| |
S.I. No. 212 of 1954.
|
| |
CIRCUIT COURT RULES, 1954.
|
| |
We, the Circuit Court Rules Committee, constituted pursuant to the provisions of
Section 69
of the
Courts of Justice Act, 1936
, 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, 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 this 4th day of September, 1954.
|
| |
(Signed) W. G. SHANNON.
|
| |
PATRICK J. ROE.
|
| |
JOHN C. CONROY.
|
| |
JOHN L. ESMONDE.
|
| |
ROGER O'HANRAHAN.
|
| |
SEÁN Ó h-UADHAIGH.
|
| |
JOSEPH P. TYRRELL.
|
| |
MICHEAL Ó CLEIRIGH.
|
| |
I concur in the making of the annexed Rules of Court.
|
| |
Dated this 4th day of October, 1954.
|
| |
(Signed) JAMES EVERETT,
|
| |
Minister for Justice.
|
| |
CIRCUIT COURT RULES, 1954.
|
| |
These Rules, which may be cited as the Circuit Court Rules, 1954, shall come into operation on the 4th day of October, 1954. The Orders and Schedules referred to in these Rules as being revoked, amended or added to are those contained in the Circuit Court Rules, 1950.
|
| |
Rule 1.
|
| |
Fixed Service Fee.
|
| |
ORDER 10.
|
| |
The sum of 7/6d. shall be substituted for the sum of 5/- in Rule 3 of this Order.
|
| |
There shall be added to Rule 3 of this Order the following words :—
|
| |
Dispensing with Service by Summons Server.
|
| |
If the Judge is satisfied that in any particular district service by a Summons Server is not practicable, he may direct that for a specified period service may be effected in such manner as he shall think proper.
|
| |
Rule 2.
|
| |
Costs where particulars insufficient.
|
| |
ORDER 14.
|
| |
There shall be added to this Order the following Rule :—
|
| |
6. If in the opinion of the Court any party has not given sufficient particulars in any pleading, notice, or written proceeding requiring particulars, the Court may disallow to such party all or part of the costs in respect of such pleading, notice, or written proceeding, and, in addition to or in lieu of such disallowance, may award the costs and expenses occasioned by such insufficiency against such party.
|
| |
Rule 3.
|
| |
Dormant Balances.
|
| |
ORDER 15.
|
| |
There shall be added to this Order the next following two Rules :—
|
| |
10. The County Registrar in each County may from time to time carry over to a general ledger account for dormant balances the balances of funds to the credit of any ledger account which have not been dealt with for fifteen years or upwards ; and he may carry to the credit of the same general ledger account the interest or dividends from time to time accruing upon the balances of funds which have been so carried over. When an order dealing with funds carried over under this Rule is to be acted upon, the County Registrar shall carry back such funds, and any interest or dividends accrued thereon, to the credit of a ledger account in the same title as the account from which they were so carried over, and shall deal therewith as directed by such order.
|
| |
11. On or before the 31st day of December in every third year the County Registrar shall prepare a list or statement of the accounts in the office carried over to the general ledger account under the next preceding Rule. The said list or statement shall be filed and exhibited in the Office, and a copy thereof shall be published in Iris Oifigiúil.
|
| |
Rule 4.
|
| |
Judgment for costs where claim satisfied.
|
| |
ORDER 23.
|
| |
Rule 1 of this Order is hereby amended by the addition at the end thereof of the following words:—
|
| |
In any of such cases in which the Defendant shall, after action brought, have satisfied the Plaintiff's claim (save as to costs), the Plaintiff may apply in the Office for Judgment for the costs applicable to the Plaintiff's claim in accordance with the appropriate part of the Schedule hereto entitled the " Third Schedule ". The application for such Judgment shall be supported by the documents mentioned in Rules 2 and 3 of this Order with such alterations and additions thereto as may be appropriate.
|
| |
Rule 5 of this Order is hereby amended by the addition at the end thereof of the following words:—
|
| |
Where the claim has been satisfied (save as to costs), judgment may be entered in the office for costs only.
|
| |
Rule 5.
|
| |
Time for Defence in Actions transferred from High Court.
|
| |
ORDER 32.
|
| |
There shall be added to this Order the following Rule :—
|
| |
5. In any case where the defendant has not delivered a Defence before the transfer of the action, the time for filing and serving a Defence, unless the Order of transfer shall otherwise direct, shall be ten days from the date of service of the notice provided by Rule 3 of this Order. Where the Defendant has, as provided by Rule 2 of this Order, lodged the documents with the County Registrar, the time for filing and serving a Defence, unless the Order of transfer shall otherwise direct, shall be ten days from the date of such lodgment.
|
| |
Rule 6.
|
| |
ORDER 40.
|
| |
This Order is hereby revoked, and the following Order is substituted therefor :—
|
| |
ORDER 40.
|
| |
Workmen's Compensation Acts.
|
| |
1. Subject to the amendments made by Rules 2, 3, 4 and 5 of this Order, the Rules and Forms entitled " Circuit Court (Workmen's Compensation) Rules, 1942 ", bearing date the 25th day of October, 1941, and any Rules substituted in whole or in part therefor shall apply to all proceedings under the Workmen's Compensation Acts.
|
| |
2. The sum of £25 shall be substituted for the sum of £20 mentioned in Order 51, Rule 7, of the above-mentioned Rules of 1942.
|
| |
3. Scale X, Section F, of the above-mentioned Rules of 1942 shall be amended by deleting therefrom the words " Such fee not exceeding £15 as the County Registrar may allow ", and by substituting therefor the words " Such fee as the County Registrar may allow having regard to the work necessarily performed ".
|
| |
4. Scale XI (Counsel's fees) of the above-mentioned Rules of 1942 is hereby revoked, and in lieu thereof the scale of Fees appearing in the Schedule hereto entitled the " Third Schedule " shall apply.
|
| |
5. The costs in Scales I to X (inclusive) in the Appendix to the above-mentioned Rules of 1942, increased by 50 per centum, shall be the costs in all such proceedings.
|
| |
Rule 7.
|
| |
Application, Time for.
|
| |
ORDER 52.
|
| |
Rule 4 of this Order shall be amended by the substitution of the words " at least 15 clear days " for the words " within 15 clear days " wherever the latter occur.
|
| |
Witnesses' Expenses.
|
| |
The words " including witnesses' expenses " appearing in Rule 9 of this Order shall be deleted therefrom and there shall be added at the end of this Rule the words " Witnesses expenses shall be dealt with in accordance with Order 58 Rule 5 ".
|
| |
Rule 8.
|
| |
Costs in cases where consent to jurisdiction.
|
| |
ORDER 58.
|
| |
In Rule 22 of this Order there shall be substituted the words " less one-fifth " for the words " less one-third ".
|
| |
Costs in libel cases.
|
| |
Rule 23 of this Order shall be deleted and the following Rule 23 shall be substituted therefor:—
|
| |
In all actions for libel the costs shall be taxed in accordance with Section A of Part I of the Schedule hereto entitled the " Third Schedule " but the Judge may, in his discretion, direct that the costs awarded be taxed in accordance with either Section B or Section C of Part I of the said Schedule.
|
| |
Value of land.
|
| |
There shall be added to Rule 25 of this Order the next following words :—
|
| |
Provided always that in equity suits or proceedings, during the conduct of which any land the subject matter thereof has not been sold, the value of such land shall be taken to be fifty times the Poor Law Valuation.
|
| |
Where case personally conducted by Solicitor.
