S.I. No. 84/1955 -- District Court Rules (No. 2), 1955.
1955
84
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S.I. No. 84/1955:
DISTRICT COURT RULES (No. 2), 1955.
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DISTRICT COURT RULES (No. 2), 1955.
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The District Court Rules Committee, with the concurrence of the Minister for Justice, and in exercise of the powers conferred on them by the Courts of Justice Acts, 1924 to 1953, and of every and any other power them in this behalf enabling, make the following Rules :--
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1. These Rules may be cited as the District Court Rules (No. 2), 1955.
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2. These Rules shall come into operation on the 1st day of July, 1955, and shall be read together with the Rules of 1948 and the District Court Rules, 1955.
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3. Subject to any special order made by a Justice in a particular case, these Rules shall apply to all proceedings pending in the District Court on the said 1st day of July, 1955.
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4. In these Rules :--
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" the Principal Rules " means the District Court Rules, 1948 ( S. R. & O. No. 431 of 1947 );
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" the Rules of 1948 " means the Principal Rules, the District Court Rules (No. 2), 1948 ( S.I. No. 270 of 1948 ), and the District Court Rules (No. 3), 1948 ( S.I. No. 431 of 1948 ).
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5. The following Rule shall be substituted for Rule 130 of the Principal Rules :
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Fees of summons servers.
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" 130. The fee payable to any summons server in respect of the service of any Civil Process shall be 4/- and, where personal service is required, it shall be 5/- for each copy served. The fee payable in respect of the service of any document other than a Civil Process of which service is required by these Rules shall be in accordance with the scale laid down in Rule 52 hereof."
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6. The following Rule shall be substituted for Rule 147 of the Principal Rules :
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Costs and witnesses' expenses.
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" 147.--(1) A Justice in hearing and determining any Civil Process may grant to the successful party such witnesses' expenses as he shall think fit to award, and, save as otherwise provided by statute or by these Rules, may in his discretion grant or withhold the costs of any party.
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(2) Save as is otherwise provided by these Rules, the costs and fees specified in each scale in the Schedule of Costs annexed hereto shall be the only lawful fees, costs, charges and emoluments for the business therein indicated or described, as between party and party, and no other fees, costs, charges or emoluments shall be payable or recoverable therefor.
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(3) In civil proceedings where the plaintiff is successful and the defendant has not been professionally represented at the hearing the costs shall be in accordance with the appropriate scale for undefended cases, unless the Justice, upon application made to him at the hearing, shall direct that the scale for defended cases shall apply.
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(4) No costs other than necessary outlay shall be granted to a successful party unless he is professionally represented at the hearing of the proceedings.
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(5) The Justice may allow such costs of any adjournment of the hearing or further hearing of any Civil Process as he thinks fit, and may order that such costs be added to or deducted from the costs allowed to either party on the final determination of the civil process, or may, if he thinks it reasonable to do so, make a separate order (Form VIII) for their payment."
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7. The following Rule shall be substituted for Rule 161 of the Principal Rules :
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Defence.
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" 161.--(1) Where the defendant has neglected to give such notice of defence within the time limited but shall appear at the Court and prove to the satisfaction of the Justice that he has just grounds of defence in law or on the merits and satisfactorily explains his neglect, the Justice may, upon such terms as he thinks just, adjourn the hearing to a later Court for the Court Area in which he is then sitting or to any other Court within his District. Where the defendant shall have given notice of defence, or shall have obtained an adjournment as aforesaid, the civil process shall be entered for hearing in the Civil Process Book. At the hearing the affidavit lodged on behalf of the plaintiff shall, unless the Justice shall otherwise direct, be receivable as prima facie evidence of the plaintiff's claim, but the Justice may, if he thinks fit, order that the plaintiff or somebody on his behalf prove the claim in open court.
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(2) If a Decree shall be made for part only of the amount claimed in the civil process the plaintiff shall be entitled only to the costs of an ordinary civil process as set out in the appropriate scale in the Schedule of Costs."
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8. The Schedule of Costs annexed to these Rules shall be substituted for the Schedule of Costs annexed to the Principal Rules.
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Given this 29th day of April, 1955.
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FREDERICK J. MANGAN, Chairman.
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JAMES F. CROTTY.
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DENIS P. O'DONOVAN.
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LIAM PRICE.
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WILLIAM G. FALLON.
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PATRICK J. KERRIGAN.
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I concur in the making of the foregoing Rules.
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Dated this 3rd day of May, 1955.
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JAMES EVERETT,
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Minister for Justice.
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SCHEDULE OF COSTS.
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SOLICITORS' COSTS IN CONTRACT AND BREACH OF CONTRACT CASES.
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In proceedings where the amount due at the date of issue of civil process and in case of a dismiss the amount sued for does not exceed £2.
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|
|
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Settled before entry.
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Costs of decree if not defended.
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Costs of decree if defended.
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Costs of dismiss.
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|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
£
|
s.
|
d.
|
|
1. Instructions to recover amount and including correspondence, attendance, filling in and signing civil process and copy for service
|
0
|
5
|
0
|
0
|
5
|
0
|
0
|
5
|
0
|
Instructions for Defence including correspondence and filling and signing notice of defence and copy for service
|
0
|
3
|
0
|
|
2. Paid stamp on original civil process
|
0
|
1
|
6
|
0
|
1
|
6
|
0
|
1
|
6
|
--
|
--
|
|
3. Paid service
|
0
|
4
|
0
|
0
|
4
|
0
|
0
|
4
|
0
|
--
|
--
|
|
4. Instructions for hearing and preparing proofs
|
--
|
0
|
2
|
0
|
0
|
2
|
6
|
Instructions for hearing and preparing proofs
|
0
|
3
|
6
|
|
5. Attending and conducting case at hearing
|
--
|
0
|
4
|
0
|
0
|
6
|
6
|
Attending and conducting defence at hearing
|
0
|
7
|
6
|
|
6. Drawing and signing decree
|
--
|
0
|
1
|
6
|
0
|
1
|
6
|
Drawing and signing dismiss
|
0
|
1
|
6
|
|
7. Stamp on decree
|
--
|
0
|
1
|
6
|
0
|
1
|
6
|
Stamp on dismiss
|
0
|
1
|
6
|
|
Total
|
£0
|
10
|
6
|
£0
|
19
|
6
|
£1
|
2
|
6
|
|
£0
|
17
|
0
|
|
|
|
SCHEDULE OF COSTS.
|
|
|
SOLICITORS' COSTS IN CONTRACT AND BREACH OF CONTRACT CASES.
