S.I. No. 27/1971 - The Rules of the Superior Courts (No. 3), 1970.


S.I. No. 27 of 1971.

THE RULES OF THE SUPERIOR COURTS (NO. 3), 1970.

We, the Superior Court Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act, 1936 , section 67, and reconstituted pursuant to the provisions of the Courts of Justice Act, 1953 , section 15, by virtue of the powers conferred upon us by the Courts of Justice Act, 1924 , section 36, and the Courts of Justice Act, 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act, 1961 , section 48) and the Courts (Supplemental Provisions) Act, 1961 , section 14, and of all other powers enabling us in this behalf, do hereby make the annexed Rules of Court.

Dated this 11th day of December, 1970.

Cearbhall Ó Dálaigh

Ralph J. Walker

Aindrias Ó Caoimh

Thomas O'Reilly

Brian Walsh

John Kenny

John O'Leary

Weldon R. C. Parke

Frank Martin

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

Dated this 26th day of January, 1971.

DESMOND O'MALLEY,

Aire Dlí agus Cirt.

RULES OF THE SUPERIOR COURTS (NO. 3), 1970.

1. Appendix W shall be deleted and the Appendix set forth in the Schedule hereto substituted therefor.

2. Order 99, rule 13 (1), shall be deleted and the following substituted therefor:—

"(1) The scale of costs contained in Appendix W, Parts I, II and VI, together with the notes and general provisions contained therein shall apply to the taxation of all costs incurred in relation to contentious business".

3. Order 99, rule 30 (5), shall be deleted and the following substituted therefor:—

"(5) Bills of costs are to be prepared with six separate columns:

(a) the first or left hand column for dates;

(b) the second for the numbers of the items;

(c) the third for the particulars of the services charged for;

(d) the fourth for disbursements;

(e) the fifth for the professional charges; and

(f) the sixth for the Taxing Master's deductions,"

4. Order 99, rule 39, shall be deleted and the following substituted therefor:—

"39. In all cases of judgement by default of appearance for a liquidated demand, where the Plaintiff is entitled to costs, there shall be added to the principal sum for which such judgement is marked the respective sums for costs set out in Appendix W, Part III."

5. Order 99, rule 49, shall be deleted and the following substituted therefor:—

"47. In non-contentious probate matters, the costs and fees to be allowed shall be those set forth in Appendix W, Part IV."

6. Order 99, rule 50, shall be deleted and the following substituted therefor:—

"50. The costs and fees payable to solicitors in respect of proceedings in bankruptcy shall, subject to the provisions of the Irish Bankrupt and Insolvent Act, 1857, section 375, be those prescribed in Appendix W, Part V. The scale of charges in Appendix W, Part V, shall apply in the case of messengers, auctioneers, brokers and accountants in all such proceedings."

7. Where, in the Rules of the Superior Courts there is a reference to a guinea, such reference shall be construed as its equivalent in decimal currency.

8. These Rules shall come into operation on the 15th day of February, 1971.

9. These Rules shall be construed together with the Rules of the Superior Courts and may be cited as the Rules of the Superior Courts (No. 3) of 1970.

SCHEDULE.

APPENDIX W.

COSTS.

PART 1.

(1) INSTITUTION OF PROCEEDINGS.

Item

0–99, r. 13 (1)

1. Drawing instructions to counsel to advise as to institution of proceedings

£1·12

to

£5·60

2. Drawing, issuing, filing and service on one party of originating summons, petition, originating notice of motion or third party notice (excluding attendance on counsel)

£2·80

to

£11·20

3. Issue and service on one party of concurrent originating summons

£0·84

Note to items 1 and 2:

—References in these items to service on one party of an originating summons shall, in relation to a summons in an admiralty action in rem, be construed as reference to service of the summons on a ship.

4. Renewing originating summons issued—

(a) in an admiralty action

(b) in any other action

including drawing and filing affidavit, attending on application for renewal and obtaining order.

£6·72

£2·24

5. Drawing, issuing, filing and service on one party of notice of motion (other than an originating motion)

£1·40

to

£5·60

6. Drawing, filing and service on one party of notice of appeal or case stated (subject to Order 99, rule 47)

Discretionary

7. Drawing, filing and delivery to one party of statement of claim, defence (and counterclaim), answer to petition, reply, or other pleading

£1·68

to

£7·84

8. Drawing, filing and delivery to one party or particulars of pleading and drawing and delivery to one party of request for such particulars

£1·12

to

£5·60

9. Drawing and filing of preliminary act, or declaration of insolvency, drawing notice of filing and service on one party of such notice

Discretionary

10. Drawing amendment of document referred to in item 2 or 7, and service on or delivery to, one party of amended document

£1·12

to

£3·36

11. Drawing notice of originating summons or intimation of issue of process, for service out of the jurisdiction

£0·84

12. Drawing any document, attending on any application, and doing any other work necessary to obtain—

Item

(a) order for substituted service of any document;

(b) order giving leave to serve any document out of the jurisdiction;

(c) any other ex parte order, whether preliminary to or in the course of the proceedings, not otherwise provided for under any other item and obtaining order

Discretionary

(d) a citation and obtaining order

£2·24

(2) DISCOVERY AND INSPECTION.

