S.I. No. 118/1967 -- Circuit Court Rules (No. 2), 1967
1967
118
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S.I. No. 118/1967:
CIRCUIT COURT RULES (No. 2), 1967
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CIRCUIT COURT RULES (No. 2), 1967
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We, the Circuit Court Rules Committee, constituted pursuant to the provisions of section 69 of the Courts of Justice Act, 1936 , and section 12 of the Courts of Justice Act, 1947 , by virtue of the powers conferred upon us by section 66 of the Courts of Justice Act, 1924 , and section 70 of the Courts of Justice Act, 1936 , and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice, make the annexed Rules of Court.
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Dated the 24th day of April, 1967
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J. C. Conroy
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James I. McGuire
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Pádraic Boyd
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Joseph P. Tyrrell
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Micheál Ó Cléirigh
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Eunan McCarron
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I concur in the making of the annexed Rules of Court.
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Dated this 8th day of May, 1967.
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BRIAN LENIHAN,
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Minister for Justice.
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CIRCUIT COURT RULES (No. 2), 1967
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These Rules, which may be cited as the Circuit Court Rules (No. 2), 1967, shall come into operation on the 22nd day of May, 1967. The Schedule entitled " Third Schedule " to the Circuit Court Rules, 1954 ( S.I. No. 212 of 1954 ) as amended by the Circuit Court Rules, 1955 ( S.I. No. 1 of 1955 ) is hereby revoked and Schedule I and Schedule II to these Rules shall be substituted therefor.
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SCHEDULE I
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SOLICITORS COSTS IN CIRCUIT COURT
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PART I
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COSTS IN ACTIONS IN CONTRACT AND TORT
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Plaintiff's Costs
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Where (1) the amount recovered or (2) the value of specific chattels recovered or (3) in the case of a dismiss, the amount or value of chattels sued for :
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Defendant's Costs
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exceeds £50 but does not exceed £100
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exceeds £100 but does not exceed £300
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exceeds £300
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(1)
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(2)
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(3)
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Section A
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Section B
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Section C
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£
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s.
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d.
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£
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s.
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d.
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£
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s.
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d.
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1. Drawing civil bill and copy for service
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3
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2
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6
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4
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0
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0
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5
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0
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0
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Entering appearance and defence.
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2. Extra copy civil bill where there is more than one defendant
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5
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0
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5
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0
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5
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0
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--
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3. Entering civil bill
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12
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6
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12
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6
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15
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0
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--
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4. Instructions for hearing or settlement, preparing proofs and attending on witnesses, to include perusing defence and other necessary documents
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Discretionary
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Discretionary
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Discretionary
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Instructions for hearing or settlement, preparing proofs and attendance on witnesses, to include perusing all necessary documents.
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5. Notice of trial
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15
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0
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15
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0
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17
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6
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Notice of trial (if not served by plaintiff).
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Plaintiff's Costs
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Where (1) the amount recovered or (2) the value of specific chattels recovered or (3) in the case of a dismiss, the amount or value of chattels sued for :
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Defendant's Costs
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exceeds £50 but does not exceed £100
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exceeds £100 but does not exceed £300
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exceeds £300
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(1)
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(2)
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(3)
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Section A
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Section B
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Section C
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£
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s.
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d.
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£
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s.
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d.
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£
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s.
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d.
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6. Attending Court when case in list but not reached
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1
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5
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0
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1
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5
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0
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1
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5
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0
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Attending Court when case in list but not reached.
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7. For each day or part of a day of the hearing
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3
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10
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0
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4
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0
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0
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5
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10
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0
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For each day or part of a day of the hearing.
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8. Attending to hear a reserved judgment
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15
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0
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1
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0
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0
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1
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5
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0
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Attending to hear a reserved judgment.
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9. Entering judgment
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1
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0
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0
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1
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0
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0
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1
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0
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0
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Entering judgment dismissing action.
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10. Counsel's brief (if prepared)
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1
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15
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0
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2
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0
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0
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2
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5
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0
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or, at the option of the solicitor, draft brief 1/- per folio, copy brief 6d. per folio, of matter properly included.
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or, at the option of the solicitor, draft brief 1/3d. per folio, copy brief 6d. per folio, of matter properly included.
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PART II
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COSTS IN HIRE-PURCHASE AND CREDIT SALE ACTIONS
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Costs in actions (1) for recovery of possession of chattels let under hire-purchase agreements and (2) for payment of sums due under hire-purchase or credit sale agreements
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Plaintiff's Costs
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Where (1) in the case of an action for the specific recovery of a chattel, the amount of the instalments due and unpaid under the agreement at the date of the commencement of the proceedings or (2) the amount recovered, or, in the case of a dismiss, the amount sued for :
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Defendant's Costs
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exceeds £100 but does not exceed £300
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exceeds £300 but does not exceed £600
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exceeds £600
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(1)
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(2)
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(3)
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£
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s.
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d.
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£
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s.
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d.
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£
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s.
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d.
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1. Drawing civil bill and copy for service
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3
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7
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6
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3
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10
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0
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5
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0
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0
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Entering appearance and defence.
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2. Each extra copy of civil bill where more than one defendant
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5
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0
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5
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0
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5
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0
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--
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3. Entering civil bill
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12
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6
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15
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0
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15
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0
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--
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4. Instructions for motion to Court for judgment in default of appearance or defence, to include drawing and filing all necessary affidavits and attending Court on motion
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3
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2
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6
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4
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0
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0
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4
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0
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0
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Instructions for motion to Court for judgment in default of appearance or defence, to include drawing and filing all necessary affidavits and attending Court on motion.
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5. Counsel's brief on motion (if prepared)
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1
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0
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0
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1
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5
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0
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1
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10
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0
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Counsel's brief on motion (if prepared).
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6. Perusing defence, instructions for hearing or settlement, preparing proofs and attendance on witness
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Discretionary
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Discretionary
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Discretionary
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Instructions for hearing or settlement, preparing proofs and attendance on witnesses.
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Plaintiff's Costs
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Where (1) in the case of an action for the specific recovery of a chattel, the amount of the instalments due and unpaid under the agreement at the date of the commencement of the proceedings or (2) the amount recovered, or, in the case of a dismiss, the amount sued for :
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Defendant's Costs
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exceeds £100 but does not exceed £300
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exceeds £300 but does not exceed £600
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exceeds £600
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(1)
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(2)
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(3)
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£
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s.
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d.
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£
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s.
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d.
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£
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s.
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d.
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7. Notice of trial
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15
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0
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15
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0
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17
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6
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Notice of trial (if not served by plaintiff).
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8. Attending Court when case in list but not reached
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1
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5
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0
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1
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5
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0
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1
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10
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0
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Attending Court when case in list but not reached.
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9. For each day or part of a day of the hearing
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4
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0
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0
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5
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10
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0
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6
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0
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0
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For each day or part of a day of the hearing.
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10. Attending to hear a reserved judgment
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15
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0
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15
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0
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1
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5
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0
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Attending to hear a reserved judgment.
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11. Entering judgment
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1
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0
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0
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1
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0
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0
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1
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10
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0
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Entering judgment.
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12. Counsel's brief on trial (if prepared)
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2
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0
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0
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3
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10
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0
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5
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0
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0
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Counsel's brief on trial (if prepared).
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or, at the option of the solicitor, draft brief 1/3d. per folio, copy brief 9d. per folio, of matter properly included.
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or, at the option of the solicitor, draft brief 1/3d. per folio, copy brief 9d. per folio, of matter properly included
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PART III
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COSTS WHERE JUDGMENT IS ENTERED IN THE OFFICE BY DEFAULT OR ON CONSENT.
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Where the amount due at date of issue of the Civil Bill:
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exceeds £50 but does not exceed £75
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exceeds £75 but does not exceed £100
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exceeds £100 but does not exceed £300
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exceeds £300 but does not exceed £400
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exceeds £400 but does not exceed £500
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exceeds £500
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(1)
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(2)
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(3)
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(4)
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(5)
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(6)
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£
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s.
