329·00 |
|
Part VIIAppliction under Criminal Injuries to Persons (Compensation) Act (Northern Ireland) 1968
Where amount awarded— | Solicitor’s costs | Counsel’s fee |
---|---|---|
(1) | (2) | (3) |
| £18·00 | £6·00 |
| £33·00 | £18·00 |
| £58·00 | £22·00 |
| £90·00 | £29·00 |
| £100·00 | £32·00 |
| £119·00 | £34·00 |
| £132·00 | £48·00 |
| £151·00 | £58·00 |
| £165·00 | £68·00 |
| £174·00 | £70·00 |
| £182·00 | £75·00 |
| £192·00 | £77·00 |
| £199·00 | £83·00 |
| £207·00 | £87·00 |
| £216·00 | £90·00 |
| £226·00 | £93·00 |
| £233·00 | £100·00 |
| £240·00 | £103·00 |
| £247·00 | £106·00 |
|
Table 2: Respondent’s Costs
Where an application for compensation is dismissed the amount recoverable by the respondent for solicitor’s costs or counsel’s fees shall, in default of agreement, be such amount, if any, as the Judge may settle.
Party and party costs in appeals under Article 15 of the Criminal Damage (Compensation) (Northern Ireland) Order 1977 in relation to claims for compensation under that Order
Where the amount awarded is greater than the Secretary of State’s determination and does not exceed— | Solicitor’s costs | Counsel’s fee |
---|---|---|
(1) | (2) | (3) |
£ | £ | £ |
250 | 126 | 48 |
500 | 155 | 60 |
750 | 195 | 80 |
1,000 | 223 | 93 |
2,000 | 251 | 105 |
3,000 | 280 | 117 |
4,000 | 310 | 123 |
5,000 | 337 | 132 |
6,000 | 368 | 141 |
7,000 | 397 | 151 |
8,000 | 424 | 158 |
9,000 | 455 | 169 |
10,000 | 485 | 178 |
15,000 | 617 | 225 |
20,000 | 765 | 277 |
25,000 | 899 | 327 |
30,000 | 1,046 | 385 |
35,000 | 1,180 | 436 |
40,000 | 1,324 | 496 |
45,000 | 1,459 | 533 |
50,000 | 1,594 | 613 |
60,000 | 1,807 | 708 |
70,000 | 2,018 | 805 |
80,000 | 2,223 | 907 |
90,000 | 2,435 | 1,015 |
100,000 | 2,637 | 1,120 |
125,000 | 2,773 | 1,193 |
150,000 | 2,918 | 1,273 |
175,000 | 3,063 | 1,374 |
200,000 | 3,200 | 1,437 |
250,000 | 3,478 | 1,600 |
300,000 | 3,548 | 1,647 |
350,000 | 3,616 | 1,688 |
400,000 | 3,681 | 1,730 |
450,000 | 3,750 | 1,770 |
500,000 | 3,818 | 1,818 |
600,000 | 3,959 | 1,909 |
700,000 | 4,095 | 1,999 |
800,000 | 4,235 | 2,090 |
900,000 | 4,377 | 2,189 |
1,000,000 | 4,512 | 2,284 |
NOTE:
|
B. Respondent’s Costs
1
Where an appeal is dismissed, the Judge may order the appellant to pay the Secretary of State an amount for his solicitor’s costs or counsel’s fees.
2
Where he does so, that amount shall, in default of agreement, be such as the Judge may determine, whether equal to or less than the costs actually incurred or the fees paid by the Secretary of State in resisting the appeal.