13. Drawing, filing and service of—

(a) affidavit of documents or list of documents, or

£3·36

to

£8·96

(b) interrogatories for examination of a party, or

(c) affidavit in answer to interrogatories

(3) PREPARATION FOR TRIAL, &c.

14. Drawing and issue of order or notice of subpoena for any number of persons not exceeding three and the same for every addition number not exceeding three—

ad testificandum

£0·70

duces tecum

£0·84

15. Drawing and service of notice-

(a) to produce for inspection document referred to in pleading or affidavit

£0·84

(b) to produce document at trial or hearing

£0·84

(c) to admit any document or fact

£0·84

16. Instructions for trial or hearing of any cause or matter, petition or motion, whatever the mode of trial or hearing (including the taking of accounts or making of inquiries)

Discretionary

17. Instructions for appeal from an interlocutory or final order or judgement

Discretionary

Notes to items 16 and 17:

These items are intended to cover the doing of any work, not otherwise provided for, necessarily or properly done in preparing for a trial, hearing or appeal, or before a settlement of the matters in dispute, including:–

(a) taking instructions to sue, defend, counter-claim or appeal, or for any pleading, particulars of pleading, affidavit, preliminary act or a reference under Order 64, rule 46;

(b) considering the facts and law;

(c) attending on and corresponding with client;

(d) interviewing and corresponding with witnesses and potential witnesses and taking proofs of their evidence;

(e) arranging to obtain reports or advice from experts and plans, photographs and models;

(f) making search in Public Record Office and elsewhere for relevant documents;

(g) inspecting any property or place material to the proceedings;

(h) perusing pleadings, affidavits and other relevant documents;

(i) where the cause or matter does not proceed to trial or hearing, work done in connection with the negotiation of a settlement; and

(j) the general care and conduct of the proceedings.

18. Drawing instructions to counsel to advise in writing or in consultation

£1·12

to

£5·60

19. Attending counsel in consultation

For each half hour beyond the first hour

£2·80

£1·12

Note:—This item includes attending to make appointment for consultation.

20. Drawing brief with observations to counsel and proofs of evidence, per folio

£0·10

21. Attending to obtain appointment to examine witness and on examination of witness before any commissioner, officer of the court or other person appointed to examine him, for each day of examination.

£4·48

to

£13·44

Note:—The solicitor shall also be allowed travelling expenses reasonably incurred by him.

22. Attending to obtain fiat of the Attorney General, where required

£1·12

(4) TRIAL OR HEARING.

23. Attending sittings within 20 miles of the place where the solicitor practices, for purposes of—

(a) trial or hearing of a cause, matter or appeal for each day

£1·68

to

£5·60

(i) on which cause, matter or appeal is included in list to be tried or heard, but is not begun

£3·36

to

£13·44

(ii) of trial or hearing

(b) hearing reserved judgement

£1·12

to

£3·36

24. Attending at sittings elsewhere for any purpose mentioned in item 23 for each day (except Sunday) on which solicitor is necessarily absent from his office.

£8·96

to

£13·44

Notes to items 23 and 24:

(a) If the solicitor has to attend on more than one hearing or trial at the same time and place, the expense shall in such case be reasonably divided.

(b) the solicitor shall also be allowed travelling and out of pocket expenses reasonably incurred by him;

(c) these items do not relate to the attendance mentioned in item 26.

25. Attending to enter or bespeak order or judgement ..

£0·84

26. Attending hearing of summary or special summons or motion before the Court, for each day.

£1·68

to

£13·44

27. Attending to obtain appointment for hearing before the Master, the Examiner, or a Registrar, or to vouch publication of advertisement or any necessary service

£0·84

28. Attending to deliver papers required for the use of a Judge, the Master, the Examiner or a Registrar

£0·84

29. Attending the Examiner or a Registrar to bespeak (where necessary) and settle draft order.

£1·68

to

£6·72

(5) TAXATION.