|
| |
There shall be added to this Order the following Rule :—
|
| |
32. In any defended cause or matter personally conducted by a Solicitor at the hearing, the County Registrar may, in fixing the Instructions Fee, take into consideration the additional work done and responsibility borne by the Solicitor. In any such case wherethe costs are taxed under Parts III, V or VI of the Schedule hereto entitled the " Third Schedule " any sum allowed under this Rule shall be in addition to the Instructions Fee in the said parts.
|
| |
FIRST SCHEDULE.
|
| |
Rule 9.
|
| |
SITTINGS—TOWNS.
|
| |
The following Towns shall be added to the List of Sittings-Towns :
|
| | |
Circuit.
|
Towns.
|
|
North Eastern ........................................................
|
Bailieborough.
|
|
Cork ............................................................ ............
|
Midleton.
|
|
| |
SECOND SCHEDULE.
|
| |
Rule 10.
|
| |
FORM 2 D.
|
| |
Form 2 D, Amendment of.
|
| |
The following indorsement of claim shall be substituted for the indorsement of claim in Form 2 D—Ejectment Civil Bill for Overholding—in the Second Schedule of the Rules of 1950:—
|
| |
INDORSEMENT OF CLAIM.
|
| |
The Plaintiff's claim is for possession of the lands of lately held by the Defendant under * dated the day of and made between and at the ** rent of £ which said tenancy determined on the day of by *** and for costs of the proceeding.
|
| |
Dated the day of
|
| |
(Signed) Plaintiff.
|
| |
or Solicitor for the Plaintiff.
|
| |
* Give particulars of the lease or tenancy.
|
| |
** If the rent by the year exceeds £ 100 state that the annual value of the premises does not exceed £ 60.
|
| |
*** State how the tenancy determined e.g., by expiry ; of the term or by a notice to quit.
|
| |
FORM 32. Form 32 in the Second Schedule of the Rules of 1950 shall be amended by the substitution for the fourth paragraph thereof of the following words :—
|
| |
Amendment of Form 32.
|
| |
TAKE NOTICE that at the Sitting of the Circuit Court at on day the day of 19 , application will be made on behalf of of in the County of for an Order declaring that the said , but for the provisions of the said Act, would have obtained a title by mere possession to the lands comprised in the said Folio, for an Order declaring the title of the said to the lands comprised in the said Folio and ordering the Register to be rectified in such manner as to the Court may seem fit and for an Order providing for the costs of the said application, which will be grounded on the affidavits set out in the schedule hereto, the nature of the case and the reasons to be offered.
|
| |
THIRD SCHEDULE.
|
| |
Rule 11.
|
| |
The Third Schedule of the Rules of 1950 is hereby revoked and the Schedule hereto entitled the " Third Schedule " shall be substituted therefor.
|
| |
THIRD SCHEDULE.
|
| |
PART I.
|
| |
COSTS IN ACTIONS IN CONTRACT AND IN CONTRACT AND IN TORT.
|
| |
SECTION A.
|
| | |
Plaintiff's costs
|
Where the amount recovered, or, in the case of a dismiss, the amount sued for exceeds £50 but does not exceed £100
|
Defendant's costs
|
|
|
£
|
s.
|
d.
|
|
|
Instructions and drawing Civil Bill and copy for service
|
2
|
5
|
0
|
Instructions and entering Appearance and Defence.
|
|
Each extra copy of Civil Bill where more than one Defendant
|
0
|
3
|
0
|
———
|
|
Entering Civil Bill
|
0
|
10
|
0
|
———
|
|
Perusing Defence, instructions for hearing, preparing proofs and attendance on witnesses, such sum as the County Registrar may allow, not being less than
|
3
|
0
|
0
|
Instructions for hearing, preparing proofs and attendance on witnesses, such sum as the County Registrar may allow, not being less than
|
|
Notice of Trial
|
0
|
13
|
4
|
Notice of Trial (if not served by Plaintiff).
|
|
Attending Court when case in List but not reached
|
1
|
0
|
0
|
Attending Court when case in List but not reached.
|
|
For each day or part of a day of the hearing
|
3
|
0
|
0
|
For each day or part of a day of the hearing
|
|
Attending to hear a reserved Judgment
|
0
|
10
|
0
|
Attending to hear a reserved Judgment.
|
|
Entering Judgment
|
0
|
13
|
4
|
Entering Judgment dismissing action.
|
|
Counsel's brief (if prepared)
|
1
|
10
|
0
|
Counsel's brief (if prepared).
|
|
| |
SECTION B.
|
| |
In actions in Contract and in Tort where the amount recovered, or, in the case of a Dismiss, the amount sued for, exceeds £100, but doe not exceed £300, the costs shall be taxed on the scale of costs obtaining for the time being the High Court less one-third.
|
| |
SECTION C.
|
| |
In actions in Contract and in Tort where the amount recovered, or, in the case of a dismiss, the amount sued for, exceeds £300, the costs shall be taxed on the scale of costs obtaining for the time being in the High Court less one-fifth.
|
| |
PART II.
|
| |
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 £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 £400
|
exceeds £400 but does not exceed £500
|
exceeds £500
|
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£.
|
s.
|
d.
|
|
(1) By default of appearance or on consent
|
3
|
10
|
0
|
4
|
5
|
0
|
5
|
10
|
0
|
6
|
15
|
0
|
8
|
0
|
0
|
9
|
0
|
0
|
|
(2) By default of defence
|
4
|
0
|
0
|
4
|
15
|
0
|
6
|
0
|
0
|
7
|
5
|
0
|
8
|
10
|
0
|
9
|
10
|
0
|
|
| |
PART III.
|
| |
COSTS OF EJECTMENT PROCEEDING FOR NON-PAYMENT OF RENT OR FOR OVERHOLDING OR OF A DISMISS IN SUCH PROCEEDINGS.
|
| | |
Plaintiff's Costs
|
Where rend exceeds £53 but does not exceed £75 per annum
|
Where rend exceeds £75 per annum but does not exceed £150 per annum
|
Where rent exceeds £150 per annum.
|
Defendant's Costs
|
|
(1)
|
(2)
|
(3)
|
|
Instructions and perusing documents, drawing Civil Bill and copy for service
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
|
1
|
10
|
0
|
2
|
0
|
0
|
3
|
10
|
0
|
Instructions and entering Appearance and Defence.
|
|
Extra Copy of Civil Bill where required
|
0
|
2
|
6
|
0
|
2
|
6
|
0
|
2
|
6
|
———
|
|
Entering Civil Bill
|
0
|
7
|
6
|
0
|
10
|
0
|
0
|
15
|
0
|
———
|
|
Motion for Judgment, including Notice, Affidavits, copies, service and filing
|
2
|
0
|
0
|
3
|
0
|
0
|
3
|
10
|
0
|
———
|
|
Perusal of Defence, instructions for hearing, preparing proofs and attendance on witnesses
|
2
|
0
|
0
|
3
|
0
|
0
|
*
|
Instructions for hearing, preparing proofs and attendance on witnesses.
|
|
Notice of Trial
|
0
|
10
|
0
|
0
|
10
|
0
|
0
|
10
|
0
|
Notice of Trial (if not served by Plaintiff).
|
|
Attending Court when case in list but not reached
|
0
|
15
|
0
|
1
|
0
|
0
|
1
|
10
|
0
|
Attending Court when case in list but not reached.
|
|
Attending to hear a reserved Judgment
|
0
|
15
|
0
|
1
|
0
|
0
|
1
|
10
|
0
|
Attending to hear a reserved judgment.
|
|
Attending on Motion for Judgment, or in Court for each day or part of a day of the hearing
|
2
|
10
|
0
|
3
|
0
|
0
|
3
|
10
|
0
|
Attending on Motion for Judgment or in Court for each day or part of a day of the hearing.
