S.I. No. 322/1972 - Circuit Court Rules (No. 3), 1972.

S.I. No. 322 of 1972.

CIRCUIT COURT RULES (No. 3), 1972.

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of section 69 of the Courts of Justice Act, 1936 , and section 12 of the Courts of Justice Act, 1947 , by virtue of the powers conferred upon us by section 66 of the Courts of Justice Act, 1924 , and section 70 of the Courts of Justice Act, 1936 (as applied by the Courts (Supplemental Provisions) Act, 1961 , section 48) and by section 27 of the Courts (Supplemental Provisions) Act, 1961 , and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice, make the annexed Rules of Courts.

Dated this 27th day of November, 1972
	Barra Ó Briain
	J. C. Conroy
	Thomas J. Neylon
	Roderick J, O'Hanlon
	Matthew Russell
	Francis J. Gannon
	Ernest J. Margetson
	Michael T. Neary, Secretary.
I concur in the making of the annexed Rules of Court.

Dated this 19th day of December, 1972.

DESMOND O'MALLEY,

Minister for Justice.

CIRCUIT COURT RULES (No. 3), 1972.

These Rules, which may be cited as the Circuit Court Rules (No. 3), 1972, shall come into operation on the 1st day of January, 1973.

RULE 1.

The schedule entitled "Schedule I" to the Circuit Court Rules, 1971 ( S.I. No. 41 of 1971 ) is hereby revoked and Schedule I to these Rules shall be substituted therefor.

RULE 2.

Rule 1 of the Circuit Court Rules (No. 2), 1972 ( S.I. No. 189 of 1972 ) is hereby revoked and the following Rule is substituted therefor:—

"7. Whenever the Plaintiff's claim is for a debt or liquidated claim only, the endorsement, besides stating the nature of the claim shall state the amount claimed for debt or in respect of such demand, and for costs, respectively, and shall further state that, upon payment of such amount and costs within six days after service, further proceedings will be stayed. The amount to be so claimed for costs in all such cases where there has not been any order for service of the Civil Bill, or notice thereof, out of the jurisdiction, or for substituted or other service, or for substitution of notice for service, or declaring service effected sufficient, or any notice by advertisement of the issuing of the Civil Bill, shall be as follows:—

If the demand does not exceed £10 ..	75p	Together with such outlay limited to stamp duty and service fees as may be appropriate to proceedings in the District Court.
If the demand exceeds £10 but does not exceed £25 .. .. .. ..	£1·50
If the demand exceeds £25 but does not exceed £50 .. .. .. ..	£2·15
If the demand exceeds £50 but does not exceed £250 .. .. .. ..	£3·40
If the demand exceeds £250 but does not exceed £500 .. .. ..	£4·50
If the demand exceeds £500 but does not exceed £1,000 .. .. ..	£6·00
If the demand exceeds £1,000 but does not exceed £1,500 .. .. ..	£7·00
If the demand exceeds £1,500 ..	£8·00

If there are more defendants than one, the above amounts may be increased by the sum of £0·35 for each additional defendant served".

RULE 3

Rule 2 of the Circuit Court Rules (No. 2), 1972 ( S.I. No. 189 of 1972 ) is hereby revoked and the following Rule is substituted therefor:—

"5. The award of costs in any case shall include witnesses' expenses unless disallowed in whole or in part by the Judge. Such expenses shall be measured by the Judge or where the Judge so directs by the County Registrar, subject to an appeal to the Court.

In this rule the word "expenses" shall in the case of an expert witness include his reasonable charges in respect of all necessary matters preliminary to the hearing".

