S.I. No. 67/1990 - District Court (Costs) Rules, 1990.

S.I. No. 67 of 1990.

DISTRICT COURT (COSTS) RULES, 1990.

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 , 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 (Costs) Rules, 1990.

2. These Rules shall come into operation on the 9th day of April, 1990, and shall be read together with all other District Court Rules for the time being in force.

3. The costs to be awarded in proceedings instituted in the District Court on or after the 9th day of April, 1990 shall be in accordance with the scales of costs set out in the schedule annexed to these Rules.

4. The District Court (Costs) Rules, 1982 ( S.I. No. 218 of 1982 ) are hereby annulled save as to any proceedings pending in the District Court on the coming into operation of these Rules, which proceedings shall be continued and completed as if these Rules had not been made.

SCHEDULE OF COSTS

SOLICITORS' COSTS IN SUMMARY JUDGEMENT PROCEEDINGS

Amount due at the date of issue of the civil process	If amount due is paid within ten days of service of civil process	If amount due is not paid within ten days of service of civil process
	£	£
Not exceeding £50	5	9
Exceeding £50, not exceeding £100	8	14
Exceeding £100, not exceeding £250	11	19
Exceeding £250, not exceeding £500	15	26
Exceeding £500, not exceeding £1,000	25	47
Exceeding £1,000, not exceeding £1,500	33	64
Exceeding £1,500, not exceeding £2,000	42	81
Exceeding £2,000, not exceeding £2,500	50	98

The above scale of costs shall in every instance be exclusive of and in addition to all actual and necessary outlay.

If the civil process is defended the costs of the successful party shall be in accordance with the appropriate Contract, Breach of Contract and Tort scale.

SCHEDULE OF COSTS

SOLICITORS' COSTS IN CONTRACT, BREACH OF CONTRACT AND TORT PROCEEDINGS AND IN CLAIMS FOR DAMAGES UNCONNECTED WITH CONTRACT

Amount due at the date of issue of civil process, or (as the case may be) the amount decreed for debt	Settled before Entry	Costs of decree if case not defended	Costs of decree if case defended	Costs of decree if case not defended but notice of intention to defend has been served and filed	Costs of dismiss
	£	£	£	£	£
Not exceeding £50	6	17	27	19	27
Exceeding £50, not exceeding £100	9	28	40	32	40
Exceeding £100, not exceeding £250	19	49	82	56	82
Exceeding £250, not exceeding £500	28	69	115	79	115
Exceeding £500, not exceeding £1,000	54	131	218	150	218
Exceeding £1,000, not exceeding £1,500	76	182	304	209	304
Exceeding £1,500, not exceeding £2,000	90	217	362	249	362
Exceeding £2,000, not exceeding £2,500	104	251	419	288	419

The above scale of costs shall in every instance be exclusive of and in addition to all actual and necessary outlay.

The above scale of costs shall apply to actions for wrongful detention brought by virtue of section 33 (3) of the Courts (Supplemental Provisions) Act, 1961 , according to the value of the goods as determined by the Court.

The above scale of costs shall apply to actions for wrongful detention arising out of a hire purchase transaction.

SCHEDULE OF COSTS

SOLICITORS' COSTS IN EJECTMENT PROCEEDINGS INSTITUTED BY CIVIL PROCESS

Annual Rent	Settled before Entry	Costs of decree if case not defended	Costs of decree if case defended	Costs of decree if case not defended but notice of intention to defend has been served and filed	Costs of dismiss
	£	£	£	£	£
Not exceeding £53	5	16	18	18	18
Exceeding £53, not exceeding £100	7	30	35	34	35
Exceeding £100, not exceeding £250	14	44	70	50	70
Exceeding £250, not exceeding £500	20	60	92	69	92
Exceeding £500, not exceeding £1,000	30	86	134	99	134
Exceeding £1,000, not exceeding £1,500	38	103	163	118	163
Exceeding £1,500. not exceeding £2,000	44	120	192	138	192
Exceeding £2,000, not exceeding £2,500	51	138	220	158	220

The above scale of costs shall in every instance be exclusive of and in addition to all actual and necessary outlay.

