1989 No. 385 (L. 8)

MATRIMONIAL CAUSES
SUPREME COURT OF ENGLAND AND WALES
COUNTY COURTS

The Matrimonial Causes (Costs) (Amendment) Rules 1989

Made

Laid before Parliament

Coming into force

We, the authority having power to make rules of court for the purposes mentioned in section 50 of the Matrimonial Causes Act 19731, in exercise of that power and the further power conferred on us by section 64 of the Family Law Act 19862, hereby make the following Rules:

1

1

These Rules may be cited as the Matrimonial Causes (Costs) (Amendment) Rules 1989 and shall come into force on 1st April 1989.

2

In these Rules, unless the context otherwise requires, a rule or Schedule referrred to by number means the rule or Schedule so numbered in the Matrimonial Causes (Costs) Rules 19883.

2

For rule 11(1), there shall be substituted the following–

1

Subject to the following provisions of this rule, on any taxation of the costs of a litigant in person there may be allowed such costs as would have been allowed if the work and disbursements to which the costs relate had been done or made by a solicitor on the litigant’s behalf together with any payments reasonably made by him for legal advice relating to the conduct of or the issues raised by the proceedings.

3

In rule 11(3), for the sum “£6.50”, there shall be substituted the sum “£7.00”.

4

For Schedule 2, there shall be substituted the following Schedule–

SCHEDULE 2

PART Ipreparation

Column 1

Column 2

Column 3

High Court

County Court

ITEM

1

Writing routine letters

£3.50 per item

£3.00 per item

2

Receiving routine letters

£1.75 per item

£1.50 per item

3

Routine telephone calls

£3.50 per item

£3.00 per item

4

All other preparation work including any work which was reasonably done arising out of or incidental to the proceedings, interviews with client, witnesses, and other parties;

  • obtaining evidence;

  • preparation and consideration of, and dealing with, documents, negotiations and notices;

  • dealing with letters written and received and

  • telephone calls which are not routine

Where the proceedings were conducted in the divorce registry or in another court on the South-Eastern Circuit at the time when the relevant work was done:

£38.50 per hour

£34.00 per hour

All other circuits:

£36.00 per hour

£32.00 per hour

5

In addition to items 1–4 above, to cover the general care and conduct of the proceedings

+50%

+50%

6

Travelling and waiting time in connection with the above matters

£26.50 per hour

£24.50 per hour

PART IIconferences with counsel

7

Attending counsel in conference

£31.00 per hour

£27.00 per hour

8

Travelling and waiting

£26.50 per hour

£24.50 per hour

PART IIIattendances

9

Attending with counsel at the trial or hearing of any cause or the hearing of any summons or other application at court, or other appointment

£31.00 per hour

£27.00 per hour

10

Attending without counsel at the trial or hearing of any cause or the hearing of any summons or other application at court, or other appointment

£46.00 per hour

£43.00 per hour

11

Travelling and waiting

£26.50 per hour

£24.50 per hour

PART IVfees for junior counsel

12

With a brief on an unopposed application for an injunction, or procedural issue

Standard £74.00

£64.00

Maximum £122.00

£106.00

13

With a brief on the trial of a cause or matter or on the hearing of an ancillary application or on a children appointment where the hearing lasts for

a

one hour

Standard £111.00

£95.00

Maximum £223.00

£191.00

b

a half day

Standard £154.00

£133.00

Maximum £254.00

£223.00

c

a full day

Standard £307.00

£265.00

Maximum £488.00

£424.00

d

more than a full day

Discretionary

Discretionary

14

For each day or part of a day on which the trial of a cause or matter, or the hearing of an ancillary application, or a children appointment, is continued after the first day

Discretionary

Discretionary

15

Conference (including time reasonably spent in preparation and conference, but not otherwise remunerated)

Standard £17.00 per ½ hour

Standard £15.00 per ½ hour

16

a

Complex items of written work (such as advices on evidence, opinions and affidavits of a substantial nature, requests for particulars or answers)

Standard £80.00 per item

Standard £69.00 per item

b

All other written work

Standard £48.00 per item

Standard £42.00 per item

17

Except where the court is within 25 miles of Charing Cross or where there is no local Bar in the court town, or within 25 miles thereof, for travelling time

Standard £15.40 per hour+ expenses

Standard £13.20 per hour+ expenses

PART Vtaxation and review of taxation

18

Preparing the bill (where allowable) and completing the taxation (excluding preparing for and attending the taxation).

£26.50–£74.00

£26.50–£42.50

19

Preparing for and attending the taxation (including travelling and waiting).

Discretionary

Discretionary

20

Review by registrar or judge (including preparation)

Discretionary

Discretionary

Mackay of Clashfern, C.Stephen Brown, P.Mathew Thorpe, J.Joyanne W. BracewellRoy WardC. F. TurnerRoger BirdT. A. C. ConingsbyEleanor F. PlattHenry HodgeM. J. W. Churchouse

(This Note is not part of the Rules)

These Rules amend the Matrimonial Causes (Costs) Rules 1988 so as to enable a litigant in person to claim as costs the cost of receiving legal advice (rule 2) and to revise the prescribed rates of costs (rules 3 and 4).