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|
In proceedings where the amount due at the date of issue of civil process and in case of a dismiss the amount sued for exceeds £2 and does not exceed £5.
|
|
|
|
|
|
|
|
Settled before entry.
|
Costs of decree if not defended.
|
Costs of decree if defended.
|
|
Costs of dismiss.
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
£
|
s.
|
d.
|
|
1. Instructions to recover amount and including correspondence, attendance, filling in and signing civil process and copy for service
|
0
|
6
|
0
|
0
|
6
|
0
|
0
|
6
|
0
|
Instructions for defence including correspondence and filling and signing notice of defence and copy for service
|
0
|
5
|
0
|
|
2. Paid stamp on original civil process
|
0
|
1
|
6
|
0
|
1
|
6
|
0
|
1
|
6
|
--
|
--
|
|
3. Paid service
|
0
|
4
|
0
|
0
|
4
|
0
|
0
|
4
|
0
|
--
|
--
|
|
4. Instructions for hearing and preparing proofs
|
--
|
0
|
5
|
0
|
0
|
5
|
0
|
Instructions for hearing and preparing proofs
|
0
|
5
|
0
|
|
5. Attending to lodge original civil process for entry and additional copy to keep
|
--
|
0
|
1
|
0
|
0
|
1
|
0
|
Attending to lodge notice of defence for entry and additional copy to keep
|
0
|
1
|
0
|
|
6. Attending and conducting case at hearing
|
--
|
0
|
7
|
6
|
0
|
12
|
6
|
Attending and conducting defence at hearing
|
0
|
15
|
0
|
|
7. Drawing and signing decree
|
--
|
0
|
2
|
6
|
0
|
2
|
6
|
Drawing and signing dismiss
|
0
|
2
|
6
|
|
8. Stamp on decree
|
--
|
0
|
1
|
6
|
0
|
1
|
6
|
Stamp on dismiss
|
0
|
1
|
6
|
|
Total
|
£0
|
11
|
6
|
£1
|
9
|
0
|
£1
|
14
|
0
|
|
£1
|
10
|
0
|
|
|
|
SCHEDULE OF COSTS.
|
|
|
SOLICITORS' COSTS IN CONTRACT AND BREACH OF CONTRACT CASES.
|
|
|
In proceedings where the amount due at the date of issue of civil process and in case of a dismiss the amount sued for exceeds £5 and does not exceed £10
|
|
|
|
|
|
|
|
Settled before entry.
|
Costs of decree if not defended.
|
Costs of decree if defended.
|
|
Costs of dismiss.
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
£
|
s.
|
d.
|
|
1. Instructions to recover amount and including correspondence, attendance, filling in and signing civil process and copy for service
|
0
|
10
|
0
|
0
|
10
|
6
|
0
|
10
|
6
|
Instructions for defence including correspondence and filling and signing notice of defence and copy for service
|
0
|
10
|
0
|
|
2. Paid stamp on original civil process
|
0
|
1
|
6
|
0
|
1
|
6
|
0
|
1
|
6
|
--
|
--
|
|
3. Paid service
|
0
|
4
|
0
|
0
|
4
|
0
|
0
|
4
|
0
|
--
|
--
|
|
4. Instructions for hearing and preparing proofs
|
--
|
0
|
7
|
6
|
0
|
7
|
6
|
Instructions for hearing and preparing proofs
|
0
|
10
|
0
|
|
5. Attending to lodge original civil process for entry and additional copy to keep
|
--
|
0
|
2
|
0
|
0
|
2
|
0
|
Attending to lodge notice of defence for entry and additional copy to keep
|
0
|
2
|
0
|
|
6. Attending and conducting case at hearing
|
--
|
0
|
10
|
6
|
1
|
0
|
0
|
Attending and conducting defence at hearing
|
0
|
15
|
0
|
|
7. Drawing and signing decree
|
--
|
0
|
2
|
6
|
0
|
2
|
6
|
Drawing and signing dismiss
|
0
|
2
|
6
|
|
8. Stamp on decree
|
--
|
0
|
1
|
6
|
0
|
1
|
6
|
Stamp on dismiss
|
0
|
1
|
6
|
|
Total
|
£0
|
15
|
6
|
£2
|
0
|
0
|
£2
|
9
|
6
|
|
£2
|
1
|
0
|
|
|
|
SCHEDULE OF COSTS.
|
|
|
SOLICITORS' COSTS IN CONTRACT AND BREACH OF CONTRACT CASES.
|
|
|
In proceedings where the amount due at the date of issue of civil process and in case of a dismiss the amount sued for exceeds £10 and does not exceed £25.
|
|
|
|
|
|
|
|
Settled before entry.
|
Costs of decree if not defended.
|
Costs of decree if defended.
|
|
Costs of dismiss.