30. Drawing and engrossing bill of costs, including copy for Taxing Master and one copy for service, per folio

£0·11

31. Lodging and serving bill of costs and issuing, serving and filing notice to tax

£2·24

32. Attending taxation, completing bills, vouching, completing affidavit of tots and certificate of taxation.

£1·96

to

£10·08

33. Drawing objections to decision of Taxing Master, or answer to objections, including copies for service and filing; delivery to one party of such objections or answers and attending hearing or review by Taxing Master—if objections sustained

Discretionary

(6) EXECUTION.

34. (a) Drawing and attending to obtain issue of order of fieri facian capias, clegit, sequestration or attachment, any subsequent order for giving effect thereto and any other order to enforce a judgement or order

£1·12

(b) Copies of any such order (where necessary) per folio

£0·04

35. (a) Drawing notice of renewal of order of execution

£0·84

(b) Procuring renewal of order of execution

£0·84

(7) ATTENDANCES.

36. To obtain—

(a) consent of person to act as next friend or guardian ad litem and consent or approval of any other interested party

£1·40

to

£3·36

(b) any other consent

£0·84

to

£3·36

Note:—This item includes drawing the form of consent or approval.

37. To give consent or sign admission

£0·84

38. (a) to enter appearance and give notice thereof

£1·12

(b) If appearance entered for more than one person at the same time, for each additional person

£0·11

39. To obtain any certificate from the Central Office or other office of the High Court or Supreme Court

£0·84

40. To register a judgement, order, bond lis pendens or recognisance

£2·58

41. To vacate a recognisance or enter satisfaction of a judgement (over and above outlay)

£3·08

42. At the Central Office or other office of the High Court or Supreme Court, Registry of Deeds, Land Registry or other public office, to file, search for or bespeak any document including a certificate of the result of any search (not covered by any other item)

£0·84

43. To set down for trial or hearing

£0·84

44. On the appropriate officer to inform him that a cause or matter set down for trial or hearing is settled and may be listed accordingly

£0·84

45. On a deponent swearing, or by solicitor or clerk deposing to, any affidavit other than an affidavit of service

£0·84

46. (a) to search for and obtain a certificate of birth, marriage or death

£0·84

(b) For every certificate in excess of three obtained at the same time

£0·28

47. To make a general search for certificates of birth, marriage or death, per hour

£1·68

48. On printer to insert advertisement in Iris Oifigiúil or other paper, for each publication

£0·84

49. (a) On counsel with brief, case for written opinion or instructions to settle any document

£0·84

(b) or where counsel's fee is 21 pounds or more

£1·68

50. To lodge a notice or other document in the Central Office for transmission not otherwise provided for

£0·84

51. At the Bank or Ireland and Accountant's Office, on lodgment of money with a pleading or under order or direction of the Court

£1·68

52. On transfer of stocks or securities in or out of Court under any order or direction of the Court.

£1·40

to

£22·40

53. On transfer of any Government or other stock under power of attorney, for each such transfer.

£1·12

to

£3·36

54. To obtain draft for payment of cash under in order and payment to payee, for each draft

£1·12

Note:—The total fee for drafts obtained under the same order shall not exceed

£11·20

55. To bespeak and procure certificate of funds or copy of Accountant's account

£0·84

56. On the Accountant and the Bank of Ireland for the purpose of depositing effects with the Bank

£1·40

57. Necessary and proper attendances not provided for or allowed under any other item.

£0·84

to

£5·60

Note:—The solicitor shall also be allowed reasonable travelling expenses actually incurred.

(8) DRAWING DOCUMENTS NOT OTHERWISE PROVIDED FOR.

Item

58. Affidavit of service or other formal affidavit .. ..

£1·68

Note:—This item includes engrossing affidavit, attending to have it sworn and to file it.

59. Affidavit (other than affidavit of service, or other formal affidavit), consent, undertaking admission or other similar documents, per folio

£0·11

60. Preparation for marking by commissioner for oaths of exhibit to affidavit for each exhibit

£0·17

61. Advertisement for Iris Oifigiúil or newspaper or other advertisement to be approved by the Examiner or a Registrar

£0·84

Note:—This item includes attending to obtain approval.

62. Accounts, statements and other documents required for use in court, per folio

£0·11

63. Pedigree, for each completed ring

£0·11

64. Drawing, issuing, filing and service on one party of—

(a) notice to proceed under a Judgement or order (to include transmission if required)

£1·40

(b) other notices issued, by direction of the Court, a Taxing Master or Registrar.