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d.
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£
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s.
|
d.
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£
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s.
|
d.
|
£
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s.
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d.
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£
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s.
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d.
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£
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s.
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d.
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1. By default of appearance or on consent
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4
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10
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0
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5
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0
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0
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6
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2
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6
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7
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7
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6
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8
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12
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6
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9
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12
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6
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2. By default of Defense
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5
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0
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0
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5
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5
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0
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6
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15
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0
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8
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0
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0
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9
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5
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0
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10
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5
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0
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PART IV
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COSTS OF EJECTMENT PROCEEDINGS FOR NON-PAYMENT OF RENT OR FOR OVERHOLDING OR OF A DISMISS IN SUCH PROCEEDINGS
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Plaintiff's Costs
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Where rent exceeds £53 per annum but does not exceed £75 per annum
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Where rent exceeds £75 per annum but does not exceed £150 per annum
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Where rent exceeds £150 per annum
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Defendant's Costs
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(1)
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(2)
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(3)
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£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
|
1. Drawing civil bill and copy for service
|
2
|
0
|
0
|
3
|
0
|
0
|
4
|
0
|
0
|
Instructions and entering appearance and defence.
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|
2. Drawing notice to quit and necessary copies and service thereof
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10
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0
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10
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0
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10
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0
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3. Extra copy of civil bill where required
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3
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0
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3
|
0
|
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3
|
0
|
|
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4. Entering civil bill
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10
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0
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|
12
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6
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15
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0
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5. Motion for judgment, including notice, affidavits, copies, service and filing
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3
|
0
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0
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3
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10
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0
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4
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0
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0
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|
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6. Instructions for hearing or settlement, preparing proofs and attendance on witnesses, to include perusing defence and all necessary documents
|
Discretionary
|
Discretionary
|
Discretionary
|
Instructions for hearing or settlement, preparing proofs and attendance on witnesses, to include perusing all necessary documents.
|
|
|
|
|
|
|
|
Plaintiff's Costs
|
Where rent exceeds £53 per annum but does not exceed £75 per annum
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Where rent exceeds £75 per annum but does not exceed £150 per annum
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Where rent exceeds £150 per annum
|
Defendant's Costs
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|
(1)
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(2)
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(3)
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
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s.
|
d.
|
|
|
7. Notice of trial
|
|
12
|
6
|
|
12
|
6
|
|
12
|
6
|
Notice of trial (if not served by plaintiff).
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|
8. Attending Court when case in list but not reached
|
1
|
5
|
0
|
1
|
5
|
0
|
1
|
10
|
0
|
Attending Court when case in list but not reached.
|
|
9. Attending to hear a reserved judgment
|
|
15
|
0
|
|
15
|
0
|
1
|
0
|
0
|
Attending to hear a reserved judgment.
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|
10. Attending on motion for judgement, or in Court for each day or part of a day of the hearing
|
3
|
0
|
0
|
3
|
10
|
0
|
4
|
0
|
0
|
Attending on motion for judgment, or in Court for each day or part of a day of the hearing.
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|
11. Entering judgment
|
|
17
|
6
|
1
|
0
|
0
|
1
|
10
|
0
|
Entering judgment dismissing action.
|
|
12. Counsel's brief (if prepared)
|
1
|
5
|
0
|
1
|
15
|
0
|
2
|
10
|
0
|
Counsel's brief (if prepared).
|
|
|
|
|
|
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|
or, at the option of the solicitor, draft brief 1/3d. per folio, copy brief 9d. per folio, of matter properly included
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PART V
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COSTS IN ACTIONS ON THE TITLE AND IN EJECTMENTS ON THE TITLE
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Plaintiff's Costs
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Where the rateable valuation:
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Defendant's Costs
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|
does not exceed £5
|
exceeds £5 but does not exceed £15
|
exceeds £15 but does not exceed £30
|
exceeds £30
|
|
(1)
|
(2)
|
(3)
|
(4)
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
|
1. Drawing civil bill and copy for service
|
2
|
15
|
0
|
3
|
0
|
0
|
3
|
10
|
0
|
4
|
10
|
0
|
Entering appearance and defence.
|
|
2. Extra copy of civil bill where required
|
|
2
|
6
|
|
3
|
9
|
|
3
|
9
|
|
3
|
9
|
|
|
3. Entering civil bill
|
|
12
|
6
|
|
12
|
6
|
|
12
|
6
|
|
12
|
6
|
|
|
4. Perusing defence, instructions for hearing or settlement, preparing proofs, and attendance on witnesses
|
Discretionary
|
Discretionary
|
Discretionary
|
Discretionary
|
Instructions for hearing or settlement, preparing proofs and attendance on witnesses.
|
|
5. Notice of trial
|
|
15
|
0
|
|
15
|
0
|
|
15
|
0
|
|
15
|
0
|
Notice of trial (if not served by plaintiff).
|
|
6. Attending Court when case in list but not reached
|
|
15
|
0
|
1
|
5
|
0
|
1
|
5
|
0
|
1
|
10
|
0
|
Attending Court when case in list but not reached.
|
|
7. Attending Court for each day or part of a day of the hearing
|
1
|
10
|
0
|
2
|
10
|
0
|
3
|
0
|
0
|
3
|
15
|
0
|
Attending Court for each day or part of a day of the hearing.
|
|
|
|
|
|
|
|
Plaintiff's Costs
|
Where the rateable valuation:
|
Defendant's Costs
|
|
does not exceed £5
|
exceeds £5 but does not exceed £15
|
exceeds £15 but does not exceed £30
|
exceeds £30
|
|
(1)
|
(2)
|
(3)
|
(4)
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
|
8. Attending to hear a reserved judgment
|
|
15
|
0
|
|
15
|
0
|
|
15
|
0
|
1
|
5
|
0
|
Attending to hear a reserved judgment.
|
|
9. Entering judgment
|
|
15
|
0
|
|
15
|
0
|
|
15
|
0
|
1
|
10
|
0
|
Entering judgment.
|
|
10. Counsel's brief (if prepared)
|
|
10
|
0
|
1
|
0
|
0
|
2
|
0
|
0
|
2
|
10
|
0 or,
|
Counsel's brief (if prepared).
|
|
|
|
|
|
|
|
|
|
|
at the option of the solicitor, draft brief 1/3d. per folio, copy brief 9d. per folio, of matter properly included.
|
|
|
|
|
Where the premises the subject of the proceedings are not separately rated in the valuation books, the Judge at the hearing or the County Registrar shall have power, for the purpose of taxing costs, to apportion the valuation of the rateable hereditament which includes the said premises.
|
|
|
PART VI
|
|
|
COSTS IN INTERPLEADER
|
|
|
|
|
|
|
Plaintiff's Costs
|
Where the value of the property in question:
|
Defendant's Costs
|
|
does not exceed £50
|
exceeds £50 but does not exceed £75
|
exceeds £75 but does not exceed £100
|
exceeds £100 but does not exceed £300
|
exceeds £300
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
|
1. Drawing summons in interpleader and copy for service
|
1
|
10
|
0
|
2
|
10
|
0
|
2
|
15
|
0
|
3
|
0
|
0
|
3
|
10
|
0
|
|
|
2. Extra copy of summons where required
|
|
3
|
0
|
|
3
|
0
|
|
3
|
0
|
|
3
|
0
|
|
3
|
0
|
|
|
3. Instructions for hearing or settlement, preparing proofs and attendance on witnesses
|
2
|
0
|
0
|
2
|
10
|
0
|
3
|
0
|
0
|
Discretionary
|
Discretionary
|
Instructions for hearing or settlement, preparing proofs and attendance on witnesses.
|
|
4. Attending on hearing of summons
|
2
|
10
|
0
|
3
|
5
|
0
|
4
|
10
|
0
|
5
|
5
|
0
|
6
|
0
|
0
|
Attending on hearing of summons.
