S.I. No. 39/1973 - District Court (Counsel's Fees) Rules, 1973.

S.I. No. 39 of 1973.

DISTRICT COURT (COUNSEL'S FEES) RULES, 1973.

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act, 1924 , section 72 of the Courts of Justice Act, 1936 , and section 17 of the Interpretation Act, 1937 (as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 ), and section 34 of the Courts (Supplemental Provisions) Act, 1961 , do hereby, with the concurrence of the Minister for Justice, make the following Rules of Court:—

1. These Rules may be cited as the District Court (Counsel's Fees) Rules, 1973.

2. These Rules shall come into operation on the 1st day of March, 1973, and shall be read together with all other District Court Rules for the time being in force.

3. (1) In any award of costs in the District Court a fee for counsel may not be included—

( a ) in any action in contract, breach of contract, tort or in claims for damages unconnected with contract, where the amount recovered by the plaintiff or, where the action was dismissed, the amount claimed against the defendant does not exceed £100, and

( b ) in any ejectment proceedings for overholding or non-payment of rent, where the annual rent does not exceed £53.

(2) In the award of costs in any other proceedings in the District Court a fee for counsel may not be included unless the Court certifies that, in its opinion, the employment of such counsel was necessary for the attainment of justice or for enforcing or defending the rights of the party concerned.

(3) Where counsel is allowed, the scales of fees hereunder shall operate, provided that in any proceedings not covered by these scales the fees shall be such as shall be determined by the Court having regard to the said scales and to the amount involved in the case; provided that the fee shall not exceed £10 in any case.

4. (1) In any defended case of contract, breach of contract, tort or in claims for damages unconnected with contract:—

To plaintiff's counsel when the amount recovered, or to defendant's counsel when the amount claimed,

	£
(i) exceeds £100, but does not exceed £175	8.00
(ii) exceeds £175, but does not exceed £250	10.00

(2) In any defended ejectment for overholding or non-payment of rent:—

To plaintiff's or defendant's counsel when the annual rent

	£
(i) exceeds £53, but does not exceed £105	5.00
(ii) exceeds £105, but does not exceed £157	8.00
(iii) exceeds £157, but does not exceed £315	11.00

(3) No additional fee shall be allowed to counsel under paragraphs (1) or (2) as between party and party for any other work, including preliminary advice, consultation or advice on proofs.

Dated this 30th day of January, 1973.

Cathal Ó Floinn, Chairman

Denis P. O'Donovan

John Carr

D. Ua Donnchadha

M. Cyril Maguire

Richard Knight

Andrew Eddery

I concur in the making of the foregoing Rules.

Dated this 12th day of February, 1973.

DESMOND O'MALLEY,

Minister for Justice.

EXPLANATORY NOTE.

These Rules, which come into operation on 1 March, 1973, provide for revised scales of counsel's fees in the District Court. The new scales, which cover the increased jurisdiction of the District Court under the Courts Act, 1971 (No. 36 of 1971), replace the scales of counsel's fees set out in the Schedule of Costs to the District Court (Costs) Rules, 1970 ( S.I. No. 315 of 1970 ). The Minister for Industry and Commerce has, under section 2 (2) (a) of the Prices (Amendment) Act, 1972 , consented to the exercise by the rule-making authority (the District Court Rules Committee with the concurrence of the Minister for Justice) of their statutory powers to regulate the fees dealt with in the Rules.