|
|
Entering Judgment
|
0
|
10
|
0
|
0
|
10
|
0
|
0
|
10
|
0
|
Entering Judgment dismissing action.
|
|
Counsel's Brief (if prepared)
|
1
|
0
|
0
|
1
|
5
|
0
|
2
|
0
|
0
|
Counsel's Brief (if prepared).
|
|
|
|
|
|
|
|
|
or 1/-per Folio of matter properly. included.
|
|
|
| |
*Such sum as the County Registrar may allow not being less than £4.
|
| |
PART IV.
|
| |
COSTS IN ACTIONS ON THE TITLE AND IN EJECTMENTS ON THE TITLE.
|
| | |
Plaintiff's Costs
|
Where the Poor Law Valuation :—
|
Defendant's Costs
|
|
(1)
|
(2)
|
(3)
|
(4)
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
|
Instructions and investigation of Plaintiff's Claim, drawing Civil Bill and copy for service
|
1
|
0
|
0
|
2
|
10
|
0
|
3
|
0
|
0
|
4
|
0
|
0
|
Instructions and entering Appearance and Defence.
|
|
Extra Copy of Civil Bill where required
|
0
|
1
|
0
|
0
|
2
|
6
|
0
|
2
|
6
|
0
|
2
|
6
|
———
|
|
Entering Civil Bill
|
0
|
10
|
0
|
0
|
10
|
0
|
0
|
10
|
0
|
0
|
10
|
0
|
———
|
|
Perusing Defence, instructions for hearing, preparing proofs, and attendance on witnesses, such sum as the County Registrar may allow, not being less than
|
2
|
0
|
0
|
0
|
3
|
0
|
0
|
4
|
0
|
0
|
5
|
0
|
Instructions for hearing, preparing proofs and attendance on witnesses, such sum as the County Registrar may allow, not being less than
|
|
Notice of Trial
|
0
|
10
|
0
|
0
|
10
|
0
|
0
|
10
|
0
|
0
|
10
|
0
|
Notice of Trial (if not served by Plaintiff).
|
|
Attending Court when case in list but not roached
|
0
|
10
|
0
|
0
|
15
|
0
|
1
|
0
|
0
|
1
|
0
|
0
|
Attending Court when case in list but not reached.
|
|
Attending Court for each day or part of a day of the hearing
|
1
|
5
|
0
|
2
|
0
|
0
|
2
|
10
|
0
|
3
|
0
|
0
|
Attending Court for each day or part of a day of the hearing.
|
|
Attending to hear a reserved Judgment
|
0
|
10
|
0
|
0
|
10
|
0
|
0
|
10
|
0
|
0
|
10
|
0
|
Attending to hear a reserved Judgment.
|
|
Entering Judgment
|
0
|
5
|
0
|
0
|
10
|
0
|
0
|
10
|
0
|
0
|
10
|
0
|
Entering Judgment.
|
|
Counsel's Brief (if prepared)
|
0
|
5
|
0
|
0
|
15
|
0
|
1
|
15
|
0
|
2
|
0
|
0
|
Counsel's Brief (if prepared).
|
|
|
|
|
|
|
|
|
|
|
|
or 1/- per Folio of matter properly. included.
|
|
|
| |
Where the premises the subject of the proceedings are not separately rated in the Valuation books, 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 V.
|
| |
COSTS IN INTERPLEADER.
|
| |
SECTION A.
|
| | |
Applicant's or Plaintiff's costs
|
Where the value of the property in question :—
|
Claimant's costs
|
|
does not exceed £50
|
exceeds £50 but does not exceed £75
|
exceeds £75 but does not exceed £100
|
|
(1)
|
(2)
|
(3)
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
|
Instructions and drawing Summons in Interpleader and copy for service
|
1
|
0
|
0
|
1
|
10
|
0
|
2
|
0
|
0
|
———
|
|
Extra copy of Summons where required
|
0
|
2
|
6
|
0
|
2
|
6
|
0
|
2
|
6
|
———
|
|
Instructions for hearing, preparing proofs, and attendance on witnesses
|
1
|
10
|
0
|
2
|
0
|
0
|
2
|
10
|
0
|
Instructions for hearing, preparing proofs, and attendance on witnesses.
|
|
Attending on hearing of Summons
|
2
|
0
|
0
|
2
|
15
|
0
|
4
|
0
|
0
|
Attending on hearing of Summons.
|
|
Entering Judgment
|
0
|
10
|
6
|
0
|
12
|
6
|
0
|
15
|
0
|
Entering Judgment.
|
|
Brief for Counsel (if prepared)
|
0
|
13
|
4
|
1
|
0
|
0
|
1
|
6
|
8
|
Brief for Counsel (if prepared).
|
|
| |
SECTION B.
|
| |
Where the value of the property in question exceeds £100, but does not exceed £300, the costs shall be taxed on the scale of costs obtaining for the time being in the High Court less one-third.
|
| |
SECTION C.
|
| |
Where the value of the property in question exceeds £300 the costs shall be taxed on the scale of costs obtaining for the time being in the High Court less one-fifth.
|
| |
PART VI.—EQUITY COSTS.
|
| |
SECTION " A "
|
| | |
|
LOWER SCALE
Where the value of the personalty and lands does not exceed £200
|
HIGHER SCALE
Where the value of the personalty and lands exceeds £200 but does not exceed £500
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
Instructions for Civil Bill or Defence, advising thereon, taking instructions for hearing, advising proofs and attending and instructing Counsel when employed
|
0
|
15
|
0
|
1
|
15
|
0
|
|
Letter to Defendant before the institution of proceedings
|
0
|
3
|
9
|
0
|
3
|
9
|
|
Drawing Civil Bill or Statement of Defence, and copy for service, and instructing Counsel, when employed
|
0
|
7
|
6
|
0
|
17
|
6
|
|
For each additional copy of Civil Bill for service, when required
|
0
|
2
|
0
|
0
|
2
|
0
|
|
Entering Civil Bill or Defence and attending the hearing, with or without Counsel, and for all charges (save Brief for Counsel) up to the Decree, and taking out same
|
1
|
10
|
0
|
3
|
10
|
0
|
|
BRIEFS, DRAFTS AND COPIES.
|
|
|
|
|
|
|
|
Brief for Counsel of necessary documents : 6d. per folio, but in no case to exceed £1 10s. 0d.
|
|
|
|
|
|
|
|
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 : 6d. per folio
|
|
|
|
|
|
|
|
For copies of all necessary documents used in Court or required by the Judge : 4½d. per folio of 72 words (no such document to be allowed for on taxation unless marked by the Court Registrar as used).
|
|
|
|
|
|
|
|
| |
PART VI.—EQUITY COSTS—continued.
|
| |
SECTION " A "
|
| | |
|
LOWER SCALE
Where the value of the personalty and lands does not exceed £200
|
HIGHER SCALE
Where the value of the personalty and lands exceeds £200 but does not exceed £500
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
COST IN THE OFFICE.