Party and party costs in appeals under Article 16 of the Criminal Injuries (Compensation) (Northern Ireland) Order 1988
Where the amount awarded is greater than the Secretary of State’s determination and does not exceed— | Solicitor’s costs | Counsel’s fee |
---|---|---|
(1) | (2) | (3) |
£ | £ | £ |
500 | 195 | 80 |
750 | 270 | 109 |
1,000 | 337 | 128 |
2,000 | 368 | 142 |
3,000 | 386 | 157 |
4,000 | 416 | 172 |
5,000 | 435 | 187 |
6,000 | 455 | 191 |
7,000 | 474 | 197 |
8,000 | 492 | 205 |
9,000 | 512 | 214 |
10,000 | 532 | 223 |
15,000 | 611 | 246 |
20,000 | 704 | 280 |
25,000 | 803 | 304 |
30,000 | 897 | 329 |
35,000 | 995 | 367 |
40,000 | 1,093 | 405 |
45,000 | 1,189 | 444 |
50,000 | 1,283 | 485 |
60,000 | 1,401 | 528 |
70,000 | 1,545 | 597 |
80,000 | 1,740 | 683 |
90,000 | 1,932 | 772 |
100,000 | 2,126 | 862 |
125,000 | 2,416 | 1,005 |
150,000 | 2,511 | 1,070 |
175,000 | 2,610 | 1,126 |
200,000 | 2,705 | 1,182 |
225,000 | 2,805 | 1,233 |
250,000 | 2,900 | 1,284 |
NOTE:
|
B. Respondent’s Costs
1
Where an appeal is dismissed, the Judge may order the appellant to pay to the Secretary of State an amount for his solicitor’s costs or counsel’s fees.
2
Where he does so, that amount shall, in default of agreement, be such as the Judge may determine, whether equal to or less than the costs actually incurred or the fees paid by the Secretary of State in resisting the appeal.
Party and party costs in appeals under section 28(5) of the Northern Ireland (Emergency Provisions) Act 1978 and under section 63(4) of the
Northern Ireland (Emergency Provisions) Act 1991
Where the amount awarded is greater than the Secretary of State’s decision and does not exceed— | Solicitor’s costs | Counsel’s fee |
---|---|---|
(1) | (2) | (3) |
£ | £ | £ |
250 | 126 | 48 |
500 | 155 | 60 |
750 | 195 | 80 |
1,000 | 223 | 94 |
2,000 | 251 | 105 |
3,000 | 280 | 117 |
4,000 | 310 | 123 |
5,000 | 337 | 132 |
6,000 | 368 | 141 |
7,000 | 397 | 151 |
8,000 | 424 | 158 |
9,000 | 455 | 169 |
10,000 | 485 | 178 |
15,000 | 617 | 225 |
20,000 | 765 | 277 |
25,000 | 899 | 327 |
30,000 | 1,046 | 385 |
35,000 | 1,180 | 436 |
40,000 | 1,324 | 496 |
45,000 | 1,458 | 533 |
50,000 | 1,594 | 613 |
NOTES:
|
B. Respondent’s Costs
1
Where an appeal is dismissed, the Judge may order the appellant to pay to the Secretary of State an amount for his solicitor’s costs or counsel’s fees.
2
Where he does so, that amount shall, in default of agreement, be such as the Judge may determine, whether equal to or less than the costs actually incurred or the fees paid by the Secretary of State in resisting the appeal.
Part VIIIEquity suits and proceedings
1
Subject to the Judge’s discretion, the following regulations shall be applicable to the costs of equity suits and proceedings under Articles 13 and 14 of the Order.
2
For the determination of costs in equity matters there shall be ten scales which may be known respectively as Scales 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 and shall, subject to the succeeding regulations of this Part, be applied as follows, that is to say—
Where the value of the personalty and/or lands— | The scale applicable shall be— |
---|---|
does not exceed £2,500 | Scale 1 |
exceeds £2,500 but not £7,500 | Scale 2 |
exceeds £7,500 but not £12,500 | Scale 3 |
exceeds £12,500 but not £15,000 | Scale 4 |
exceeds £15,000 but not £20,000 | Scale 5 |
exceeds £20,000 but not £25,000 | Scale 6 |
exceeds £25,000 but not £30,000 | Scale 7 |
exceeds £30,000 but not £35,000 | Scale 8 |
exceeds £35,000 but not £40,000 | Scale 9 |
exceeds £40,000 but not £45,000 | Scale 10 |
and the costs in the Schedule hereto shall apply accordingly.
