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The Rules of the Supreme Court (Northern Ireland) (Revision) 1980

Type Ni-Statutory-Rule

Publication 1980-10-01

Last updated 2025-07-11

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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articles 1

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(2) The appeal shall be brought by serving on every other party to the proceedings in which the judgment, order or decision was given or made a notice to attend before the judge on a day specified in the notice.

(3) Unless the Court otherwise orders, the notice must be issued within 5 days after the judgment, order or decision appealed against was given or made and served not less than 2 clear days before the day fixed for hearing the appeal.

(4) Except so far as the Court may otherwise direct, an appeal under this rule shall not operate as a stay of the proceedings in which the appeal is brought.

Appeals from certain decisions of the Master (Queen’s Bench and Appeals)

2

An appeal shall lie to the Court of Appeal from any judgment, order or decision of the Master (Queen’s Bench and Appeals) given or made—

(a) on the hearing or determination of any cause, matter, question or issue tried before or referred to him under Order 36, rule 1, or

(b) on an assessment of damages under Order 37 or otherwise.

Appeals from certain decisions of the Master (Chancery)

3

An appeal shall lie to the Court of Appeal from any judgment, order or decision of the Master (Chancery) given or made on the hearing or determination of any cause, matter, question or issue ordered to be tried before him under Order 36, rule 1.

Appeal from a judge in chambers

4

Subject to section 35 of the Act (which restricts appeals), and without prejudice to section 44 of the Act (which provides for an appeal in cases of contempt of court), an appeal shall lie to the Court of Appeal from any judgment, order or decision of a judge in chambers.

Appeal from judgment, etc., of judge in interpleader proceedings

5

(1) Any judgment, order or decision of a judge given or made in summarily determining under Order 17, rule 3(2)(a) or (b), any question at issue between claimants in interpleader proceedings shall be final and conclusive against the claimants and all persons claiming under them unless leave to appeal to the Court of Appeal is given by the judge or the Court of Appeal.

(2) Where an interpleader issue is tried by a judge (with or without a jury), an appeal shall lie to the Court of Appeal, without the leave of the judge or that Court, from any judgment, order or decision given or made by the judge on the trial.

(3) The time within which notice of appeal under this rule must be served shall be the same as in the case of an appeal from an interlocutory order.

ORDER 59 — APPEALS TO THE COURT OF APPEAL

Application of Order to appeals

1

This Order applies, subject to the provisions of these Rules with respect to particular appeals, to every appeal to the Court of Appeal (including, so far as it is applicable thereto, any appeal to that Court from a master or from any tribunal from which an appeal lies to that Court) not being an appeal for each other provision is made by these Rules or by any other statutory provision.

Application of Order to applications for new trial

2

This Order (except so much of rule 3(1) as provides that an appeal shall be by way of rehearing and except rule 11(1)) applies to an application to the Court of Appeal for a new trial or to set aside a verdict, finding or judgment after trial with or without a jury, as it applies to an appeal to that court, and references in this Order to an appeal and to an appellant shall be construed accordingly.

GENERAL PROVISIONS AS TO APPEALS

Notice of appeal

3

(1) An appeal to the Court of Appeal shall be by way of rehearing and must be brought by motion, and the notice of the motion is referred to in this Order as “notice of appeal”.

(2) Notice of appeal may be given either in respect of the whole or in respect of any specified part of the judgment or order of the Court below; and every such notice must specify the grounds of the appeal and the precise form of the order which the appellant proposes to ask the Court of Appeal to make.

(3) Except with the leave of the Court of Appeal, the appellant shall not be entitled on the hearing of an appeal to rely on any grounds of appeal, or to apply for any relief, not specified in the notice of appeal.

(4) A notice of appeal must be served on all parties to the proceedings in the court below who are directly affected by the appeal; and, subject to rule 8, it shall not be necessary to serve the notice on parties not so affected.

(5) No notice of appeal shall be given by a respondent in a case to which rule 6(1) relates.

Time for appealing

4

(1) Subject to the provisions of this rule, every notice of appeal must be served under rule 3(4) within the following period (calculated from the date on which the judgement or order of the court below was filed), that is to say:—

(a) in the case of an appeal from an interlocutory order or from a judgment or order given or made under Order 14 or Order 86, 21 days;

(b) [^f00372] in the case of an appeal from an order or decision made or given in the matter of any proceedings under the Bankruptcy Act (Northern Ireland) 1857 to 1980, Part XX and XXI of the Companies (Northern Ireland) Order 1986 or the Insolvency (Northern Ireland) Order 1989, 28 days.]

(2) Where a summons to vary or discharge a certificate and the further consideration of an action are heard together, and an order is made on both, notice of appeal in respect of the order made on the summons may be served at any time before the expiration of the period within which notice of appeal could be served in respect of the order made on further consideration.

(3) In the case of an appeal from a decision in respect of which a certificate has been granted under section 12 of the Administration of Justice 1969[^f00373] the period referred to in paragraph (1) shall be calculated from the end of the time during which, in accordance with section 13(5) of that Act, no appeal lies to the Court of Appeal.

Setting down appeal

5

(1) The appellant must, within 7 days after service of the notice of appeal, or within such further time as the Master (Queen’s Bench and Appeals) may allow, enter the appeal for hearing by lodging in the Central Office

(a) 2 copies of the notice of appeal, of which one copy must be duly stamped and endorsed with particulars of service;

(b) a copy of the judgment or order of the court below.

(2) Upon the appeal being entered it shall be listed for hearing not earlier than the date named in the notice of appeal, unless an earlier date is fixed at the request and with the written consent of both the appellant and the respondent.

Respondent’s notice

6

(1) A respondent who, having been served with a notice of appeal, desires—

(a) to contend on the appeal that the decision of the court below should be varied, either in any event or in the event of the appeal being allowed in whole or in part, or

(b) to contend that the decision of the court below should be affirmed on grounds other than those relied upon by that court, or

must give notice to that effect, specifying the grounds of his contention and, in a case to which paragraph (a) or (c) relates, the precise form of the order which he proposes to ask the Court to make.

(2) Except with the leave of the Court of Appeal, a respondent shall not be entitled on the hearing of the appeal to apply for any relief not specified in a notice under paragraph (1) or to rely, in support of any contention, upon any ground which has not been specified in such a notice or relief upon by the court below.

(3) Any notice given by a respondent under this rule (in this Order referred to as a “respondent’s notice”) must be served on the appellant, and on all parties to the proceedings in the court below who are directly affected by the contentions of the respondent, and must be served—

(a) where the notice of appeal related to an interlocutory order, within 7 days, and

(b) in any other case, within 21 days,

after the service of the notice of appeal on the respondent.

(4) A party by whom a respondent’s notice is given must, within 2 days after service of the notice, furnish two copies of the notice to the proper officer in the Central Office.

Amendment of notice of appeal and respondent’s notice

7

A notice of appeal or respondent’s notice may be amended by or with the leave of the Court of Appeal, at any time.

Directions of the Court as to service

8

(1) The Court of Appeal may in any case direct that a notice of appeal or respondent’s notice be served on any party to the proceedings in the court below on whom it has not been served, or on any person not party to those proceedings.