|
|
|
|
|
|
|
|
Fee to the Solicitor for the Plaintiff, Petitioner or party having carriage of the proceedings : In all cases of account or inquiry directed by any Decree or Order to be taken or made before the County Registrar, and in lieu of all other costs and charges incurred between the Primary Decree and the termination of the taking of such account or the making of such inquiry :—
|
|
|
|
|
|
|
|
Where the value of the subject matter of the suit shall not exceed £100
|
3
|
0
|
0
|
|
|
|
|
Where such value shall exceed £100 but shall not exceed £200
|
4
|
10
|
0
|
|
|
|
|
Where such value shall exceed £200 but shall not exceed £500
|
——
|
8
|
10
|
0
|
|
Fee to the Solicitor for the Defendant : In all cases of account or inquiry, directed by a Decree or Order to be taken before the County Registrar and in lieu of all other costs and charges 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 County Registrar shall think reasonable and just not exceeding the allowance to the Plaintiff hereinbefore provided
|
|
|
|
|
|
|
|
Attending with or without Counsel, and, in case of entering the suit for the further consideration, taking out the Decree or Dismiss and for all other charges (save costs in the Office or Brief for Council) up to the conclusion of suit
|
1
|
10
|
0
|
3
|
10
|
0
|
|
When a Receiver is appointed by or under a Decree or Order of the Court:—
|
|
|
|
|
|
|
|
For all costs and charges in relation to the completion of the security and appointment of the Receiver
|
1
|
10
|
0
|
3
|
10
|
0
|
|
For instructions for the account of a Receiver, drawing and preparing same and all attendances to lodge, vouch and pass the same, and the distribution or application of the balance
|
1
|
10
|
0
|
3
|
10
|
0
|
|
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
|
3
|
9
|
0
|
3
|
9
|
|
| |
PART VI.—EQUITY COSTS—continued.
|
| |
SECTION " A "
|
| | |
|
LOWER SCALE
Where the value of the personalty and lands does not exceed £200
|
HIGHER SCALE
Where the value of the personalty and lands exceeds £200 but does not exceed £500
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
Lodgment of money, transfer of Stock or deposit of security in trust to attend the Orders of the Court under the Trustee Acts:—
|
|
|
|
|
|
|
|
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
|
1
|
10
|
0
|
3
|
10
|
0
|
|
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
|
1
|
10
|
0
|
3
|
10
|
0
|
|
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
|
1
|
10
|
0
|
3
|
10
|
0
|
|
For each copy of a Petition to pay out or distribute, actually served, including the Notice of hearing
|
0
|
3
|
9
|
0
|
3
|
9
|
|
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
|
1
|
10
|
0
|
3
|
10
|
0
|
|
For each copy of Petition actually served, including notice of hearing
|
0
|
3
|
9
|
0
|
3
|
9
|
|
Interlocutory applications and attendances:—
|
|
|
|
|
|
|
|
For attending before the Judge on any interlocutory application (and instructing Counsel when employed) when certified by the Judge
|
1
|
1
|
0
|
1
|
1
|
0
|
|
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
|
0
|
7
|
6
|
0
|
15
|
0
|
|
| |
SECTION B.
|
| |
In cases where the value of the personalty and lands exceeds £500 but does not exceed £1,500 the costs shall be taxed on the scale of costs obtaining for the time being in the High Court less one-third.
|
| |
SECTION C.
|
| |
In cases where the value of the personalty and lands exceeds £1,500 the costs shall be taxed on the scale of costs obtaining for the time being in the High Court less one-fifth.
|
| |
PART VII.
|
| |
COSTS IN PROBATE MATTERS AND ACTIONS.
|
| | |
Plaintiff's Costs
|
Where the Annual Value of the lands or the value of the Personalty involved does not exceed :
|
Defendant's Costs
|
|
Annual Value £15 or Personal Estate £200
|
Annual Value £30 or Personal Estate £500
|
Annual Value £45 or Personal Estate £1,000
|
Annual Value £60 or Personal Estate £2,000
|
|
(1)
|
(2)
|
(3)
|
(4)
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
|
Instructions for proceedings, 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
|
2
|
10
|
0
|
4
|
10
|
0
|
6
|
0
|
0
|
7
|
10
|
0
|
Instructions and entering Appearance and drawing Defence, making copies for Court file and for service, and lodgment of copy with County Registrar.
|
|
Extra copy of Civil Bill where more than one Defendant
|
0
|
2
|
6
|
0
|
2
|
6
|
0
|
2
|
6
|
0
|
2
|
6
|
———
|
|
Perusing Defence, Instructions for bearing, preparing proofs and attendance on Witnesses, such sum as the County Registrar may allow, not being less than
|
4
|
15
|
0
|
9
|
0
|
0
|
12
|
0
|
0
|
15
|
0
|
0
|
Instructions for hearing, preparing proofs and attendance on witnesses, such sum as the County Registrar may allow not being less than
|
|
Notice of Trial
|
0
|
10
|
0
|
0
|
10
|
0
|
0
|
10
|
0
|
0
|
10
|
0
|
Notice of Trial (if not served by Plaintiff).
|
|
Attending Court on hearing each day
|
2
|
10
|
0
|
3
|
0
|
0
|
3
|
10
|
0
|
4
|
0
|
0
|
Attending Court on hearing each day.
|
|
Attending when case in list but not reached
|
0
|
10
|
0
|
0
|
15
|
0
|
1
|
0
|
0
|
1
|
10
|
0
|
Attending when case in list but not reached
|
|
Drawing Order and entering Judgment including attendance to have Order signed by County Registrar
|
0
|
15
|
0
|
1
|
0
|
0
|
1
|
5
|
0
|
1
|
10
|
0
|
Drawing Order and entering Judgment including attendance to have Order signed by County Registrar.
|
|
Brief for Counsel (if prepared)
|
1/- per Folio of matter properly included.
|
Brief for Counsel (if prepared).
|
|
| |
PART VIII.
|
| |
RENT RESTRICTIONS ACT, 1946
.
|
| |
In any case under the
Rent Restrictions Act, 1946
, 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
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
|
Instructions and perusing documents and drawing Notice of Application
|
1
|
0
|
0
|
1
|
5
|
0
|
2
|
0
|
0
|
Instructions to oppose application and perusing Notice.
|
|
Engrossing Notice of application and copies thereof and filing for entry
|
0
|
10
|
0
|
0
|
10
|
0
|
0
|
10
|
0
|
Filing for Entry if applicant makes default.
|
|
Preparing proofs and attendance on witness
|
1
|
0
|
0
|
1
|
15
|
0
|
2
|
10
|
0
|
Preparing proofs and attendance on witnesses.
|
|
Brief for Counsel (if prepared)
|
0
|
15
|
0
|
1
|
5
|
0
|
2
|
0
|
0
|
Brief for Counsel (if prepared).
|
|
Attending Court on the hearing
|
1
|
0
|
0
|
2
|
0
|
0
|
3
|
0
|
0
|
Attending Court on the hearing.
|
|
Attending when case in List but not reached
|
0
|
10
|
0
|
0
|
15
|
0
|
1
|
0
|
0
|
Attending when case in List but not reached.
|
|
Drawing Order and entering
|
0
|
10
|
0
|
0
|
10
|
0
|
0
|
10
|
0
|
Drawing Order and entering.
|
|
| |
PART IX.
|
| |
APPLICATIONS 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 10s. 0d. as he may think reasonable to cover all charges, exclusive of outlay.