£1·40

to

£3·36

65. Drawing motion docket on ex parte application to the Master

£0·42

66. Drawing notice of setting down of summons before the Master

£0·56

67. Drawing notice for Iris Oifigiúil or newspaper to a corporation or public body, of issuing of a summons

£0·70

68. Drawing and engrossing recognizance

£1·40

69. Drawing and engrossing satisfaction piece and affidavit

£0·98

70. Drawing or filling up a notice to a creditor requiring him to prove his claim

£0·08

71. Drawing any notice or document not otherwise provided for

Discretionary

(9) COPIES

72. Copy of document:—

(a) typewritten or manuscript copy, per folio

£0·06

(b) carbon copy, per folio

£0·03

(c) copy printed or reproduced by photographic or other means

Discretionary

73. Examining and correcting proof print, per folio

£0·02

(10) LETTERS, & c.

74. (a) Writing, signing and entering letters or telegrams not exceeding one folio

£0·42

Exceeding one folio

£0·56

(b) If several letters or circular of the same import

For the first

£0·34

For each subsequent letter or circular

£0·34

£0·11

(c) Carbon copy of letter to send

£0·14

75. Messages and telephone calls not provided for or allowed under any other item

Discretionary

(11) PERUSALS.

76. Perusing draft certificate, report, scheme or like document submitted for approval or examination by solicitor

£1·12

to

£5·60

77. Perusing any document not provided for or allowed under any other item, per folio

£0·06

78. Examining, where necessary, claims under Order 55, Part VI:

(a) where the number does not exceed five

£0·70

(b) for each additional five

£0·70

(12) SERVICE.

79. Where more than one attendance is necessary to effect service on, or delivery to, one party of any summons, petition, pleading or notice; or where service is effected within the jurisdiction otherwise than by personal service or by post, or is effected out of the jurisdiction

Discretionary

80. Where a summons, petition, pleading or notice is required to be served on, or delivered to, more than one person, service on, or delivery to, each additional person—

(a) if required to be served personally or delivered

£0·56

to

£1·68

(b) if service by post authorised

£0·28

81. Service or delivery of any document, not provided for or allowed under any other item—

(a) if required to be served personally or delivered

£0·70

(b) if service by post authorised

£0·28

In addition to the amount allowed under paragraph (a) of this item, a mileage allowance in respect of each mile after the first two miles between the place at which service or delivery is effected and the nearest place of business of the solicitor effecting it

£0·11

PART II.

0.99, r. 36 (1)

SHORTHAND WRITERS.

1. Taking a note of evidence :

for each day engaged

if engaged after 4 p.m. for each successive period of 2 hours or part thereof, an additional

£5·25

£2·10

2. Transcript of evidence for appeal:

for copy (certified by the shorthand writer) to be lodged in Court and a carbon copy for the applicant's solicitor (inclusive fee for both copies) per folio

£0·07

for certified copy for respondent's solicitor, per folio

£0·04

for additional copies, per folio

£0·01

3. Transcript required by the Court or any party to be furnished on the morning after the note has been taken:

for certified copy and 2 carbon copies, per folio

£0·23

for additional copies, per folio

£0·02

PART III.

COSTS OF JUDGMENT IN DEFAULT OF APPEARANCE

0.99, r. 39.

(1) DISTRICT COURT JURISDICTION.

Ordinary Costs

Special Costs*

Not exceeding

£2

£1·68

£1·62

Exceeding £2

"

£5

£2·30

£2·21

"

£5

"

£10

£2·58

£2·49

"

£10

"

£25

£3·39

£4·00

"

£25

"

£50

£4·82

£4·82

Add £0·28 for each additional defendant served.

No registration fees or costs allowable where amount sued for comes within District Court Jurisdiction.

*Where defendant resides or carries on business in Dublin, Cork, Limerick or Waterford Cities.

(2) CIRCUIT COURT JURISDICTION.

Exceeding

£50

Not exceeding

£75

£10·00

These figures include

"

£75

"

£100

£10·84

Costs of execution

£0·92

"

£100

"

£300

£12·24

"

£300

"

£400

£13·64

Costs of Registration

£2·66

"

£400

"

£500

£15·04

"

£500

£16·16

Total

£3·58

Add stamps duty on the actual amount for which judgement is entered.

Up to but not including

£75:

:£0·28

"

£100:

:£0·39

"

£125:

:£0·50

"

£150:

:£0·62

"

£175:

:£0·73

"

£200:

:£0·84

"

£225:

£0·95

"

£250:

:£1·06

"

£275:

:£1·18

"

£300:

:£1·29

£300 and over :

:£1·40

Add £0·42 for each additional defendant served at a place other than at the same residence as that of the other defendant or defendants.

Add £0·98 to costs of registration for each additional defendant (maximum costs £17·11).

(3) HIGH COURT JURISDICTION.

Served in

Dublin City

Dublin County

Elsewhere

R.S.C. (No. l), 1971.

£22·90

£23·25

£23·60

Add for each additional defendant

£2·38

£2·73

£3·08

The above figures include:

Costs of execution

£1·47

Costs of registration

£3·22

Total

£4·69

PART IV.