(2) The Court of Appeal may in any case where it gives a direction under this rule—

(a) postpone or adjourn the hearing of the appeal for such period and on such terms as may be just, and

(b) give such judgment and make such order on the appeal as might have been given or made if the persons served in pursuance of the direction had originally been parties.

Documents to be lodged by appellant

9

(1) Not less than 7 days before the appeal is likely to be listed for hearing the appellant must cause to be lodged in the Central Office the number of copies for which paragraph (2) provides of each of the following documents, namely—

(a) the notice of appeal;

(b) the respondent’s notice;

(d) the pleadings (including particulars), if any, and, in the case of an appeal in an Admiralty cause or matter, the preliminary acts, if any;

(e) the transcript of the official shorthand note, if any, of the judgment or order of the court below or, in the absence of such a note, the judge’s note of his reasons for giving the judgment or making the order;

(f) such parts of the transcript of the official shorthand note, if any, of the evidence given in the court below as are relevant to any question at issue on the appeal or, in the absence of such a note, such parts of the judge’s note of the evidence as are relevant to any such question;

(g) any list of exhibits made under Order 35, rule 8, or the schedule of evidence, as the case may be;

(h) such affidavits, exhibits, or parts of exhibits, as were in evidence in the court below and as are relevant to any question at issue on the appeal.

(2) The number of copies to be lodged in accordance with paragraph (1) is three unless the Master directs a different number.

General powers of the Court

10

(1) In relation to an appeal the Court of Appeal shall have all the powers and duties as to amendment and otherwise of the High Court including, without prejudice to the generality of the foregoing words, the powers of the Court under Order 36 to refer any question or issue of fact for trial before, or inquiry and report by, a master or referee.

(2) The Court of Appeal shall have power to receive further evidence on questions of fact, either by oral examination in court, by affidavit, or by deposition taken in accordance with Order 39 but, in the case of an appeal from a judgment after trial or hearing of any cause or matter on the merits, no such further evidence (other than evidence as to matters which have occurred after the date of the trial or hearing) shall be admitted except on special grounds.

(3) The Court of Appeal shall have power to draw inferences of fact and to give any judgment and make any order which ought to have been given or made, and to make such further or other order as the case may require.

(4) The powers of the Court of Appeal under the foregoing provisions of this rule may be exercised notwithstanding that no notice of appeal or respondent’s notice has been given in respect of any particular part of the decision of the court below or by any particular party to the proceedings in that court, or that any ground for allowing the appeal or for affirming or varying the decision of that court is not specified in such a notice; and the Court of Appeal may make any order, on such terms as the Court thinks just, to ensure the determination on the merits of the real question in controversy between the parties.

(5) The Court of Appeal may, in special circumstances, order that such security shall be given for the costs of an appeal as may be just.

(6) The powers of the Court of Appeal in respect of an appeal shall not be restricted by reason of any interlocutory order from which there has been no appeal.

(7) Documents impounded by order of the Court of Appeal shall not be delivered out of the custody of that Court except in compliance with an order of that Court:

Provided that where the Attorney General or the Director of Public Prosecutions makes a written request in that behalf, documents so impounded shall be delivered into his custody.

(8) Documents impounded by order of the Court of Appeal, while in the custody of that Court, shall not be inspected except by a person authorised to do so by an order of that Court.

Powers of the Court as to new trials

11

(1) On the hearing of any appeal the Court of Appeal may, if it thinks fit, make any such order as could be made in pursuance of an application for a new trial or to set aside a verdict, finding or judgment of the court below.

(2) The Court of Appeal shall not be bound to order a new trial on the ground of misdirection, or of the improper admission or rejection of evidence, or because the verdict of the jury was not taken upon a question which the judge at the trial was not asked to leave to them, unless in the opinion of the Court of Appeal some substantial wrong or miscarriage has been thereby occasioned.

(3) A new trial may be ordered on any question without interfering with the finding or decision on any other question; and if it appears to the Court of Appeal that any such wrong or miscarriage as is mentioned in paragraph (2) affects part only of the matter in controversy, or one or some only of the parties, the Court may order a new trial as to that part only, or as to that party or those parties only, and give final judgment as to the remainder.

(4) [^f00374] In any case where the Court of Appeal has power to order a new trial on the ground that damages awarded by a jury are excessive or inadequate, the Court may, instead of ordering a new trial, substitute for the sum awarded by the jury such sums as appears to the Court to be proper; but except as aforesaid the Court of Appeal shall not have power to increase or reduce the damages awarded by a jury.]

(5) A new trial shall not be ordered by reason of the ruling of any judge that a document is sufficiently stamped or does not require to be stamped.

Evidence on appeal

12

Where any question of fact is involved in an appeal, the evidence taken in the court below bearing on the question shall, subject to any direction of the Court of Appeal, be brought before that Court as follows:—

(a) in the case of evidence taken by affidavit, by the production of printed copies of such of the affidavits as have been printed, and office copies of such of them as have not been printed;

(b) in the case of evidence given orally, by a copy of so much of the transcript of the official shorthand note as is relevant or by a copy of the judge’s note, where he has intimated that in the event of an appeal his note will be sufficient, or by such other means as the Court of Appeal may direct.

Stay of enforcement, etc.

13

(1) Except so far as the court below or the Court of Appeal may otherwise direct—

(a) an appeal shall not operate as a stay of enforcement or of proceedings under the decision of the court below;

(b) no intermediate act or proceeding shall be invalidated by an appeal.

(2) On an appeal from the High Court, interest for such time as enforcement has been delayed by the appeal shall be allowed unless the Court otherwise orders.

Applications to Court of Appeal

14

(1) Every application to the Court of Appeal shall be by motion, and the provisions of Order 8 shall apply thereto.

(2) Any application to the Court of Appeal for leave to appeal (other than an application made after the expiration of the time for appealing) must be made ex parte in the first instance; but unless the application is then dismissed or it appears to the Court that undue hardship would be caused by an adjournment, the Court shall adjourn the application and give directions for the service of notice thereof on the party or parties affected.

(3) Where an ex parte application has been refused by the court below, an application for a similar purpose may be made to the Court of Appeal ex parte within 7 days after the date of the refusal.

(4) Wherever under these Rules an application may be made either to the court below or to the Court of Appeal, it shall not be made in the first instance to the Court of Appeal, except where there are special circumstances which make it impossible or impracticable to apply to the court below.

Extension of time

15

Without prejudice to the power of the Court of Appeal under Order 3, rule 5, to extend the time prescribed by any provision of this Order, the period for serving notice of appeal under rule 4 or for making application ex parte under rule 14(3) may be extended by the court below on application made before the expiration of that period.

SPECIAL PROVISIONS AS TO PARTICULAR APPEALS

Appeal relating to validity of a law

16

Every appeal under section 35(5) of the Act shall be brought by giving notice of appeal in accordance with rule 3 and every such appeal shall be deemed to be an appeal from a judgment in an action and the rules of this Order shall apply accordingly.

Appeal against order for revocation of patent

17

(1) The following provisions of this rule shall apply to any appeal to the Court of Appeal from an order for the revocation of a patient.

(2) The notice of appeal must be served on the Comptroller-General of Patents, Designs and Trade Marks (in this rule referred to as “the Comptroller”) as well as on the party or parties required to be served under rule 3.

