S.I. No. 41/1971 - Circuit Court Rules, 1971.


S.I. No. 41 of 1971.

CIRCUIT COURT RULES, 1971.

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 Court.

Dated the 26th day of January, 1971.

J. C. Conroy

Thomas J. Neylon

James A. D'Arcy

Ernest J. Margetson

Micheal T. Neary, Secretary

I concur in the making of the annexed Rules of Court.

DATED this 5th day of February, 1971.

DESMOND O'MALLEY

Minister for Justice.

CIRCUIT COURT RULES, 1971.

These Rules, which may be cited as the Circuit Court Rules, 1971, shall come into operation on the 15th day of February, 1971.

1 Rule

1. Order 10, of the Circuit Court Rules, 1950, as amended by the Circuit Court Rules, 1954 ( S.I. No. 212 of 1954 ), and the Circuit Court Rules, 1967, ( S.I. No. 37 of 1967 ) is hereby amended as follows:—

Order 10.

The sum of £0 50 shall be substituted for the sum of 10/- in Rule 3 of this Order.

2 Rule

2. The Circuit Court Rules (No. 2), 1967 ( S.I. No. 118 of 1967 ), are hereby revoked and Schedule I and Schedule II to these Rules shall be substituted therefor.

3 Rule

3. Order 5, Rule 7 of the Circuit Court Rules (No. 2), 1970 ( S.I. No. 308 of 1970 ), 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 £5·00

£3·23

It the demand exceeds £5·00 but does not exceed £25·00

£4·23

If the demand exceeds £25·00 but does not exceed £50·00

£4·73

If the demand exceeds £50·00 but does not exceed £300·00

£5·73

If the demand exceeds £300·00

£6·87

If there are more defendants than one, the above amounts may be increased by the sum of £0.25 for each additional defendant served. Additional service fees may also be included where same are payable in accordance with Order 10, Rule 3 of the Circuit Court Rules, 1950, as amended."

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:

Defendant's Costs

exceeds £50 but does not exceed £100

exceeds £100 but does not exceed £300

exceeds £300

(1)

(2)

(3)

Section A

Section B

Section C

1. Drawing civil bill and copy for service

£3·13

£4·00

£5·00

Entering appearance and defence.

2. Extra copy civil bill where there is more than one defendant

£0·25

£0·25

£0·25

3. Entering civil bill

£0·63

£0·63

£0·75

4. Instructions for hearing or settlement, preparing proofs and attending on witnesses, to include perusing defence and other necessary documents

Discretionary

Discretionary

Discretionary

Instructions for hearing or settlement, preparing proofs and attendance on witnesses, to include perusing all necessary documents.

5. Notice of trial

£0·75

£0·75

£0·87

Notice of trial (if not served by plaintiff).

6. Attending Court when case in list but not reached

£1·25

£1·25

£1·25

Attending Court when case in list but not reached.

7. For each day or part of a day of the hearing

£3·50

£4·00

£5·50

For each day or part of a day of the hearing.

8. Attending to hear a reserved judgement

£0·75

£1·00

£1·25

Attending to hear a reserved judgement.

9. Entering judgement

£1·00

£1·00

£1·00

Entering judgement dismissing action.

10. Counsel's brief (if prepared)

£1.75

£2·00

£2·25

or, at the option of the solicitor, draft brief £0.06 per folio, copy brief £0.03 per folio, of matter properly included.

or, at the option of the solicitor, draft brief £0.06 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 the 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 £100 but does not exceed £300

exceeds £300 but does not exceed £600

exceeds £600

(1)

(2)

(3)

1. Drawing for civil bill and copy for service

£3·37

£3·50

£5·00

Entering appearance and defence.

2. Each extra copy of civil bill where more than one defendant

£0·25

£0·25

£0·25

3. Entering civil bill

£0·63

£0·75

£0·75

4. Instructions for motion to Court for judgement in default of appearance or defence, to include drawing and filing all necessary affidavits and attending Court on motion

£3·13

£4·00

£4·00

Instructions for motion to Court for judgement 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)

£1·00

£1·25

£1·25

Counsel's brief on motion (if prepared).

6. Perusing defence, instructions for hearing or settlement, preparing proofs and attendance on witnesses

Discretionary

Discretionary

Discretionary

Instructions for hearing or settlement, preparing proofs and attendance on witnesses.

7. Notice of trial

£0·75

£0·75

£0·87

Notice of trial (if not served by plaintiff).