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
£
|
s.
|
d.
|
|
1. Instructions to recover amount and including correspondence, attendance, filling in and signing civil process and copy for service
|
0
|
15
|
0
|
0
|
15
|
0
|
0
|
15
|
0
|
Instructions for defence including correspondence and filling and signing notice of defence and copy for service
|
0
|
15
|
0
|
|
2. Paid stamp on original civil process
|
0
|
1
|
6
|
0
|
1
|
6
|
0
|
1
|
6
|
--
|
--
|
|
3. Paid service
|
0
|
4
|
0
|
0
|
4
|
0
|
0
|
4
|
0
|
--
|
--
|
|
4. Instructions for hearing and preparing proofs
|
--
|
0
|
15
|
0
|
0
|
15
|
0
|
Instructions for hearing and preparing proofs
|
0
|
15
|
0
|
|
5. Attending to lodge original civil process for entry and additional copy to keep
|
--
|
0
|
2
|
0
|
0
|
2
|
0
|
Attending to lodge notice of defence for entry and additional copy to keep
|
0
|
2
|
0
|
|
6. Attending and conducting case at hearing
|
--
|
0
|
10
|
0
|
1
|
0
|
|
Attending and conducting defence at hearing
|
1
|
0
|
0
|
|
7. Drawing and signing decree
|
--
|
0
|
2
|
6
|
0
|
2
|
6
|
Drawing and signing dismiss
|
0
|
2
|
6
|
|
8. Stamp on decree
|
--
|
0
|
1
|
6
|
0
|
1
|
6
|
Stamp on dismiss
|
0
|
1
|
6
|
|
Total
|
£1
|
0
|
6
|
£2
|
11
|
6
|
£3
|
1
|
6
|
|
£2
|
16
|
0
|
|
|
|
SCHEDULE OF COSTS.
|
|
|
SOLICITORS' COSTS IN CONTRACT AND BREACH OF CONTRACT CASES.
|
|
|
In proceedings where the amount due at the date of issue of civil process and in case of a dismiss the amount sued for exceeds £25 and does not exceed £50.
|
|
|
|
|
|
|
|
Settled before entry.
|
Costs of decree if not defended.
|
Costs of decree if defended.
|
|
Costs of dismiss.
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
£
|
s.
|
d.
|
|
1. Instructions to recover amount and including correspondence, attendance, filling in and signing civil process and copy for service
|
1
|
10
|
0
|
1
|
10
|
0
|
1
|
10
|
0
|
Instructions for defence including correspondence and filling and signing notice of defence and copy for service
|
1
|
10
|
0
|
|
2. Paid stamp on original civil process
|
0
|
1
|
6
|
0
|
1
|
6
|
0
|
1
|
6
|
--
|
--
|
|
3. Paid service
|
0
|
4
|
0
|
0
|
4
|
0
|
0
|
4
|
0
|
--
|
--
|
|
4. Instructions for hearing and preparing proofs
|
--
|
1
|
0
|
0
|
2
|
10
|
0
|
Instructions for hearing and preparing proofs
|
2
|
10
|
0
|
|
5. Attending to lodge original civil process for entry and additional copy to keep
|
--
|
0
|
5
|
0
|
0
|
5
|
0
|
Attending to lodge notice of defence for entry and additional copy to keep
|
0
|
5
|
0
|
|
6. Attending and conducting case at hearing
|
--
|
0
|
15
|
0
|
1
|
10
|
0
|
Attending and conducting defence at hearing
|
1
|
10
|
0
|
|
7. Drawing and signing decree
|
--
|
0
|
5
|
0
|
0
|
5
|
0
|
Drawing and signing dismiss
|
0
|
5
|
0
|
|
8. Stamp on decree
|
--
|
0
|
1
|
6
|
0
|
1
|
6
|
Stamp on dismiss
|
0
|
1
|
6
|
|
Total
|
£1
|
15
|
6
|
£4
|
2
|
0
|
£6
|
7
|
0
|
|
£6
|
1
|
6
|
|
|
|
SCHEDULE OF COSTS.
|
|
|
SOLICITORS' COSTS IN TORT CASES.
|
|
|
In proceedings where the sum awarded or in case of a dismiss the claim does not exceed £2.
|
|
|
|
|
|
|
|
Settled before entry.
|
Costs of decree if not defended.
|
Costs of decree if defended.
|
|
Costs of dismiss.
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
£
|
s.
|
d.
|
|
1. Instructions to recover amount and including correspondence, attendance, filling in and signing civil process and copy for service
|
0
|
5
|
0
|
0
|
5
|
0
|
0
|
5
|
0
|
Instructions for defence including correspondence and filling and signing notice of defence and copy for service
|
0
|
5
|
0
|
|
2. Paid stamp on original civil process
|
0
|
1
|
6
|
0
|
1
|
6
|
0
|
1
|
6
|
--
|
--
|
|
3. Paid service
|
0
|
4
|
0
|
0
|
4
|
0
|
0
|
4
|
0
|
--
|
--
|
|
4. Instructions for hearing and preparing proofs
|
--
|
0
|
5
|
0
|
0
|
5
|
0
|
Instructions for hearing and preparing proofs
|
0
|
5
|
0
|
|
5. Attending to lodge original civil process for entry and additional copy to keep
|
--
|
0
|
2
|
0
|
0
|
2
|
0
|
Attending to lodge notice of defence for entry and additional copy to keep
|
0
|
2
|
0
|
|
6. Attending and conducting case at hearing
|
--
|
0
|
5
|
0
|
0
|
10
|
0
|
Attending and conducting defence at hearing
|
0
|
10
|
0
|
|
7. Drawing and signing decree
|
--
|
0
|
2
|
6
|
0
|
2
|
6
|
Drawing and signing dismiss
|
0
|
2
|
6
|
|
8. Stamp on decree
|
--
|
0
|
1
|
6
|
0
|
1
|
6
|
Stamp on dismiss
|
0
|
1
|
6
|
|
Total
|
£0
|
10
|
6
|
£1
|
6
|
6
|
£1
|
11
|
6
|
|
£1
|
6
|
0
|
|
|
|
SCHEDULE OF COSTS.
|
|
|
SOLICITORS' COSTS IN TORT CASES.
|
|
|
In proceedings where the sum awarded or in case of a dismiss the claim exceeds £2 and does not exceed £10.
|
|
|
|
|
|
|
|
Settled before entry.
|
Costs of decree if not defended.
|
Costs of decree if defended.
|
|
Costs of dismiss.