NON-CONTENTIOUS PROBATE MATTERS

O0. 99 r. 47,

(1) PROBATES.

Effects sworn under

Oath of executor and attendance on the party being sworn

Affidavit for Revenue purposes and attendance on the party being sworn

Probate under seal

Extracting

£

£

£

£

£

5

0·39

0·39

0·17

0·17

20

0·39

0·39

0·17

0·67

100

0·78

0·78

0·17

1·34

200

1·06

1·06

0·45

1·34

300

/images/si027y71p0027b.gif

1·18

1·34

450

1·90

1·34

600

2·58

1·34

800

3·53

1·34

1,000

5·10

1·34

1,500

7·06

1·85

2,000

9·41

1·85

3,000

11·82

2·86

4,000

14·17

2·86

5,000

14·95

/images/si027y71p0027b.gif

6,000

15·74

7,000

16·52

8,000

17·30

9,000

18·09

10,000

18·87

12,000

19·66

14,000

20·44

16,000

21·62

18,000

1·57

1·57

22·79

3·25

20,000

23·97

25,000

25·59

30,000

27·55

35,000

29·51

40,000

32·48

45,000

35·39

60,000

38·36

50,000

41·33

70,000

47·21

80,000

53·14

90,000

59·02

100,000

64·96

120,000

67·87

140,000

72·80

160,000

79·69

5·26

180,000

85·62

200,000

91·50

250,000

97·44

300,000

112·00

350,000

127·51

400,000

131·88

500,000

136·81

And for every additional £100,000 or any fractional part of £100,000 under which the personal estate is sworn, in addition to the above fees, a further fee, for probate under seal of ..

£9·80

Instructions for grant and work under the Finance Acts, such sum as may be fair and reasonable, having regard to all the circumstances including:–

(a) the complexity, importance, difficulty, rarity, or urgency of the question raised;

(b) the value of the property passing or deemed to pass on the death;

(c) the amount of duty involved;

(d) the importance of the matter to be beneficiaries;

(e) the skill, labour and responsibility involved therein and an specialised knowledge given or applied on the part of the solicitor;

(f) the number and importance of any documents perused;

(g) the place where and the circumstances in which the business or any part thereof is transacted and

(h) the time reasonably expended thereon.

For engrossing and collating the will, if not exceeding three folios including parchment .. .. .. .. ..

£0·056

if exceeding three folios per folio, including parchment ..

£0·17

When there are two or more executors, any they are not sworn at the same time for each attendance after first on their being sworn to oath and affidavit:—

If the effects are sworn at less than £20 .. ..

£0·39

If the effects are sworn at less than £100 .. ..

£0·78

If the effects are sworn at £100 or upwards .. ..

£1·01

In addition to the foregoing fees, there is to be allowed for attending to pay the stamp duty, if the effects are sworn at less than £300 a fee of .. .. .. .. .. ..

£1·01

If sworn at £300 or upwards, a fee of .. .. .. ..

£2·07

(2) LETTERS OF ADMINISTRATION WITH WILL ANNEXED.

In addition to the fees in section (1) for preparing and attendance on the execution of the bond, if the effects are :

Under £20 .. .. .. .. .. ..

£0·39

£20 or under £100 .. .. .. .. ..

£1·01

£100 or upwards .. .. .. .. ..

£1·57

The engrossing and collating a will or codicil for a grant of probate or letters of administration with the will annexed, when there are pencil marks in the will or codocil, or when the will or codicil is to be registered facsimile in addition to any other fee for engrossing or collating the same:

If the pencil marks in the will or codicil or in the par of parts thereof to be registered facsimile are two folios, or under .. .. .. .. .. .. .. ..

£0·11

If exceeding two folios, for every additional folio or part of a folio .. .. .. .. .. .. .. ..

£0·06

(3) LETTERS OF ADMINISTRATION INTESTATE.

Effects sworn under

Oath of administrator and attendance on his being sworn and on execution of the bond