8. Attending Court when case in list but not reached

£1·25

£1·25

£1·50

Attending Court when case in list but not reached.

9. For each day or part of a day of the hearing

£4·00

£5·50

£6·00

For each day or part of a day of the hearing.

10. Attending to hear a reserved judgement

£0·75

£0·75

£1·25

Attending to hear a reserved judgement.

11. Entering judgement

£1·00

£1·00

£1·50

Entering judgement.

12. Counsel's brief on trial (if prepared)

£2·00

£3·50

£5·00

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 £0·06 per folio, copy brief £0·04 per folio, of matter properly included.

PART III

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

Where the amount due at date of issue of the Civil Bill

exceeds £50 but does not exceed £75

exceeds £76 but does not exceed £100

exceeds £100 but does not exceed £300

exceeds £300 but does not exceed £400

exceeds £400 but does not exceed £500

exceeds £500

(1)

(2)

(3)

(4)

(5)

(6)

1. By default of appearance or on consent

£4·50

£5·00

£6·13

£7·37

£8·63

£9·63

2. By default of Defence

£5·00

£5·25

£6·75

£8·00

£9·25

£10·25

PART IV

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

Plaintiff's Costs

Where rent exceeds £53 per annum but does not exceed £75 per annum (1)

Where rent exceeds £75 per annum but does not exceed £150 per annum (2)

Where rent exceeds £150 per annum (3)

Defendant's Costs

1. Drawing civil bill and copy for service

£2·00

£3·00

£4·00

Instructions and entering appearance and defence.

2. Drawing notice to quit and necessary copies and service thereof

£0·50

£0·50

£0·50

3. Extra copy of civil bill where required

£0·15

£0·15

£0·15

4. Entering civil bill

£0·50

£0·63

£0·75

5. Motion for judgement, including notice, affidavits, copies, service and filing

£3·00

£3·50

£4·00

6. Instructions for hearing of 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

£0·63

£0·63

£0·63

Notice of trial (if not served by plaintiff).

8. Attending Court when case in list but not reached

£1·25

£1·25

£1·50

Attending Court when case in list but not reached.

9. Attending to hear a reserved judgement

£0·75

£0·75

£1·00

Attending to hear a reserved judgement.

10. Attending on motion for judgement, or in Court for each day or part of a day of the hearing

£3·00

£3·50

£4·00

Attending on motion for judgement, or in Court for each day or part of a day of the hearing.

11. Entering judgement

£0·87

£1·00

£1·50

Entering judgement dismissing action.

12. Counsel's brief (if prepared)

£1·25

£1·75

£2·50

Counsel's brief (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.

PART V

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

Plaintiff's Costs

Where the rateable valuation:

Defendant's Costs

does not exceed £5

exceeds £5 but does not exceed £15

exceeds £15 but does not exceed £30

exceeds £30

(1)

(2)

(3)

(4)

1. Drawing civil bill and copy for service

£2·75

£3·00

£3·50

£4·50

Entering appearance and defence.

2. Extra copy of civil bill where required

£0·13

£0·19

£0·19

£0·19

3. Entering civil bill

£0·63

£0·63

£0·63

£0·63

4. Perusing defence, instructions for hearing or settlement, preparing proofs, and attendance on witnesses

Discretionary

Discretionary

Discretionary

Discretionary

Instructions for hearing or settlement, preparing proofs and attendance on witnesses.

5. Notice of trial

£0·75

£0·75

£0·75

£0·75

Notice of trial (if not served by plaintiff).

6. Attending Court when case in list but not reached

£0·75

£1·25

£1·25

£1·50

Attending Court when case in list but not reached.

7. Attending Court for each day or part of a day of the hearing

£1·50

£2·50

£3·00

£3·75

Attending Court for each day or part of a day of the hearing.

8. Attending to hear a reserved judgement

£0·75

£0·75

£0·75

£1·25

Attending to hear a reserved judgement.

9. Entering judgement

£0·75

£0·75

£0·75

£1·50

Entering judgement.

10. Counsel's brief (if prepared)

£0·50

£1·00

£2·00

£2·50

Counsel's brief (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.

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 purpose of taxing costs, to apportion the valuation of the rateable hereditament which includes the said premises.