SCHEDULE I

SOLICITORS' COSTS IN CIRCUIT COURT

PART I

COSTS IN ACTIONS IN CONTRACT AND TORT

Plaintiff's Costs	Where (1) the amount recovered or (2) the value of specific chattels recovered or (3) in the case of a dismiss, the amount or value of chattels sued for:
	exceeds £250 but does not exceed £600 (1)	exceeds £600 but does not exceed £1,000 (2)	exceeds £1,000 but does not exceed £1,500 (3)	exceeds £1,500 (4)
1. Drawing civil bill and copy for service	£6·25	£7·90	£10·00	£12·00	Entering appearance and defence
2. Extra copy of civil bill where there is more than one defendant	£0·30	£0·30	£0·30	£0·30	—
3. Entering civil bill	£0·95	£0·95	£0·95	£1·20	—
4. Instructions for hearing or settlement, preparing proofs and attendance on witnesses, to include perusing defence and other necessary documents	Discretionary	Discretionary	Discretionary	Discretionary	Instructions for hearing or settlement, preparing proofs and attendance on witnesses, to include perusing all necessary documents
5. Notice of trial	£1·10	£1·10	£1·10	£1·10	Notice of trial (if not served by Plaintiff)
6. Attending Court when case in list but not reached	£1·50	£1·50	£2·50	£2·50	Attending Court when case in list but not reached
7. For each day or part of a day of the hearing	£6·90	£7·80	£9·70	£14·00	For each day or part of a day of the hearing
8. Attending to hear a reserved judgment	£1·50	£1·50	£1·50	£1·50	Attending to hear a reserved judgment
9. Entering judgment	£1·25	£1·25	£1·25	£1·25	Entering judgment dismissing action
10. Counsel's brief (if prepared)	£2·85	£2·95	£3·65	£4·25
	or, at the option of the solicitor, draft brief £0·06 per folio, copy brief £0·04 per folio, of matter properly included	or, at the option of the solicitor, draft brief £0·08 per folio, copy brief £0·04 per folio, of matter properly included

PART II

COSTS IN HIRE-PURCHASE AND CREDIT SALE ACTIONS

Costs in actions (1) for recovery of possession of chattels let under hire-purchase agreements and (2) for payment of sums due under hire-purchase or credit sale agreements.

Plaintiff's Costs	Where (1) in the case of an action for specific recovery of a chattel, the amount of the instalments due and unpaid under the agreement at the date of the commencement of the proceedings or (2) the amount recovered, or, in the case of a dismiss, the amount sued for:				Defendant's Costs
	exceeds £250 but does not exceed £600	exceeds £600 but does not exceed £1,000	exceeds £1,000 but does not exceed £1,500	exceeds £1,500
	(1)	(2)	(3)	(4)
1. Drawing civil bill and copy for service	£4·50	£6·50	£9·00	£11·00	Entering appearance and defence
2. Extra copy of civil bill where there is more than one defendant	£0·30	£0·30	£0·30	£0·30	—
3. Entering civil bill	£0·95	£0·95	£0·95	£1·20	—
4. Instructions for motion to Court for judgment in default of appearance or defence, to include drawing and filing all necessary affidavits and attending Court on motion	£5·00	£5·00	£6·20	£8·40	Instructions for motion to Court for judgment in default of appearance or defence, to include drawing and filing all necessary affidavits and attending Court on motion
5. Counsel's brief on motion (if prepared)	£1·40	£1·50	£2·05	£2·60	Counsel's brief on motion (if prepared)
6. Instructions for hearing or settlement, preparing proofs and attendance on witnesses, to include perusing defence and other necessary documents	Discretionary	Discretionary	Discretionary	Discretionary	Instructions for hearing or settlement, preparing proofs and attendance on witnesses, to include perusing all necessary documents
7. Notice of trial	£1·10	£1·10	£1·10	£1·10	Notice of trial (if not served by Plaintiff)
8. Attending Court when case in list but not reached	£1·50	£1·50	£2·00	£2·00	Attending Court when case in list but not reached
9. For each day or part of a day of the hearing	£6·90	£7·50	£8·30	£9·05	For each day or part of a day of the hearing
10. Attending to hear a reserved judgment	£1·50	£1·50	£1·50	£1·50	Attending to hear a reserved judgment
11. Entering judgment	£1·40	£1·40	£1·40	£1·40	Entering judgment dismissing action
12. Counsel's brief on trial (if prepared)	£2·85	£2·95	£3·65	£4·70	Counsel's brief on trial (if prepared)
	or, at the option of the solicitor, draft brief £0·06, per folio, copy brief £0·04 per folio, of matter properly included	or, at the option of the solicitor, draft brief £0·08 per folio, copy brief £0·04 per folio, of matter properly included

PART III

COSTS WHERE JUDGMENT IS ENTERED IN THE OFFICE BY DEFAULT OR ON CONSENT

	Where the amount due at date of issue of the civil bill:
	exceeds £250 but does not exceed £600	exceeds £600 but does not exceed £1,000	exceeds £1,000
	(1)	(2)	(3)
1. By default of appearance or on consent	£10·80	£15·00	£15·00 on first £1,000, £1·25 for each subsequent £100 or part
2. By default of defence	£11·55	£16·00	£16·00 on first £1,000, £1·25 for each subsequent £100 or part