(3) If, at any time before the appeal comes on for hearing, the respondent decides not to appear on the appeal or not to oppose it, he must forthwith serve notice of his decision on the Comptroller and the appellant, and any such notice served on the Comptroller must be accompanied by a copy of the petition or of the pleadings in the action and the affidavits filed therein.

(4) The Comptroller must, within 14 days after receiving notice of the respondent’s decision, serve on the appellant a notice stating whether or not he intends to appear on the appeal.

(5) The Comptroller may appear to be heard in opposition to the appeal—

(a) in any case where he has given notice under paragraph (4) of his intention to appeal, and

(b) in any other case (including, in particular, a case where the respondent withdraws his opposition to the appeal during the hearing) of the Court of Appeal so directs or allows.

(6) The Court of Appeal may make such orders for the postponement or adjournment of the hearing of the appeal as may appear to the Court necessary for the purpose of giving effect to the foregoing provisions of this rule.

Appeals in cases of contempt of court

18

In the case of an appeal to the Court of Appeal under section 44 of the Act, the notice of appeal must be served on the proper officer of the court from whose order or decision the appeal is brought, as well as on the party or parties required to be served under rule 3.

ORDER 60

[[^f00375] . . . ]

[ORDER 60A — REFERRAL TO THE COURT OF APPEAL FROM THE HIGH COURT UNDER SECTION 103C OF THE NATIONALITY, IMMIGRATION AND ASYLUM ACT 2002

Interpretation

1

In this Order –

“the Act” means the Nationality, Immigration and Asylum Act 2002[^f00377] and a section referred to by number means the section so numbered in the Act;

“appeal” means the appeal to the Asylum and Immigration Tribunal under section 82 or 83 of the Act or under section 40A of the British Nationality Act 1981;

“applicant” means the party to the appeal who applied to the High Court for an order under section 103A; and

expressions used in this Order which are used in the 2002 Act have the same meaning in this Order as in the 2002 Act.

Procedure on referral to the Court of Appeal

2

Where an appeal to the Tribunal is referred to the Court of Appeal under section 103C –

(a) the High Court shall set out in its order the question of law raised by the appeal which is of such importance that the High Court considers it should be decided by the Court of Appeal; and

(b) the proper officer shall –

(i) serve a copy of that order on the applicant, the other party to the appeal and the Tribunal; and

(ii) send to the Court of Appeal a copy of all the relevant documents which were lodged in the Central Office under Order 53A.

3

The Court of Appeal may direct the Tribunal to state a case for its consideration.

4

Where the Court of Appeal directs the Tribunal to state a case under rule 3, the Tribunal shall –

(a) state the case within the time limit specified by the Court of Appeal in its direction; and

(b) serve a copy of the case stated on the parties to the appeal at the same time as it sends the case stated to the Court of Appeal.

5

The referral to the Court of Appeal shall be determined in accordance with directions given by the Court of Appeal.

6

Order 61, rules 7 and 8 shall apply, with appropriate modifications, to referrals to the Court of Appeal under section 103C.]

[ Continuing a referral to the Court of Appeal in circumstances in which it would otherwise be treated as abandoned

7

(1) This rule applies to an appeal to the Tribunal which is referred to the Court of Appeal under section 103C of the Act which—

(a) would otherwise be treated as abandoned under section 104(4A) of the Act; but

(b) meets the conditions set out in section 104(4B) or section 104(4C) of the Act.

(2) Where section 104(4A) of the Act applies and the appellant wishes to pursue the appeal, the appellant must lodge a notice in the Central Office—

(a) where section 104(4B) of the Act applies, within 28 days of the date on which the appellant received notice of the grant of leave to enter or remain in the United Kingdom for a period exceeding 12 months; or

(b) where section 104(4C) of the Act applies, within 28 days of the date on which the appellant received notice of the grant of leave to enter or remain in the United Kingdom.

(3) Where the appellant does not comply with the time limits specified in paragraph (2), the application will be treated as abandoned in accordance with section 104(4) of the Act.

(4) The appellant must serve the notice lodged under paragraph (2) on the respondent.

(5) Where section 104(4B) of the Act applies, the notice lodged under paragraph (2) must state—

(a) the appellant’s full name and date of birth;

(b) the Court of Appeal reference number;

(d) the date on which the appellant was granted leave to enter or remain in the United Kingdom for a period exceeding 12 months; and

(e) that the appellant wishes to pursue the application insofar as it is brought on grounds relating to the Refugee Convention specified in section 84(1)(g) of the Act.

(6) Where section 104(4C) of the Act applies, the notice lodged under paragraph (2) must state—

(a) the appellant’s full name and date of birth;

(b) the Court of Appeal reference number;

(d) the date on which the appellant was granted leave to enter or remain in the United Kingdom; and

(e) that the appellant wishes to pursue the application insofar as it is brought on grounds relating to Article 20A of the Race Relations (Northern Ireland) Order 1997 specified in section 84(1)(b) of the Act.

(7) Where an appellant has lodged a notice under paragraph (2) the Court of Appeal will notify the appellant of the date on which it received the notice.

(8) The Court of Appeal will send a copy of the notice issued under paragraph (7) to the other party to the appeal.]

[ ORDER 60B — APPEALS TO THE COURT OF APPEAL [ ON A POINT OF LAW]

[ Appeals from the Industrial Tribunals and Fair Employment Tribunal]

1

(1) Except where the Court of Appeal has given leave to appeal under Order 94 rule 2(3), an appeal to the Court of Appeal from an Industrial Tribunal under Article 22 of the Industrial Tribunals (Northern Ireland) Order 1996[^f00381] or the Fair Employment Tribunal under Article 90 of the Fair Employment and Treatment (Northern Ireland) Order 1998[^f00382] shall be brought by notice of appeal which must state the questions of law on which the appeal is brought.

(2) Within 6 weeks of the appellant receiving a copy of the tribunal’s decision the appellant must serve the notice of appeal on all parties to the proceedings and the tribunal.

Setting down appeal

2

(1) The appellant must, within 7 days after service of the notice of appeal enter the appeal for hearing by lodging in the Central Office—

(a) 2 copies of the notice of appeal;

(b) a certified copy of the tribunal’s decision;

(2) Upon the appeal being entered it shall be listed for hearing not earlier than the expiration of 21 days from the date of entry unless an earlier date is fixed at the request and with the written consent of both the appellant and the respondent.

(3) The proper officer shall send a copy of any final order made under this Order to all parties to the proceedings and the tribunal concerned in the decision.]

[ Appeals from the Upper Tribunal

3

(1) An application for leave to appeal from the Upper Tribunal under section 13 of the Tribunals Courts and Enforcement Act 2007 must be made within 21 days of the Tribunal refusing leave to appeal.

(2) The application for leave to appeal under paragraph (1) should be lodged in the Central Office and must state the point of law on which the appeal is based and, in accordance with the Appeals from the Upper Tribunal to the Court of Appeal Order 2008, the important point of principle or practice or other compelling reason why leave should be granted, and must be accompanied by—

(a) the decision of the Upper Tribunal refusing leave to appeal and any document giving reasons for the decision;

(b) the decision of the Upper Tribunal to which the application relates and any document giving reasons for the decision;

(c) the decision of the First-Tier Tribunal and any document giving reasons for the decision and the notice of appeal against that decision;

(d) any other document relevant to the application.