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
£
|
s.
|
d.
|
|
1. Instructions to recover amount and including correspondence, attendance, filling in and signing civil process and copy for service
|
0
|
15
|
0
|
0
|
15
|
0
|
0
|
15
|
0
|
Instructions for defence including correspondence and filling and signing notice of defence and copy for service
|
0
|
12
|
6
|
|
2. Paid stamp on original civil process
|
0
|
1
|
6
|
0
|
1
|
6
|
0
|
1
|
6
|
--
|
--
|
|
3. Paid service
|
0
|
4
|
0
|
0
|
4
|
0
|
0
|
4
|
0
|
--
|
--
|
|
4. Instructions for hearing and preparing proofs
|
--
|
0
|
10
|
6
|
0
|
10
|
6
|
Instructions for hearing and preparing proofs
|
0
|
10
|
6
|
|
5. Attending to lodge original civil process for entry and additional copy to keep
|
--
|
0
|
2
|
0
|
0
|
2
|
0
|
Attending to lodge notice of defence for entry and additional copy to keep
|
0
|
2
|
0
|
|
6. Attending and conducting case at hearing
|
--
|
0
|
7
|
6
|
0
|
15
|
0
|
Attending and conducting defence at hearing
|
0
|
15
|
0
|
|
7. Drawing and signing decree
|
--
|
0
|
2
|
6
|
0
|
2
|
6
|
Drawing and signing dismiss
|
0
|
2
|
6
|
|
8. Stamp on decree
|
--
|
0
|
1
|
6
|
0
|
1
|
6
|
Stamp on dismiss
|
0
|
1
|
6
|
|
Total
|
£1
|
0
|
6
|
£2
|
4
|
6
|
£2
|
12
|
0
|
|
£2
|
4
|
0
|
|
|
|
SCHEDULE OF COSTS.
|
|
|
SOLICITORS' COSTS IN TORT CASES.
|
|
|
In proceedings where the sum awarded or in case of a dismiss the claim exceeds £10 and does not exceed £25.
|
|
|
|
|
|
|
|
Settled before entry.
|
Costs of decree if not defended.
|
Costs of decree if defended.
|
|
Costs of dismiss.
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
£
|
s.
|
d.
|
|
1. Instructions to recover amount and including correspondence, attendance, filling in and signing civil process and copy for service
|
1
|
0
|
0
|
1
|
10
|
0
|
1
|
10
|
0
|
Instructions for defence including correspondence and filling and signing notice of defence and copy for service
|
1
|
5
|
0
|
|
2. Paid stamp on original civil process
|
0
|
1
|
6
|
0
|
1
|
6
|
0
|
1
|
6
|
--
|
--
|
|
3. Paid service
|
0
|
4
|
0
|
0
|
4
|
0
|
0
|
4
|
0
|
--
|
--
|
|
4. Instructions for hearing and preparing proofs
|
--
|
0
|
15
|
0
|
2
|
0
|
0
|
Instructions for hearing and preparing proofs
|
2
|
0
|
0
|
|
5. Attending to lodge original civil process for entry and additional copy to keep
|
--
|
0
|
4
|
0
|
0
|
4
|
0
|
Attending to lodge notice of defence for entry and additional copy to keep
|
0
|
4
|
0
|
|
6. Attending and conducting case at hearing
|
--
|
0
|
12
|
6
|
1
|
5
|
0
|
Attending and conducting defence at hearing
|
1
|
5
|
0
|
|
7. Drawing and signing decree
|
--
|
0
|
4
|
0
|
0
|
4
|
0
|
Drawing and signing dismiss
|
0
|
4
|
0
|
|
8. Stamp on decree
|
--
|
0
|
1
|
6
|
0
|
1
|
6
|
Stamp on dismiss
|
0
|
1
|
6
|
|
Total
|
£1
|
5
|
6
|
£3
|
12
|
6
|
£5
|
10
|
0
|
|
£4
|
19
|
6
|
|
|
|
SCHEDULE OF COSTS.
|
|
|
SOLICITORS' COSTS IN TORT CASES.
|
|
|
In proceedings where the sum awarded or in case of a dismiss the claim exceeds £25 and does not exceed £50.
|
|
|
|
|
|
|
|
Settled before entry.
|
Costs of decree if not defended.
|
Costs of decree if defended.
|
|
Costs of dismiss.
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
£
|
s.
|
d.