|
| |
In all cases where the amount of compensation recovered exceeds £5, but not exceed £10, the Judge shall allow such sum not exceeding £2 10s. 0d. 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 £3 10s, 0d. 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)
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
Preparing Preliminary Notice and advising thereon
|
1
|
0
|
0
|
1
|
10
|
0
|
2
|
0
|
0
|
3
|
0
|
0
|
3
|
10
|
0
|
|
Each copy of the Preliminary Notice served
|
0
|
2
|
6
|
0
|
2
|
6
|
0
|
2
|
6
|
0
|
2
|
6
|
0
|
2
|
6
|
|
Preparing and signing Notice of Application to the Court
|
0
|
7
|
6
|
0
|
7
|
6
|
0
|
15
|
0
|
1
|
0
|
0
|
1
|
10
|
0
|
|
Each copy of Notice of Application served
|
0
|
2
|
6
|
0
|
2
|
6
|
0
|
2
|
6
|
0
|
2
|
6
|
0
|
2
|
6
|
|
Instructions, taking particulars of evidence, attendance on witnesses, preparing proofs, such sum as the County Registrar may allow, not being less than
|
1
|
10
|
0
|
2
|
10
|
0
|
3
|
0
|
0
|
6
|
0
|
0
|
10
|
0
|
0
|
|
Attending Court for each day or part of a day of the hearing
|
1
|
6
|
8
|
2
|
0
|
0
|
2
|
10
|
0
|
4
|
0
|
0
|
4
|
0
|
0
|
|
Attending when case in List but not reached
|
0
|
13
|
4
|
0
|
13
|
4
|
1
|
0
|
0
|
1
|
0
|
0
|
1
|
0
|
0
|
|
Attending to hear a reserved Judgment
|
0
|
10
|
0
|
0
|
10
|
0
|
1
|
0
|
0
|
1
|
0
|
0
|
1
|
0
|
0
|
|
Drawing and signing Decree or Order
|
0
|
10
|
0
|
0
|
10
|
0
|
0
|
10
|
0
|
0
|
10
|
0
|
0
|
10
|
0
|
|
Brief for Counsel (if prepared)
|
0
|
13
|
4
|
1
|
0
|
0
|
1
|
10
|
0
|
2
|
0
|
0
|
2
|
10
|
0
|
|
|
|
|
|
|
|
|
Or alternatively
|
|
|
|
|
|
|
|
|
First Copy Brief at 1/- per folio and Second Copy Brief at 6d. per folio.
|
|
| |
(b) RESPONDENTS SOLICITORS.
|
| |
In all cases where the amount of compensation claimed does not exceed £5, the Judge shall allow such sum not exceeding £1 10s. 0d. 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 £2 10s. 0d. as he may think reasonable to cover all charges, exclusive of outlay.
|
| |
In all cases where the amount of compensation claimed exceeds £10, but not exceed £25, the Judge shall allow such sum, not exceeding £3 10s. 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)
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
Instructions for opposing application and devising thereon
|
0
|
10
|
0
|
0
|
15
|
0
|
1
|
0
|
0
|
1
|
5
|
0
|
2
|
0
|
0
|
|
Instructions for hearing, taking particulars of evidence, attendance on witnesses and preparing proofs, such sum as the County Registrar may allow, not being less than
|
1
|
10
|
0
|
2
|
10
|
0
|
5
|
0
|
0
|
6
|
0
|
0
|
10
|
0
|
0
|
|
Attending in Court for each day, or part of a day, of the hearing
|
1
|
6
|
8
|
2
|
0
|
0
|
2
|
10
|
0
|
4
|
0
|
0
|
4
|
0
|
0
|
|
Attending when case in List but not reached
|
0
|
13
|
4
|
0
|
13
|
4
|
1
|
0
|
0
|
1
|
0
|
0
|
1
|
0
|
0
|
|
Attending to hear a reserved judgment
|
0
|
10
|
0
|
0
|
10
|
0
|
1
|
0
|
0
|
1
|
0
|
0
|
1
|
0
|
0
|
|
Drawing and signing any Order of Refusal
|
0
|
10
|
0
|
0
|
10
|
0
|
0
|
10
|
0
|
0
|
10
|
0
|
0
|
10
|
0
|
|
Brief for Counsel (if prepared)
|
0
|
13
|
4
|
1
|
0
|
0
|
1
|
10
|
0
|
2
|
0
|
0
|
2
|
10
|
0
|
|
|
|
|
|
|
|
|
Or alternatively
|
|
|
|
|
|
|
|
|
First Copy Brief at 1/- per folio and Second Copy Brief at 6d. per folio.
|
|
| |
PART X.
|
| |
LANDLORD AND TENANT ACTS, 1931 AND 1943.
|
| |
Costs of applications for new leases.
|
| | |
Applicants 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 Part V of the Act of 1931 :
|
Respondent's Costs
|
|
does not exceed £50 per annum
|
exceeds £50 but does not exceed £100 per anum
|
exceeds £100 but does not exceed £200 per annum
|
exceeds £200 but does not exceed £500 per annum
|
exceeds £500 per annum
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
|
Instructions for and drawing originating notice of motion
|
1
|
15
|
0
|
2
|
5
|
0
|
2
|
5
|
0
|
2
|
5
|
0
|
2
|
5
|
0
|
Instructions to oppose application and drawing answer.
|
|
Engrossing and entering originating notice of motion
|
0
|
10
|
0
|
0
|
15
|
0
|
0
|
15
|
0
|
0
|
15
|
0
|
0
|
15
|
15
|
Engrossing and entering answer.
|
|
Each copy of originating notice of motion where more than one respondent
|
0
|
3
|
0
|
0
|
3
|
0
|
0
|
3
|
3
|
0
|
3
|
0
|
0
|
3
|
0
|
Each copy of answer where more than one applicant.
|
|
Instructions for hearing, 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, such fee as the County Registrar may allow, not being less than
|
4
|
0
|
0
|
5
|
0
|
0
|
0
|
7
|
0
|
10
|
0
|
0
|
12
|
0
|
0
|
Instruction for hearing, 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, such fee as the County Registrar may allow, not being less than
|
|
| |
PART X.—Contd.
|
| | |
Applicants 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 Part V of the Act of 1931 :
|
Respondent's Costs
|
|
does not exceed £50 per annum
|
exceeds £50 but does not exceed £100 per anum
|
exceeds £100 but does not exceed £200 per annum
|
exceeds £200 but does not exceed £500 per annum
|
exceeds £500 per annum
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
|
Brief for Counsel (if prepared)
|
1
|
10
|
0
|
2
|
0
|
0
|
2
|
0
|
0
|
2
|
0
|
0
|
2
|
0
|
0
|
Brief for Counsel (if prepared).
|
|
Attending Court for each day or part of a day of the hearing
|
1
|
10
|
0
|
2
|
0
|
0
|
2
|
0
|
0
|
2
|
0
|
0
|
2
|
0
|
0
|
Attending Court for each day or part of a day of the hearing.
|
|
Attending Court when case in list but not reached.
|
0
|
13
|
4
|
1
|
0
|
0
|
1
|
0
|
0
|
1
|
0
|
0
|
1
|
0
|
0
|
Attending Court when case in list but not reached.
|
|
Attending to hear reserved Judgment
|
0
|
10
|
0
|
0
|
10
|
0
|
0
|
10
|
0
|
0
|
10
|
0
|
0
|
10
|
0
|
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 Poor Law Valuation of the property, the subject matter of the application, had been fixed as the rent or ascertained as the gross rent.
|
| |
PART XI.
|
| |
LANDLORD AND TENANT ACTS, 1931 AND 1943.
|
| |
Costs of applications for compensation for improvements and applications for compensation for disturbance, and all other applications not otherwise provided for.
|
| |
SECTION A.
|
| | |
Applicant's Costs
|
Where the amount of the 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
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
|
Instructions for and drawing originating notice of motion
|
2
|
5
|
0
|
2
|
5
|
0
|
2
|
5
|
0
|
Instructions for and drawing answer.
|
|
Engrossing and entering originating notice of motion
|
|
15
|
0
|
|
15
|
0
|
|
15
|
0
|
Engrossing and entering answer.
|
|
Each extra copy of originating notice of motion where more than respondent
|
|
3
|
0
|
|
3
|
0
|
|
3
|
0
|
Each extra copy of answer where more than one applicant.