Affidavit for Revenue purposes and attendance on the administrator being sworn

Letters of Administration under seal

Extracting

£

£

£

£

£

5

0·39

0·39

0·17

0·17

20

0·50

0·39

0·17

0·67

50

0·78

0·78

0·22

100

1·40

1·40

0·45

1·34

200

1·57

1·40

0·67

1·34

300

/images/si027y71p0031a.gif

1—90

1·34

450

2·58

1·34

600

3·53

1·34

800

5·10

1·34

1,000

7·06

1·34

1,500

10·64

1·34

2,000

14·17

2·86

3,000

14·73

/images/si027y71p0031c.gif

4,000

15·34

5,000

16·52

6,000

17·70

7,000

18·87

8,000

20·05

9,000

21·28

10,000

22·40

12,000

23·58

14,000

2·07

1·57

24·81

3·25

16,000

26·54

18,000

28·34

20,000

30·07

25,000

32·48

30,000

35·39

35,000

38·36

40,000

42·73

45,000

47·21

50,000

51·58

60,000

56·11

70,000

64·96

80,000

73·92

90,000

82·66

100,000

91·50

120,000

95·98

140,000

104·83

5·26

160,000

112·56

180,000

122·53

200,000

131·48

250,000

140·28

300,000

147·62

350,000

155·01

400,000

162·40

500,000

169·79

And for every additional £100,000, or any fractional part of £100,000 under which the personal estate is sworn in addition to the above fees, a further fee, for letters of administration under seal .. .. .. .. .. .. .. ..

£14·73

When there are two or more administrators, and they are not sworn at the same time, for each attendance after the first on their being sworn to oath, and affidavit to include attendance on execution of the bond:—

If the effects are under £20 .. .. .. ..

£0·39

If the effects are £20 or under £100 .. .. ..

£0·78

If the effects are £100 or upwards .. .. ..

£1·57

In addition to the above fees, or preparing bond, if the effects are:—

Under £20 .. .. .. .. .. ..

£0·28

£20 and under £50 .. .. .. .. ..

£0·50

£50 and under £100 .. .. .. .. ..

£0·78

£100 and upwards .. .. .. .. ..

£1·01

In addition to the foregoing fees, there is to be allowed for attending to pay the stamp duty, same as for probate.

For instructions for grant and work under the Finance Acts as in the case of Probates.

(4) DOUBLE OR CESSATE PROBATE.

If the effects are sworn under

Attendance in the Probate office and looking up the will and bespeaking the engrossment

Oath of the executor and attendance on his being sworn

Affidavit for Revenue purposes and attendance on the executor being sworn

Drawing and copying statement in support of application for the duty-paid stamp

Double or cessate probate under seal

Extracting

£

£

£

£

£

£

£

5

0·50

0·39

0·26

0·17

0·17

20

0·50

0·39

0·26

0·17

0·73

100

1·01

0·78

0·53

1·01

0·17

1·34

200

1·01

1·01

0·70

1·01

0·45

1·34

300

1·01

1·57

1·05

1·01

1·18

1·34

450

1·01

1·57

1·05

1·01

1·90

1·34

600

1·01

1·57

1·05

1·57

1·96

1·34

800

1·01

1·57

1·05

1·57

1·96

1·34

1,000

1·01

1·57

1·05

1·57

1·96

1·34

1,500

1·01

1·57

1·05

1·57

1·96

1·79

2,000

1·01

1·57

1·05

1·57

1·96

1·79

3,000

1·01

1·57

1·05

1·57

1·96

2·86

4,000

1·01

1·57

1·05

1·57

1·96

2·86

5,000

1·01

1·57

1·05

1·57

1·96

2·86

If £5,000 or upwards: The fees to be taken are the same as above, except the extracting fee, which if the effects are of the value of £70,000 or upwards , is ... ... ...

£5·38

The above fee for drawing and copying the statement in support of an application for the duty-paid stamp is to be taken when the statement is five folios or under. If the statement exceeds five folios, for each additional folio ... ...

£0·22

Instructions—same as for Probates.

When there are two or more executors to be sworn, and they are not sworn at the same time, for each attendance, after the first on their being sworn, the same fee as on a first grant under the same sum.

(5) EXEMPLIFICATION OF PROBATE OR LETTERS OF ADMINISTRATION WITH OR WITHOUT WILL ANNEXED.

Attending at the Probate Office (or District Registry), looking up the grant of probate and original will, or grant of administration and bespeaking exemplification ... ...

£1·01

Exemplifications under seal and stamp ... ... ...

£3·36

Extracting ... ... ... ... ... ... ...

£1·40

(6) DUPLICATE AND TRIPLICATE PROBATES OR LETTERS OF ADMINISTRATION WITH OR WITHOUT WILL ANNEXED.

Attending at the Probate Office (or District Registry), looking up the will and bespeaking duplicate or triplicate of a grant and engrossment ... ... ... ... ...

£1·01

Drawing and copying statement in support of application for the duty-paid stamp—The same fee as on a double cessate or probate.

Attending and procuring the duty-paid stamp ... ...

£2·07

Duplicate or triplicate probate, or letters of administration with or without will annexed; If the personal estate is under £100 or any smaller sum, the same fee as on the original grant.

If the personal estate is of the value of £100 or upwards ...

£1·96

Extracting ... ... ... ... ... ... ...