PART IV

COSTS OF EJECTMENT PROCEEDINGS FOR NON-PAYMENT OF RENT OR FOR OVERHOLDING OR OF A DISMISS IN SUCH PROCEEDINGS

Plaintiff's Costs	Where rent exceeds £315 but does not exceed £600 per annum	Where rent exceeds £600 per annum but does not exceed £1,000 per annum	Where rent exceeds £1,000 per annum	Defendant's Costs
	(1)	(2)	(3)
1. Drawing civil bill and copy for service	£5·00	£7·00	£9·00	Instructions and entering appearance and defence
2. Drawing notice to quit and necessary copies and service thereof	£0·65	£0·65	£0·65
3. Extra copy of civil bill where required	£0·20	£0·20	£0·20
4. Entering civil bill	£0·70	£0·70	£1·05
5. Motion for judgment, including notice, affidavits, copies, service and filing	£5·00	£7·00	£8·00
6. Instructions for hearing or settlement, preparing proofs and attendance on witnesses, to include perusing defence and all necessary documents	Discretionary	Discretionary	Discretionary	Instructions for hearing or settlement, preparing proofs and attendance on witnesses, to include perusing all necessary documents
7. Notice of trial	£0·80	£0·80	£0·80	Notice of trial (if not served by plaintiff)
8. Attending Court when case in list but not reached	£1·90	£2·00	£2·00	Attending Court when case in list but not reached
9. Attending to hear a reserved judgment	£1·25	£1·25	£2·10	Attending to hear a reserved judgment
10. Attending on motion for judgment, or in Court for each day or part of a day of the hearing	£5·00	£6·00	£8·00	Attending on motion for judgment or in Court for each day or part of a day of the hearing
11. Entering judgment	£1·90	£1·90	£1·90	Entering judgment dismissing action
12. Counsel's brief (if prepared)	£1·80	£3·10		Counsel's brief (if prepared)
		or, at the option of the solicitor, draft brief £0·08 per folio, copy brief £0·05 per folio, of matter properly included

PART V

COSTS IN ACTIONS ON THE TITLE AND IN EJECTMENTS ON THE TITLE

	Where the rateable valuation:
Plaintiff's Costs	does not exceed £5	exceeds £5 but but does not exceed £15	exceeds £15 but does not exceed £30	exceeds £30 but does not exceed £60	exceeds £60	Defendant's Costs
	(1)	(2)	(3)	(4)	(5)
1. Drawing civil bill and copy for service	£3·45	£3·75	£4·40	£5·65	£7·30	Entering appearance and defence
2. Extra copy of civil bill where required	£0·15	£0·25	£0·25	£0·25	£0·25
3. Entering civil bill	£0·80	£0·80	£0·80	£0·80	£0·80
4. Persuing defence, instructions for hearing or settlement, preparing proofs and attendance on witnesses	Discre- ionary	Discre- tionary	Discre- tionary	Discre tionary	Discre- tionary	Instructions for hearing or settlement, preparing proofs and attendance on witnesses
5. Notice of trial	£0·95	£0·95	£0·95	£0·95	£0·95	Notice of trial (if not prepared by plaintiff)
6. Attending Court when case in list but not reached	£0·95	£1·55	£1·55	£1·90	£1·90	Attending Court when case in list but not reached
7. Attending Court for each day or part of a day of the hearing	£1·90	£3·10	£3·75	£4·70	£5·95	Attending Court for each day or part of a day of the hearing
8. Attending to hear a reserved judgment	£0·95	£0·95	£0·95	£1·55	£2·40	Attending to hear a reserved judgment
9. Entering judgment	£0·95	£0·95	£0·95	£1·90	£1·90	Entering judgment
10. Counsel's brief (if prepared)	£0·65	£1·25	£2·50	£3·10		Counsel's brief (if prepared)
				or, at the option of the solicitor, draft brief £0·08 per folio, copy brief £0·05 per folio, of matter properly included

Where the premises the subject of the proceedings are not separately rated in the valuation books, the judge at the hearing or the County Registrar shall have power, for the parpose of taxing costs, to apportion the valuation of the rateable hereditament which includes the said premises.