PART VI

COSTS IN INTERPLEADER

Plaintiff's Costs

Where the value of the property in question:

Defendant'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

(1)

(2)

(3)

(4)

(5)

1. Drawing summons in interpleader and copy for service

£1·50

£2·50

£2·75

£3·00

£3·50

2. Extra copy of summons where required

£0·15

£0·15

£0·15

£0·15

£0·15

3. Instructions for hearing or settlement, preparing proofs and attendance on witnesses

£2·00

£2·50

£3·00

Discretionary

Discretionary

Instructions for hearing or settlement, preparing proofs and attendance on witnesses.

4. Attending on hearing of summonses

£2·50

£3·25

£4·50

£5·25

£6·00

Attending on hearing of summons.

5. Entering judgement

£0·75

£0·75

£0·75

£1·00

£1·50

Entering judgement.

6. Counsel's brief (if prepared)

£1·00

£1·50

£2·00

£2·50

£3·00

Counsel's brief (if prepared).

PART VII

COSTS IN EQUITY

Where the value of the personality and lands does not exceed £200

Where the value of the personality and lands exceeds £200 but does not exceed £500

Where the value of the personality and lands exceeds £500 but does not exceed £1,500

Where the value of the personality and lands exceeds £1,500.

(1)

(2)

(3)

(4)

1. Drawing civil bill or defence, advising thereon and attending and instructing counsel when employed and copy for service

£1·50

£2·50

£4·00

£6·00

2. Letter to defendant before the institution of proceedings

£0·25

£0·25

£0·25

£0·25

3. For each additional copy of civil bill or defence for service, when required

£0·25

£0·25

£0·25

£0·25

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

Briefs drafts and copies :

5. Brief for counsel of necessary documents

£0·04 per folio: not to exceed £2·10

£0·04 per folio: not to exceed £2·50

Draft £0·05 per folio, copy £0·03 per folio

Draft £0·06 per folio, copy £0·04 per folio

6. Drawing any affidavit, account, order or other document necessary or proper for the purpose of any proceeding, 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

£0·05 per folio

£0·05 per folio

£0·05 per folio

£0·06 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)

£0·03 per folio

£0·03 per folio

£0·03 per folio

£0·04 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 personality) of the subject matter of the suit according to the appropriate columns of Part I of this Schedule

Part I

Section A

Part I

Section B

Part I

Section C

Part I

Section C

9. Fee to the solicitor for the plaintiff or defendant, petitioner, committee or party having carriage in all cases of account or enquiry, 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

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 suit

£2·00

£4·00

£4·50

£5.50

When a receiver or committee is appointed by or under a decree or order of the Courts:

11. For all costs and charges in relation to the completion of the security and appointment of the receiver or committee

£2·00

£4·00

£4·75

£6·00

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

£2·00

£4·00

£7·00

£9·00

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

£0·75

£0·75

£1·00

£1·00

Lodgement 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

£2·00

£4·50

£5·00

£6·00

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

£2·00

£4·50

£6·00

£7·00

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 on the order, and all other charges

£2·00

£4·50

£6·00

£7·00

17. For each copy of a petition to pay our or distribute actually served, including the notice of hearing

£0·25

£0·25

£0·25

£0·25

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

£2·00

£4·50

£6·00

£7·00

19. For each copy of petition actually served, including notice of hearing

£0·25

£0·25

£0·25

£0·25

Interlocutory applications and attendances:—

20. For attending before the Judge on any interlocutory application (counsel to be allowed only when certified for by the Judge)

£1·60

£1·50

£2·00

£2·50

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 by any other item herein contained

£1·50

£1·50

£1·50

£1·50

PART VIII

COSTS IN PROBATE MATTERS AND ACTIONS

Plaintiff's Costs

Where the rateable valuation of the lands or the value of the personality involved:

Defendant'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 £1000

exceeds rateable valuation £45 or personal estate £1,000

(1)

(2)

(3)

(4)

1. Drawing civil bill, making copy for service, attendance to file original with County Registrar and preparation, completion and lodgement of affidavit of jurisdiction and affidavit of next-of-kin

£3·00

£5·25

£7·00

£9·00

Entering appearance and drawing defence, making copies for Court file and for service, and lodgement of copy with County Registrar.

2. Extra copy of civil bill where more than one defendant

£0·15

£0·15

£0·15

£0·15

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

£0·63

£0·63

£0·63

£0·63

Notice of trial (if not served by plaintiff).

5. Attending Court on hearing. Each day

£3·00

£3·75

£4·50

£5·25

Attending Court on hearing. Each day.

