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S.I. No. 279/1964 -- District Court (Costs) Rules, 1964

S.I. No. 279/1964 -- District Court (Costs) Rules, 1964 1964 279

S.I. No. 279/1964:

DISTRICT COURT (COSTS) RULES, 1964

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 48 of the Courts (Supplemental Provisions) Act, 1961 , and with the concurrence of the Minister for Justice, do hereby make the following Rules :--

1. These Rules may be cited as the District Court (Costs) Rules, 1964.

2. These Rules shall come into operation on the 1st day of January, 1965, and shall be read together with the Principal Rules and all other District Court Rules for the time being in force.

3. In these Rules " the Principal Rules " means the District Court Rules, 1948 ( S. R. & O. No. 431 of 1947 ).

4.--(1) The costs to be awarded in proceedings instituted in the District Court on or after the 1st day of January, 1965, shall be in accordance with the costs set out in the Schedule hereto.

(2) The Scales of Costs set out in the Schedule hereto shall be substituted, as may be appropriate, for those set out in the following Schedules of Costs which 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 :--

(a) The Schedule of Costs annexed to the District Court Rules (No. 2), 1962 ( S.I. No. 8 of 1962 ).

(b) The Schedule of Costs annexed to the District Court (Costs) Rules, 1962 ( S.I. No. 206 of 1962 ).

(c) The Third Schedule to the District Court (Summary Judgment) Rules, 1963 ( S.I. No. 213 of 1963 ).

Dated this 7th day of December, 1964.

Cathal Ó Floinn, Chairman	W.A. Osborne
Denis P. O'Donovan	P.J. Geraghty
John Farrell	Andrew Eddery
Richard Knight

I concur in the making of the foregoing Rules.

Dated this 7th day of December, 1964.

Brian Lenihan

Minister for Justice.

SCHEDULE OF COSTS

SOLICITORS' COSTS IN SUMMARY JUDGMENT PROCEEDINGS

Amount due at the date of issue of 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
	£	s.	d.	£	s.	d.
Not exceeding £2		5	7		11	2
Exceeding £2 and not exceeding £5		8	5	1	3	0
" £5 " " " £10		14	0	1	10	10
" £10 " " " £25	1	2	5	2	2	0
" £25 " " " £50	1	13	7	3	1	7
" £50 " " " £75	2	10	7	4	6	3
" £75 " " " £100	2	13	2	4	12	5

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 and breach of contract scale

SCHEDULE OF COSTS

SOLICITORS' COSTS IN CONTRACT AND BREACH OF CONTRACT PROCEEDINGS

Amount due at the date of issue of civil process, and in case of dismiss the amount sued for	Settléd before entry			Costs of decree if case not defended			Costs of decree if case defended			Costs of Dismiss
	£	s.	d.	£	s.	d.	£	s.	d.	£	s.	d.
Not exceeding £2		5	7		14	0		17	4		17	4
Exceeding £2 and not exceeding £5		8	5	1	10	10	1	16	5	1	13	7
" £5 " " " £10		14	0	2	4	10	2	13	2	2	10	5
" £10 " " " £25	1	2	5	3	1	7	3	12	10	3	7	3
" £25 " " " £50	1	13	7	4	15	3	7	0	1	6	8	10
" £50 " " " £75	2	10	5	6	2	8	8	7	5	8	1	10
" £75 " " " £100	2	13	2	6	12	2	9	2	7	8	17	0

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 TORT PROCEEDINGS

Sum awarded, and in case of a dismiss the claim	Settled before entry			Costs of decree if case not defended			Costs of decree if case defended			Costs of Dismiss
	£	s.	d.	£	s.	d.	£	s.	d.	£	s.	d.
Not exceeding £2		5	7	1	1	10	1	7	5	1	5	3
Exceeding £2 and not exceeding £10		19	7	2	10	5	2	18	10	2	13	2
" £10 " " " £25	1	8	0	4	4	0	7	0	0	6	14	5
" £25 " " " £50	1	19	2	5	17	7	9	4	10	8	19	3

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 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 Dismiss
	£	s.	d.	£	s.	d.	£	s.	d.	£	s.	d.
*Not exceeding £27	1	5	2	2	16	0	3	10	0	2	18	10
Exceeding £27 and not exceeding £53	1	13	7	5	6	5	6	6	0	5	14	10

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 the provisions of section 15 of the Summary Jurisdiction (Ireland) Act, 1851, section 10 of the Summary Jurisdiction (Ireland) Amendment Act, 19871, or section 81, 84, 85 or 86 of the Landlord and Tenant (Ireland) Act, 1860. In such proceedings costs shall be in the discretion of the Justice and shall not exceed £2 11s. 6d. in any case, unless the Justice 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 the provisions of 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 INSTALLMENT ORDERS

Amount due	Costs
		£	s.	d.
Not exceeding £5		1	3	6
Exceeding £5 and not exceeding £10		1	15	3
" £10 " " " £25		2	18	10
" £25 " " " £50		3	10	7
" £50 " " " £100		4	14	2
" £100	{	5	17	7
	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
	£	s.	d.	£	s.	d.
Not exceeding £2		6	2		11	9
Exceeding £2 and not exceeding £5		7	11	1	2	5
" £5 " " " £10		11	9	1	9	8
" £10 " " " £10		19	7	2	1	5
" £25 " " " £50	1	2	5	2	10	5
" £50 " " " £100	1	5	2	3	1	7
" £100	1	8	0	4	4	0

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

SCHEDULE OF COSTS

PROCEEDINGS FOR DETINUE

In actions for wrongful detention brought by virtue of section 33, subsection (3) of the Courts (Supplemental Provisions) Act, 1961 , the costs awarded shall be on the Tort Scale according to the value of the goods as determined by the Court. This provision shall not apply to proceedings for wrongful detention arising out of a hire purchase transaction, in which proceedings the costs shall be in accordance with the Contract Scale.

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.

ACTIONS 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 £9 8s. 2d. or such greater sum as the Justice may in the circumstances think fit.

SCHEDULE OF COSTS

COUNSEL'S FEES

The Court shall have discretion as to the award of Counsel's fees and the scale hereunder is intended to operate in those cases where the Court considers it proper that Counsel should have been employed.

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,

	£	s.	d.
(i) does not exceed £25	2	2	0
(ii) exceeds £25, but does not exceed £50	3	3	0
(iii) exceeds £50	4	4	0

B. In any defended ejectment for overholding or non-payment of rent ;

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

	£	s.	d.
(i) does not exceed £27	2	2	0
(ii) exceeds £27	3	3	0

C. 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.

D. The allowance of Counsel's fees in proceedings under the Rent Restrictions Act, 1960 , shall be in the discretion of the Justice.

SCHEDULE OF COSTS

MISCELLANEOUS COSTS

	£	s.	d.
Drawing each additional copy of a civil process necessarily served after the first		4	6
Drawing witness summons and copies thereof, attending at District Court office for the purpose of issuing same and correspondence as to service		11	2
Attendance in Court, not otherwise provided for, where allowed by the Justice, not exceeding		16	10

The above Scale of Costs shall be chargeable in addition to the charges in the other Scales in this Schedule.

EXPLANATORY NOTE

These Rules, which come into operation on the 1st January, 1965, provide for an increase of twelve per cent in solicitors' costs in the District Court. The Scales of Costs prescribed in the Rules replace those set out in (a) The Schedule of Costs annexed to the District Court Rules (No. 2), 1962, (b) The Schedule of Costs annexed to the District Court (Costs) Rules, 1962, and (c) The Third Schedule to the District Court (Summary Judgment) Rules, 1963, which are annulled by Rule 4 of these Rules.