|
|
5. Entering judgment
|
|
15
|
0
|
|
15
|
0
|
|
15
|
0
|
1
|
0
|
0
|
1
|
10
|
0
|
Entering judgment.
|
|
6. Counsel's brief (if prepared)
|
1
|
0
|
0
|
1
|
10
|
0
|
2
|
0
|
0
|
2
|
10
|
0
|
3
|
0
|
0
|
Counsel's brief (if prepared).
|
|
|
|
PART VII
|
|
|
COST IN EQUITY
|
|
|
|
|
|
|
Where the value of the personalty and lands does not exceed £200
|
Where the value of the personalty and lands exceeds £200 but does not exceed £500
|
Where the value of the personalty and lands exceeds £500 but does not exceed £1,500
|
Where the value of the personalty and lands exceeds £1,500
|
|
(1)
|
(2)
|
(3)
|
(4)
|
|
£
|
s.
|
d
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
1. Drawing civil bill or defence, advising thereon and attending and instructing counsel when employed and copy for service
|
1
|
10
|
0
|
2
|
10
|
0
|
4
|
0
|
0
|
6
|
0
|
0
|
|
2. Letter to defendant before the institution of proceedings
|
|
5
|
0
|
|
5
|
0
|
|
5
|
0
|
|
5
|
0
|
|
3. For each additional copy of civil bill or defence for service, when required
|
|
5
|
0
|
|
5
|
0
|
|
5
|
0
|
|
5
|
0
|
|
4. In cases determined without oral evidence, instructions fee, entering civil bill or defence and attending the hearing with or without counsel, and for all charges (save brief for counsel) up to the primary order, and taking out same
|
Discretionary
|
Discretionary
|
Discretionary
|
Discretionary
|
| Briefs, drafts and copies: |
|
|
|
|
|
|
|
|
|
|
|
|
|
5. Brief for counsel of necessary documents
|
9d. per folio : not to exceed £2 2s. 0d.
|
9d. per folio : not to exceed £2 10s. 0d.
|
Draft 1/- per folio, copy 6d. per folio
|
Draft 1/3d per folio, copy 9d. per folio
|
|
6. Drawing any affidavit, account, order or other document necessary or proper for the purpose of any proceeding, or which may be directed by the Judge, and in respect of which no allowance is included in or provision made by any other item herein contained
|
1/- per folio
|
1/- per folio
|
1/- per folio
|
1/3d per folio
|
|
|
|
|
|
|
|
Where the value of the personalty and lands does not exceed £200
|
Where the value of the personalty and lands exceeds £200 but does not exceed £500
|
Where the value of the personalty and lands exceeds £500 but does not exceed £1,500
|
Where the value of the personalty and lands exceeds £1,500
|
|
(1)
|
(2)
|
(3)
|
(4)
|
|
£
|
s.
|
d
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
7. For copies of all necessary documents (no such document to be allowed for on taxation unless marked by the court Registrar as used)
|
6d. per folio
|
6d. per folio
|
6d. per folio
|
9d. per folio
|
|
8. In cases heard on oral evidence the costs down to the primary decree, order or dismiss shall be charged, in lieu of the foregoing items, in accordance with the scale applicable to actions in contract and tort by reference to the value (as determined by the County Registrar including the value of personalty) of the subject matter of the suit according to the appropriate columns of Part I of this schedule
|
Part I Section A
|
Part I Section B
|
Part I Section C
|
Part I Section C
|
|
9. Fee to the solicitor for the plaintiff or defendant, petitioner, committee or party having carriage in all cases of account or inquiry, directed by a decree or order to be taken before the County Registrar, regard being had to the work being properly performed
|
Discretionary
|
Discretionary
|
Discretionary
|
Discretionary
|
|
10. Attending with or without counsel, and in case of entering the suit for further consideration, taking out the decree or dismiss and for all other charges (save costs in the office or brief for counsel) up to the conclusion of suit
|
2
|
0
|
0
|
4
|
0
|
0
|
4
|
10
|
0
|
5
|
10
|
0
|
|
|
|
|
|
|
|
Where the value of the personalty and lands does not exceed £200
|
Where the value of the personalty and lands exceeds £200 but does not exceed £500
|
Where the value of the personalty and lands exceeds £500 but does not exceed £1,500
|
Where the value of the personalty and lands exceeds £1,500
|
|
(1)
|
(2)
|
(3)
|
(4)
|
|
£
|
s.
|
d
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
When a receiver or committee is appointed by or under a decree or order of the Courts:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
11. For all costs and charges in relation to the completion of the security and appointment of the receiver or committee
|
2
|
0
|
0
|
4
|
0
|
0
|
4
|
15
|
0
|
6
|
0
|
0
|
|
12. For instructions for the account of a receiver or committee, drawing and preparing same and all attendances to lodge, vouch and pass the same, and distribution or application of the balance
|
2
|
0
|
0
|
4
|
0
|
0
|
7
|
0
|
0
|
9
|
0
|
0
|
|
13. For filling up any bond, recognizance, or document of a like nature in respect of which no allowance is included in, or provision made by, any other item herein contained
|
|
15
|
0
|
|
15
|
0
|
1
|
0
|
0
|
1
|
0
|
0
|
|
Lodgment of money, transfer of stock or deposit of security in trust to attend the orders of the Court under the Trustee Acts:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
14. Instructions and attendances, drawing, engrossing and filing affidavit, obtaining certificate, paying in the money, transferring the stock or depositing the security and all other charges
|
2
|
0
|
0
|
4
|
10
|
0
|
5
|
0
|
0
|
6
|
0
|
0
|
|
|
|
|
|
|
|
Where the value of the personalty and lands does not exceed £200
|
Where the value of the personalty and lands exceeds £200 but does not exceed £500
|
Where the value of the personalty and lands exceeds £500 but does not exceed £1,500
|
Where the value of the personalty and lands exceeds £1,500
|
|
(1)
|
(2)
|
(3)
|
(4)
|
|
£
|
s.
|
d
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
15. Instructions and attendances, drawing, engrossing and filling petition for order to invest, notice and copies thereof, attending the Judge, and taking out the order to invest, and all other charges of and incidental to investment
|
2
|
0
|
0
|
4
|
10
|
0
|
6
|
0
|
0
|
7
|
0
|
0
|
|
16. Instructions and attendances, drawing and filing petition for order to pay out or distribute a fund or the income thereof, entering and attending the hearing, and taking out the order, and all other charges
|
2
|
0
|
0
|
4
|
10
|
0
|
6
|
0
|
0
|
7
|
0
|
0
|
|
17. For each copy of a petition to pay out or distribute actually served, including the notice of hearing
|
|
5
|
0
|
|
5
|
0
|
|
5
|
0
|
|
5
|
0
|
|
18. Instructions for, and drawing, engrossing and filing a petition relating to the maintenance, or advancement of, or for the protection of the property of an infant, entering and attending the hearing and taking out the order and all other charges
|
2
|
0
|
0
|
4
|
10
|
0
|
6
|
0
|
0
|
7
|
0
|
0
|
|
19. For each copy of petition actually served, including notice of hearing
|
|
5
|
0
|
|
5
|
0
|
|
5
|
0
|
|
5
|
0
|
|
|
|
|
|
|
|
Where the value of the personalty and lands does not exceed £200
|
Where the value of the personalty and lands exceeds £200 but does not exceed £500
|
Where the value of the personalty and lands exceeds £500 but does not exceed £1,500
|
Where the value of the personalty and lands exceeds £1,500
|
|
(1)
|
(2)
|
(3)
|
(4)
|
|
£
|
s.