6. Attending when case in list but not reached

£0·75

£1·00

£1·25

£1·50

Attending when case in list but not reached.

7. Drawing order and entering judgement, including attendance to have order signed by the County Registrar

£1·00

£1·25

£1·50

£2·25

Drawing order and entering judgement, including attendance to have order signed by County Registrar.

8. Counsel's brief (if prepared)

£0·06 per folio of matter properly included.

Counsel's brief (if prepared).

PART IX

RENT RESTRICTIONS ACT, 1960

In any case under the Rent Restrictions Act, 1960 , 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

£1·25

£1·63

£2·50

Instructions to oppose application and perusing notice.

2. Engrossing notice of application and copies thereof and filing for entry

£0·63

£0·75

£0·87

Filing for entry if applicant makes default.

3. Preparing proofs and attendance on witnesses

£1·25

£2·00

£3·00

Preparing proofs and attendance on witnesses.

4. Counsel's brief (if prepared)

£0·87

£1·50

£2·50

Counsel's brief (if prepared).

5. Attending Court on the hearing

£1·25

£2·50

£3·50

Attending Court on the hearing.

6. Attending when case in list but not reached

£1·25

£1·25

£1·25

Attending when case in list but not reached.

7. Drawing order and entering

£0·50

£0·50

£0·50

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 £1·75 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 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 £26, the Judge shall allow such sum not exceeding £4·50 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

£1·50

£2·50

£3·00

£4·00

£5·00

2. Each copy of the preliminary notice served

£0·17

£0·17

£0·25

£0·50

£0·50

3. Preparing and signing notice of application to the Court

£0·37

£0·50

£0·87

£1·25

£1·75

4. Each copy of notice of application served

£0·17

£0·17

£0·25

£0·50

£0·50

5. Instructions, taking particulars of evidence, attendance on witnesses, preparing proofs

Discretionary

Discretionary

Discretionary

Discretionary

Discretionary

6. Attending Court for each day or part of a day

£1·50

£2·50

£3·00

£4·75

£5·00

7. Attending when case in list but not reached

£1·00

£1·00

£1·00

£1·00

£1·00

8. Attending to hear a reserved judgment

£0·75

£0·75

£0·75

£0·75

£0·75

9. Drawing and signing decree or order

£0·63

£0·63

£0·63

£0·63

£0·63

10. Counsel's brief (if prepared)

£0·75

£1·25

£2·00

£2·50

£3·25

or, at the option of the solicitor, draft brief £0·06 per folio, copy brief £0·04 per folio, of matter properly included.

PART X (continued)

(b) Respondant's solicitor

In all cases where the amount of compensation claimed does not exceed £5, the Judge shall allow such sum not exceeding £1·75 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 £3·00 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 £4·50 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

£0·75

£1·25

£1·63

£1·75

£2·75

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

£1·50

£2·50

£3·00

£4·75

£5·00

4. Attending in Court when case in list but not reached

£1·00

£1·50

£1·50

£1·50

£1·50

5. Attending to hear a reserved judgement

£0·75

£0·75

£0·75

£0·75

£0·75

6. Drawing and signing any order of refusal

£0·50

£0·50

£0·50

£0·50

£0·50

7. Counsel's brief (if prepared)

£0·75

£1·25

£2·00

£2·50

£3·25

or, at the option of the solicitor, draft brief £0·06 per folio, copy brief £0·04, per folio, of matter properly included.

PART XI

LANDLORD AND TENANT ACTS, 1931 AND 1958

Costs of applications for new leases

Applicant's Costs

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

does not exceed £50 per annum

exceeds £50 per annum but does not exceed £100 per annum

exceeds £100 per annum but does not exceed £200 per annum

exceeds £200 per annum but does not exceed £500 per annum

Exceeds £500 per annum

(1)

(2)

(3)

(4)

(5)

1. Drawing originating notice of motion

£2·00

£2·75

£3·50

£4·00

£4·50

Drawing answer.

2. Engrossing and entering originating notice of motion

£0·63

£1·00

£1·50

£1·50

£1·50

Engrossing and entering answer.

3. Each copy of originating notice of motion where more than one respondent

£0·25

£0·25

£0·37

£0·37

£0·37

Each copy of answer where more than one applicant.

4. Instructions for hearing of 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)

£1·75

£2·50

£2·75

£3·00

£3·50

Counsel's brief (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.