3
For the purpose of ascertaining the appropriate scale the value of any lands not valued by a court valuer or sold in the course of the proceedings shall, subject to any direction of the Judge, be taken to be ten times their net annual value.
4
Where the subject of the proceedings is under the Rates (Northern Ireland) Order 1972 property which is not treated as a hereditament, its value shall, where the property is not valued by a court valuer or sold in the course of the proceedings be taken, subject to any direction of the Judge, to be an amount which is equal to forty times the amount which the Commissioner of Valuation certifies would be entered in the valuation list as its net annual value if it were so treated and if it had been valued under the enactments repealed by that Order.
5
Notwithstanding the foregoing provisions of this Part, the Judge may in any case direct that any of the scales prescribed in this Part be wholly or partly applicable for the determination of the costs of any party thereto.
6
Where any item of costs or expenses has not been provided for in the said Schedule, or where, having regard to the work actually performed, the amounts provided in the Schedule are in the opinion of the Judge inadequate, he may for any particular case make a special order allowing such costs and expenses as he may think just.
7
The value of the subject matter of any suit for the purpose of stamp duties and for the allowance of costs and expenses shall in case of dispute be assessed by the Judge.
8
Where a suit is terminated by settlement or other arrangement at any time before the final decree, the Judge may order such allowance in respect of costs and expenses of either or any of the parties as in his opinion, having regard to the nature and circumstances of the case, may seem just.
9
The costs of separate appearances by counsel or solicitor for parties whose interests are not antagonistic shall not be allowed, nor shall more than one set of costs be allowed for any parties for whom the Judge is of the opinion that separate appearances were unnecessary.
10
Costs as between party and party shall in all cases be taxed by the district judge when directed by the Judge, and as between solicitor and client on requisition. Every such taxation shall be subject to review by the Judge wholly or in part.
11
Where in a mortgage suit the defendant, either before the hearing or within the time fixed by the primary decree, pays the amount due for principal and interest together with all costs due up to the date of payment, such costs shall be ascertained by reference to the amount due at the commencement of the proceedings and not by reference to the value of the lands.
12
Where equity proceedings involve a declaration of title or a claim for damages for trespass to lands, or an injunction in relation to lands, it shall be in the discretion of the Judge to direct that costs shall be in accordance with Tables 4 and 5 in Part I in lieu of any other Tables or scales.
13
Counsel travelling to attend a court—
a
20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £16·60;
b
more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £33·24.
Solicitor travelling to attend a court—
a
20 to 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £16·60;
b
more than 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £33·24.
Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel.
14
For each day or part of a day on which a trial or hearing is continued after the first day—
a
counsel is entitled to an additional sum equivalent to one third of the scale fee;
b
a solicitor in attendance is entitled to an additional sum equivalent to one third of counsel’s fee.
SCHEDULECounsel’s fees
Scale 1 | Scale 2 | Scale 3 | Scale 4 | Scale 5 | Scale 6 | Scale 7 | Scale 8 | Scale 9 | Scale 10 | |
---|---|---|---|---|---|---|---|---|---|---|
£ | £ | £ | £ | £ | £ | £ | £ | £ | £ | |
For advising proceedings or defence, settling the equity civil bill or petition and advising proofs— | 56 | 78 | 100 | 111 | 145 | 167 | 195 | 220 | 245 | 269 |
On the hearing of every equity civil bill or petition— | 167 | 223 | 278 | 334 | 389 | 445 | 501 | 556 | 612 | 668 |
In suits in which the primary relief sought is of course, and involves a reference for account or inquiry, and a second decree, no fee shall be allowed in respect of the first hearing unless the Judge, having regard to any question of difficulty which may arise in the course of the suit, otherwise directs. | ||||||||||
In every suit for equitable relief, where the right to such relief is not contested, the fees allowed on the hearing shall, unless the Judge otherwise directs, not exceed— | 56 | 78 | 100 | 111 | 145 | 167 | 195 | 220 | 245 | 269 |
The allowance of fees for counsel which are not hereinbefore provided for shall be governed by the nature, circumstances and general requirements of each case, and, save as herein provided, no fee to counsel shall be allowed on taxation unless by special direction in writing signed by the Judge, which direction must in all cases be applied for at the time of counsel’s appearance; and no costs of counsel shall be allowed in any case which in the opinion of the Judge is not fit for such allowance.