PART VI

COSTS IN INTERPLEADER

	Where the value of the property in question:
Plaintiff's Costs	does not exceed £50	exceeds £50 but does not exceed £75	exceeds £75 but does not exceed £100	exceeds £100 but does not exceed £300	exceeds £300 but does not exceed £600	exceeds £600 but does not exceed £1,000	exceeds £1,000	Defendant's Costs
	(1)	(2)	(3)	(4)	(5)	(6)	(7)
1. Drawing summons in interpleader and copy for service	£1·90	£3·10	£3·45	£3·75	£4·35	£5·20	£7·10
2. Extra copy of summons where required	£0·20	£0·20	£0·20	£0·20	£0·20	£0·20	£0·20
3. Instructions for hearing or settlement, preparing proofs and attendance on witnesses	£2·50	£3·10	£3·75	Discretionary	Discretionary	Discretionary	Discretionary	Instructions for hearing or settlement preparing proofs and attendance on witnesses
4. Attending on hearing of summons	£3·10	£4·05	£5·65	£6·55	£7·50	£8·75	£10·65	Attending on hearing of summons
5. Entering judgment	£0·95	£0·95	£0·95	£1·25	£1·90	£1·90	£1·90	Entering judgment
6. Counsel's brief (if prepared)	£1·25	£1·90	£2·50	£3·10	£3·75	£4·60	£5·65	Counsel's brief (if prepared)

PART VII

COSTS IN EQUITY

	Where the value of the personalty and land does not exceed £200	Where the value of the personalty and lands exceeds £200 but does not exceed £500	Where the value of the personalty and lands exceeds £500 but does not exceed £1,500	Where the value of the personalty and lands exceeds £1,500 but does not exceed £2,500	Where the value of the personalty and lands exceeds £2,500
	(1)	(2)	(3)	(4)	(5)
1. Drawing civil bill or defence, advising thereon and attending and instructing counsel when employed and copy for service	£1·90	£3·10	£5·00	£8·00	£12·00
2. Letter to defendant before the institution of proceedings	£0·30	£0·30	£0·30	£0·30	£0·30
3. For each additional copy of civil bill or defence for service when required	£0·30	£0·30	£0·30	£0·30	£0·30
4. In cases determined without oral evidence, instructions fee, entering civil bill or defence and attending the hearing with or without counsel, and for all charges (save brief for counsel) up to the primary order, and taking out same	Discretionary	Discretionary	Discretionary	Discretionary	Discretionary
Briefs drafts and copies:
5. Brief for Counsel or necessary documents	£0·05 per folio; not to exceed £2·60	£0·05 per folio; not to exceed £3·10	Draft £0·06 per folio, copy £0·04 per folio	Draft £0·09 per folio, copy £0·06 per folio	Draft £0·09 per folio, copy £0·06 per folio
6. Drawing any affidavit, account, order or other document necessary or proper for the purpose of any proceedings, or which may be directed by the judge, and in respect of which no allowance is included in or provision made by any other item herein contained	£0·06 per folio	£0·06 per folio	£0·06 per folio	£0·09 per folio	£0·09 per folio
7. For copies of all necessary documents (no such. Document to be allowed for on taxation unless marked by the Court Registrar as used)	£0·4 per folio	£0·04 per folio	£0·04 per folio	£0·06 per folio	£0·06 per folio
8. In cases heard on oral evidence the costs down to the primary decree, order or dismiss shall be charged in lieu of the foregoing items, in accordance with the scale applicable to actions in contract and tort by reference to the value (as determined by the County Registrar including the value of personalty) of the subject matter of the suit according to the appropriate columns of Part I of this schedule	Part I Column (1)	Part I Column (1)	Part I Column (2)	Part I Column (3)	Part I Column (4)
9. Fee to the solicitor for the plaintiff or defendant, petitioner, committee or party having carriage in all cases of account or inquiry, directed by a decree or order to be taken before the County Registrar regard being had to the work being properly performed	Discretionary	Discretionary	Discretionary	Discretionary	Discretionary
10. Attending with or without counsel, and in case of entering the suit for further consideration, taking out the decree or dismiss and for all other charges (save costs in the office or brief for counsel) up to the conclusion of the suit	£2·50	£5·00	£5·65	£7·80	£9·20
When a receiver or committee is appointed by or under a decree or order of the court
11. For all costs and charges in relation to the completion of the security and appointment of the receiver or committee	£2·50	£5·00	£5·95	£8·50	£9·90
12. For instructions for the account of a receiver or committee drawing and preparing same, and all attendances to lodge, vouch and pass the same, and distribution or application of the balance	£2·50	£5·00	£8·75	£12·75	£15·60
13. For filling up any bond, recognizance or document of a like nature in respect of which no allowance is included in or provision made by, any other item herein contained	£0·95	£0·95	£1·25	£1·25	£1·25
Lodgment of money, transfer of stock or deposit of security in trust to attend the orders of the Court under the Trustee Acts:
14. Instructions and attendances, drawing, engrossing and filing affidavit, obtaining certificate, paying in the money, transferring the stock or depositing the security and all other charges	£2·50	£5·65	£6·25	£8·50	£9·90
15. Instructions and attendances, drawing, engrossing and filing petition for order to invest, notice and copies thereof, attending the Judge, and taking out the order to invest, and all other charges of and incidental to investment	£2·50	£5·65	£7·50	£9·90	£12·75
16. Instructions and attendances, drawing and filing petition for order to pay out or distribute a fund or the income thereof, entering and attending the hearing and taking out the order and all other charges	£2·50	£5·65	£7·50	£9·90	£12·75
17. For each copy of a petition to pay out or distribute, actually served, including the notice of hearing	£0·30	£0·30	£0·30	£0·30	£0·30
18. Instructions for and drawing, engrossing and filing a petition relating to the maintenance, or advancement of, or for the protection of the property of an infant, entering and attending the hearing, and taking out the order and all other charges	£2·50	£5·65	£7·50	£9·90	£12·75
19. For each copy of petition actually served, including notice of hearing	£0·30	£0·30	£0·30	£0·30	£0·30
Interlocutory application and attendances:
20. For attending before the Judge on any interlocutory application (counsel to be allowed only when certified by the Judge)	£1·90	£1·90	£2·50	£3·55	£4·95
21. For every proper and necessary attendance upon the Judge or by his direction in relation to any matter in respect of which no allowance is included or provision made for any other item herein contained	£1·90	£1·90	£1·90	£1·90	£1·90