(3) A copy of the documents referred to in paragraph (2) must, at the same time as being lodged in the Central Office, be served on the other parties to the proceedings and on the Upper Tribunal.

(4) The application for leave to appeal must be listed for hearing no earlier than 21 days from the date the application is lodged and the Central Office must notify the parties of the hearing date.

(5) The Court may direct that in the event leave is granted, the appeal hearing must follow on the same date as the leave hearing.

(6) A copy of the final order made under this Order must be sent by the proper officer to the parties and to the Upper Tribunal.]

ORDER 61 — APPEALS FROM COURTS ETC., TO THE COURT OF APPEAL BY CASE STATED

Proceedings on case stated

1

(1) Subject to any statutory provision, the party (hereinafter called “the applicant”) at whose instance a case has been stated by a court, tribunal or person on a point of law for the opinion of the Court of Appeal must, within 14 days after receiving it—

(a) enter the appeal for hearing by lodging the case stated with a duly stamped requisition for hearing in the Central Office;

(b) serve upon every other party to the appeal a copy of the case stated with the date of such entry endorsed thereon.

(2) Where a case may be stated for the opinion of the Court of Appeal under any statutory provision and in so far as it makes no provision as to the procedure for stating and sending the case to the applicant, then—

(a) the requisition to state the case must be lodged with the court, tribunal or person within 6 weeks commencing on the day the decision complained of was sent to the applicant; and

(b) the case must be settled by the court, tribunal or person and sent to the applicant within a period of 6 weeks commencing on the day the requisition was received.

Appeal books

2

The applicant must within 14 days after entering an appeal for hearing lodge in the Central Office 3 appeal books (unless the Master directs a different number) containing the following documents, namely—

(a) the requisition to state a case;

(b) the case stated;

(d) any other documents which may be relevant to the appeal.

Withdrawal of case stated

3

(1) The applicant or any other person having carriage of the appeal may at any time before the date fixed for hearing apply to the Court of Appeal by motion to withdraw the appeal.

(2) On the hearing of an application to withdraw an appeal any other party may apply to proceed with the appeal in the place of the applicant.

Application for order to state case

4

An application [[^f00384] made pursuant to any statutory provision] to the Court of Appeal or a judge thereof for an order directing a court or tribunal to state a case must be made by motion within a period of 14 days commencing on the date of the refusal or failure of the court or tribunal to state the case.

Application to High Court to state case

5

(1) An application under Article 62 of the County Courts (Northern Ireland) Order 1980[^f00385], to the High Court to state a case for the opinion of the Court of Appeal upon a point of law arising on an appeal shall be made by lodging a requisition into the Central Office within a period of 24 days commencing on the date on which the decision was given and the requisition shall be served on the other party.

(2) The requisition shall specify the point of law upon which the applicant wishes to have an opinion of the Court of Appeal.

(3) The proper officer shall inform the parties of the result of the application.

Judge to settle case stated

6

(1) A case stated under Article 62 of the said Order shall, after such reference to the parties as he may think desirable, be settled by the judge who shall transmit the case stated to the applicant through the Central Office.

(2) The applicant on receipt of the case stated shall enter it for hearing in accordance with rule 1.

Signing of case stated

7

A case stated by a tribunal must be signed by the chairman or president of the tribunal and a case stated by any other person must be signed by him or by a person authorized in that behalf to do so.

Copies of orders

8

The proper officer shall send a copy of any final order made under this Order to the court or tribunal concerned in the decision.

[ Application for leave to appeal to the Court of Appeal from the Tribunal established under section 81 of the Nationality, Immigration and Asylum Act 2002

11

(1) In this rule and rule 12—

“the Act” means the Nationality, Immigration and Asylum Act 2002[^f00389]; and

“the Tribunal” means the Tribunal established under section 81 of the Act.

(2) An application for leave to appeal to the Court of Appeal under sections 103B or 103E of the Act shall be made within 14 days after the appellant is served with written notice of the Tribunal’s decision to refuse leave to appeal.

(3) Such an application shall be made ex parte by lodging the following documents in the Central Office, namely—

(a) a certified copy of the Tribunal’s decision to refuse leave to appeal; and

(b) a statement of the grounds of the application.

(4) The proper officer shall notify the parties of the determination of the Court of Appeal.

(5) Where leave to appeal has been granted, the applicant shall notify the President of the Tribunal.]

[ Appeal from the Tribunal

12

(1) Where leave to appeal to the Court of Appeal under sections 103B or 103E of the Act has been granted by the Tribunal or by the Court of Appeal, the time limit specified in rule 1(2)(a) for lodging the requisition to state a case shall be calculated from the date leave was so granted.

(2) On entering an appeal for hearing a copy of the order granting leave to appeal by the Tribunal or the Court of Appeal must be lodged in the Central Office together with the case stated and the requisition for hearing.]

[ Application for leave to appeal to the Court of Appeal from the Special Immigration Appeals Commission

13

(1) An application for leave to appeal to the Court of Appeal under section 7 of the Special Immigration Appeals Commission Act 1997[^f00392] shall be made within 28 days of the date of the Special Immigration Appeals Commission’s decision to refuse leave to appeal.

(2) Such an application shall be made ex parte by lodging the following documents in the Central Office, namely—

(a) a certified copy of the Commission’s decision to refuse to grant leave to appeal; and

(b) a statement of the grounds of the application.

(3) The proper officer shall notify the parties of the determination of the Court of Appeal.

(4) Where leave to appeal has been granted the applicant shall notify the Chairman of the Commission.

Appeal from the Special Immigration Appeals Commission

14

(1) Where leave to appeal to the Court of Appeal under section 7 of the Special Immigration Appeals Commission Act 1997 has been granted by the Special Immigration Appeals Commission, or by the Court of Appeal, the time limit specified in rule 1(2)(a) for lodging the requisition to state the case shall be calculated from the date leave was so granted.

(2) On entering the appeal for hearing a copy of the order granting leave to appeal by the Commission or by the Court of Appeal must be lodged in the Central Office together with the case stated and the requisition for hearing.]

[ Application for leave to appeal to the Court of Appeal from the Tribunal established under section 91 of the Northern Ireland Act 1998

15

(1) In this rule and rule 16—

“the Act” means the Northern Ireland Act 1998; and

“the Tribunal” means the Tribunal established under section 91 of the Act.

(2) An application for leave to appeal to the Court of Appeal under section 92 of the Act shall be made within 28 days of the date of the Tribunal’s decision to refuse leave to appeal.

(3) Such an application shall be made ex parte by lodging the following documents in the Central Office, namely—

(a) a certified copy of the Tribunal’s decision to refuse to grant leave to appeal; and

(b) a statement of the grounds of the application.

(4) The proper officer shall notify the parties of the determination of the Court of Appeal.

(5) Where leave to appeal has been granted the applicant shall notify the Chairman of the Tribunal.

Appeal from the Tribunal

16

(1) Where leave to appeal to the Court of Appeal under section 92 of the Act has been granted by the Tribunal, or by the Court of Appeal, the time limit specified in rule 1(2)(a) for lodging the requisition to state the case shall be calculated from the date leave was so granted.