In all cases in which a fee to counsel is allowed or directed by the Judge, there shall be produced to the officer on taxation—
a
the brief or document in respect of which such fee is charged;
b
where requisite, a memorandum of the allowance or direction of the Judge; and
c
counsel’s receipt;
otherwise the items for the fee and all relevant instructions shall be disallowed, or the taxation shall be disallowed, or the taxation shall be adjourned without costs of attendance, at the discretion of the Officer.
Solicitor ’s costsPercentage or Commission in lieu of Solicitor’s Costs in Suits by Civil Bill or Petition
If in any suit, having regard to its nature and circumstances, it appears to the Judge, on the application of the solicitor having carriage of the proceedings, or of the solicitor for any party interested in the suit, that it is expedient that a percentage or commission should be allowed as remuneration to the solicitor or solicitors for his or their services in each suit, in lieu of ordinary costs therein, he may make such allowance, subject to the following provisions, that is to say—
a
The percentage or commission in any such suit shall be calculated upon the value of the subject matter of the suit.
b
The application for such allowance may be made at any hearing of a suit or by interlocutory application.
c
In case of the death or change of the solicitor on whose application such allowance has been made, or for any other cause, the Judge may subsequently vary such direction, and order that any costs properly and necessarily incurred in the suit are to be ascertained in the usual way.
d
The allowance of a percentage or commission in lieu of costs shall not prejudice or restrict the exercise by the Judge of the jurisdiction to allow or disallow costs to any party in any suit.
Solicitor’s costsWhere the Principle of Allowance by Percentage or Commission does not apply
Scale 1 | Scale 2 | Scale 3 | Scale 4 | Scale 5 | Scale 6 | Scale 7 | Scale 8 | Scale 9 | Scale 10 | |
---|---|---|---|---|---|---|---|---|---|---|
£ | £ | £ | £ | £ | £ | £ | £ | £ | £ | |
1. For taking instructions for civil bill or defence, advising thereon, taking instructions for hearing, advising proofs, and instructing counsel when employed. | 81 | 97 | 109 | 137 | 165 | 188 | 203 | 216 | 229 | 241 |
2. For drawing civil bill or statement of defence and copy for service, and instructing counsel when employed. | 53 | 65 | 89 | 95 | 113 | 134 | 152 | 170 | 187 | 204 |
3. For entering civil bill or defence, and attending the hearing, with or without counsel, and for all other costs up to the decree, and taking out same. | 162 | 195 | 250 | 265 | 304 | 342 | 414 | 482 | 545 | 609 |
4. In cases of account or inquiry — on further hearing, in addition to the above, for entering the matter, attending further hearing with or without counsel and taking out the order thereon. | 162 | 195 | 250 | 265 | 304 | 342 | 414 | 482 | 545 | 609 |
5. For confirmation of certificate on account or inquiry where no application to vary a sum not exceeding— | 53 | 65 | 89 | 95 | 113 | 134 | 158 | 181 | 203 | 224 |
6. Trustee Act (Northern Ireland) 1958: Order 28. For instructions and attendances, drawing, engrossing and filing an affidavit for the purpose of payment of money, transfer of stock, or deposit of security, obtaining the certificate, paying the money, transferring the stock, or depositing the security and all other costs. | 108 | 145 | 189 | 240 | 288 | 329 | 355 | 379 | 402 | 424 |
7. For all work incident to obtaining an order to invest under Order 28 or Order 45 or for payment of income under Order 45— | ||||||||||
Where the application is ex parte | 81 | 97 | 125 | 132 | 151 | 170 | 202 | 216 | 229 | 241 |