|
|
Instructions for hearing, 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, such fees as the County Registrar may allow not being less than
|
1
|
13
|
4
|
2
|
0
|
0
|
3
|
0
|
0
|
Instructions for hearing, 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, such fees as the County Registrar may allow not being less than
|
|
| |
SECTION A.—Contd.
|
| | |
Applicant's Costs
|
Where the amount of the 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
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
|
Brief for Counsel (if prepared) such sum as the County Registrar may allow not being less than
|
|
13
|
4
|
1
|
0
|
0
|
1
|
10
|
0
|
Brief for Counsel (if prepared) such sum as the County Registrar may allow not being less than
|
|
Attending Court when case in list but not reached
|
|
13
|
4
|
|
13
|
4
|
|
13
|
4
|
Attending Court when case in list but not reached
|
|
Attending Court for each day or part of a day of the hearing
|
1
|
6
|
8
|
1
|
10
|
0
|
2
|
0
|
0
|
Attending Court for each day or part of a day of the hearing.
|
|
Attending to hear reserved judgment
|
|
10
|
0
|
|
10
|
0
|
|
10
|
0
|
Attending to hear reserved judgment.
|
|
| |
SECTION B.
|
| |
In cases where the amount of compensation awarded, or in the case of a dismiss, the amount claimed, exceeds £100, costs shall be taxed on the scale of costs obtaining in the High Court for the time being, less one-third, the originating notice of motion being deemed to be an originating plenary summons and the answer being deemed to be a defence, and the County Registrar in taxing the instructions fee shall take into account all work necessarily done, including work done before the issue of the originating notice of motion.
|
| |
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 Poor Law Valuation of the property the subject of the application."
|
| |
PART XII.
|
| |
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 the amount recovered or sued for exceeds £25
|
|
|
(1)
|
(2)
|
(3)
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
For all charges preliminary or incidental to the hearing, and taking out the Order thereon
|
3
|
5
|
0
|
4
|
10
|
0
|
8
|
0
|
0
|
|
Drawing recognizance or attending to lodge money
|
|
5
|
0
|
|
5
|
0
|
|
5
|
0
|
|
Brief for Counsel (if prepared)
|
|
10
|
0
|
|
10
|
0
|
1
|
0
|
0
|
|
| |
Note :—(1) The costs of an Appeal in cases of Summary Jurisdiction of a Civil nature (including cases under the Illegitimate (Affiliation Orders) Act, 1930, and the Married Women (Maintenance in case of Desertion) Act, 1886) shall be allowed under Column (2) hereof.
|
| |
(2) The costs of an Appeal under the Increase of Rent and Mortgage Interest (Restrictions) Acts, 1923 and 1926, and the
Rent Restrictions Act, 1946
, shall be allowed under Column (1) hereof.
|
| |
(3) If an appeal is withdrawn and notice thereof served on the Respondent not less than six days before the day for hearing, the sum of £1 10s. 0d. shall be allowed for costs, and when Column 3 applies the sum allowed shall be £4 10s. 0d.
|
| |
(4) The costs of an appeal in an Ejectment where the rent by the year does not exceed £27 0s. 0d. shall be allowed under Column (2) and where such rent exceeds £27 under Column (3) hereof.
|
| |
PART XIII.
|
| |
MISCELLANEOUS COSTS.
|
| |
The following items 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 XI of this Schedule.
|
| | |
|
£
|
s.
|
d.
|
|
(1) Attendance for the purpose of obtaining a Side Bar Order
|
|
12
|
6
|
|
(2) Attendance in proceedings before the County Registrar where not otherwise provided for
|
|
12
|
6
|
|
(3) Attendance at the Office for the purpose of issuing a Witness Summons
|
|
10
|
0
|
|
(4) Attendance at the Office for issuing or filing any document not otherwise provided for
|
|
10
|
0
|
|
(5) Attendance in Court, not otherwise provided for
|
1
|
5
|
0
|
|
(6) Preparation of brief on ex parte or interlocutory application
|
|
12
|
6
|
|
(7) Drawing affidavits or documents not otherwise provided for, per folio of 72 words
|
|
1
|
3
|
|
(8) Perusing affidavits or documents not otherwise provided for, power folio of 72 words
|
|
0
|
6
|
|
(9) Attending consultation when fee allowed to Counsel for same
|
1
|
5
|
0
|
|
(10) Copies of documents for Judge, where necessary : 6d. per folio
|
|
|
|
|
(11) Attending Counsel to settle Civil Bill or Defence
|
|
7
|
6
|
|
(12) Case for Counsel to advice proofs : 1/- per folio, with minimum
|
1
|
0
|
0
|
|
| |
PART XIV.
|
| |
COUNSEL'S FEES.
|
| |
ACTIONS IN CONTRACT OR TORT.
|
| | |
(i) Fee on Brief:—
|
|
|
|
|
On taxation of a Plaintiff's costs where the amount recovered by the Plaintiff, or on taxation of a Defendant's costs where the amount claimed against the Defendant :—
|
|
|
|
|
|
£
|
s.
|
d.
|
|
(a) does not exceed £25
|
2
|
2
|
0
|
|
(b) exceeds £25 but does not exceed £50
|
3
|
3
|
0
|
|
(c) exceeds £50 but does not exceed £100
|
5
|
5
|
0
|
|
(d) exceeds £100 but does not exceed £150
|
6
|
6
|
0
|
|
(e) exceeds £150 but does not exceed £200
|
7
|
7
|
0
|
|
(f) exceeds £200 but does not exceed £250
|
8
|
8
|
0
|
|
(g) exceeds £250 but does not exceed £300
|
9
|
9
|
0
|
|
(h) exceeds £300 but does not exceed £400
|
10
|
10
|
0
|
|
(i) exceeds £400 but does not exceed £500
|
12
|
12
|
0
|
|
(j) exceeds £500
|
14
|
14
|
0
|
|
(ii) Fee on settling Civil Bill or Defence where the amount recovered, or claimed, as the case may be:—
|
|
|
|
|
(a) does not exceed £100
|
1
|
1
|
0
|
|
(b) exceeds £100 but does not exceed £300
|
2
|
2
|
0
|
|
(c) exceeds £300
|
3
|
3
|
0
|
|
(d) Settling defence and counterclaim where neither exceeds £100
|
2
|
2
|
0
|
|
(e) Settling defence and counterclaim where either exceeds £100 but neither exceeds £300
|
2
|
2
|
0
|
|
(f) Settling defence and counterclaim where the amount claimed or counterclaimed exceeds £300
|
4
|
4
|
0
|
|
(iii) Fee on advising Proofs:—
|
|
|
|
|
(a) Where the amount recovered, or claimed, as the case may be, does not exceed £50, and the Judge at the hearing certifies therefor
|
1
|
1
|
0
|
|
(b) Where the amount recovered, or claimed, as the case may be, exceeds £50, but does not exceed £300
|
2
|
2
|
0
|
|
(c) Where the amount recovered, or claimed, as the case may be, exceeds £300
|
4
|
4
|
0
|
|
(iv) Fee on settling Notice for Particulars or reply thereto, where the amount claimed or recovered as the case may be exceeds £300 where allowed by the Court or on taxation
|
2
|
2
|
0
|
|
EJECTMENTS FOR NON-PAYMENT OF RENT AND OVERHOLDING
|
|
(i) Fee on Brief :—
|
|
|
|
|
|
£
|
s.
|
d.