(2) On entering the appeal for hearing a copy of the Order granting leave to appeal by the Tribunal or by the Court of Appeal must be lodged in the Central Office together with the case stated and the requisition for hearing.]

[ Application for leave to appeal to the Court of Appeal under section 49(1)(a) of the Competition Act 1998

17

(1) In this rule and rule 18—

“the Act” means the Competition Act 1998; and

“the appeal tribunal” means the appeal tribunal established under section 48(1) of the Act and constituted in accordance with the provisions of Part III of Schedule 7 to the Act.

(2) An application for leave to appeal to the Court of Appeal under section 49(1) (a) of the Act shall be made within 28 days of the appeal tribunal’s decision to refuse leave to appeal.

(3) Such an application shall be made ex-parte by lodging the following documents in the Central Office, namely—

(a) a certified copy of the appeal tribunal’s decision to refuse to grant leave to appeal; and

(b) a statement of the grounds of the application.

(4) The proper officer shall notify the parties of the determination of the Court of Appeal.

(5) Where leave to appeal has been granted the applicant shall notify the Chairman of the appeal tribunal.

Appeal from the appeal tribunal

18

(1) Where leave to appeal to the Court of Appeal under section 49(1)(a) of the Act has been granted by the appeal tribunal or by the Court of Appeal, the time limit specified in rule 1(2)(a) for lodging the requisition to state the case shall be calculated from the date leave was so granted.

(2) On entering an appeal for hearing a copy of the order granting leave to appeal by the appeal tribunal or by the Court of Appeal must be lodged in the Central Office together with the case stated and the requisition for hearing.]

[ Application for suspension of a foreign driving disqualification under the Crime (International Co-operation) Act 2003

19

(1) In this rule and rule 20—

“the Department” means the Department of the Environment for Northern Ireland; and

“the 2003 Act” means the Crime (International Co-operation) Act 2003[^f00396].

(2) An application to the Court of Appeal under section 62(3) of the 2003 Act to suspend a driving disqualification shall be made by way of notice of motion and shall be accompanied by a copy of the application to state a case lodged with the clerk of petty sessions under Article 146 of the Magistrates’ Courts (Northern Ireland) Order 1981[^f00397].

(3) The applicant shall serve a copy of the application made under paragraph (2) on the clerk of petty sessions for the magistrates’ court which heard the appeal against the disqualification under section 59 of the 2003 Act.

(4) The proper officer shall as soon as practicable after the Court of Appeal has made a decision in respect of an application under paragraph (2) notify—

(a) the clerk of petty sessions for the magistrates’ court which heard the appeal against the disqualification under section 59 of the 2003 Act; and

(b) each of the parties to the proceedings,

of that decision.

20

An application to the Court of Appeal under section 62(4) of the 2003 Act to suspend a driving disqualification shall be by way of notice of motion and shall be accompanied by—

(a) a copy of the application made under the Act for leave to appeal to the Supreme Court or a copy of the order granting leave to appeal as appropriate; and

(b) an affidavit setting out the grounds on which the applicant seeks to have the driving disqualification suspended.

21

The provisions of Order 8 shall apply to applications brought under rules 19 and 20.]

[ ORDER 61A — THE EXTRADITION ACT 2003 — APPEALS TO THE HIGH COURT

Interpretation

1

In this Part of this Order—

“the Act” means the Extradition Act 2003 and a section or Schedule referred to by number means the section or Schedule so numbered in the Act;

expressions used have the same meanings as in the Act.

Assignment of proceedings

2

The jurisdiction of the High Court under the Act shall be assigned to the Queen’s Bench Division.

[ Applications for leave to appeal under the Act

3

(1) An application for leave to appeal under the Act shall be brought by ex parte motion entitled in the matter of the Act and specifying the grounds for the application and shall be supported by—

(a) an affidavit verifying the facts relied upon;

(b) a copy of the order to which the application relates; and

(2) In the case of an application for leave to appeal brought under section 26 or 28 of the Act, the ex parte motion shall be endorsed with the date and time of the person’s arrest.

(3) The applicant shall lodge the ex parte motion and supporting documents—

(a) in the case of an application for leave to appeal under section 26 or 28 of the Act, within 7 days starting with the date on which the order was made;

(b) in the case of an application for leave to appeal under section 103 of the Act, within 14 days starting with the day on which the Secretary of State informs the person under section 100(1) or (4) of the Act of the order he has made in respect of the person;

(c) in the case of an application for leave to appeal under section 105 of the Act, within 14 days starting with the day on which the order for discharge is made;

(d) in the case of an application for leave to appeal under section 108 of the Act, within 14 days starting with the date on which the Secretary of State informs the person that he has ordered his extradition;

(e) in the case of an application for leave to appeal under section 110 of the Act, within 14 days starting with the day on which the Secretary of State informs the person acting on behalf of a category 2 territory of the order for discharge;

and shall at the same time send a copy to any party affected by the application.

(4) An application for leave to appeal may be determined by a judge in chambers.

(5) The decision on the application for leave to appeal shall be served on the applicant by the proper officer as soon as is practicable.

(6) Where leave to appeal is refused without a hearing on all or any of the grounds specified in the ex parte motion, the applicant may renew the application for leave to appeal on any refused ground at a hearing.

(7) Notice of a renewed application under paragraph (6) shall be served on any party affected by the application within 5 days of the decision refusing leave wholly or in part, together with—

(a) the ex parte motion and the supporting documents lodged under paragraph (1); and

(b) a copy of the decision.

(8) The applicant shall lodge the notice of renewal application within 5 days of the decision refusing leave to appeal and the notice lodged shall be endorsed with particulars of service on the other parties.

(9) Where leave to appeal is granted on all or any of the grounds in the ex parte motion—

(a) the ex parte motion shall be treated as the notice of appeal insofar as it relates to the grounds on which leave has been granted; and

(b) the applicant shall within 5 days of the decision granting leave serve on all parties to the appeal—

(i) the motion together with a copy of the supporting documents lodged under (1); and

(ii) a copy of the decision.

(10) Where an application for leave to appeal is renewed or where leave to appeal is granted, the respondent may lodge a response not less than 2 clear days before the hearing and shall at the same time serve a copy of the response on the other parties to the proceedings.]

Time limit for beginning to hear appeals under the Act

4

(1) Subject to paragraph (2), where an appeal is brought under section 26 or 28 of the Act, the High Court must begin to hear an appeal within 40 days of the person’s arrest.

(2) The High Court may extend the period of 40 days mentioned in paragraph (1) if it believes it to be in the interests of justice to do so.

(3) Subject to paragraphs (4) and (5), where an appeal is brought under section 103, 105, 108 or 110 of the Act, the High Court must begin to hear an appeal within 76 days of the appellant entering his appeal.

(4) Where an appeal is brought under section 103 of the Act before the Secretary of State has decided whether the person is to be extradited—

(a) the period of 76 days does not start until the day on which the Secretary of State informs the person of his decision; and

(b) the Secretary of State must, as soon as practicable after he informs the person of his decision, inform the High Court—

(i) of his decision; and

(ii) of the day on which he informed the person of his decision.

(5) The High Court may extend the period of 76 days mentioned in paragraph (3) if it believes it to be in the interests of justice to do so.]