Where the application is on notice | 81 | 100 | 127 | 139 | 162 | 181 | 237 | 289 | 338 | 287 |
For the purposes of items 1, 2 and 3 the expression “civil bill” includes any summons or petition initiating proceedings but does not include a petition at item 8. | ||||||||||
8. For all work incident to obtaining an order for payment out or distribution of funds— | ||||||||||
Where the application is ex parte | 81 | 97 | 125 | 132 | 151 | 170 | 202 | 216 | 229 | 241 |
Where the application is on notice or by petition | 108 | 145 | 189 | 240 | 288 | 329 | 355 | 379 | 402 | 424 |
9. For all work in connection with an application to the Accountant General under Court Funds Rules. | 27 | 49 | 53 | 76 | 82 | 95 | 111 | 127 | 141 | 156 |
10. Costs in the office of the Chief Clerk— To the solicitor for the plaintiff, petitioner, or party having the carriage of the proceedings. In all cases of account or inquiry directed by any decree or order to be taken or made before any officer of the court, and in lieu of all other costs incurred between the primary decree and the termination of the taking of such account or the making of such inquiry, here shall be allowed to the solicitor for the plaintiff, petitioner, or party having the carriage of the proceedings, as the case may be, such sums as having regard to Rule 9 of Order 55 the taxing officer shall consider reasonable but not exceeding (save by direction of the Judge). | 298 | 490 | 671 | 854 | 1026 | 1170 | 1259 | 1343 | 1421 | 1499 |
11. To the solicitor for the defendant or respondent. | ||||||||||
In all cases of account or inquiry directed by any decree or order to be taken or made before the officer of the court, and in lieu of all other costs incurred between the date of the primary decree and the termination of the taking of such account or the making of such inquiry, there shall be allowed to each party (other than the party having carriage of the proceedings) on the taxation of the costs, regard being had to the work properly performed, such sum as the officer thinks reasonable or just, not exceeding the allowance to the plaintiff, petitioner or other party having carriage of the proceedings, hereinbefore provided. | ||||||||||
OCCASIONAL COSTS | ||||||||||
Receivers | ||||||||||
12. For all work in connection with the appointment of a receiver and the completion of the security, a sum not exceeding— | 108 | 145 | 189 | 245 | 267 | 289 | 316 | 342 | 265 | 388 |
13. For instructions for the account of a receiver, drawing and preparing the same, and all attendances to lodge, vouch and pass the same, and the distribution or application of the balance, a sum not exceeding— | 108 | 145 | 189 | 245 | 267 | 289 | 316 | 342 | 365 | 388 |
Interlocutory Applications and Attendances | ||||||||||
14. For all work in connection with an interlocutory application and the order thereon, a sum not exceeding— | 53 | 65 | 89 | 95 | 113 | 134 | 152 | 170 | 187 | 204 |
Letters | ||||||||||
15. For writing a letter a reasonable time before the institution of proceedings. | 3·90 | 3·90 | 3·90 | 3·90 | 3·90 | 3·90 | 3·90 | 3·90 | 3·90 | 3·90 |
Drafts and Copies | ||||||||||
16. For drawing and engrossing any document not otherwise provided for, 38p per folio. | ||||||||||
17. For copies of all necessary documents used in court, or required by the Judge or briefed, per folio. | 0·20 | 0·20 | 0·20 | 0·20 | 0·20 | 0·20 | 0·20 | 0·20 | 0·20 | 0·20 |
For carbons or duplicates, per folio. | 0·11 | 0·11 | 0·11 | 0·11 | 0·11 | 0·11 | 0·11 | 0·11 | 0·11 | 0·11 |
Part IXMiscellaneous Costs
INTERPLEADER PROCEEDINGS
The costs under Order 10 shall be in accordance with the foregoing Rules and Tables so far as appropriate and subject to any direction by the Judge.