|
|
1. Instructions to recover amount and including correspondence, attendance, filling in and signing civil process and copy for service
|
1
|
10
|
0
|
2
|
0
|
0
|
2
|
0
|
0
|
Instructions for defence including correspondence and filling and signing notice of defence and copy for service
|
1
|
15
|
0
|
|
2. Paid stamp on original civil process
|
0
|
1
|
6
|
0
|
1
|
6
|
0
|
1
|
6
|
--
|
--
|
|
3. Paid service
|
0
|
4
|
0
|
0
|
4
|
0
|
0
|
4
|
0
|
--
|
--
|
|
4. Instructions for hearing and preparing proofs
|
--
|
1
|
0
|
0
|
2
|
5
|
0
|
Instructions for hearing and preparing proofs
|
2
|
5
|
0
|
|
5. Attending to lodge original civil process for entry and additional copy to keep
|
--
|
0
|
5
|
0
|
0
|
5
|
0
|
Attending to lodge notice of defence for entry and additional copy to keep
|
0
|
5
|
0
|
|
6. Attending and conducting case at hearing
|
--
|
0
|
15
|
0
|
2
|
5
|
0
|
Attending and conducting defence at hearing
|
2
|
5
|
0
|
|
7. Drawing and signing decree
|
--
|
0
|
5
|
0
|
0
|
5
|
0
|
Drawing and signing dismiss
|
0
|
5
|
0
|
|
8. Stamp on decree
|
--
|
0
|
1
|
6
|
0
|
1
|
6
|
Stamp on dismiss
|
0
|
1
|
6
|
|
Total
|
£1
|
15
|
6
|
£4
|
12
|
0
|
£7
|
7
|
0
|
|
£6
|
16
|
6
|
|
|
|
SCHEDULE OF COSTS.
|
|
|
SOLICITORS' COSTS IN ORDINARY DEFAULT CASES.
|
|
|
In proceedings where the amount due at the date of issue of process and in case of a dismiss the amount sued for does not exceed £2.
|
|
|
|
|
|
|
|
Settled before entry.
|
Costs of decree if not defended.
|
Costs of decree if defended.
|
|
Costs of dismiss.
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
£
|
s.
|
d.
|
|
1. Instructions for proceeding and including correspondence, filling and signing civil process and notice and copy for service
|
0
|
5
|
0
|
0
|
5
|
0
|
0
|
5
|
0
|
Instructions for defence including correspondence, notice of defence and copy for service
|
0
|
5
|
0
|
|
2. Drawing affidavit to ground civil process
|
0
|
1
|
0
|
0
|
1
|
0
|
0
|
1
|
0
|
--
|
--
|
|
3. Paid Commisioner's fee if affidavit sworn before a Commisioner for Oaths
|
0
|
3
|
0
|
0
|
3
|
0
|
0
|
3
|
0
|
--
|
--
|
|
4. Paid stamp on original civil process
|
0
|
2
|
0
|
0
|
2
|
0
|
0
|
2
|
0
|
--
|
--
|
|
5. Paid service
|
0
|
5
|
0
|
0
|
5
|
0
|
0
|
5
|
0
|
--
|
--
|
|
6. Instructions for hearing and preparing proofs
|
--
|
--
|
0
|
5
|
0
|
Instructions for hearing and preparing proofs for defence
|
0
|
3
|
0
|
|
7. Attending and conducting case at hearing
|
--
|
0
|
4
|
0
|
0
|
5
|
6
|
Attending and conducting defence at hearing
|
0
|
6
|
0
|
|
8. Drawing and signing decree
|
--
|
0
|
1
|
6
|
0
|
1
|
6
|
Drawing and signing dismiss
|
0
|
1
|
6
|
|
9. Paid stamp on decree
|
--
|
0
|
1
|
6
|
0
|
1
|
6
|
Paid stamp on dismiss
|
0
|
1
|
6
|
|
Total
|
£0
|
16
|
0
|
£1
|
3
|
0
|
£1
|
9
|
6
|
|
£0
|
17
|
6
|
|
|
|
SCHEDULE OF COSTS.
|
|
|
SOLICITORS' COSTS IN ORDINARY DEFAULT CASES.
|
|
|
In proceedings where the amount due at the date of issue of process and in case of a dismiss the amount sued for exceeds £2 and does not exceed £5.
|
|
|
|
|
|
|
|
Settled before entry.
|
Costs of decree if not defended.
|
Costs of decree if defended.
|
|
Costs of dismiss.
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
£
|
s.
|
d.
|
|
1. Instructions for proceeding and including correspondence, filling and signing civil process and notice and copy for service
|
0
|
8
|
6
|
0
|
8
|
6
|
0
|
8
|
6
|
Instructions for defence including correspondence, notice of defence and copy for service
|
0
|
10
|
0
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2. Drawing affidavit to ground civil process
|
0
|
5
|
0
|
0
|
6
|
6
|
0
|
6
|
6
|
--
|
--
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
3. Paid Commissioner's fee if affidavit sworn before a Commissioner for Oaths
|
0
|
3
|
0
|
0
|
3
|
0
|
0
|
3
|
0
|
--
|
--
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
4. Paid stamp on original civil process
|
0
|
2
|
0
|
0
|
2
|
0
|
0
|
2
|
0
|
--
|
--
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
5. Paid service
|
0
|
5
|
0
|
0
|
5
|
0
|
0
|
5
|
0
|
--
|
--
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
6. Instructions for hearing and preparing proofs
|
--
|
--
|
0
|
5
|
0
|
Instructions for hearing and preparing proofs for defence
|
0
|
5
|
0
|
|
7. Attending and conducting case at hearing
|
--
|
0
|
5
|
0
|
0
|
10
|
6
|
Attending and conducting defence at hearing
|
0
|
12
|
6
|
|
8. Drawing and signing decree
|
--
|
0
|
2
|
6
|
0
|
2
|
6
|
Drawing and signing dismiss
|
0
|
2
|
6
|
|
9. Paid stamp on decree
|
--
|
0
|
1
|
6
|
0
|
1
|
6
|
Paid stamp on dismiss
|
0
|
1
|
6
|
|
Total
|
£1
|
3
|
6
|
£1
|
14
|
0
|
£2
|
4
|
6
|
|
£1
|
11
|
6
|
|
|
|
SCHEDULE OF COSTS.
|
|
|
SOLICITORS' COSTS IN ORDINARY DEFAULT CASES.
|
|
|
In proceedings where the amount due at the date of issue of process and in case of a dismiss the amount sued for exceeds £5 and does not exceed £10.
|
|
|
|
|
|
|
|
Settled before entry.
|
Costs of decree if not defended.
|
Costs of decree if defended.
|
|
Costs of dismiss.