|
d
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
Interlocutory applications and attendances:--
|
|
|
|
|
|
|
|
|
|
|
|
|
|
20. For attending before the Judge on any interlocutory application (counsel to be allowed only when certified for by the Judge)
|
1
|
10
|
0
|
1
|
10
|
0
|
2
|
0
|
0
|
2
|
10
|
0
|
|
21. For every proper and necessary attendance upon the Judge or by his direction in relation to any matter in respect of which no allowance is included or provision made by any other item herein contained
|
1
|
10
|
0
|
1
|
10
|
0
|
1
|
10
|
0
|
1
|
10
|
0
|
|
|
|
PART VIII
|
|
|
COSTS IN PROBATE MATTERS AND ACTIONS
|
|
|
|
|
|
|
Plaintiff's Costs
|
Where the rateable valuation of the lands or the value of the personalty involved:
|
Defendant's Costs
|
|
does not exceed rateable valuation £15 or personal estate £200
|
exceeds rateable valuation £15 or personal estate £200 but does not exceed rateable valuation £30 or personal estate £500
|
exceeds rateable valuation £30 or personal estate £500 but does not exceed rateable valuation £45 or personal estate £1,000
|
exceeds rateable valuation £45 or personal estate £1,000
|
|
(1)
|
(2)
|
(3)
|
(4)
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
|
1. Drawing civil bill, making copy for service, attendance to file original with County Registrar and preparation, completion and lodgment of affidavit of jurisdiction and affidavit of next-of-kin
|
3
|
0
|
0
|
5
|
5
|
0
|
7
|
0
|
0
|
9
|
0
|
0
|
Entering appearance and drawing defence, making copies for Court file and for service, and lodgment of copy with County Registrar.
|
|
2. Extra copy of civil bill where more than one defendant
|
|
3
|
0
|
|
3
|
0
|
|
3
|
0
|
|
3
|
0
|
|
|
3. Instructions for hearing or settlement, preparing proofs and attendance on witnesses
|
Discretionary
|
Discretionary
|
Discretionary
|
Discretionary
|
Instructions for hearing, preparing proofs and attendance on witnesses.
|
|
|
|
|
|
|
|
Plaintiff's Costs
|
Where the rateable valuation of the lands or the value of the personalty involved:
|
Defendant's Costs
|
|
does not exceed rateable valuation £15 or personal estate £200
|
exceeds rateable valuation £15 or personal estate £200 but does not exceed rateable valuation £30 or personal estate £500
|
exceeds rateable valuation £30 or personal estate £500 but does not exceed rateable valuation £45 or personal estate £1,000
|
exceeds rateable valuation £45 or personal estate £1,000
|
|
(1)
|
(2)
|
(3)
|
(4)
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
|
4. Notice of trial
|
|
12
|
6
|
|
12
|
6
|
|
12
|
6
|
|
12
|
6
|
Notice of trial (if not served by plaintiff).
|
|
5. Attending Court on hearing. Each day
|
3
|
0
|
0
|
3
|
15
|
0
|
4
|
10
|
0
|
5
|
5
|
0
|
Attending Court on hearing. Each day.
|
|
6. Attending when case in list but not reached
|
|
15
|
0
|
1
|
0
|
0
|
1
|
5
|
0
|
1
|
10
|
0
|
Attending when case in list but not reached.
|
|
7. Drawing order and entering judgment, including attendance to have order signed by the County Registrar
|
1
|
0
|
0
|
1
|
5
|
0
|
1
|
10
|
0
|
2
|
5
|
0
|
Drawing order and entering judgment, including attendance to have order signed by County Registrar.
|
|
8. Counsel's brief (if prepared)
|
1/3d. per folio of matter properly included.
|
Counsel's brief (if prepared).
|
|
|
|
PART IX
|
|
|
RENT RESTRICTIONS ACT, 1960
|
|
|
In any case under the Rent Restrictions Act, 1960 , in which costs are allowed, the costs shall be taxed under the first column hereto unless the Judge at the hearing shall direct that they be taxed under the second or third column hereto, and in exercising such discretion the Judge shall in particular have regarded to the amount of rent involved.
|
|
|
|
|
|
|
Applicant's Costs
|
(1)
|
(2)
|
(3)
|
Respondent's Costs
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
|
1. Instructions and perusing documents and drawing notice of application
|
1
|
5
|
0
|
1
|
12
|
6
|
2
|
10
|
0
|
Instructions to oppose application and perusing notice.
|
|
2. Engrossing notice of application and copies thereof and filing for entry
|
|
12
|
6
|
|
15
|
0
|
|
17
|
6
|
Filing for entry if applicant makes default.
|
|
3. Preparing proofs and attendance on witnesses
|
1
|
5
|
0
|
2
|
0
|
0
|
3
|
0
|
0
|
Preparing proofs and attendance on witnesses.
|
|
4. Counsel's brief (if prepared)
|
|
17
|
6
|
1
|
10
|
0
|
2
|
10
|
0
|
Counsel's brief (if prepared).
|
|
5. Attending Court on the hearing
|
1
|
5
|
0
|
2
|
10
|
0
|
3
|
10
|
0
|
Attending Court on the hearing.
|
|
6. Attending when case in list but not reached
|
1
|
5
|
0
|
1
|
5
|
0
|
1
|
5
|
0
|
Attending when case in list but not reached.
|
|
7. Drawing order and entering
|
|
10
|
0
|
|
10
|
0
|
|
10
|
0
|
Drawing order and entering.
|
|
|
|
PART X
|
|
|
APPLICATION FOR COMPENSATION FOR CRIMINAL INJURIES
|
|
|
(a) Applicant's solicitor
|
|
|
In all cases where the amount of compensation recovered does not exceed £5, the Judge shall allow such sum not exceeding £1 15s. 0d. as he may think reasonable to cover all charges, exclusive of outlay.
|
|
|
In all cases where the amount of compensation recovered exceeds £5 but does not exceed £10, the Judge shall allow such sum not exceeding £3 0s. 0d. as he may think reasonable to cover all charges, exclusive of outlay.
|
|
|
In all cases where the amount of compensation recovered exceeds £10 but does not exceed £25, the Judge shall allow such sum not exceeding £4 10s. 0d. as he may think reasonable to cover all charges, exclusive of outlay.
|
|
|
|
|
|
|
Where the amount of compensation recovered exceeds £25 but does not exceed £50
|
Where the amount of compensation recovered exceeds £50 but does not exceed £100
|
Where the amount of compensation recovered exceeds £100 but does not exceed £500
|
Where the amount of compensation recovered exceeds £500 but does not exceed £1,000
|
Where the amount of compensation recovered exceeds £1,000
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
1. Preparing preliminary notice
|
1
|
10
|
0
|
2
|
10
|
0
|
3
|
0
|
0
|
4
|
0
|
0
|
5
|
0
|
0
|
|
2. Each copy of the preliminary notice served
|
|
3
|
6
|
|
3
|
6
|
|
5
|
0
|
|
10
|
0
|
|
10
|
0
|
|
3. Preparing and signing notice of application to the Court
|
|
7
|
6
|
|
10
|
0
|
|
17
|
6
|
1
|
5
|
0
|
1
|
15
|
0
|
|
4. Each copy of notice of application served
|
|
3
|
6
|
|
3
|
6
|
|
5
|
0
|
|
10
|
0
|
|
10
|
0
|
|
5. Instructions, taking particulars of evidence, attendance on witnesses, preparing proofs
|
Discretionary
|
Discretionary
|
Discretionary
|
Discretionary
|
Discretionary
|
|
6. Attending Court for each day or part of a day
|
1
|
10
|
0
|
2
|
10
|
0
|
3
|
0
|
0
|
4
|
15
|
0
|
5
|
0
|
0
|
|
|
|
|
|
|
|
Where the amount of compensation recovered exceeds £25 but does not exceed £50
|
Where the amount of compensation recovered exceeds £50 but does not exceed £100
|
Where the amount of compensation recovered exceeds £100 but does not exceed £500
|
Where the amount of compensation recovered exceeds £500 but does not exceed £1,000
|
Where the amount of compensation recovered exceeds £1,000
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
7. Attending when case in list but not reached
|
1
|
0
|
0
|
1
|
0
|
0
|
1
|
0
|
0
|
1
|
0
|
0
|
1
|
0
|
0
|
|
8. Attending to hear a reserved judgment
|
|
15
|
0
|
|
15
|
0
|
|
15
|
0
|
|
15
|
0
|
|
15
|
0
|
|
9. Drawing and signing decree or order
|
|
12
|
6
|
|
12
|
6
|
|
12
|
6
|
|
12
|
6
|
|
12
|
6
|
|
10. Counsel's brief (if prepared)
|
|
15
|
0
|
1
|
5
|
0
|
2
|
0
|
0
|
2
|
10
|
0
|
3
|
5
|
0
|
|
|
|
|
|
|
|
or, at the option of the solicitor, draft brief 1/3d. per folio, copy brief 9. per folio, of matter properly included.