|
|
(a) where the annual rent does not exceed £27, or the Poor Law Valuation does not exceed £10
|
2
|
2
|
0
|
|
(b) where the annual rent exceeds £27 but does not exceed £50, or the Poor Law Valuation exceeds £10 but does not exceed £20
|
3
|
3
|
0
|
|
(c) where the annual rent exceeds £50, but does not exceed £100, or the Poor Law Valuation exceeds £20 but does not exceed £35
|
4
|
4
|
0
|
|
(d) In any other case
|
5
|
5
|
0
|
|
| | |
(ii) Fee on settling Civil Bill or on settling Defence :—
|
£
|
s.
|
d.
|
|
in cases (a) and (b) above
|
1
|
1
|
0
|
|
in cases (c) and (d) above
|
2
|
2
|
0
|
|
(iii) Fee on advising Proofs, where allowed by the Judge at the hearing
|
2
|
2
|
0
|
|
(iv) Fee on Brief upon an application for Summary Judgment, or for Judgment in default of Appearance or Defence :—
|
|
|
|
|
in cases (a) and (b) above
|
2
|
2
|
0
|
|
in cases (c) and (d) above
|
3
|
3
|
0
|
|
| |
TITLE JURISDICTION.
|
| |
Including Ejectments on the Title, other than Ejectments for Non-payment of Rent or Overholding.
|
| | |
(i) Fee on Brief where the Poor Law Valuation of the lands the subject matter of the action :—
|
|
|
|
|
|
£
|
s.
|
d.
|
|
(a) does not exceed £10
|
3
|
3
|
0
|
|
(b) exceeds £10 but does not exceed £20
|
4
|
4
|
0
|
|
(c) exceeds £20 but does not exceed £40
|
5
|
5
|
0
|
|
(d) exceeds £40
|
6
|
6
|
0
|
|
(ii) Fee on settling Civil Bill, or Defence, or Defence and Counterclaim, where the Poor Law Valuation of the lands the subject matter of the action :—
|
|
|
|
|
(a) does not exceed £20
|
1
|
1
|
0
|
|
(b) exceeds £20
|
2
|
2
|
0
|
|
(iii) Fee on advising Proofs :—
|
|
|
|
|
(a) where the Poor Law Valuation of the lands the subject matter of the action does not exceed £20, and the Judge at the hearing certifies therefor
|
1
|
1
|
0
|
|
(b) where the Poor Law Valuation exceeds £20
|
2
|
2
|
0
|
|
| |
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 land shall be deemed to be 50 times the Poor Law 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.
|
| | |
(a) Where the value of the subject matter (including land) does not exceed£200 :—
|
|
|
|
|
|
£
|
s.
|
d.
|
|
Fee on settling Civil Bill or Defence, or Defence and Counterclaim
|
2
|
2
|
0
|
|
Fee on Brief
|
3
|
3
|
0
|
|
Fee on Motion on Notice
|
2
|
2
|
0
|
|
(b) Where the value of the subject matter (including land) exceeds £200, but does not exceed£500 :—
|
|
|
|
|
Fee on settling Civil Bill or Defence, or Defence and Counterclaim
|
2
|
2
|
0
|
|
Fee on Brief
|
4
|
4
|
0
|
|
Fee on advising Proofs
|
1
|
1
|
0
|
|
Fee on Motion on Notice
|
2
|
2
|
0
|
|
| | |
(c) Where the value of the subject matter (including land) exceeds£500 but does not exceed£1,000 :—
|
|
|
|
|
|
£
|
s.
|
d.
|
|
Fee on Settling Civil Bill or Defence, or Defence and Counterclaim
|
2
|
2
|
0
|
|
Fee on Brief
|
5
|
5
|
0
|
|
Fee on advising Proofs
|
2
|
2
|
0
|
|
Fee on Motion on Notice
|
3
|
3
|
0
|
|
(d) Where the value of the subject matter (including land) exceeds£1,000 but does not exceed£1,500 :—
|
|
|
|
|
Fee on settling Civil Bill or Defence
|
3
|
3
|
0
|
|
Fee on settling Defence and Counterclaim where the value of the subject matter of the Defence or Counterclaim exceeds £1,000 but does not exceed £1,500
|
4
|
4
|
0
|
|
Fee on Brief
|
7
|
7
|
0
|
|
Fee on Brief on hearing on Affidavit
|
5
|
5
|
0
|
|
Fee on advising Proofs
|
3
|
3
|
0
|
|
Fee on Motion on Notice
|
4
|
4
|
0
|
|
Fee on Motion ex parte
|
2
|
2
|
0
|
|
(e) Where the value of the subject matter (including land) exceeds£1,500 :—
|
|
|
|
|
Fee on settling Civil Bill or Defence
|
3
|
3
|
0
|
|
Fee on settling Defence and Counterclaim where value of the subject-matter of the Defence or Counterclaim exceeds £1,500
|
4
|
4
|
0
|
|
Fee on Brief
|
10
|
10
|
0
|
|
Fee on Brief on hearing on Affidavit
|
6
|
6
|
0
|
|
Fee on advising Proofs
|
4
|
4
|
0
|
|
Fee on Motion on Notice
|
4
|
4
|
0
|
|
Fee on Motion ex parte
|
2
|
2
|
0
|
|
(i) In sections (d) and (e) above where the defendant in his defence submits to the Order of the Court—half Brief fees shall be allowed.
|
|
|
|
|
(ii) Consultations in sections (d) and (e)
|
2
|
2
|
0
|
|
| |
PROBATE.
|
| | |
(a) Where the value of the Estate does not exceed£500 :—
|
|
|
|
|
|
£
|
s.
|
d.
|
|
Fee on settling Civil Bill or Defence, or Defence and Counterclaim
|
1
|
1
|
0
|
|
Fee on Brief
|
5
|
5
|
0
|
|
Fee on advising Proofs
|
1
|
1
|
0
|
|
(b) Where the value of the Estate exceeds£500 but does not exceed£1,000 :—
|
|
|
|
|
Fee on settling Civil Bill or Defence, or Defence and Counterclaim
|
2
|
2
|
0
|
|
Fee on Brief
|
8
|
8
|
0
|
|
Fee on advising Proofs
|
2
|
2
|
0
|
|
| | |
(c) Where the value of the Estate exceeds£1,000 but does not exceed£1,500 :—
|
£
|
s.
|
d.
|
|
Fee on settling Civil Bill or Defence
|
3
|
3
|
0
|
|
Fee on settling Defence and Counterclaim
|
4
|
4
|
0
|
|
Fee on Brief
|
10
|
10
|
0
|
|
Fee on advising Proofs
|
3
|
3
|
0
|
|
Fee on drafting Affidavit of Scripts
|
2
|
2
|
0
|
|
(d) Where the value of the Estate exceeds£1,500 :—
|
|
|
|
|
Fee on settling Civil Bill or Defence
|
3
|
3
|
0
|
|
Fee on settling Defence and Counterclaim
|
4
|
4
|
0
|
|
Fee on Brief
|
12
|
12
|
0
|
|
Fee on advising Proofs
|
4
|
4
|
0
|
|
Consultation in (a) and (b) above
|
2
|
2
|
0
|
|
Fee on drafting Affidavits referred to in Order 34, Rule 12 (in sections (a) and (b) above) :—
|
|
|
|
|
Each Affidavit
|
1
|
1
|
0
|
|
Or if allowed on taxation
|
2
|
2
|
0
|
|
| |
APPLICATIONS UNDER THE
RENT RESTRICTIONS ACT, 1946
.
|
| |
Such fee, not less than £2 2s. 0d., as may be allowed on taxation.
|
| |
DISTRICT COURT APPEALS.
|
| | |
(a) In any defended case of Contract or Tort :—
|
|
|
|
|
|
£
|
s.
|
d.