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
£
|
s.
|
d.
|
|
1. Instructions for proceeding and including correspondence, filling and signing civil process and notice and copy for service
|
0
|
10
|
0
|
0
|
10
|
0
|
0
|
10
|
0
|
Instructions for defence including correspondence, notice of defence and copy for service
|
0
|
15
|
0
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2. Drawing affidavit to ground civil process
|
0
|
5
|
0
|
0
|
7
|
6
|
0
|
7
|
6
|
--
|
--
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
3. Paid Commissioner's fee if affidavit sworn before a Commissioner for Oaths
|
0
|
3
|
0
|
0
|
3
|
0
|
0
|
3
|
0
|
--
|
--
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
4. Paid stamp on original civil process
|
0
|
2
|
0
|
0
|
2
|
0
|
0
|
2
|
0
|
--
|
--
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
5. Paid service
|
0
|
5
|
0
|
0
|
5
|
0
|
0
|
5
|
0
|
--
|
--
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
6. Instructions for hearing and preparing proofs
|
--
|
--
|
0
|
7
|
6
|
Instructions for hearing and preparing proofs for defence
|
0
|
7
|
6
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
7. Attending and conducting case at hearing
|
--
|
0
|
7
|
6
|
0
|
17
|
6
|
Attending and conducting defence at hearing
|
0
|
17
|
6
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
8. Drawing and signing decree
|
--
|
0
|
2
|
6
|
0
|
2
|
6
|
Drawing and signing dismiss
|
0
|
2
|
6
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
9. Paid stamp on decree
|
--
|
0
|
1
|
6
|
0
|
1
|
6
|
Paid stamp on dismiss
|
0
|
1
|
6
|
|
Total
|
£1
|
5
|
0
|
£1
|
19
|
0
|
£2
|
16
|
6
|
|
£2
|
4
|
0
|
|
|
|
SCHEDULE OF COSTS.
|
|
|
SOLICITORS' COSTS IN ORDINARY DEFAULT CASES.
|
|
|
In proceedings where the amount due at the date of issue of process and in case of a dismiss the amount sued for exceeds £10 and does not exceed £25.
|
|
|
|
|
|
|
|
Settled before entry.
|
Costs of decree if not defended.
|
Costs of decree if defended.
|
|
Costs of dismiss.
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
£
|
s.
|
d.
|
|
1. Instructions for proceeding and including correspondence, filling and signing civil process and notice and copy for service
|
0
|
15
|
0
|
0
|
15
|
0
|
0
|
15
|
0
|
Instructions for defence including correspondence, notice of defence and copy for service
|
0
|
15
|
0
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2. Drawing affidavit to ground civil process
|
0
|
5
|
6
|
0
|
12
|
6
|
0
|
12
|
6
|
--
|
--
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
3. Paid Commissioner's fee if affidavit sworn before a Commissioner for Oaths
|
0
|
3
|
0
|
0
|
3
|
0
|
0
|
3
|
0
|
--
|
--
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
4. Paid stamp on original civil process
|
0
|
2
|
0
|
0
|
2
|
0
|
0
|
2
|
0
|
--
|
--
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
5. Paid service
|
0
|
5
|
0
|
0
|
5
|
0
|
0
|
5
|
0
|
--
|
--
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
6. Instructions for hearing and preparing proofs
|
--
|
--
|
0
|
10
|
0
|
Instructions for hearing and preparing proofs for defence
|
0
|
17
|
6
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
7. Attending and conducting case at hearing
|
--
|
0
|
12
|
0
|
1
|
4
|
0
|
Attending and conducting defence at hearing
|
1
|
5
|
0
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
8. Drawing and signing decree
|
--
|
0
|
2
|
6
|
0
|
2
|
6
|
Drawing and signing dismiss
|
0
|
2
|
6
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
9. Paid stamp on decree
|
--
|
0
|
1
|
6
|
0
|
1
|
6
|
Paid stamp on dismiss
|
0
|
1
|
6
|
|
Total
|
£1
|
10
|
6
|
£2
|
13
|
6
|
£3
|
15
|
6
|
|
£3
|
1
|
6
|
|
|
|
SCHEDULE OF COSTS.
|
|
|
SOLICITORS' COSTS IN ORDINARY DEFAULT CASES.
|
|
|
In proceedings where the amount due at the date of issue of process and in case of a dismiss the amount sued for exceeds £25 and does not exceed £50.
|
|
|
|
|
|
|
|
Settled before entry.
|
Costs of decree if not defended.
|
Costs of decree if defended.
|
|
Costs of dismiss.
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
£
|
s.
|
d.
|
|
1. Instructions for proceeding and including correspondence, filling and signing civil process and notice and copy for service
|
1
|
10
|
0
|
1
|
10
|
0
|
1
|
10
|
0
|
Instructions for defence including correspondence, notice of defence and copy for service
|
1
|
10
|
0
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2. Drawing affidavit to ground civil process
|
0
|
12
|
6
|
0
|
15
|
0
|
0
|
15
|
0
|
--
|
--
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
3. Paid Commissioner's fee if affidavit sworn before a Commissioner for Oaths
|
0
|
3
|
0
|
0
|
3
|
0
|
0
|
3
|
0
|
--
|
--
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
4. Paid stamp on original civil process
|
0
|
2
|
0
|
0
|
2
|
0
|
0
|
2
|
0
|
--
|
--
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
5. Paid service
|
0
|
5
|
0
|
0
|
5
|
0
|
0
|
5
|
0
|
--
|
--
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
6. Instructions for hearing and preparing proofs
|
--
|
--
|
1
|
10
|
0
|
Instructions for hearing and preparing proofs for defence
|
1
|
15
|
0
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
7. Attending and conducting case at hearing
|
--
|
0
|
17
|
6
|
1
|
10
|
0
|
Attending and conducting defence at hearing
|
1
|
10
|
0
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
8. Drawing and signing decree
|
--
|
0
|
5
|
0
|
0
|
5
|
0
|
Drawing and signing dismiss
|
0
|
5
|
0
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
9. Paid stamp on decree
|
--
|
0
|
1
|
6
|
0
|
1
|
6
|
Paid stamp on dismiss
|
0
|
1
|
6
|
|
Total
|
£2
|
12
|
6
|
£3
|
19
|
0
|
£6
|
1
|
6
|
|
£5
|
1
|
6
|
|
|
|
SCHEDULE OF COSTS.