|
|
|
|
PART X (continued)
|
|
|
(b) Respondent's solicitor.
|
|
|
In all cases where the amount of compensation claimed does not exceed £5, the Judge shall allow such sum not exceeding £1 15s. 0d. as he may think reasonable to cover all charges, exclusive of outlay.
|
|
|
In all cases where the amount of compensation claimed exceeds £5 but does not exceed £10, the Judge shall allow such sum not exceeding £3 0s. 0d. as he may think reasonable to cover all charges, exclusive of outlay.
|
|
|
In all cases where the amount of compensation claimed exceeds £10 but does not exceed £25, the Judge shall allow such sum, not exceeding £4 10s. 0d. as he may think reasonable to cover all charges, exclusive of outlay.
|
|
|
|
|
|
|
Where the sum claimed exceeds £25 but does not exceed £50
|
Where the sum claimed exceeds £50 but does not exceed £100
|
Where the sum claimed exceeds £100 but does not exceed £500
|
Where the sum claimed exceeds £500 but does not exceed £1,000
|
Where the sum claimed exceeds £1,000
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
1. Instructions for opposing application
|
|
15
|
0
|
1
|
5
|
0
|
1
|
12
|
6
|
1
|
15
|
0
|
2
|
15
|
0
|
|
2. Instructions for hearing or settlement, taking particulars of evidence, attendance on witnesses and preparing proofs
|
Discretionary
|
Discretionary
|
Discretionary
|
Discretionary
|
Discretionary
|
|
3. Attending in Court for each day, or part of a day, of the hearing
|
1
|
10
|
0
|
2
|
10
|
0
|
3
|
0
|
0
|
4
|
15
|
0
|
5
|
0
|
0
|
|
4. Attending in Court when case in list but not reached
|
1
|
0
|
0
|
1
|
10
|
0
|
1
|
10
|
0
|
1
|
10
|
0
|
1
|
10
|
0
|
|
5. Attending to hear a reserved judgment
|
|
15
|
0
|
|
15
|
0
|
|
15
|
0
|
|
15
|
0
|
|
15
|
0
|
|
6. Drawing and signing any order or refusal
|
|
10
|
0
|
|
10
|
0
|
|
10
|
0
|
|
10
|
0
|
|
10
|
0
|
|
7. Counsel's brief (if prepared)
|
|
15
|
0
|
1
|
5
|
0
|
2
|
0
|
0
|
2
|
10
|
0
|
3
|
5
|
0
|
|
|
|
|
|
|
|
or, at the option of the solicitor, draft brief 1/3d. per folio, copy brief 9d. per folio, of matter properly included.
|
|
|
|
PART XI
|
|
|
LANDLORD AND TENANT ACTS, 1931 AND 1958
|
|
|
Costs of applications for new leases
|
|
|
|
|
|
|
Applicant's Costs
|
Where the amount of the rent agreed by the parties, or fixed by the Court, in the case of applications under Part III of the Act of 1931, or the amount of the gross rent as so agreed, or ascertained by the Court, in the case of applications under the Act of 1958 :
|
Respondent's Costs
|
|
does not exceed £50 per annum
|
exceeds £50 but does not exceed £100 per annum
|
exceeds £100 but does not exceed £200 per annum
|
exceeds £200 but does not exceed £500 per annum
|
exceeds £500 per annum
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
|
1. Drawing originating notice of motion
|
2
|
0
|
0
|
2
|
15
|
0
|
3
|
10
|
0
|
4
|
0
|
0
|
4
|
10
|
0
|
Drawing answer.
|
|
2. Engrossing and entering originating notice of motion
|
|
12
|
6
|
1
|
0
|
0
|
1
|
10
|
0
|
1
|
10
|
0
|
1
|
10
|
0
|
Engrossing and entering answer.
|
|
3. Each copy of originating notice of motion where more than one respondent
|
|
5
|
0
|
|
5
|
0
|
|
7
|
6
|
|
7
|
6
|
|
7
|
6
|
Each copy of answer where more than one applicant.
|
|
4. Instructions for hearing or settlement, taking particulars of evidence, attendance on witnesses, negotiations (if any), correspondence and notices, preparing proofs and all other work necessary for the proceedings, whether done before or after the issue of the originating notice of motion
|
Discretionary
|
Discretionary
|
Discretionary
|
Discretionary
|
Discretionary
|
Instructions for hearing or settlement, taking particulars of evidence, attendance on witnesses, negotiations (if any), correspondence and notices, preparing proofs and all other work necessary for the proceedings, whether done before or after the issue of the originating notice of motion.
|
|
|
|
|
|
|
|
Applicant's Costs
|
Where the amount of the rent agreed by the parties, or fixed by the Court, in the case of applications under Part III of the Act of 1931, or the amount of the gross rent as so agreed, or ascertained by the Court, in the case of applications under the Act of 1958 :
|
Respondent's Costs
|
|
does not exceed £50 per annum
|
exceeds £50 but does not exceed £100 per annum
|
exceeds £100 but does not exceed £200 per annum
|
exceeds £200 but does not exceed £500 per annum
|
exceeds £500 per annum
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
|
5. Counsel's brief (if prepared)
|
1
|
15
|
0
|
2
|
10
|
0
|
2
|
15
|
0
|
3
|
0
|
0
|
3
|
10
|
0
|
Counsel's brief (if prepared)
|
|
|
|
|
|
or, at the option of the solicitor, draft brief 1/3d. per folio, copy brief 9d. per folio, of matter properly included.
|
|
|
6. Attending Court for each day or part of a day of the hearing
|
1
|
12
|
6
|
2
|
5
|
0
|
2
|
10
|
0
|
2
|
15
|
0
|
3
|
0
|
0
|
Attending Court for each day or part of a day of the hearing.
|
|
7. Attending Court when case in list but not reached
|
1
|
5
|
0
|
1
|
5
|
0
|
1
|
5
|
0
|
1
|
5
|
0
|
1
|
5
|
0
|
Attending Court when case in list but not reached.
|
|
8. Attending to hear reserved judgment
|
|
15
|
0
|
|
15
|
0
|
|
15
|
0
|
|
15
|
0
|
|
15
|
0
|
Attending to hear reserved judgement.
|
|
|
|
Note.--In any case in which the application is dismissed and in any case in which no rent is required to be fixed or ascertained, the costs shall be calculated as if a sum equivalent to five times the rateable valuation of the property, the subject matter of the application, had been fixed as the rent or ascertained as the gross rent.
|
|
|
PART XII
|
|
|
LANDLORD AND TENANT ACTS, 1931 AND 1958
|
|
|
Costs of applications for compensation for improvements and applications for compensation for disturbance, and all other applications not otherwise provided for
|
|
|
|
|
|
|
Applicant's Costs
|
Where the amount of compensation awarded or agreed between the parties or, in the case of a dismiss, the amount claimed :
|
Respondent's Costs
|
|
does not exceed £50
|
exceeds £50 but does not exceed £75
|
exceeds £75 but does not exceed £100
|
exceeds £100
|
|
|
(1)
|
(2)
|
(3)
|
(4)
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
|
1. Drawing originating notice of motion
|
2
|
5
|
0
|
2
|
15
|
0
|
3
|
0
|
0
|
5
|
0
|
0
|
Drawing answer.