6. Attending Court for each day or part of a day of the hearing

£1·63

£2·25

£2·50

£2·75

£3·00

Attending Court for each day or part of a day of the hearing.

7. Attending Court when case in list but not reached

£1·25

£1·25

£1·25

£1·25

£1·25

Attending Court when case in list but not reached.

8. Attending to hear reserved judgment

£0·75

£0·75

£0·75

£0·75

£0·75

Attending to hear reservedjudgment.

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

Applicant's Costs

Where the amount of compensation awarded or agreed between the parties or, in the case of a dismiss, the amount claimed:

Respondent'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

£2·25

£2·75

£3·00

£5·00

Drawing answer.

2. Engrossing and entering originating notice of motion

£0·75

£0·75

£0·75

£0·75

Engrossing and entering answer.

3. Each extra copy of originating notice of motion where more than one respondent

£0·25

£0·25

£0·25

£0·25

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)

£0·75

£1·50

£2·25

£3·00

Counsel's brief.

or, at the option of the solicitor, draft brief £0·06 per folio, copy brief £0·04 per folio, of matter properly included.

6. Attending Court when case in list but not reached

£1·25

£1·25

£1·25

£1·25

Attending Court when case in list but not reached.

7. Attending Court for each day or part of a day of the hearing

£1·50

£1·75

£2·50

£3·50

Attending Court for each day or part of a day of the hearing.

8. Attending to hear reserved judgment

£0·75

£0·75

£0·75

£0·75

Attending to hear 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 of 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

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, where (1) in the case of a chattel, the amount of the instalments due and unpaid under the agreement at the date of the co-mmencement of the proceedings or (2) the amount recovered or, in the case of a dismiss, the amount sued for exceeds £50 but does not exceed £100

(1)

(2)

(3)

(4)

1. For all charges preliminary or incidental to the hearing, and taking out the order thereon

£3·50

£5·00

£9·50

£10·50

2. Drawing recognizance or attending to lodge money

£0·37

£0·37

£0·37

£0·37

3. Counsel's brief (if prepared)

£0·63

£0·75

£1·50

£2·50

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 Case of Desertion) Act, 1886] shall be allowed under column (2) hereof.

(2) Costs of an appeal under the Rent Restrictions Act, 1960 , shall be allowed under column (1) thereof.

(3) 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 shall be allowed for costs; where column (3) applies, the sum shall be £5·50 and where column (4) applies the sum allowed shall be £6.

(4) The costs of an appeal in an ejectment where the rent by the year does not exceed £27 shall be allowed under column (2) and where such rent exceeds £27 under column (3) thereof.

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 XIII of the Schedule, unless there is a separate corresponding item in the relevant scale.

1. Attendance for the purpose of obtaining a side bar order ... ...

£0·75

2. Attendance in proceedings before the County Registrar where not otherwise provided for ... ... ... ... ...

£0·75

3. Attendance at the office for the purpose of issuing a witness summons ... ... ... ... ... ... ... ...

£0·75

4. Attendance at the office for issuing or filing any document not otherwise provided for ... ... ... ... ... ...

£0·75

5. Attendance in Court not otherwise provided for ... ... ...

£l·75

6. Preparation of brief on ex-parte or interlocutory application ...

£0·75

7. Affidavits or documents not otherwise provided for, folio of 72 words

(a) drawing ... ... ... ... ... ... ... ...

£0·06

(b) engrossing ... ... ... ... ... ... ...

£0·04

8. Perusing affidavits or documents not otherwise provided for, folio of 72 words ... ... ... ... ... ... ...

£0·04

9. Attending consultation when fee allowed to counsel for same ...

£l·50

10. Copies of documents where necessary per folio:

(a) originals ... ... ... ... ... ...

£0·04

(b) carbon copies ... ... ... ... ... ... ...

£0·02

11. Attending counsel:

(a) to settle civil bill or defence ... ... ... ... ...

£0·50

(b) any other necessary attendance ... ... ... ...

£0·50

12. Case to counsel to advise proofs, folio of 72 words ... ...

£0·06

Minimum ...

£l·50

13. Drawing costs with copy for taxation. Item ... ... ...

£0·01

14. Attending to lodge costs and have date allocated ... ... ...

£0·50

15. Service thereof ... ... ... ... ... ... ...

£0·15

16. Summons to tax ... ... ... ... ... ... ...

£0·25

17. Copies for service and to annex. Each ... ... ... ...

£0·13

18. Attending taxation ... ... ... ... ... ... ...

£1·00

19. Drawing certificate of taxation ... ... ... ... ...

£0·37

SCHEDULE II

COUNSEL'S FEES IN CIRCUIT COURT

ACTIONS IN CONTRACT AND TORT

(i) Fee on Brief.