PART VIII

COSTS IN PROBATE MATTERS AND ACTIONS

	Where the rateable valuation of the lands or the value of the personalty involved:
Plaintiff's Costs	does not exceed rateable valuation £15 or personal estate £200	exceeds rateable valuation £15 or personal estate £200 but does not exceed rateable valuation £30 or personal estate £500	exceeds rateable valuation £30 or personal estate £500 but does not exceed rateable valuation £45 or personal estate £1,000	exceeds rateable valuation £45 or personal estate £1,000	Defendant's Costs
	(1)	(2)	(3)	(4)
1. Drawing civil bill, making copy for service, attendance to file original with County Registrar and preparation, completion and lodgment of affidavit of jurisdiction and affidavit of next-of-kin	£3·75	£6·55	£8·75	£11·25	Entering appearance and drawing defence, making copies for Court file and for service, and lodgment of copy with County Registrar
2. Extra copy of civil bill where more than one defendant	£0·20	£0·20	£0·20	£0·20
3. Instructions for hearing or settlement, preparing proofs and attendance on witnesses	Discretionary	Discretionary	Discretionary	Discretionary	Instructions for hearing, preparing proofs and attendance on witnesses
4. Notice of trial	£0·80	£0·80	£0·80	£0·80	Notice of trial (if not served by plaintiff)
5. Attending Court on Hearing: Each day	£3·75	£4·70	£5·65	£6·55	Attending Court on hearing: Each day
6. Attending when case in list but not reached	£0·95	£1·25	£1·55	£1·90	Attending when case in list but not reached
7. Drawing order and entering judgment, including attendance to have order signed by the the County Registrar	£1·25	£1·55	£1·90	£2·80	Drawing order and entering judgment, including attendance to have order signed by County Registrar
8. Counsel's brief (if prepared)	£0·08 per folio of matter properly included				Counsel's brief (if prepared)

PART IX

RENT RESTRICTIONS ACTS, 1960 and 1967

In any case under the Rent Restrictions Acts, 1960 and 1967, in which costs are allowed, the costs shall be taxed under the first column hereto unless the Judge at the hearing shall direct that they be taxed under the second or third column hereto, and in exercising such discretion the Judge shall in particular have regard to the amount of rent involved.

Applicant's Costs	(1)	(2)	(3)	Respondent's Costs
1. Instructions and perusing documents and drawing notice of application	£1·55	£2·05	£3·15	Instructions to oppose application and perusing notice
2. Engrossing notice of application and copies thereof and filing for entry	£0·80	£0·95	£1·10	Filing for entry if applicant makes default
3. Preparing proofs and attendance on witnesses	£1·55	£2·50	£3·75	Preparing proofs and attendance on witnesses
4. Counsel's brief (if prepared)	£1·10	£1·90	£3·15	Counsel's brief (if prepared)
5. Attending Court on the hearing	£1·55	£3·15	£4·40	Attending Court on the hearing
6. Attending when case in list but not reached	£1·55	£1·55	£1·55	Attending when case in list but not reached
7. Drawing order and entering	£0·65	£0·65	£0·65	Drawing order and entering

PART X

APPLICATION FOR COMPENSATION FOR CRIMINAL INJURIES

(a) Applicant's Solicitor.