|
|
2. Engrossing and entering originating notice of motion
|
|
15
|
0
|
|
15
|
0
|
|
15
|
0
|
|
15
|
0
|
Engrossing and entering answer.
|
|
3. Each extra copy of originating notice of motion where more than one respondent
|
|
5
|
0
|
|
5
|
0
|
|
5
|
0
|
|
5
|
0
|
Each extra copy of answer where more than one applicant.
|
|
4. Instructions for hearing or settlement, taking particulars of evidence, attendance on witnesses, negotiations (if any), correspondence and notices, preparing proofs and all other work necessary for the proceedings whether done before or after the issue of the originating notice of motion
|
Discretionary
|
Discretionary
|
Discretionary
|
Discretionary
|
Instructions for hearing or settlement, taking particulars of evidence, attendance on witnesses, negotiations (if any), correspondence and notices, preparing proofs and all other work necessary for the proceedings whether done before or after the issue of the originating notice of motion.
|
|
|
|
|
|
|
|
Applicant's Costs
|
Where the amount of compensation awarded or agreed between the parties or, in the case of a dismiss, the amount claimed :
|
Respondent's Costs
|
|
does not exceed £50
|
exceeds £50 but does not exceed £75
|
exceeds £75 but does not exceed £100
|
exceeds £100
|
|
|
(1)
|
(2)
|
(3)
|
(4)
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
|
5. Counsel's brief (if prepared)
|
|
15
|
0
|
1
|
10
|
0
|
2
|
5
|
0
|
3
|
0
|
0
|
Counsel's brief.
|
|
|
or, at the option of the solicitor, draft brief 1/3d. per folio, copy brief 9d. per folio, of matter properly included.
|
|
|
6. Attending Court when case in list but not reached
|
1
|
5
|
0
|
1
|
5
|
0
|
1
|
5
|
0
|
1
|
5
|
0
|
Attending Court when case in list but not reached.
|
|
7. Attending Court for each day or part of a day of the hearing
|
1
|
10
|
0
|
1
|
15
|
0
|
2
|
10
|
0
|
3
|
10
|
0
|
Attending Court for each day or part of a day of the hearing.
|
|
8. Attending to hear reserved judgment
|
|
15
|
0
|
|
15
|
0
|
|
15
|
0
|
|
15
|
0
|
Attending to hear reserved judgment.
|
|
|
|
Note.--In any case in which judgment is entered for the respondent and there is no amount claimed by the applicant upon which the costs of the respondent can be ascertained, the costs shall be calculated as if for the expression " the amount claimed " in the above scales there were substituted the expression " five times the rateable valuation of the property the subject of the application".
|
|
|
PART XIII
|
|
|
APPEALS FROM DISTRICT COURT
|
|
|
Costs of affirmance or reversal of a decree or dismiss
|
|
|
|
|
|
|
Where amount recovered or sued for does not exceed £10
|
Where amount recovered or sued for exceeds £10 but does not exceed £25
|
Where amount recovered or sued for exceeds £25 but does not exceed £50
|
In actions (1) for recovery of possession of chattels let under hire-purchase agreements and (2) for payment of sums due under hire-purchase or credit sale agreements, where (1) in the case of an action for the specific recovery of a chattel, the amount of the installments due and unpaid under the agreement at the date of the commencement of the proceedings or (2) the amount recovered or, in the case of a dismiss, the amount sued for exceeds £50 but does not exceed £100
|
|
(1)
|
(2)
|
(3)
|
(4)
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
1. For all charges preliminary or incidental to the hearing, and taking out the order thereon
|
3
|
10
|
0
|
5
|
0
|
0
|
9
|
10
|
0
|
10
|
10
|
0
|
|
2. Drawing recognizance or attending to lodge money
|
|
7
|
6
|
|
7
|
6
|
|
7
|
6
|
|
7
|
6
|
|
3. Counsel's brief (if prepared)
|
|
12
|
6
|
|
15
|
0
|
1
|
10
|
0
|
2
|
10
|
0
|
|
|
|
Note : (1) the costs of an appeal in cases of summary jurisdiction of a civil nature ]including cases under the Illegimate Children (Affiliation Orders) Act, 1930 and the Married Women (Maintenance in Case of Desertion) Act, 1886] shall be allowed under column (2) hereof.
|
|
|
(2) Costs of an appeal under the Rent Restrictions Act, 1960 , shall be allowed under column (1) hereof.
|
|
|
(3) If an appeal is withdrawn and notice thereof served on the respondent not less than six days before the day of hearing, the sum of £2 0s. 0d. shall be allowed for costs ; where column (3) applies, the sum shall be £5 10s. 0d. and where column (4) applies the sum allowed shall be £6 0s. 0d.
|
|
|
(4) The costs of an appeal in an ejectment where the rent by the year does not exceed £27 0s. 0d. shall be allowed under column (2) and where such rent exceeds £27 under column (3) hereof.
|
|
|
PART XIV
|
|
|
MISCELLANEOUS COSTS
|
|
|
The following shall be subject to allowance or disallowance by the County Registrar on taxation unless expressly or by necessary implication previously allowed or disallowed by the Judge. The items in this scale shall be chargeable in addition to the charges in the scales in Parts I to XIII of this Schedule, unless there is a separate corresponding item in the relevant scale.
|
|
|
|
|
|
|
£
|
s.
|
d.
|
|
1. Attendance for the purpose of obtaining a side bar order
|
|
15
|
0
|
|
2. Attendance in proceedings before the County Register where not otherwise provided for
|
|
15
|
0
|
|
3. Attendance at the office for the purpose of issuing a witness summons
|
|
15
|
0
|
|
4. Attendance at the office for issuing or filing any document not otherwise provided for
|
|
15
|
0
|
|
5. Attendance in Court not otherwise provided for
|
|
15
|
0
|
|
6. Preparation of brief on ex parteor interlocutory application
|
|
15
|
0
|
|
7. Affidavits or documents not otherwise provided for, folio of 72 words
|
|
|
|
|
(a) drawing
|
|
1
|
3
|
|
(b) engrossing
|
|
|
9
|
|
8. Persuing affidavits or documents not otherwise provided for, folio 72 words
|
|
|
9
|
|
9. Attending consultation when fee allowed to counsel for same
|
1
|
10
|
0
|
|
10. Copies of documents where necessary per folio :
|
|
|
|
|
(a) originals
|
|
|
9
|
|
(b) carbon copies
|
|
|
4
|
|
11. Attending counsel :
|
|
|
|
|
(a) to settle civil bill or defense
|
|
10
|
0
|
|
(b) any other necessary attendance
|
|
10
|
0
|
|
12. Case to counsel to advise proofs, folio of 72 words
|
|
1
|
3
|
|
Minimum
|
1
|
10
|
0
|
|
13. Drawing costs with copy for taxation, Item
|
|
|
2
|
|
14. Attending to lodge costs and have date allocated
|
|
10
|
0
|
|
15. Service thereof
|
|
3
|
0
|
|
16. Summons to tax
|
|
5
|
0
|
|
17. Copies for service and to annex. Each
|
|
2
|
6
|
|
18. Attending taxation
|
1
|
0
|
0
|
|
19. Drawing certificate of taxation
|
|
7
|
6
|
|
|
|
SCHEDULE II
|
|
|
COUNSEL'S FEES IN CIRCUIT COURT
|
|
|
ACTIONS IN CONTRACT AND TORT
|
|
|
|
|
|
| (i) Fee on Brief. |
|
|
|
|
On taxation of Plaintiff's costs, where the amount or the value of specific chattels recovered by the Plaintiff or, on taxation of a Defendant's costs, where the amount or value of chattels sued for :
|
£
|
s.
|
d.