|
|
|
SOLICITORS' COSTS IN CASES OF SPECIAL DEFAULT CIVIL PROCESS.
|
|
|
|
|
|
|
|
If debt paid within 10 days of service of process.
|
If claim admitted by notice and offer as to payment accepted.
|
If no notice served.
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
Where amount due at date of issue of process does not exceed £2
|
Costs will be
|
0
|
12
|
6
|
0
|
17
|
6
|
1
|
2
|
0
|
|
Where said amount does not exceed £5
|
" "
|
0
|
17
|
6
|
1
|
6
|
6
|
1
|
12
|
6
|
|
" " " " £10
|
" "
|
1
|
0
|
6
|
1
|
13
|
0
|
1
|
17
|
6
|
|
" " " " £25
|
" "
|
1
|
10
|
6
|
2
|
13
|
6
|
3
|
4
|
6
|
|
" " " " £50
|
" "
|
2
|
0
|
6
|
3
|
3
|
6
|
3
|
14
|
6
|
|
|
|
If the Special Default Process be defended the costs of the successful party shall be in accordance with the appropriate ordinary default scale.
|
|
|
Where no notice of intention to defend or of admission has been served and the case is placed in the Court List by direction of the Justice the Plaintiff's costs as above stated may, in the discretion of the Justice, be increased by a sum not exceeding 10s.
|
|
|
Where either of such notices is served the Plaintiff's costs above stated shall be reduced by the sum of 3s. if the affidavit of debt has not been sworn before a Commissioner for Oaths.
|
|
|
SCHEDULE OF COSTS.
|
|
|
SOLICITORS' COSTS IN EJECTMENT CASES.
|
|
|
In proceedings where the Rent does not exceed £27 per annum.
|
|
|
|
|
|
|
|
Settled before entry.
|
Costs of decree if not defended.
|
Costs of decree if defended.
|
|
Cost of dismiss.
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
£
|
s.
|
d.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
1. Instructions for proceeding and including correspondence, filling and signing Ejectment Civil Process and copy for service
|
0
|
16
|
0
|
1
|
1
|
0
|
1
|
1
|
0
|
Instructions for defence including correspondence and all other necessary steps
|
0
|
17
|
6
|
|
2. Drawing Notice to Quit and necessary copies and service thereof
|
0
|
2
|
0
|
0
|
2
|
0
|
0
|
2
|
0
|
--
|
--
|
|
3. Paid stamp on Ejectment Civil Process
|
0
|
3
|
0
|
0
|
3
|
0
|
0
|
3
|
0
|
--
|
--
|
|
4. Paid service
|
0
|
4
|
0
|
0
|
4
|
0
|
0
|
4
|
0
|
--
|
--
|
|
5. Instructions for hearing and preparing proofs
|
--
|
0
|
7
|
0
|
0
|
10
|
0
|
Instructions for hearing and preparing proofs
|
0
|
15
|
0
|
|
6. Attending and conducting case at hearing
|
--
|
0
|
7
|
6
|
0
|
17
|
6
|
Attending and conducting defence
|
0
|
17
|
6
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
7. Drawing and signing decree
|
--
|
0
|
2
|
6
|
0
|
2
|
6
|
Drawing and signing dismiss
|
0
|
2
|
6
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
8. Stamp on decree
|
--
|
0
|
3
|
0
|
0
|
3
|
0
|
Stamp on dismiss
|
0
|
3
|
0
|
|
Total
|
£1
|
5
|
0
|
£2
|
10
|
0
|
£3
|
3
|
0
|
|
£2
|
15
|
6
|
|
|
|
The above scale of costs shall not apply to ejectment cases brought the Court on summons pursuant to the provisions of section 15 of the Summary Jurisdiction (Ireland) Act, 1851, section 10 of the Summary Jurisdiction (Ireland) Amendment Act, 1871, or sections 81, 84, 85 or 86 of the Landlord and Tenant (Ireland) Act, 1860. In such cases costs shall be in the discretion of the Justice and shall not exceed £2 10s. od. in any case, unless the Justice for special reason shall otherwise order.
|
|
|
SCHEDULE OF COSTS.
|
|
|
SOLICITORS' COSTS IN EJECTMENT CASES.
|
|
|
In proceedings where the Rent exceeds £27 and does not exceed £53 per annum.
|
|
|
|
|
|
|
|
Settled before entry.
|
Costs of decree if not defended.
|
Costs of decree if defended.
|
|
Cost of dismiss.