£1·40

(7) LETTERS OF ADMINISTRATION WITH OR WITHOUT WILL ANNEXED DE BONIS NON OR CESSATE.

If effects sworn under

Attending at Probate Office looking up and perusing will, and taking account of former grants

Oath of administrator and attendance on his being sworn and on execution of bond

Affidavit for Revenue purposes and attendance on administrator being sworn

Drawing and copying statement in support of application for the duty-paid stamp

De Conis non or cessate administration with or without will under seal and duty-paid stamp

Extracting

£

£

£

£

£

£

£

5

1·01

0·78

0·39

0·17

0·17

20

1·01

0·78

0·39

0·17

0·67

50

1·01

1·01

0·78

0·22

1·01

100

1·01

1·57

1·01

0·78

0·45

1·34

200

1·01

2·07

1·01

1·01

0·67

1·34

300

1·01

2·58

1·57

1·01

1·85

1·34

450

1·01

2·58

1·57

1·01

1·85

1·34

If £450 or upwards: The fees to be taken are the same as above except the extracting fee which, if the effects are £1,500 and upwards, is ... ... ... ... ... ...

£2·86

If there has been more than one previous grant, for each grant looked up after the first, a further fee of ... ...

£0·78

The above fee, for drawing and copying the statement in support of application for the duty-paid stamp is to be taken, if the statement is five folios or under. If it exceeds five folios, for each additional folio ... ... ... ... ... ...

£0·22

Attending to pay stamp duty—same as for Probates.

In addition to the above, for preparing the bond, and for each attendance after the first on the administrators being sworn, and on execution of the bond, when there are two or more administrators and they are not sworn at the same time, the same fee as on ordinary grants of letters of administration.

(8) PROBATES, SPECIAL OR LIMITED.

Instructions—same as for probates.

Affidavit for Revenue purposes, and attendance on the executor being sworn thereto—the same fee as on ordinary probates.

Drawing oath of executor, per folio

£0·17

Fair copy of the oath for the Probate Office (or District Registry) per folio

£0·06

Attending at the Probate Office (or District Registry) thereon

£2·07

Engrossing same, per folio

£0·06

Each attendance on the executors being sworn

£1·01

Engrossing and collating the will Special or limited probate, under seal Extracting

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The same fees as on ordinary probates.

(9) LETTERS OF ADMINISTRATION, WITH OR WITHOUT WILL ANNEXED, SPECIAL OR LIMITED.

Consulting fee ... ... ... ... ... ... ...

£1·01

Perusing and abstracting deeds or other instruments, when necessary, at per folio... ... ... ... ... ...

£0·06

Proxy of nomination ... ... ... ... ... ...

£2·07

Affidavit for Revenue purposes and attendance on the administrators being sworn thereto—the same fees as on ordinary grants of letters of administration.

Drawing special oath of the administrator, per folio ...

£0·17

Fair copy of the oath for the Probate Office (or District Registry) to peruse per folio... ... ... ... ...

£0·06

Attending at the Probate Office (or District Registry) thereon... ... ... ... ... ... ... ...

£2·07

Engrossing same, per folio... ... ... ... ...

£0·06

Each attendance on the administrators being sworn, and on execution of the bond... ... ... ... ... ...

£1·01

Engrossing and collating the will Letters of administration under seal and stamp Extracting

/images/si027y71p0039b.gif

The same fees as on ordinary grants of letters of administration, with or with out will annexed.

(10) COPIES OF, OR EXTRACTS FROM, RECORDS, WILLS AND OTHER DOCUMENTS.

For attendance at the Probate Office (or District Registry) or Public Record Office and searching for a record, will or other document, or for a grant of probate, letters of administration, with or without will annexed, for five years, or any period less than five years, including the ordering of a copy

£1·01

For every five years after the first five years.. ..

£0·50

For the perusal of a record, will, or other document, when necessary, for the purpose of ordering extracts, or for any other purpose including the ordering of extracts, per folio ..

£0·06

For collating an office copy or extract of a record, will, or other document, with the original, or a registered copy thereof, including extracting fee, per folio .. .. .. ..

£0·03

For collating an office copy of the action granting probate or administration with the original entry thereof, including extracting fee .. .. .. .. .. .. ..

£0·17

(11) CAVEATS.

For attendance in the Probate Office and entering or subducting a caveat

£1·01

For attendance in the Probate Office, and giving instructions for warning caveators to enter an appearance

£1·01

For service of warning to a caveat and copy

£0·78

(12) AFFIDAVITS OTHER THAN THE AFFIDAVITS AND OATHS INCLUDED IN THE FEES OF PROBATE AND LETTERS OF ADMINISTRATION AND DECLARATIONS OF PERSONAL ESTATE AND EFFECTS.