|
|
(a) does not exceed £50
|
4
|
4
|
0
|
|
(b) exceeds £50 but does not exceed £100
|
6
|
6
|
0
|
|
(c) exceeds £100 but does not exceed £300
|
10
|
10
|
0
|
|
(d) exceeds £300 but does not exceed £500
|
13
|
13
|
0
|
|
(e) exceeds £500
|
15
|
15
|
0
|
|
(ii) (a) Fee on settling Civil Bill or Defence
|
3
|
3
|
0
|
|
(b) Fee on settling Defence and Counterclaim
|
4
|
4
|
0
|
|
(iii) Fee on advising Proofs
|
3
|
3
|
0
|
|
(iv) Fee on settling Notice for particulars or reply thereto
|
2
|
2
|
0*
|
|
|
*where necessary to be settled by Counsel.
|
|
(v) Fee on Consultation
|
3
|
3
|
0
|
|
|
|
EJECTMENTS FOR NON-PAYMENT OF RENT AND OVERHOLDING
|
|
|
|
|
|
|
(i) Fee on Brief,where the annual rent
|
£
|
s.
|
d.
|
|
(a) does not exceed £50
|
4
|
4
|
0
|
|
(b) exceeds £50 but does not exceed £100
|
6
|
6
|
0
|
|
(c) exceeds £100
|
8
|
8
|
0
|
|
(ii) Fee on settling Civil Bill or on settling Defence
|
3
|
3
|
0
|
|
(iii) Fee on advising Proofs
|
where proper to be allowed on taxation £2 2 0, but not to exceed
|
|
£3
|
3
|
0
|
|
(iv) Fee on Consultation
|
3
|
3
|
0
|
|
(v) Fee on Brief upon an application for Summary Judgment, or for Judgment in default of Appearance or Defence
|
|
|
|
|
(a) Evidence on Affidavit
|
3
|
3
|
0
|
|
(b) Oral Evidence
|
5
|
5
|
0
|
|
|
|
TITLE JURISDICTION
|
|
|
Including Ejectment on the Title, other than Ejectments for Non-payment of Rent or Overholding
|
|
|
|
|
|
|
(i) Fee on Brief where the Rateable Valuation of the lands the subject matter of the action
|
£
|
s.
|
d.
|
|
(a) does not exceed £20
|
5
|
5
|
0
|
|
(b) exceeds £20 but does not exceed £30
|
6
|
6
|
0
|
|
(c) exceeds £30
|
10
|
10
|
0
|
|
(ii) Fee on settling Civil Bill or Defence
|
3
|
3
|
0
|
|
(iii) Fee on advising Proofs
|
|
|
|
|
(a) where the Rateable Valuation of the lands the subject matter of the actions does not exceed £30, and the Judge at the hearing certifies therefor
|
2
|
2
|
0
|
|
(b) where the Rateable Valuation exceeds £30
|
3
|
3
|
0
|
|
(iv) Fee on Consultation
|
3
|
3
|
0
|
|
(v) Fee on Brief upon an application for Summary Judgment or for Judgment in default of appearance or Defence
|
|
|
|
|
(a) Evidence on Affidavit
|
3
|
3
|
0
|
|
(b) Oral Evidence
|
5
|
5
|
0
|
|
|
|
EQUITY SUITS
|
|
|
For the purpose of calculating the value of the subject matter of a suit (save in suits for Specific Performance) the value of lands shall be deemed to be 50 times the Rateable Valuation. In suits for Specific Performance the value of the subject matter shall be deemed to be the value in money of the consideration mentioned in the alleged contract.
|
|
|
|
|
|
|
(i) Fee on Brief, where the value of the subject matter (including land)
|
£
|
s.
|
d.
|
|
(a) does not exceed £500
|
6
|
6
|
0
|
|
(b) exceeds £500 but does not exceed £1,000
|
8
|
8
|
0
|
|
(c) exceeds £1,000 but does not exceed £1,500
|
10
|
10
|
0
|
|
(d) exceeds £1,500
|
15
|
15
|
0
|
|
(ii) (a) Fee on settling Civil Bill or Defence
|
3
|
3
|
0
|
|
(b) Fee on settling Defence and Counterclaim
|
4
|
4
|
0
|
|
(iii) Fee on advising Proofs
|
3
|
3
|
0
|
|
(iv) Fee on Consultation
|
3
|
3
|
0
|
|
(v) (a) Fee on Brief on Motionex parte
|
2
|
2
|
0
|
|
(b) Fee on Brief on Motion on Notice(On affidavit)
|
3
|
3
|
0
|
|
|
|
|
|
|
|
(c) Fee on Brief on Motion on Notice(Heard on oral evidence)
|
£
|
s.
|
d.
|
|
Where the value of the subject matter (including land) does not exceed £1,000
|
4
|
4
|
0
|
|
Where the value of the subject matter (including land) exceeds £1,000
|
5
|
5
|
0
|
|
(vi) Reduced Brief fee where Defendant submits to order of the Court and where the value of the subject matter(including land) exceeds£1,000
|
8
|
8
|
0
|
|
|
|
PROBATE
|
|
|
|
|
|
|
(i) Fee on Brief, where the value of the Estate
|
£
|
s.
|
d.
|
|
(a) does not exceed £500
|
7
|
7
|
0
|
|
(b) exceeds £500 but does not exceed £1,500
|
10
|
10
|
0
|
|
(c) exceeds £1,500
|
15
|
15
|
0
|
|
(ii) (a) Fee on settling Civil Bill of Defence
|
3
|
3
|
0
|
|
(b) Fee on settling Defence and Counterclaim
|
4
|
4
|
0
|
|
(iii) Fee on advising Proofs
|
3
|
3
|
0
|
|
(iv) Fee on Consultation
|
3
|
3
|
0
|
|
(v) Fee on Interlocutory Motion
|
3
|
3
|
0
|
|
|
|
APPLICATIONS UNDER RENT RESTRICTIONS ACT
|
|
|
|
|
|
|
£
|
s.
|
d.
|
|
(i) Fee on Brief
|
5
|
5
|
0
|
|
(ii) Fee on settling Notices where proper to be allowed on taxation
|
2
|
2
|
0
|
|
(iii) Advising proofs
|
No fee
|
|
(iv) Consultation
|
|
No fee
|
|
|
|
DISTRICT COURT APPEALS
|
|
|
|
|
|
|
(i) Fee on Brief
|
|
|
|
|
(a) in any defended case of Contract or Tort
|
|
|
|
|
£
|
s.
|
d.
|
|
(i) where the amount recovered or claimed does not exceed £25
|
3
|
3
|
0
|
|
(ii) where the amount recovered or claimed exceeds £25
|
4
|
4
|
0
|
|
(b) in any defended Ejectment
|
4
|
4
|
0
|
|
(ii) Fee on Consultation, where proper to be allowed on taxation
|
3
|
3
|
0
|
|
|
|
WORKMEN'S COMPENSATION ACTS
|
|
|
|
|
|
|
(i) Fee on Brief
|
£
|
s.
|
d.
|
|
(a) Originating Summons, Summons to Review or Redeem
|
8
|
8
|
0
|
|
(b) Motion on Notice on reference to Court by County Registrar or adjourned hearing requiring oral evidence
|
5
|
5
|
0
|
|
(c) An Application ex parteor other Application or Motion requiring no oral evidence
|
3
|
3
|
0
|
|
(ii) Fee on settling Originating Summons or Defence
|
3
|
3
|
0
|
|
(iii) Fee on advising Proofs,where proper to be allowed on taxation
|
3
|
3
|
0
|
|
(iv) Fee on Consultation,where proper to be allowed on taxation
|
3
|
3
|
0
|
|
(v) Fee on Brief where claim compromised or discharged by payment of lump sum
|
No fee
|
|
|
|
MALICIOUS INJURY APPLICATIONS
|
|
|
|
|
|
|
(i) Fee on Brief
|
£
|
s.
|
d.