On taxation of Plaintiff's costs, where the amount or the value of specific chattels recovered by the Plaintiff or, on taxation of a Defendant's costs, where the amount or value chattels sued for:

(a) does not exceed £50 ... ... ... ...

£4·20

(b) exceeds £50 but does not exceed £100 ... ...

£6·30

(c) exceeds £100 but does not exceed £300 ... ...

£10·50

(d) exceeds £300 but does not exceed £500 ... ...

£13·65

(e) exceeds £500 ... ... ... ... ...

£15·75

(ii) (a) Fee on settling Civil Bill or Defence ... ... ...

£ 3·15

(b) Fee on settling Defence and Counterclaim ... ...

£4·20

(iii) Fee on advising proofs ... ... ... ... ...

£3·15

(iv) Fee on settling Notice for particulars or reply thereto ...

£2·10

*where necessary to be settled by Counsel.

(v) Fee on Consultation ... ... ... ... ...

£3·15

EJECTMENTS FOR NON-PAYMENT OF RENT AND OVERHOLDING

(i) Fee on Brief, where the annual rent

(a) does not exceed £50 ... ... ... ...

£4·20

(b) exceeds £50 but does not exceed £100 ... ...

£6·30

(c) exceeds £100 ... ... ... ... ...

£8·40

(ii) Fee on settling Civil Bill or on settling Defence ... ...

£3·15

(iii) Fee on advising Proofs ... ... ... ... ...

where proper to be allowed on taxation £2·10 but not to exceed £3·15

(iv) Fee on Consultation ... ... ... ... ...

£3·15

(v) Fee on Brief upon an application for Summary Judgment, or for Judgment in default of Appearance or Defence

(a) Evidence on Affidavit ... ... ... ...

£3·15

(b) Oral Evidence ... ... ... ... ...

£5·25

TITLE JURISDICTION

Including Ejectment on the Title, other than Ejectments for Non-payment of Rent or Overholding

(i) Fee on Brief where the Rateable Valuation of the lands the subject matter of the action

(a) does not exceed £20 ... ... ... ...

£5·25

(b) exceeds £20 but does not exceed £30 ... ...

£6·30

(c) exceeds £30 ... ...

£10·50

(ii) Fee on Settling Civil Bill or Defence ... ... ...

£3·15

(iii) Fee on advising Proofs

(a) where the Rateable Valuation of the lands the subject matter of the actions does not exceed £30, and the Judge at the hearing certifies therefor ... ... ... ... ... ...

£2·10

(b) where the Rateable Valuation exceeds £30 ...

£3·15

(iv) Fee on Consultation ... ... ... ... ...

£3·15

(v) Fee on Brief upon an application for Summary Judgment or for Judgment in default of appearance or Defence

(a) Evidence on Affidavit ... ... ... ...

£3·15

(b) Oral Evidence ... ... ... ... ...

£5·25

EQUITY SUITS

For the purpose of calculating the value of the subject matter of a suit (save in suits for Specific Performance) the value of lands shall be deemed to be 50 times the Rateable Valuation. In suits for Specific Performance the value of the subject matter shall be deemed to be the value in money of the consideration mentioned in the alleged contract.

(i) Fee on Brief, where the value of the subject matter (including land)

(a) does not exceed £500 ... ... ... ...

£6·30

(b) exceeds £500 but does not exceed £1,000 ... ...

£8·40

(c) exceeds £1,000 but does not exceed £1,500 ...

£10·50

(d) exceeds £1,500 ... ... ... ... ...

£15·75

(ii) (a) Fee on settling Civil Bill or Defence ... ...

£3·15

(b) Fee on settling Defence and Counterclaim ... ...

£4·20

(iii) Fee on advising Proofs ... ... ... ... ...

£3·15

(iv) Fee on Consultation ... ... ... ... ...

£3·15

(v) (a) Fee on Brief on Motion ex parte ... ... ...

£2·10

(b) Fee on Brief on Motion on Notice (On affidavit) ...