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
£
|
s.
|
d.
|
|
1. Instructions for proceeding and including correspondence, filling and signing Ejectment Civil Process and copy for service
|
1
|
0
|
0
|
1
|
10
|
0
|
1
|
10
|
0
|
Instructions for defence including correspondence and all other necessary steps
|
1
|
10
|
6
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2. Drawing Notice to Quit and necessary copies and service thereof
|
0
|
7
|
6
|
0
|
7
|
6
|
0
|
7
|
6
|
--
|
--
|
|
3. Paid stamp on Ejectment Civil Process
|
0
|
3
|
0
|
0
|
3
|
0
|
0
|
3
|
0
|
--
|
--
|
|
4. Paid service
|
0
|
4
|
0
|
0
|
4
|
0
|
0
|
4
|
0
|
--
|
--
|
|
5. Instructions for hearing and preparing proofs
|
--
|
0
|
15
|
0
|
1
|
0
|
0
|
Instructions for hearing and preparing proofs
|
1
|
0
|
0
|
|
6. Attending and conducting case at hearing
|
--
|
1
|
10
|
0
|
2
|
0
|
0
|
Attending and conducting defence
|
2
|
0
|
0
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
7. Drawing and signing decree
|
--
|
0
|
5
|
0
|
0
|
5
|
0
|
Drawing and signing dismiss
|
0
|
5
|
0
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
8. Stamp on decree
|
--
|
0
|
3
|
0
|
0
|
3
|
0
|
Stamp on dismiss
|
0
|
3
|
0
|
|
Total
|
£1
|
14
|
6
|
£4
|
17
|
6
|
£5
|
12
|
6
|
|
£4
|
18
|
0
|
|
|
|
The above scale of costs shall not apply to ejectment cases brought the Court on summons pursuant to the provisions of section 15 of the Summary Jurisdiction (Ireland) Act, 1851, section 10 of the Summary Jurisdiction (Ireland) Amendment Act, 1871, or sections 81, 84, 85 or 86 of the Landlord and Tenant (Ireland) Act, 1860. In such cases shall be in the discretion of the Justice and shall not exceed £2 10s. od. in any case, unless the Justice for special reason shall otherwise order.
|
|
|
SCHEDULE OF COSTS.
|
|
|
PROCEEDINGS BY GOVERNMENT DEPARTMENTS.
|
|
|
The Costs of Decree in the foregoing Scales of Costs in the case of an ordinary civil process shall apply to any proceeding at the suit of the Attorney General or any Minister of State or Government Department.
|
|
|
RATES SUMMONSES.
|
|
|
In summary proceedings brought by summons for the recovery of rates the following scale of Solicitors' costs in addition to the fee paid for service of the summons may be applied, subject to the discretion of the Justice:--
|
|
|
|
|
|
|
Amount sued for.
|
Costs before entry.
|
Costs after entry.
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
Not exceeding £2
|
0
|
7
|
6
|
0
|
12
|
6
|
|
Exceeding £2 and not exceeding £5
|
0
|
9
|
0
|
1
|
2
|
0
|
|
" £5 " " " £10
|
0
|
12
|
6
|
1
|
8
|
6
|
|
" £10 " " " £25
|
0
|
17
|
6
|
1
|
16
|
0
|
|
" £25 " " "
|
1
|
0
|
0
|
2
|
2
|
0,
|
|
|
|
|
|
or such greater sum as the Justice shall think proper.
|
|
|
|
ACTION TRANSFERRED FROM THE HIGH COURT TO THE DISTRICT COURT.
|
|
|
A Plaintiff in succeeding in such action shall be entitled to no greater costs than would have been allowed him under the foregoing scales if the suit had been instituted in the District Court. A successful Defendant will be entitled, in addition to the scales of costs set out above, to a minimum sum of £7 7s. od., or such greater sum as the Justice may in the circumstances think fit.
|
|
|
MISCELLANEOUS COSTS.
|
|
|
The items in this scale shall be chargeable in addition to the charges in the other scales in this Schedule.
|
|
|
|
|
|
|
£
|
s.
|
d.
|
|
Each additional copy of a Civil Process necessarily served after the first and to include the fee paid for service
|
0
|
8
|
0
|
|
Attendance at District Court office for the purpose of issuing a Witness Summons, if the Justice is satisfied that the outlay incurred was necessary, in addition to outlay
|
0
|
7
|
6
|
|
Attendance in Court, not otherwise provided for, where allowed by the Justice, not exceeding
|
0
|
15
|
0
|
|
Any other outlay properly and necessarily incurred, as allowed by the Justice
|
|
|
|
|
|
|
COUNSEL'S FEES.
|
|
|
(1) The allowance of Counsel's fees shall be in the discretion of the Justice.
|
|
|
(2) Subject to paragraph (1)--
|
|
|
A. In any defended case of contract, or breach of contract, or tort:--
|
|
|
To Plaintiff's Counsel when the amount recovered, or to Defendant's Counsel when the amount claimed, does not exceed £5, and the Justice is satisfied that there are questions of importance involved which render it reasonable that Counsel should be employed, a fee of £1 1s. od.
|
|
|
To Plaintiff's Counsel when the amount recovered, or to Defendant's Counsel when the amount claimed, exceeds £5 but does not exceed £25, and the Justice is satisfied that there are questions of importance involved which render it reasonable that Counsel should be employed, a fee of £1 1s. od. or £2 2s. od. as the Justice may think fit.
|
|
|
To Plaintiff's Counsel when the amount recovered, or to Defendant's Counsel when the amount claimed, exceeds £25 but does not exceed £50, and the Justice is satisfied that there are questions of importance involved which render it reasonable that Counsel should be employed, a fee of £2 2s. od. or £3 3s. od. as the Justice may think fit.
|
|
|
B. In any defended ejectment for overholding or non-payment of rent:--
|
|
|
To Plaintiff's or Defendant's Counsel a fee of £1 1s. od.
|
|
|
To Plaintiff's or Defendant's Counsel, when, in the opinion of the Justice, questions of importance are involved, a fee of £2 2s. od. or £3 3s. od. as the Justice may think fit.
|
|
|
The above scale of fees shall not be applicable to an ejectment proceeding brought under any summary jurisdiction, in which case Counsel's fee, if allowed, shall be £1 1s. od.
|
|
|
|