|
|
On taxation of an Applicant's costs where the amount recovered by the Applicant or on taxation of a Respondent's costs where the amount claimed
|
|
|
|
|
(a) does not exceed £10
|
2
|
2
|
0
|
|
(b) exceeds £10 but does not exceed £50
|
4
|
4
|
0
|
|
(c) exceeds £50 but does not exceed £200
|
6
|
6
|
0
|
|
(d) exceeds £200 but does not exceed £600
|
9
|
9
|
0
|
|
(e) exceeds £600 but does not exceed £1,000
|
12
|
12
|
0
|
|
(f) exceeds £1,000 but does not exceed £2,000
|
15
|
15
|
0
|
|
(g) exceeds £2,000
|
Fee as may be allowed on taxation
|
|
(ii) Fee on advising Proofs
|
Where proper to be allowed on taxation £2 2 0, but not to exceed £4 4 0.
|
|
(iii) Fee on Consultation
|
|
|
|
|
(a) where the amount does not exceed £200
|
No fee
|
|
(b) where the amount exceeds £200
|
3
|
3
|
0
|
|
where proper to be allowed on taxation.
|
|
|
|
LANDLORD AND TENANT ACTS
|
|
|
A--APPLICATIONS FOR NEW TENANCIES
|
|
|
NOTE--For the purpose of this scale of fees "the rent" shall be the rent agreed by the parties or fixed by the Court under Part III of the Landlord and Tenant Act, 1931 , or the gross rent as so agreed or ascertained by the Court under the Landlord and Tenant (Reversionary Leases) Act, 1958 . In any case in which the application is dismissed, or in any case in which no rent is required to be fixed or ascertained, a sum equivalent to five times the Rateable Valuation shall be deemed to be the rent.
|
|
|
|
|
|
|
(i) Fee on Brief,where the rent
|
£
|
s.
|
d.
|
|
(a) does not exceed £50
|
4
|
4
|
0
|
|
(b) exceeds £50 but does not exceed £100
|
6
|
6
|
0
|
|
(c) exceeds £100 but does not exceed £200
|
10
|
10
|
0
|
|
(d) exceeds £200 but does not exceed £400
|
12
|
12
|
0
|
|
(e) exceeds £400 but does not exceed £600
|
15
|
15
|
0
|
|
(f) exceeds £600
|
Such fee as may be allowed on taxation but not to exceed £21 0 0.
|
|
(ii) Fee on settling Notice of Application to Court or Notice of Dispute
|
2
|
2
|
0
|
|
(iii) Fee on advising Proofs,where proper to be allowed on taxation
|
3
|
3
|
0
|
|
(iv) Fee on Consultation
|
3
|
3
|
0
|
|
|
|
B. APPLICATIONS FOR COMPENSATION FOR IMPROVEMENTS AND APPLICATIONS FOR COMPENSATION FOR DISTURBANCE AND ALL OTHER APPLICATIONS NOT OTHERWISE PROVIDED FOR
|
|
|
NOTE--In any case in which judgment is entered for the Respondent and there is no sum claimed by the Applicant upon which the costs of the Respondent can be ascertained, a sum equivalent to five times the Rateable Valuation of the property the subject of the application shall be deemed to be the sum claimed for the purpose of this scale of fees.
|
|
|
|
|
|
|
(i) Fee on Brief,where the sum claimed
|
£
|
s.
|
d.
|
|
(a) does not exceed £50
|
4
|
4
|
0
|
|
(b) exceeds £50 but does not exceed £100
|
6
|
6
|
0
|
|
(c) exceeds £100 but does not exceed £200
|
7
|
7
|
0
|
|
(d) exceeds £200 but does not exceed £300
|
9
|
9
|
0
|
|
(e) exceeds £300 but does not exceed £600
|
12
|
12
|
0
|
|
(f) exceeds £600
|
15
|
15
|
0
|
|
(ii) Fee on settling Notice of Application to Court or Notice of Dispute
|
2
|
2
|
0
|
|
(iii) Fee on advising Proofs,where proper to be allowed on taxation
|
3
|
3
|
0
|
|
(iv) Fee on Consultation
|
3
|
3
|
0
|
|
|
|
HIRE-PURCHASE AND CREDIT SALE ACTIONS
|
|
|
(i) Fee on Brief
|
|
|
On taxation of a Plaintiff's costs, where the amount recovered or, in the case of an action for the specific recovery of a chattel, the amount of the installments due and unpaid under the agreement at the date of the commencement of the proceedings
|
|
|
or
|
|
|
On taxation of a Defendant's costs, where the amount sued for or, in the case of an action for the specific recovery of a chattel, the amount of the instalments due and unpaid under the agreement at the date of the commencement of the proceedings
|
|
|
|
|
|
|
£
|
s.
|
d.
|
|
(a) does not exceed £50
|
4
|
4
|
0
|
|
(b) exceeds £50 but does not exceed £100
|
6
|
6
|
0
|
|
(c) exceeds £100 but does not exceed £300
|
10
|
10
|
0
|
|
(d) exceeds £300 but does not exceed £500
|
13
|
13
|
0
|
|
(e) exceeds £500 but does not exceed £600
|
15
|
15
|
0
|
|
(f) exceeds £600
|
16
|
16
|
0
|
|
(ii) (a) Fee on settling Civil Bill or Defence
|
3
|
3
|
0
|
|
(b) Fee on settling Defence and Counterclaim
|
4
|
4
|
0
|
|
(iii) Fee on advising Proofs
|
3
|
3
|
0
|
|
(iv) Fee on settling Notice for particulars or reply thereto
|
2
|
2
|
0*
|
|
* Where necessary to be settled by Counsel.
|
|
(v) Fee on Consultation
|
3
|
3
|
0
|
|
|
|
GENERAL
|
|
|
1. The fees to be allowed for Counsel as between Party and Party shall be such fees as shall be allowed on Taxation and in accordance with the Schedule where the same is applicable.
|
|
|
2. In any case of unusual difficulty or importance the Judge at the hearing may allow to Counsel such increased fees (save in respect of consultation) as to him seem right.
|
|
|
3. Fees to apply where not otherwise provided in Schedule:
|
|
|
|
|
|
|
£
|
s.
|
d.
|
|
(i) Fee on settling Notice of Motion,where proper to be allowed on taxation
|
2
|
2
|
0
|
|
(ii) Fee on settling Affidavit,where proper to be allowed on taxation
|
2
|
2
|
0
|
|
(iii) Fee on Brief on Motionex parte or Motion on Notice heard on Affidavit,where proper to be allowed on taxation
|
3
|
3
|
0
|
|
(iv) Fee on Brief on Motion or Application requiring oral evidence
|
4
|
4
|
0
|
|
(v) Fee on Consultation,where proper to be allowed on taxation
|
3
|
3
|
0
|
|
|
|
4. Refreshers--Such fee as may be allowed on taxation not to exceed one-half Brief fee to the nearest guinea.
|
|
|
5. Fee of Senior Counsel:
|
|
|
(i) In actions in contract or tort on taxation of Plaintiff's costs where the amount recovered by the Plaintiff, or on taxation of the Defendant's costs where the amount claimed against the Defendant, exceeds £300 a fee (other than on consultation) of 50 per cent. greater than the fee allowed to Junior Counsel in the case shall be allowed for one Senior Counsel.
|
|
|
(ii) In all cases not otherwise provided for one Senior Counsel may be allowed if the Judge at the hearing certifies that it was reasonable to brief Senior Counsel, and, in that event his fee (other than on consultation) shall be 50 per cent. greater than the fee allowed to Junior Counsel in the case.
|
|
|
EXPLANATORY NOTE
|
|
|
These Rules, which come into operation on the 22nd May, 1967, prescribe new scales of costs and fees in substitution for the scales of costs and fees contained in the schedule entitled " Third Schedule " to the Circuit Court Rules, 1954 ( S.I. No. 212 of 1954 ) as amended by the Circuit Court Rules, 1955 ( S.I. No. 1 of 1955 ).
|
|
|
|