[ ORDER 62 — Costs

PART I — PRELIMINARY

Interpretation

1

(1) Except where it is otherwise expressly provided, or the context otherwise requires, the following provisions of this rule shall apply for the interpretation of this Order.

“Certificate” includes allocatur;

“contentious business” and “non-contentious business” have the same meanings respectively as in the Solicitors (Northern Ireland) Order 1976;

“party” in relation to a cause or matter includes a party who is treated as being a party to that cause or matter by virtue of Order 4, rule 5;

“patient” means a person who, by reason of mental disorder within the meaning of the Mental Health (Northern Ireland) Order 1986, is incapable of managing and administering his property and affairs;

“the standard basis” and the indemnity basis” have the meanings assigned to them by rule 12(1) and (2) respectively;

“taxed costs” means costs taxed in accordance with this Order;

“taxing master” means the Master (Taxing Office).

(3) References to a fund, being a fund out of which costs are to be paid or which is held by a trustee or personal representative, include references to any estate or property, whether real or personal, held for the benefit of any person or class of persons; and references to a fund held by a trustee or personal representative include references to any fund to which he is entitled (whether alone or together with any other person) in that capacity, whether the fund is for the time being in his possession or not.

(4) References to costs shall be construed as including references to fees, charges, disbursements, expenses and remuneration and, in relation to proceedings (including taxation proceedings), also include references to costs of or incidental to those proceedings.

Application

2

(1) In addition to the civil proceedings to which this Order applies by virtue of Order 1, rule 2(1) and (2), this Order applies to all criminal proceedings in the High Court and in the Court of Appeal.

(2) This Order shall have effect, with such modifications as may be necessary, where by virtue of any statutory provision the costs of any proceedings before an arbitrator or umpire or before a tribunal or other body constituted by or under any statutory provision not being proceedings in the Supreme Court, are taxable in the High Court.

(3) This Order shall have effect subject to the provisions of any statutory provision which limits the costs recoverable in proceedings to which that provision applies.

(4) The powers and discretion of the Court under section 59 of the Act (which provides that the costs of and incidental to proceedings in the Supreme Court shall be in the discretion of the Court and that the Court shall have full power to determine by whom and to what extent the costs are to be paid) and under the enactments relating to the costs of criminal proceedings to which this Order applies shall be exercised subject to and in accordance with this Order.

PART II — ENTITLEMENT TO COSTS

General principles

3

(1) This rule shall have effect subject only to the following provisions of this Order.

(2) No party to any proceedings shall be entitled to recover any of the costs of those proceedings from any other party to those proceedings except under an order of the Court.

(3) If the court in the exercise of its discretion sees fit to make any order as to the costs of any proceedings, the Court shall order the costs to follow the event, except when it appears to the Court that in the circumstances of the case some other order should be made as to the whole or any part of the costs.

(4) The amount of his costs which any party shall be entitled to recover is the amount allowed after taxation on the standard basis where—

(a) an order is made that the costs of one party to proceedings be paid by another party to those proceedings, or

(b) an order is made for the payment of costs out of any fund (including the legal aid fund), or

unless it appears to the Court to be appropriate to order costs to be taxed on the indemnity basis.

(5) Subject to rule 8, a term mentioned in the first column of the table below, when used in an order for costs, shall have the effect indicated in the second column of that table.

Term	Effect
“Costs”	Where this order is made in interlocutory proceedings, the party in whose favour it is made shall be entitled to his costs in respect of those proceedings whatever the outcome of the cause or matter in which the proceedings arise; andwhere this order is made at the conclusion of a cause or matter, the party in whose favour it is made shall be entitled to have his costs taxed forthwith;
“Costs reserved”	(Except in proceedings in the Family Division) the party in whose favour an order for costs is made at the conclusion of the cause or matter in which the proceedings arise shall be entitled to his costs of the proceedings in respect of which this order is made unless the court orders otherwise;
“Costs in any event”	This order has the same effect as an order for “costs” made in interlocutory proceedings;
“Costs here and below”	The party in whose favour this order is made shall be entitled not only to his costs in respect of the proceedings in which it is made but also to his costs of the same proceedings in any lower court.
“Costs in the cause” or “costs in application”	The party in whose favour an order for costs is made at the conclusion of the cause or matter in which the proceedings arise shall be entitled to his costs of the proceedings in respect of which such an order is made;
“Plaintiff’s costs in the cause” or “Defendant’s costs in the cause”	The plaintiff or defendant, as the case may be, shall be entitled to his costs of the proceedings in respect of which such an order is made if judgment is given in his favour in the cause or matter in which the proceedings arise, but he shall not be liable to pay the costs of any other party in respect of those proceedings if judgment is given in favour of any other party or parties in the cause or matter in question;
“Costs thrown away”	Where proceedings or any part of them have been ineffective or have been subsequently set aside, the party in whose favour this order is made shall be entitled to his costs of those proceedings or that part of the proceedings in respect of which it is made.
	[E.r. 3]

Cases where no order for costs is to be made

4

(1) No order shall be made directing one party to pay to the other any costs of or incidental to an appeal or application for leave to appeal under section 6(2) of the Pensions Appeal Tribunals Act 1943.

(2) No order shall be made for costs to be paid by or to any person (other than the registration officer) who is respondent to an appeal to the Court of Appeal from the decision of a county court on the hearing of an appeal from the registration officer under section 56 of the Representation of the People Act 1983, unless that person appears in support of the decision of the county court.

(3) In a probate action where a defendant has given notice with his defence to the party setting up the will that he merely insists upon the will being proved in solemn form of law and only intends to cross-examine the witnesses produced in support of the will, no order for costs shall be made against him unless it appears to the Court that there was no reasonable ground for opposing the will.

Cases where no order for costs is required

5

(1) No order for costs is required in the circumstances mentioned in this rule.

(2) Where a summons is taken out to set aside any proceedings on the ground of irregularity and the summons is dismissed, the party who issued the summons shall pay the costs of every other party.

(3) Where a party by notice in writing and without leave discontinues an action or counterclaim or withdraws any particular claim made by him as against any other party, that other party shall be entitled to his costs of the action or counterclaim or his costs occasioned by the claim withdrawn, as the case may be, incurred to the time of receipt of the notice of discontinuance or withdrawal.

(4) Where a plaintiff by notice in writing in accordance with Order 22, rule 3(1) accepts money paid into court in satisfaction of the cause of action or of all the causes of action in respect of which he claims, or accepts money paid in satisfaction of one or more specified causes of action and gives notice that he abandons the others, he shall be entitled to his costs of the action incurred up to the time of giving notice of acceptance.

(5) Where, in an action for libel or slander against several defendants sued jointly, a plaintiff by notice in writing in accordance with Order 22, rule 3(1) accepts money paid into court by one of the defendants he shall be entitled to his costs of the action against that defendant incurred up to the time of giving notice of acceptance.

(6) A defendant who has counterclaimed shall be entitled to the costs of the counterclaim if—

(a) he pays money into Court and his notice of payment in states that he has taken into account and satisfied the cause or causes of action in respect of which he counterclaims, and

(b) the plaintiff accepts the money paid in;

but the costs of such counterclaim shall be limited to those incurred up to the time when the defendant received notice of acceptance by the plaintiff of the money paid into court.