£3·15

(c) Fee on Brief on Motion on Notice (Heard on oral evidence)

Where the value of the subject matter (including land) does not exceed £1,000

£4·20

Where the value of the subject matter (including land) exceeds £1,000 ... ... ...

£5·25

(vi) Reduced Brief fee where Defendant submits to order of the Court and where the value of the subject matter (including land) exceeds £1,000 ... ... ... ...

£8·40

PROBATE

(i) Fee on brief, where the value of the Estate

(a) does not exceed £500 ... ... ... ...

£7·35

(b) exceeds £500 but does not exceed £1,500 ... ...

£10·50

(c) exceeds £1,500 ... ... ... ... ...

£15·75

(ii) (a) Fee on settling Civil Bill of Defence ... ... ...

£3·15

(b) Fee on settling Defence and Counterclaim ... ...

£4·20

(iii) Fee on advising Proofs ... ... ... ... ...

£3·15

(iv) Fee on Consultation ... ... ... ... ...

£3·15

(v) Fee on Interlocutory motion ... ... ... ...

£3·15

APPLICATIONS UNDER RENT RESTRICTIONS ACT

(i) Fee on Brief ... ... ... ... ... ...

£5·25

(ii) Fee on settling Notices where proper to be allowed on taxation ... ... ... ... ... ...

£2·10

(iii) Advising proofs ... ... ... ... ... ...

No fee

(iv) Consultation ... ... ... ... ...

No fee

DISTRICT COURT APPEALS

(1) Fee on Brief

(a) in any defended case of Contract or Tort

(i) where the amount recovered or claimed does not exceed £25

£3·15

(ii) where the amount recovered or claimed exceeds £25

£4·20

(b) in any defended Ejectment

£4·20

(2) Fee on Consultation, where proper to be allowed on taxation

£3·15

WORKMEN'S COMPENSATION ACTS

(i) Fee on Brief

(a) Originating Summons, Summons to Review or Redeem

£8·40

(b) Motion on Notice on reference to Court by County Registrar or adjourned, hearing requiring oral evidence

£5·25

(c) An Application ex parte or other Application or Motion requiring no oral evidence

£3·15

(ii) Fee on settling Originating Summons or Defence

£3·15

(iii) Fee on advising Proofs, where proper to be allowed on taxation

£3·15

(iv) Fee on Consultation, where proper to be allowed on taxation

£3·15

(v) Fee on Brief where claim compromised or discharged by payment of lump sum

No fee

MALICIOUS INJURY APPLICATIONS

(i) Fee on Brief

On taxation of an Applicant's costs where the amount recovered by the Applicant or on taxation of a Respondent's costs where the amount claimed :

(a) Does nor exceed £10 ... ... ... ...

£2·10

(b) exceeds £10 but does not exceed £50 ... ...

£4·20

(c) exceeds £50 but does bot exceed £200 ... ...

£6·30

(d) exceeds £200 but does not exceed £600 ... ...

£9·45

(e) exceeds £600 but does not exceed £1,000 ... ...

£12·60

(f) exceeds £1,000 but does not exceed £2,000 ...

£15·75

(g) exceeds £2,000 ... ... ... ... ...

Fee as may be allowed on taxation

(ii) Fee on advising Proofs ... ... ... ... ...

Where proper to be allowed on taxation £2·10, but not to exceed £4·20

(iii) Fee on Consultation

(a) where the amount does not exceed £200 ...

No fee

(b) where the amount exceeds £200 ... ... ...

£3·15

where proper to be allowed on taxation

LANDLORD AND TENANT ACTS

A—APPLICATION FOR NEW TENANCIES

NOTE—For the purpose of this scale of fees "the rent" shall be the rent agreed by the parties or fixed by the Court under Part III of the Landlord and Tenant Act, 1931 , or the gross rent as so agreed or ascertained by the Court under the Landlord and Tenant (Reversionary Leases) Act, 1958 . In any case in which the application is dismissed, or in any case in which no rent is required to be fixed or ascertained, a sum equivalent to five times the Rateable Valuation shall be deemed to be the rent.

(i) Fee on Brief, where the Rent

(a) does not exceed £50

£4·20

(b) exceeds £50 but does not exceed £100

£6·30

(c) exceeds £100 but does not exceed £200

£10·50

(d) exceeds £200 but does not exceed £400

£12·60

(e) exceeds £400 but does not exceed £600

£15·75

(f) exceeds £600

Such fee as may be allowed taxation but not to exceed £21.