In all cases where the amount of compensation, recovered does not exceed £5, the Judge shall allow such sum not exceeding £2·20 as he may think reasonable to cover all charges, exclusive of outlay. In all cases where the amount of compensation recovered exceeds £5 but does not exceed £10, the Judge shall allow such sum not exceeding £3·78 as he may think reasonable to cover all charges, exclusive of outlay. In all cases where the amount of compensation recovered exceeds £10 but does not exceed £25, the Judge shall allow such sum not exceeding £5·65 as he may think reasonable to cover all charges, exclusive of outlay.

	Where the amount of compensation recovered exceeds £25 but does not exceed £50	Where the amount of compensation recovered exceeds £50 but does not exceed £100	Where the amount of compensation recovered exceeds £100 but does not exceed £500	Where the amount of compensation recovered exceeds £500 but does not exceed £1.000	Where the amount of compensation recovered exceeds £1,000
	(1)	(2)	(3)	(4)	(5)
1. Preparing preliminary notice	£1·90	£3·15	£3·75	£5·00	£6·25
2. Each copy of the preliminary notice served	£0·20	£0·20	£0·30	£0·65	£0·65
3. Preparing and signing notice of application to	£0·45	£0·65	£1·10	£1·65	£2·10
the Court
4. Each copy of notice of application served	£0·20	£0·20	£0·30	£0·65	£0·65
5. Instructions, taking particulars of evidence,	Discretionary	Discretionary	Discretionary	Discretionary	Discretionary
attendance on witnesses, preparing proofs
6. Attending Court for each day or part of a day	£1·90	£3·15	£3·75	£5·95	£6·25
7. Attending when case in list but not reached	£1·25	£1·25	£1·25	£1·25	£1·25
8. Attending to hear a reserved judgment	£0·95	£0·95	£0·95	£0·95	£0·95
9. Drawing and signing decree or order	£0·80	£0·80	£0·80	£0·80	£0·80
10. Counsel's brief (if prepared)	£0·95	£1·55	£2·50	£3·15	£4·05
			or at the option of the solicitor, draft brief £0·08 per folio, copy brief £0·05 per folio, of matter properly included

(b) Respondent's Solicitor.

In all cases where the amount of compensation claimed does not exceed £5, the Judge shall allow such sum not exceeding £2·20 as he may think reasonable to cover all charges, exclusive of outlay.

In all cases where the amount of compensation claimed exceeds £5 but does not exceed £10, the Judge shall allow such sum not exceeding £3·75 as he may think reasonable to cover all charges, exclusive of outlay.

In all cases where the amount of compensation claimed exceeds £10 but does not exceed £25, the Judge shall allow such sum, not exceeding £5·65 as he may think reasonable to cover all charges, exclusive of outlay.

	Where the sum claimed exceeds £25 but does not exceed £50	Where the sum claimed exceeds £50 but does not exceed £100	Where the sum claimed exceeds £100 but does not exceed £500	Where the sum claimed exceeds £500 but does not exceed £1,000	Where the sum claimed exceeds £1,000
	(1)	(2)	(3)	(4)	(5)
1. Instructions for opposing application	£0·95	£1·55	£2·05	£2·20	£3·45
2. Instructions for hearing or settlement, taking particulars of evidence, attendance on witnesses and preparing proofs	Discretionary	Discretionary	Discretionary	Discretionary	Discretionary
3. Attending in Court for each day, or part of a day, of the hearing	£1·90	£3·15	£3·75	£5·95	£6·25
4. Attending in Court when case in list but not reached	£1·25	£1·90	£1·90	£1·90	£1·90
5. Attending to hear a reserved judgment	£0·95	£0·95	£0·95	£0·95	£0·95
6. Drawing and signing any order of refusal	£0·65	£0·65	£0·65	£0·65	£0·65
7. Counsel's brief (if prepared)	£0·95	£1·55	£2·50	£3·15	£4·05
			or, at the option of the solicitor, draft brief £0·08 per folio, copy brief £0·05 per folio of matter properly included

PART XI.