Cases where costs do not follow the event

6

(1) The provisions of this rule shall apply in the circumstances mentioned in this rule unless the court orders otherwise.

(2) Where a person is or has been a party to any proceedings in the capacity of trustee, personal representative or mortgagee, he shall be entitled to the costs of those proceedings, insofar as they are not recovered from or paid by any other person, out of the fund held by him in that capacity or out of the mortgaged property, as the case may be, and the Court may order otherwise only on the ground that he has acted unreasonably or, in the case of a trustee or personal representative, has in substance acted for his own benefit rather than for the benefit of the fund.

(3) Where any person claiming to be a creditor—

(a) seeks to establish any claim to a debt under any judgment or order in accordance with Order 44, or

(b) comes in to prove his title, debtor claim in relation to a company in pursuance of any such notice as is mentioned in Order 102, rule 12,

he shall, if his claim succeeds, be entitled to his costs incurred in establishing it; and, if his claim or any part of it fails, he may be ordered to pay the costs of any person incurred in opposing it.

(4) Where a claimant (other than a person claiming to be a creditor) has established a claim to be entitled under a judgment or order in accordance with Order 44, and has been served with notice of the judgment or order pursuant to rule 2 of that Order, he shall, if he enters an appearance, be entitled as part of his costs of action (if allowed) to costs incurred in establishing his claim; and where such a claimant fails to establish his claim or any part of it he may be ordered to pay the costs of any person incurred in opposing it.

(5) The costs of any amendment made without leave in the writ or any pleadings shall be borne by the party making the amendment.

(6) The costs of any application to extend the time fixed by these rules or by any direction or order thereunder shall be borne by the party making the application.

(7) [^f00401] If a party on whom a notice to admit facts is served under Order 27, rule 2, refuses or neglects to admit the facts within 14 days after the service on him of the notice or such longer time as may be allowed by the Court, the costs of proving the facts and the costs occasioned by and thrown away as a result of his failure to admit the facts shall be borne by him.

(8) If a party—

(a) on whom a list of documents is served in pursuance of Order 24, or

(b) on whom a notice to admit documents is served under Order 27, rule 5,

give notice of non-admission of any of the documents in accordance with Order 27, rule 4(2) or 5(2), as the case may be, the costs of proving that document and the costs occasioned by and thrown away as a result of his non-admission shall be borne by him.]

(9) Where an application is made in accordance with Order 24, [[^f00402] rule 8,] or Order 29, rule 9, for an order under section 31 or 32(1) of the Administration of Justice Act 1970 the person against whom the order is sought shall be entitled to his costs of the application, and of complying with any order made thereon.

Special circumstances in which costs shall not or may not be taxed

7

(1) The provisions of this rule shall apply in the circumstances mentioned in this rule.

(2) Costs which by or under any direction of the Court are to be paid to a receiver appointed by the High Court under section 91(1) of the Act, in respect of his remuneration, disbursements or expenses, shall be allowed in accordance with Order 30, rule 3 and shall not be taxed.

(3) Where a writ in an action is indorsed in accordance with Order 6, rule 2(b), and judgment is entered on failure to enter an appearance or in default of defence for the amount claimed for costs (whether alone or together with any other amount claimed), the plaintiff is not entitled to tax his costs; but if the amount claimed for costs as aforesaid is paid in accordance with the indorsement (or is accepted by the plaintiff as if so paid) the defendant shall be entitled to have those costs taxed.

(4) In awarding costs to any person the Court may order that, instead of his taxed costs, that person shall be entitled—

(a) to a proportion (specified in the order) of those costs from or up to a stage of the proceedings so specified; or

(b) to a gross sum so specified in lieu of those costs,

but where the person entitled to such a gross sum is a litigant in person, rule 18 shall apply with the necessary modifications to the assessment of the gross sum as it applies to the taxation of the costs of a litigant in person.

(5) Where a claimant is entitled to costs under rule 6(3) the amount of the costs shall be assessed by the Court unless it thinks fit to order taxation and the amount so assessed or taxed shall be added to the debt due to the claimant.

[E.r. 7]

(6) [^f00403] Subject to paragraph (7), where a party is entitled to costs under rule 6(7) or (8) the amount of the costs may be assessed by the Court and may be ordered to be paid forthwith.

(7) No order may be made under paragraph (6) in a case where the person against whom the order is made is an assisted person within the meaning of the statutory provisions relating to legal aid.]

Stage of proceedings at which costs to be taxed

8

(1) Subject to paragraph (2), the costs of any proceedings shall not be taxed until the conclusion of the cause or matter in which the proceedings arise.

(2) If it appears to the Court when making an order for costs that all or any part of the costs ought to be taxed at an earlier stage it may, except in a case to which paragraph (3) applies, order accordingly.

(3) No order may be made under paragraph (2) in a case where the person against whom the order for costs is made is an assisted person within the meaning of the statutory provisions relating to legal aid.

(4) In the case of an appeal, the costs of the proceedings giving rise to the appeal, as well as the costs of the appeal, may be dealt with by the Court hearing the appeal.

(5) In the case of any proceedings transferred or removed to the High Court from any other court, the High Court may (subject to any order of the court ordering the transfer or removal) deal with the costs of the whole proceedings (including the costs before the transfer or removal).

(6) Notwithstanding anything in Part III of this Order, but subject to paragraph (7) below, where the Court makes an order as to the costs of any proceedings before another court under paragraphs (4) or (5), the order—

(a) shall specify the amount of the costs to be allowed; or

(b) shall direct that the costs be assessed by the court before which the proceedings took place or be taxed by an officer of that court; or

(7) Paragraph (6) shall not apply in relation to the costs of proceedings transferred or removed from a county court.

(8) Where it appears to the Taxing Master on application that there is no likelihood of any further order being made in a cause or matter, he may tax forthwith the costs of any interlocutory proceedings which have taken place.

Matters to be taken into account in exercising discretion

9

The Court in exercising its discretion as to costs shall take into account—

(a) any offer of contribution brought to its attention in accordance with Order 16, rule 10;

(b) any payment of money into court and the amount of such payment;

Misconduct or neglect in the conduct of any proceedings

10

(1) Where it appears to the Court in any proceedings that anything has been done, or that any omission has been made, unreasonably or improperly by or on behalf of any party, the Court may order that the costs of that party in respect of the act or omission, as the case may be, shall not be allowed and that any costs occasioned by it to any other party shall be paid by him to that other party.

(2) Instead of making an order under paragraph (1) the Court may refer the matter to the Taxing Master, in which case the Taxing Master shall deal with the matter under rule 28(1).

[ Penalty in costs where oral evidence not reasonably necessary

10A

Without prejudice to rule 10, where it appears to the Court in any proceedings that—

(a) any witness has been called to give oral evidence where his evidence could have been put before the Court in some other manner, and

(b) his giving oral evidence was not reasonably necessary,

the Court may order that the costs occasioned by calling the witness to give oral evidence shall fall upon the party who caused him so to be called, and for this purpose may make such provision in respect of taxation against other parties or the legal aid fund as it thinks fit.]