The above scale of costs shall not apply to ejectment proceedings brought before the Court on Summons pursuant to section 15 of the Summary Jurisdiction (Ireland) Act, 1851, section 10 of the Summary Jurisdiction (Ireland) Amendment Act, 1871 or section 81, 84, 85 and 86 of the Landlord and Tenant (Ireland) Act, 1860. In such proceedings costs shall be in the discretion of the Court and shall not exceed £7.47 in any case, unless the Court for special reason shall otherwise order.

The above scale of costs shall apply to ejectment proceedings brought before the Court by civil process pursuant to section 82 of the Civil Bill Courts (Ireland) Act, 1851 as applied to the District Court by section 17 of the Courts of Justice Act, 1928 .

SCHEDULE OF COSTS

SOLICITORS' COSTS IN PROCEEDINGS UNDER THE ENFORCEMENT OF COURT ORDERS ACTS, 1926 AND 1940

COSTS IN RELATION TO INSTALMENT ORDERS

Amount due	Costs
	£
Not exceeding £50	10
Exceeding £50, not exceeding £100	14
Exceeding £100, not exceeding £250	17
Exceeding £250, not exceeding £500	25
Exceeding £500	35
	or such greater sum as the Court shall think proper.

The above scale of costs shall in every instance be exclusive of and in addition to all actual and necessary outlay.

SCHEDULE OF COSTS

SOLICITORS' COSTS IN SUMMARY PROCEEDINGS BROUGHT BY SUMMONS FOR THE RECOVERY OF RATES

Amount sued for	Costs before hearing	Costs after hearing
	£	£
Not exceding £500	12	24
Exceeding £500, not exceding £1,000	15	30
Exceeding £1,000, not exceeding £1,500	25	50
Exceeding £1,500, not exceeding £2,500	30	60
Exceeding £2,500, not exceeding £5,000	40	80
Exceeding £5,000	50	100

The above scale of costs shall in every instance be exclusive of and in addition to all actual and necessary outlay.

SCHEDULE OF COSTS

MISCELLANEOUS COSTS

	£
For drawing each additional copy of a civil process necessarily served after the first	0.81
For drawing a witness summons and copies thereof, for attendance at the District Court Office for the purpose of issuing same, and for correspondence as to service	1.88
For attendance in Court not otherwise provided for, where allowed by the Justice,......... not exceeding	2.81
For service of documents which are required to be served by registered post	0.40

The above scale of costs shall be chargeable in addition to the charges in the other scales in this schedule.

ACTIONS TRANSFERRED FROM THE HIGH COURT TO THE DISTRICT COURT

A plaintiff succeeding in such action shall be entitled to no greater costs than would have been allowed under the foregoing scales if the action had been instituted in the District Court. A successful defendant shall be entitled, in addition to the costs allowed under the foregoing scales, to a minimum sum of £31.50 or such greater sum as the Court may in the circumstances think proper.

GIVEN this 23rd day of October, 1989.

OLIVER A. MACKLIN, Chairman

JOHN P. CLIFFORD

P. J. BRENNAN

JOHN GARAVAN

SEÁN McMULLIN

GERARD F. GRIFFIN

SÉAMUS S. Ó CATHASAIGH

I concur in the making of the foregoing Rules.

Dated this 15th day of March, 1990.

RAY BURKE,

Minister for Justice.

EXPLANATORY NOTE.

These Rules, which come into operation on 9th April, 1990 provide for revised scales of solicitors' costs in the District Court. The District Court (Costs) Rules 1982 ( S.I. No. 218 of 1982 ) are hereby annulled except in relation to any proceedings pending in the District Court on the coming into operation of the new Rules (Rule 4).

The Minister for Industry and Commerce has consented to the exercise by the rule-making authority (viz. the District Court Rules Committee with the concurrence of the Minister for Justice) of their statutory power to regulate the fees prescribed in the Rules.