LANDLORD AND TENANT ACTS. 1931 and 1958

Costs of applications for new leases

	Where the amount of the rent agreed by the parties, or fixed by the Court, in the case of applications under Part III of the Act of 1931, or the amount of the gross rent as so agreed, or ascertained by the Court, in the case of applications under the Act of 1958:					Respondent's Costs
Applicant's Costs	does not exceed £50 per annum	exceeds £50 but does not exceed £100 per annum	exceeds £100 but does not exceed £200 per annum	exceeds £200 but does not exceed £500 per annum	exceeds £500 per annum
	(1)	(2)	(3)	(4)	(5)
1. Drawing originating notice of motion	£2·50	£3·45	£4·40	£5·00	£5·65	Drawing answer
2. Engrossing and entering originating notice of motion	£0·80	£1·25	£1·90	£1·90	£1·90	Engrossing and entering answer
3. Each copy of originating notice of motion where more than one respondent	£0·30	£0·30	£0·45	£0·45	£0·45	Each copy of answer where more than one applicant
4. Instructions for hearing or settlement, taking particulars of evidence, attendance on witnesses, negotiations (if any), correspondence and notices, preparing proofs and all other work necessary for the proceedings, whether done before or after the issue of the originating notice of motion	Discretionary	Discretionary	Discretionary	Discretionary	Discretionary	Instructions for hearing or settlement, taking particulars of evidence, attendance on witnesses, negotiations (if any), correspondence and notices, preparing proofs and all other work necessary for the proceedings, whether done before or after the issue of the originating notice of motion
5. Counsel's brief (if prepared)	£2·20	£3·15	£3·45	£3·75	£4·40	Counsel's brief (if prepared)
		or, at the option of the solicitor, draft brief £0·08 per folio, copy brief £0·05 per folio, of matter properly included
6. Attending Court for each day, or part of a day, of the hearing	£2·05	£2·80	£3·15	£3·45	£3·75	Attending Court for each day or part of a day of the hearing
7. Attending Court when case in list but not reached	£1·55	£1·55	£1·55	£1·55	£1·55	Attending Court when case in list but not reached
8. Attending to hear reserved judgment	£0·95	£0·95	£0·95	£0·95	£0·95	Attending to hear reserved judgment

NOTE: In any case in which the application is dismissed and in any case in which no rent is required to be fixed or ascertained, the costs shall be calculated as if a sum equivalent to five times the rateable valuation of the property, the subject matter of the application, had been fixed as the rent or ascertained as the gross rent.

PART XII

LANDLORD AND TENANT ACTS, 1931 and 1958

Costs of applications for compensation for improvements and applications for compensation for disturbance, and all other applications not otherwise provided for

	Where the amount of compensation awarded or agreed between the parties or, in the case of a dismiss, the amount claimed:				Respondent's Costs
Applicant's Costs	does not exceed £50	exceeds £50 but does not exceed £75	exceeds £75 but does not exceed £100	exceeds £100
	(1)	(2)	(3)	(4)
1. Drawing originating notice of motion	£2·80	£3·45	£3·75	£6·25	Drawing answer
2. Engrossing and entering originating notice of motion	£0·95	£0·95	£0·95	£0·95	Engrossing and entering answer
3. Each extra copy of originating notice of motion where more than one respondent	£0·30	£0·30	£0·30	£0·30	Each extra copy of answer where more than one applicant
4. Instructions for hearing or settlement, taking particulars of evidence, attendance on witnesses, negotiations (if any), correspondence and notices, preparing proofs and all other work necessary for the proceedings whether done before or after the issue of the originating notice of motion	Discretionary	Discretionary	Discretionary	Discretionary	Instructions for hearing or settlement, taking particulars of evidence, attendance on witnesses, negotiations (if any), correspondence and notices, preparing proofs and all other work necessary for the proceedings whether done before or after the issue of the originating notice of motion
5. Counsel's brief (if prepared)	£0·95	£1·90	£2·80	£3·75	Counsel's brief
or at the option of the solicitor, draft brief £0·08 per folio, copy brief £0·05 per folio, of matter properly included
6. Attending Court when case in list but not reached	£1·55	£1·55	£1·55	£1·55	Attending Court when case in list but not reached
7. Attending Court for each day or part of a day of the hearing	£1·90	£2·20	£3·15	£4·40	Attending Court for each day or part of a day of the hearing
8. Attending to hear a reserved judgment	£0·95	£0·95	£0·95	£0·95	Attending to hear a reserved judgment

NOTE: In any case in which judgment is entered for the respondent and there is no amount claimed by the applicant upon which the costs of the respondent can be ascertained, the costs shall be calculated as if for the expression "the amount claimed" in the above scales there were substituted the expression "five times the rateable valuation of the property the subject of the application".

