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S.I. No. 218/1982 -- District Court (Costs) Rules, 1982.

S.I. No. 218/1982 -- District Court (Costs) Rules, 1982. 1982 218

S.I. No. 218/1982:

DISTRICT COURT (COSTS) RULES, 1982.

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 (Costs) Rules, 1982.

2. These Rules shall come into operation on the 19th day of July, 1982 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 19th day of July, 1982 shall be in accordance with the scales of costs set out in the schedule of costs annexed to these Rules.

4. The District Court (Costs) Rules, 1979 ( S.I. No. 370 of 1979 ) 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.

GIVEN this 21st day of June, 1982.

T. F. DONNELLY, Chairman

M. CYRIL MAGUIRE

WILLIAM A. TORMEY

THELMA KING

SEÁN McMULLIN

SÉAMUS S. Ó CATHASAIGH, Secretary

I concur in the making of the foregoing Rules.

Dated this 9th day of July, 1982.

SEÁN DOHERTY,

Minister for Justice.

SCHEDULE OF COSTS

SOLICITORS' COSTS IN SUMMARY JUDGEMENT 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
	£	£
Not exceeding £10	2.00	5.00
Exceeding £10 and not exceeding £25	3.00	6.00
Exceeding £25 and not exceeding £50	5.00	9.00
Exceeding £50 and not exceeding £75	7.00	13.00
Exceeding £75 and not exceeding £100	8.00	14.00
Exceeding £100 and not exceeding £175	9.00	16.00
Exceeding £175 and not exceeding £250	11.00	19.00
Exceeding £250 and not exceeding £2,500	£11.00 + 1½% of the amount in excess of £250	£19.00 + 3% of the amount in excess of £250

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, and in case of dismiss the amount sued for	Settled before entry	Costs of decree if case not defended	Costs of decree if case defended	Costs of dismiss
	£	£	£	£
Not exceeding £10	3.00	7.00	9.00	8.00
Exceeding £10 and not exceeding £25	4.00	12.00	20.00	20.00
Exceeding £25 and not exceeding £50	6.00	17.00	27.00	26.00
Exceeding £50 and not exceeding £75	7.00	22.00	34.00	30.00
Exceeding £75 and not exceeding £100	9.00	28.00	40.00	37.00
Exceeding £100 and not exceeding £175	14.00	40.00	59.00	56.00
Exceeding £175 and not exceeding £250	19.00	49.00	82.00	72.00
Exceeding £250 and not exceeding £400	25.00	60.00	100.00	100.00
Exceeding £400 and not exceeding £1,500	25.00	60.00	100.00	100.00
	+	+	+	+
	3.75% of the excess over £400	9% of the excess over £400	15% of the excess over £400	15% of the excess over £400
Exceeding £1,500 and not exceeding £2,500	66.25	159.00	265.00	265.00
	+	+	+	+
	2.5% of the excess over £1,500	6% of the excess over £1,500	10% of the excess over £1,500	10% of the excess over £1,500

The above scale of costs shall in every instance be exclusive of an 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 dismiss
	£	£	£	£
Not exceeding £27	4.00	8.00	10.00	9.00
Exceeding £27 and not exceeding £53	5.00	16.00	18.00	17.00
Exceeding £53 and not exceeding £100	7.00	30.00	35.00	33.00
Exceeding £100 and not exceeding £175	11.00	37.00	58.00	51.00
Exceeding £175 and not exceeding £250	14.00	44.00	70.00	58.00
Exceeding £250 and not exceeding £300	18.00	54.00	82.00	75.00
Exceeding £300 and not exceeding £2,500	18.00	54.00	82.00	75.00
	+	+	+	+
	1.25% on each complete £100 rent in excess of £300	3% on each complete £100 rent in excess of £300	5% on each complete £100 rent in excess of £300	5% on each complete £100 rent in excess of £300

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 £5	3.00
Exceeding £5 and not exceeding £10	5.00
Exceeding £10 and not exceeding £25	9.00
Exceeding £25 and not exceeding £50	10.00
Exceeding £50 and not exceeding £100	14.00
Exceeding £100	17.00
	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 exceeding £2	1.00	2.00
Exceeding £2 and not exceeding £5	1.00	3.00
Exceeding £5 and not exceeding £10	2.00	4.00
Exceeding £10 and not exceeding £25	3.00	6.00
Exceeding £25 and not exceeding £50	3.00	7.00
Exceeding £50 and not exceeding £100	4.00	9.00
Exceeding £100	4.00	12.00

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

	£
Drawing each additional copy of a civil process necessarily served after the first	0.71
Drawing witness summons and copies thereof, attending at District Court Office for the purpose of issuing same and correspondence as to service	1.64
Attending in Court, not otherwise provided for, where allowed by the Judge, not exceeding	2.45
Service of document to be served by registered post	0.35

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 him under the foregoing scales if the action had been instituted in the District Court. A successful defendant will be entitled, in addition to the costs allowed him under the foregoing scales, to a minimum sum of £27.41 or such greater sum as the Court may in the circumstances think fit.

EXPLANATORY NOTE

These Rules, which come into operation on 19th July, 1982 provide for revised scales of solicitors' costs in the District Court. The scales of costs set out in the Schedule to the Rules replace the scales of solicitors' costs set out in the schedule of costs to the District Court (Costs) Rules, 1979 ( S.I. No. 370 of 1979 ). The new scales cover the increased jurisdiction of the District Court under the Courts Act, 1981 (No. 11 of 1981 ). The Minister for Trade, Commerce and Tourism 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 power to regulate the fees dealt with in the Rules.