INTERLOCUTORY APPLICATIONS (other than Equity)
Instructions and drawing notice of motion or | |
certificate of application for discovery, filing and serving copy | £19·47 |
Attending before Judge or District Judge on notice or ex parte | £33·38 |
Drawing up list of documents under Order 15 | £30·66 (or such other amount as the Judge or District Judge may allow). |
These items are not to be allowed against the other party unless certified by the Judge, District Judge or Chief Clerk. |
Counsel’s fees
Attending before Judge on notice or ex parte | £33·38 |
(This item is only to be allowed against the other party when the Judge certifies that counsel was necessary). | |
Drawing up list of documents under Order 15 | £30·66 (or such other amount as the Judge or District Judge may allow) |
JUDGMENTS ENFORCEMENT (NORTHERN IRELAND) ORDER 1981: Part VIII
Costs of an enforcement order under Rule 4(2)(a) of Order 40 shall be in accordance with Part 1, Table 3 as if the total amount ordered to be paid by instalments were the amount decreed.
Costs of a committal order or an attachment of earnings order made by the Court under the said Act shall be one-half the amount of the costs appropriate to an enforcement order.
ENFORCEMENT OF COUNTY COURT DECREES IN OTHER PARTS OF THE UNITED KINGDOM
Applicant’s costs of obtaining a certificate in respect of a money provision contained in a decree | £19·47 |
And in addition £1·98 in respect of the affidavit together with the commissioner’s fee (if any). |
HIRE-PURCHASE
Where an order is made for recovery of possession of goods let under a hire-purchase agreement, the prima facie value of the goods for the purpose of costs shall be the total price less (a) the amount paid, and (b) the amount of arrears (if any) awarded by the decree or order, but this value may be varied by the Judge in his discretion and the costs shall be of the same amount as in proceedings for the recovery of a sum of money equal to the said value of the goods.
Where a decree for arrears of instalments and/or damages is coupled with an order for recovery of possession of goods the amount thereof shall be added to the value of the goods as ascertained as above for the purpose of fixing the amount of the costs.
In any proceedings on foot of a hire-purchase agreement for recovery of possession of goods or for arrears of instalments or for damages for breach of the said agreement where such proceedings are undefended the costs shall be in accordance with Part I, Table 3 and in other cases Part I, Table 1 or 2.
STATUTORY APPEALS AND APPLICATIONS
Notice of appeal or application, services and entry | £14·50 |
Preparation for and attending hearing, instructing counsel (if any) and taking out order | £77·00 |
Counsel’s fees | £48·00 |
The above fees may be increased at the discretion of the Judge, who may, in the case of an application under the Administration of Estates Acts (Northern Ireland) 1955 or the Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979 or the Administration of Estates (Northern Ireland) Order 1979 or any other statutory application not otherwise provided for, direct that the Equity scales shall apply in lieu of the above costs. |
PROCEEDINGS FOR WRONGFUL INTERFERENCE WITH GOODS
Where an order is made for delivery of goods with or without an order for damages the value of the goods as assessed by the court shall be added to the damages, if any, for the purpose of ascertaining the appropriate costs scales.
Where an action for wrongful interference with goods is dismissed the defendant’s costs shall be based upon the value of the goods claimed as assessed by the court or shall be such sum as the Judge may award.
COSTS OF THE DAY
If ordered by the Judge on the application of any party, the costs of the day in any proceeding shall be in the discretion of the Judge.
Part XOccasional costs
1. For any affidavit of service not otherwise provided for | £1·98 |
2. For any other necessary affidavit not otherwise provided for, per folio | £0·82 |
3. For preparing recognizance | £2·27 |
4. For drawing, issuing and having served a witness summons | £6·63 |
5. For drawing costs and copies, per page. | £4·92 |
6. For attending taxation, per hour | £8·30 |
(This note is not part of the Rules.)