PART XIII

APPEALS FROM DISTRICT COURT

COSTS OF AFFIRMANCE OR REVERSAL OF A DECREE OR DISMISS

	Where amount recovered or sued for does not exceed £10	Where amount recovered or sued for exceeds £10 but does not exceed £25	Where amount recovered or sued for exceeds £25 but does not exceed £50	Where amount recovered or sued for exceeds £50 but does not exceed £100	Where amount recovered or sued for exceeds £100
	(1)	(2)	(3)	(4)	(5)
1. For all charges preliminary or incidental to the hearing, and taking out the order thereon	£4·40	£6·25	£11·90	£15·00	£18·00
2. Drawing recognizance or attending to lodge money	£0·45	£0·45	£0·45	£0·45	£0·45
3. Counsel's brief (if prepared)	£0·80	£0·95	£1·90	£3·15	£5·50

NOTE:	(1) The costs of an appeal in cases of summary jurisdiction of a civil nature [including cases under the Illegitimate Children (Affiliation Orders) Act, 1930 and the Married Women (Maintenance in cases of Desertion) Act, 1886] shall be allowed under column (2) hereof.
	(2) If an appeal is withdrawn and notice thereof served on the respondent not less than six days before the day of hearing, the sum of £2·50 shall be allowed for costs; where column (3) applies the sum shall be £6·90, where column (4) applies the sum allowed shall be £7·50 and where column (5) applies the sum allowed shall be £9·00.
	(3) The costs of an appeal in an ejectment where the rent by the year does not exceed £53 shall be allowed under column (2) and where such rent exceeds £53 under column (4) hereof.
	(4) Costs of an appeal under Rent Restrictions Acts, 1960 and 1967, shall be allowed under column (1) hereof.

PART XIV.

MISCELLANEOUS COSTS

The following shall be subject to allowance or disallowance by the County Registrar on taxation unless expressly or by necessary implication previously allowed or disallowed by the Judge. The items in this scale shall be chargeable in addition to the charges in the scales in Parts I to XII of this Schedule, unless there is a separate corresponding item in the relevant scale.

1. Attendance for the purpose of obtaining a side bar order		£0·95
2. Attendance in proceedings before the County Registrar where not otherwise provided for		£0·95
3. Attendance at the office for the purpose of issuing a witness summons		£0·95
4. Attendance at the office for issuing or filing any document not otherwise provided for		£0·95
5. Attendance in Court not otherwise provided for		£2·20
6. Preparation of brief on ex parte or interlocutory application		£0·95
7. Affidavits or documents not otherwise provided for, folio of 72 words:
(a) drawing		£0·08
(b) engrossing		£0·05
8. Perusing affidavits or documents not otherwise provided for, folio of 72 words		£0·05
9. Attending consultation when fee allowed to Counsel for same		£1·90
10. Copies of documents where necessary per folio:
(a) originals		£0·05
(b) carbon copies		£0·03
11. Attending Counsel:
(a) to settle civil bill or defence		£0·65
(b) any other necessary attendance		£0·65
12. Case to Counsel to advise proofs, folio of 72 words		£0·08
	Minimum	£1·90
13. Drawing costs with copy for taxation, Item		£0·01
14. Attending to lodge costs and have date allocated		£0·65
15. Service thereof		£0·20
16. Summons to tax		£0·30
17. Copies for service and to annex, Each		£0·16
18. Attending taxation		£1·25
19. Drawing certificate of taxation		£0·45

EXPLANATORY NOTE.

These Rules, which come into operation on 1 January, 1973, provide for revised scales of solicitors' costs in the Circuit Court. The scales of costs set out in Schedule I to the Rules replace the scales of solicitors' costs set out in Schedule I to the Circuit Court Rules, 1971 ( S.I. No. 41 of 1971 ). The new scales cover the increased jurisdiction of the Circuit Court under the Courts Act, 1971 (No. 36 of 1971). The new Rules also revoke the Circuit Court Rules (No. 2), 1972 ( S.I. No. 189 of 1972 ) and repeat the provisions contained therein. The Minister for Industry and Commerce has, under section 2 (2) (a) of the Prices (Amendment) Act, 1972 , consented to the exercise by the rule-making authority (the Circuit Court Committee with the concurrence of the Minister for Justice) of their statutory powers to determine the costs dealt with in the Rules.