|
|
(i) where the amount recovered or claimed does not exceed £5 and the Judge at the hearing certifies that the question of law involved made it reasonable to brief Counsel
|
1
|
1
|
0
|
|
(ii) where the amount recovered or claimed exceeds £5 but does not exceed £15
|
1
|
1
|
0
|
|
(iii) where the amount recovered or claimed exceeds £15, but does not exceed £25
|
2
|
2
|
0
|
|
(b) In any defended Ejectment for Overholding or Non-payment of Rent
|
2
|
2
|
0
|
|
| |
WORKMEN'S COMPENSATION ACTS.
|
| | |
|
£
|
s.
|
d.
|
|
(1) On application ex parte
|
1
|
1
|
0
|
|
(2) On hearing of Motion on Notice
|
2
|
2
|
0
|
|
(3) On hearing of Originating Summons
|
4
|
4
|
0
|
|
(4) On hearing of Summons to review or redeem
|
4
|
4
|
0
|
|
(5) On hearing at which liability of a third party is determined
|
4
|
4
|
0
|
|
(6) Settling Originating Summons or Statement of Defence
|
1
|
1
|
0
|
|
(7) Fee on advising Proofs if allowed by the Judge at the hearing
|
2
|
2
|
0
|
|
(8) Where allowed by the Judge on any adjournment
|
1
|
1
|
0
|
|
(9) Consultation :—In any case in which Counsel certifies that he directed and held a Consultation and that the same was necessary, unless disallowed by the Judge or on taxation
|
2
|
2
|
0
|
|
| |
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 :—
|
£
|
s.
|
d.
|
|
(a) does not exceed £10
|
1
|
1
|
0
|
|
(b) exceeds £10 but does not exceed £25
|
2
|
2
|
0
|
|
(c) exceeds £25 but does not exceed £50
|
3
|
3
|
0
|
|
(d) exceeds £50 but does not exceed £100
|
4
|
4
|
0
|
|
(e) exceeds £100 but does not exceed £250
|
5
|
5
|
0
|
|
(f) exceeds £250 but does not exceed £500
|
6
|
6
|
0
|
|
(g) exceeds £500 but does not exceed £1,000
|
7
|
7
|
0
|
|
(h) exceeds £1,000 but does not exceed £2,000
|
10
|
10
|
0
|
|
(i) in cases exceeding £2,000 such increased fee (if any) as the Judge at the hearing shall allow.
|
|
|
|
|
(ii) Fee on advising Proofs :—
|
|
|
|
|
(a) where the amount recovered, or claimed, as the case may be, exceeds £50 but does not exceed £100, and the Judge at the hearing certifies therefor
|
1
|
1
|
0
|
|
(b) where the amount exceeds £100 and does not exceed £1,000, and the Judge at the hearing certifies therefor
|
2
|
2
|
0
|
|
(c) where the amount exceeds £1,000, and the Judge at the hearing certifies therefor
|
3
|
3
|
0
|
|
(iii) Consultation :—
|
|
|
|
|
|
£
|
s.
|
d.
|
|
In cases where the amount recovered, or claimed, as the case may be, exceeds £50, and the Judge at the hearing certifies therefor
|
2
|
2
|
0
|
|
| |
LANDLORD AND TENANT ACTS, 1931 AND 1943.
|
| |
A.—APPLICATIONS 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, or the gross rent as so agreed or ascertained by the Court under Part V of the Act of 1931. 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 Poor Law Valuation shall be deemed to be the rent.
|
| | |
(i) Fee on Settling Notice of Application to Court or Notice of Dispute :
|
£
|
s.
|
d.
|
|
(a) Where the rent does not exceed £50
|
1
|
1
|
0
|
|
(b) Where the rent exceeds £50
|
2
|
2
|
0
|
|
(ii) Fee on advising Proofs :Such fee not less than £2 2s. 0d. as may be allowed on taxation.
|
|
|
|
|
(iii) Fee on Brief :Where the rent :—
|
|
|
|
|
(a) does not exceed £50
|
3
|
3
|
0
|
|
(b) exceeds £50 but does not exceed £100
|
5
|
5
|
0
|
|
(c) exceeds £100 but does not exceed £200
|
8
|
8
|
0
|
|
(d) exceeds £200 but does not exceed £500
|
12
|
12
|
0
|
|
(e) exceeds £500 : such greater fee as may be allowed on taxation.
|
|
|
|
|
(iv) Fee on Consultation
|
2
|
2
|
0
|
|
| |
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 Poor Law Valuation of the property the subject of the application shall be deemed to be the sum claimed for the purpose of this scale of fees.
|
| | |
(i) Fee on settling Notice of Application to Court or Notice of Dispute :
|
£
|
s.
|
d.
|
|
(a) Where the sum claimed does not exceed £100
|
1
|
1
|
0
|
|
(b) Where the sum claimed exceeds £100
|
2
|
2
|
0
|
|
(ii) Fee on advising Proofs :
|
|
|
|
|
(a) Where the sum claimed exceeds £50 but does not exceed £100 and the Judge at the hearing certifies therefor
|
1
|
1
|
0
|
|
(b) Where the sum claimed exceeds £100 and does not exceed £1,000 and the Judge at the hearing certifies therefor
|
2
|
2
|
0
|
|
(c) Where the sum claimed exceeds £1,000 and the Judge at the hearing certifies therefor
|
3
|
3
|
0
|
|
(iii) Fee on Brief :Where the sum claimed :—
|
|
|
|
|
(a) does not exceed £10
|
1
|
1
|
0
|
|
(b) exceeds £10 but does not exceed £25
|
2
|
2
|
0
|
|
(c) exceeds £25 but does not exceed £50
|
3
|
3
|
0
|
|
(d) exceeds £50 but does not exceed £100
|
4
|
4
|
0
|
|
(e) exceeds £100 but does not exceed £250
|
5
|
5
|
0
|
|
(f) exceeds £250 but does not exceed £500
|
6
|
6
|
0
|
|
(g) exceeds £500 but does not exceed £1,000
|
7
|
7
|
0
|
|
(h) exceeds £1,000 but does not exceed £2,000
|
10
|
10
|
0
|
|
Where the sum claimed exceeds £2,000 such increased fee (if any) as the Judge at the hearing shall allow.
|
|
|
|
|
(iv) Consultation :
|
|
|
|
|
Where the sum claimed exceeds £50 and the Judge at the hearing certifies therefor
|
2
|
2
|
0
|
|
| |
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 this Schedule where the same is applicable.
|
| |
(2) In any case of unusual difficulty or importance the Judge at the hearing may allow to Counsel such increased fees (save in respect of Consultation) as to him seem right.
|
| |
(3) Save where otherwise provided :—
|
| | |
|
£
|
s.
|
d.
|
|
(i) Fee on Consultation in cases where the amount recovered claimed or involved, as the case may be, exceeds £50 and Counsel certifies that he directed the same, that it was held and that it was necessary
|
2
|
2
|
0
|
|
(ii) Settling Notice of Motion, if allowed on taxation
|
1
|
1
|
0
|
|
(iii) Settling Affidavit, if allowed on taxation
|
1
|
1
|
0
|
|
(iv) Ex parte Application
|
1
|
1
|
0
|
|
(v) Brief on Motion on Notice (including motion for Judgment in default of appearance or defence)
|
2
|
2
|
0
|
|
| |
(4) In any case in which a fee for consultation is not elsewhere provided for in these Rules, a fee for consultation, not exceeding £2 2s. 0d., may be allowed to Counsel by the Judge at the hearing.
|
| |
(5) Refreshers :—Such fee (if any) as may be allowed by the Judge at the hearing or on taxation.
|
| |
(6) 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 a Defendant's costs where the amount claimed against the Defendant, exceeds £100 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.
|