For taking instructions of every affidavit of declaration of personal estate and effects

£1·01

For drawing, and fair copy of the same, per folio

£0·17

For every attendance on the deponents or declarants being sworn or affirmed to such affidavit or declaration

£1·01

(13) INSTRUMENTS OF RENUNCIATION AND CONSENT, LETTERS OF ATTORNEY, AND OTHER DOCUMENTS.

For taking instructions for every instrument of renunciation or consent, letters of attorney, or other document ..

£1·01

For drawing, and fair copy thereof, per folio .. ..

£0·17

(14) GENERAL.

Any work not hereinbefore provided for may be charged in accordance with Part I.

PART V.

O. 99, r. 50

BANKRUPTCY.

SPECIAL ITEMS NOT COVERED BY PART I.

Item

1. Debtor's summons, including all affidavits in support thereof and prior demands for payment .. ..

£8·40

2. Petition of bankruptcy, including all affidavits in support thereof and form of order of adjudication and duplicate, and warrant of seizure .. .. .. .. .. ..

£11·20

3. Petition or arrangement, including all affidavits in support thereof, affidavit required to be filed under Deeds of Arrangement Act, 1890, and form of protection order ..

£17·92

4. Accounting statement when required .. .. ..

£3·36

5. Special account of balance sheet required to be filed by the bankrupt or the arranging debtor in pursuance of an order of the Court, per item .. .. .. .. .. ..

£0·04

6. Statement of affairs per item .. .. .. ..(Subject to a minimum fee of £5—60)

£0·04

Where a short or preliminary statement of affairs and list of creditors in arrangements is filed in the office before the sitting, per item (Subject to a minimum fee of £3·36)

7. Application to dismiss debtor's summons or show cause against adjudication, including affidavit of debtor in support

£4·20

8. Bankrupt's offer of composition after bankruptcy ..

£4·24

9. Proof of debt when filed .. .. .. .. ..

£0·84

10. Authority to vote when completed by creditor in favour of the proposal

Note to items 9 and 10—These items include all correspondence relative to such proofs of debt and authorities.

£0·14

11. Certificate of the vesting of estate in assignees or trustees, including filing copy and procuring office copy and attendances to register in the Registry of Deeds (when applicable) .. .. .. .. .. .. ..

£2·24

12. Composition bill or note (besides stamp duty)

£0·08.

Note to items 1 to 12—The foregoing fees cover all work in taking instructions for and drawing, engrossing, swearing, issuing, filing and serving the documents respectively referred to.

13. Perusing bankrupt's or arranging debtor's statement of affairs

£1·12

14. Perusing bankrupt's or arranging debtor's accounting tatement (when required) .. .. .. .. ..

£1·12

15. Persuing messenger's report or reports ... ...

£1·12

Note to items 13, 14 and 15—These fees may be increased on special grounds, or if the Examiner certifies that it is reasonable so to do.

16. Attending at and conducting preliminary meeting of creditors in arrangement ... ... ... ... ...

£3·92

17. Drawing and engrossing and attending on execution of bonds of sureties ... ... ... ... ... ... ...

£3·36

18. Drawing, issuing and filing of notice of sittings in bankruptcy or arrangement, and transmitting to one party

£1·68

and to each additional party ... ... ... ... ...

£0·14

PART VI.

O. 99, r. 13 (1)

APPEALS FROM CIRCUIT COURT.

Item

1. Instructions for and preparation and lodgement of notice of appeal, including copy for service

£1·68

2. Service thereof on solicitor where only one party to be served

£0·28

3. For each additional copy served

£0·11

4. Each additional service thereof if on a solicitor

£0·14

5. Service on person other than a solicitor such reasonable sum as has been paid

6. Instructions for and preparation and lodgment of notice to vary

£1·68

7. Service thereof on solicitor where only one party to be served

£0·28

8. For each additional copy served

£0·14

9. Each additional service thereof if on a solicitor

£0·14

10. Service on person other than a solicitor such reasonable sum as has been paid.

PART VII.

FEES PAYABLE TO COMMISSIONERS FOR OATHS.

1. On taking an affidavit, affirmation or declaration ...

£0·25.

2. On marking exhibits therein referred to and required to be marked—for each exhibits ... ... ... ...

£0·10

—but not exceeding for all exhibits ... ... ... ...

£1·50

3. On attesting the execution of a bond ... ... ...

£0·25

EXPLANATORY NOTE.

These Rules, which come into operation on 15th February, 1971, provide for the restating, in Decimal Currency, of the scales of costs set out in Appendix W of the Rules of the Superior Courts, 1962, as amended.