S.I. No. 103/1982 - District Court (Malicious Injuries Act, 1981) (Costs and Fees) Regulations, 1982.

S.I. No. 103 of 1982.

DISTRICT COURT (MALICIOUS INJURIES ACT, 1981) (COSTS AND FEES) REGULATIONS, 1982.

I, SEÁN DOHERTY, Minister for Justice, in exercise of the power conferred on me by section 15 (2) of the Malicious Injuries Act, 1981 (No. 9 of 1981), with the consent of the Minister for Finance, hereby make the following regulations:

1. (1) These Regulations may be cited as the District Court ( Malicious Injuries Act, 1981 ) (Costs and Fees) Regulations, 1982.

(2) These Regulations shall come into operation on the 15th day of April, 1982.

2. (1) The scales of solicitors' costs and fees of counsel set out in the Schedule to these Regulations shall be the scales applicable where the costs of an application in the District Court for compensation under the Malicious Injuries Act, 1981 (No. 9 of 1981), are payable by a local authority.

(2) The appropriate costs allowed under the scale set out in Part I of the Schedule shall—

( a ) in every instance be exclusive of and in addition to all actual and necessary outlay, and

( b ) be subject to a reduction of £4 in any case where the preliminary notice of intention to apply for compensation was not prepared by the applicant's solicitors.

(3) In the award of costs under the scale of fees set out in Part II of the Schedule, a fee for counsel may not be included unless the Court certifies that, in its opinion, the employment of counsel was necessary for the attainment of justice or for enforcing the rights of the applicant and no additional fee shall be allowed to counsel as between party and party for any other work, including preliminary advice, consultation and advice on proofs.

SCHEDULE

PART I

Costs of Applicant's Solicitors.

Amount of compensation	Where proceedings settled before hearing	Where proceedings settled in course of hearing or where decree made
	£	£
where not exceeding £100	7	12
where exceeding £100 but not exceeding £500	20	51
where exceeding £500 but not exceeding £1,000	37	77
where exceeding £1,000 but not exceeding £2,500	60	127

PART II

Fees of Applicant's Counsel

Amount of compensation	Where proceedings settled before hearing on the day on which they would have been heard or in course of hearing or where decree made
	£
where not exceeding £250	25
where exceeding £250 but not exceeding £1,000	35
where exceeding £1,000 but not exceeding £2,500	45

GIVEN under my Official Seal, this 15th day of April, 1982.

SEÁN DOHERTY,

Minister for Justice.

The Minister for Finance consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Finance, this 15th day of April, 1982.

RAY MACSHARRY,

Minister for Finance.

EXPLANATORY NOTE.

These regulations set out the scales of solicitors' costs and fees of counsel applicable in the District Court where the costs of an application for compensation under the Malicious Injuries Act, 1981 , are payable by a local authority.