(ii) Fee on settling Notice of Application to Court or Notice of Dispute

£2·10

(iii) Fee on advising Proofs, where proper to be allowed on taxation

£3·15

(iv) Fee on Consultation

£3·15

B. APPLICATIONS FOR COMPENSATION FOR IMPROVEMENTS AND APPLICATIONS FOR COMPENSATION FOR DISTURBANCE AND ALL OTHER APPLICATIONS NOT OTHERWISE PROVIDED FOR

NOTE—In any case in which judgment is entered for the Respondent and there is no sum claimed by the Applicant upon which the costs of the Respondent can be ascertained, a sum equivalent to five times the Rateable Valuation of the property the subject of the application shall be deemed to be the sum claimed for the purpose of the scale of fees.

(i) Fee on Brief, where the sum claimed

(a) does not exceed £50

£4·20

(b) exceeds £50 but does not exceed £100

£6·30

(c) exceeds £100 but does not exceed £200

£7·35

(d) exceeds £200 but does not exceed £300

£9·45

(e) exceeds £300 but does not exceed £600

£12·60

(f) exceeds £600

£15·75

(ii) Fee on settling Notice of Application to Court or Notice of Dispute

£2·10

(iii) Fee on advising Proofs, where proper to be allowed on taxation

£3·15

(iv) Fee on Consultation

£3·15

HIRE-PURCHASE AND CREDIT SALE ACTIONS

(i) Fee on Brief

On taxation of a Plaintiff's costs, where the amount recovered or, in the case of an action for the specific recovery of a chattel, the amount of the instalments due and unpaid under the agreement at the date of the commencement proceedings                

or

On taxation of a defendant's costs, where the amount sued for or, in the case of an action for the 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

(a) does not exceed £50

£4·20

(b) exceeds £50 but does not exceed £100

£6·30

(c) exceeds £100 but does not exceed £300

£10·50

(d) exceeds £300 but does not exceed £500

£13·65

(e) exceeds £500 but does not exceed £600

£15·75

(f) exceeds £600

£16·80

(ii) (a) Fee on settling Civil Bill or Defence

£3·15

(b) Fee on settling Defence and Counterclaim

£4·20

(iii) Fee on advising Proofs

£3·15

(iv) Fee on settling Notice for particulars or reply thereto

£2·10

*Where necessary to be settled by Counsel.

(v) Fee on Consultation

£3·15

GENERAL

1. The fees to be allowed for Counsel as between Party and Party shall be such fees as shall be allowed on Taxation and in accordance with the Schedule where the same is applicable.

2. In any case of unusual difficulty or importance the Judge at the healing may allow to Counsel such increased fees (save in respect of consultation) as to him seem right.

3. Fees to apply where not otherwise provided in Schedule :

(i) Fee on settling Notice of Motion, where proper to be allowed on taxation

£2·10

(ii) Fee on settling Affidavit, where proper to be allowed on taxation

£2·10

(iii) Fee on Brief on Motion ex parte or Motion on Notice heard on Affidavit, where proper to be allowed on taxation

£3·15

(iv) Fee on Brief on Motion or Application requiring oral evidence

£4·20

(v) Fee on Consultation, where proper to be allowed on taxation

£3·15

4. Refreshers—Such fee as may be allowed on taxation not to exceed one-half Brief fee to the nearest pound.

5. Fee on Senior Counsel :

(i) In actions in contract or tort on taxation of Plaintiff's costs where the amount recovered by the Plaintiff, or on taxation of the Defendant's costs where the amount claimed against the Defendant, exceeds £300 a fee (other than on consultation) of 50 per cent. greater than the fee allowed to Junior Counsel in the case shall be allowed for one Senior Counsel.

(ii) In all cases not otherwise provided for one Senior Counsel may be allowed if the Judge at the hearing certifies that it was reasonable to brief Senior Counsel, and, in that event his fee (other than on consultation) shall be 50 per cent. greater than the fee allowed to Junior Counsel in the case.

EXPLANATORY NOTE

These Rules, which come into operation on 15th February, 1971, provide for the restating, in Decimal Currency, of the costs and fees previously contained in three Statutory Instruments (viz. Circuit Court Rules, 1967 ( S.I. No. 37 of 1967 ), Circuit Court Rules (No. 2), 1967 ( S.I. No. 118 of 1967 ) and Circuit Court Rules (No. 2), 1970 ( S.I. No. 308 of 1970 )).