Personal liability of solicitor for costs

11

(1) Subject to the following provisions of this rule, where it appears to the Court that costs have been incurred unreasonably or improperly in any proceedings or have been wasted by failure to conduct proceedings with reasonable competence and expedition, the Court may—

(a) order—

(i) the solicitor whom it considers to be responsible (whether personally or through a servant or agent) to repay to his client costs which the client has been ordered to pay to any other party to the proceedings; or

(ii) the solicitor personally to indemnify such other parties against costs payable by them; and

(iii) the costs as between the solicitor and his client to be disallowed; or

(b) direct the Taxing Master to enquire into the matter and report to the Court, and upon receiving such a report the Court may make such order under sub-paragraph (a) as it thinks fit.

(2) When conducting an enquiry pursuant to a direction under paragraph (1)(b) the Taxing Master shall have all the powers and duties of the Court under paragraphs (4), (5), (6) and (8) of this rule.

(3) Instead of proceeding under paragraph (1) of this rule the Court may refer the matter to the Taxing Master, in which case the Taxing Master shall deal with the matter under paragraphs (2) and (3) of rule 28.

(4) Subject to paragraph (5), before an order may be made under paragraph (1)(a) of this rule the Court shall give the solicitor a reasonable opportunity to appear and show cause why an order should not be made.

(5) The Court shall not be obliged to give the solicitor a reasonable opportunity to appear and show cause where proceedings fail, cannot conveniently proceed or are adjourned without useful progress being made because the solicitor—

(a) fails to attend in person or by a proper representative;

(b) fails to deliver any document for the use of the Court which ought to have been delivered or to be prepared with any proper evidence or account; or

(6) The Court may direct the Official Solicitor to attend and take part in any proceedings or inquiry under this rule and the Court shall make such order as to the payment of the Official Solicitor’s costs as it thinks fit.

(7) If in any proceedings a party who is represented by a solicitor fails to pay the fees or any part of the fees prescribed by the Orders as to Court fees then, on the application of the Official Solicitor by summons, the Court may order the solicitor personally to pay that amount in the manner so prescribed and to pay the Official Solicitor’s costs of the application.

(8) The Court may direct that notice of any proceedings or order against a solicitor under this rule be given to his client in such a manner as may be specified in the direction.

PART III — TAXATION AND ASSESSMENT OF COSTS

Basis of Taxation

12

(1) On a taxation of costs on the standard basis there shall be allowed a reasonable amount in respect of all costs reasonably incurred and any doubts which the Taxing Master may have as to whether the costs were reasonably incurred or were reasonable in amount shall be resolved in favour of the paying party; and in these rules the term “the standard basis” in relation to the taxation of costs shall be construed accordingly.

(2) On a taxation on the indemnity basis all costs shall be allowed except insofar as they are of an unreasonable amount or have been unreasonably incurred and any doubts which the Taxing Master may have as to whether the costs were reasonably incurred or were reasonable in amount shall be resolved in favour of the receiving party; and in these rules the term the “indemnity basis” in relation to the taxation of costs shall be construed accordingly.

(3) Where the Court makes an order for costs without indicating the basis of taxation or an order that costs be taxed on any basis other than the standard basis or the indemnity basis, the costs shall be taxed on the standard basis.

Assessment or settlement of costs by master

13

Where the Court orders that costs are to be assessed or settled by a master rules 3(4), 12, 14, 17 and 18 shall apply in relation to such assessment or settlement by a master as they apply in relation to a taxation of costs by the Taxing Master.

Costs payable to a trustee or personal representative out of any fund

14

(1) This rule applies to every taxation of a trustee’s or personal representative’s costs where—

(a) he is or has been a party to any proceedings in that capacity; and

(b) he is entitled to be paid his costs out of any fund which he holds in that capacity.

(2) On a taxation to which this rule applies, costs shall be taxed on the indemnity basis, but shall be presumed to have been unreasonably incurred if they were incurred contrary to the duty of the trustee or personal representative as such.

Costs payable to a solicitor by his own client

15

(1) This rule applies to every taxation of a solicitor’s bill to his own client except a bill which is to be paid out of the legal aid fund under the Legal Aid Fund Advice and Assistance (Northern Ireland) Order 1981.

(2) On a taxation to which this rule applies costs shall be taxed on the idemnity basis but shall be presumed—

(a) to have been reasonably incurred if they were incurred with the express or implied approval of the client, and

(b) to have been reasonable in amount if their amount was expressly or impliedly approved by the client, and

(c) to have been unreasonably incurred if in the circumstances of the case they are of an unusual nature unless the solicitor satisfies the Taxing Master that prior to their being incurred he informed his client that they might not be allowed on a taxation of costs inter parties.

Costs payable to solicitor where money claimed by or on behalf of a minor or a patient

16

(1) This rule applies to any proceedings (including proceedings in the Court of Appeal) in which:

(a) money is claimed or recovered by or on behalf of, or adjudged, or ordered, or agreed to be paid to, or for the benefit of, a minor or a patient; or

(b) money paid into court is accepted by or on behalf of a minor or patient.

(2) The costs of proceedings to which this rule applies which are payable by any plaintiff to his solicitor shall, unless the Court otherwise orders, be taxed under paragraphs (1) and (2) of rule 15.

(3) On a taxation under paragraph (2), the Taxing Master shall also tax any costs payable to that plaintiff in those proceedings and shall certify—

(a) the amount allowed on the taxation of the solicitor’s bill to his own client, and

(b) the amount allowed on the taxation of any costs payable to that plaintiff in those proceedings, and

(c) the amount (if any) by which the amount mentioned in sub-paragraph (a) exceeds the amount mentioned in sub-paragraph (b), and

(d) where necessary, the proportion of the amount of such excess payable by, or out of money belonging to, respectively any claimant who is a minor or patient and any other party.

(4) Paragraphs (2) and (3) shall apply in relation to any proceedings in the Court of Appeal as if for references to the plaintiff there were substituted references to the party, whether appellant or respondent, who was the plaintiff in the proceedings which gave rise to the appeal proceedings.

(5) Nothing in the foregoing provisions of this rule shall prejudice a solicitor’s lien for costs.

(6) The foregoing provisions of this rule shall apply in relation to—

(a) a counterclaim by or on behalf of a person who is a minor or a patient, and

(b) a claim made by or on behalf of a person who is a minor or a patient in an action by any other person for relief under [[^f00405] sections 183 to 189 of the Merchant Shipping Act 1995,]

as if for references to a plaintiff there were substituted references to a defendant.

Provisions for ascertaining costs on a taxation

17

(1) Subject to the following provisions of this rule, the provisions contained in Appendix 2 to this Order for ascertaining the amount of costs to be allowed on a taxation of costs shall apply to the taxation of all costs with respect to contentious business.

(2) Where the amount of a solicitor’s remuneration in respect of non-contentious business is regulated (in the absence of agreement to the contrary) by any general orders for the time being in force under the Solicitors (Northern Ireland) Order 1976, the amount of the costs to be allowed on taxation in respect of the like contentious business shall be the same notwithstanding anything contained in Appendix 2 to this Order.

(3) Notwithstanding paragraph (1), costs shall be allowed in the cases to which Appendix 3 to this Order applies in accordance with the provisions of that Appendix unless the Court otherwise orders.

(4) Save as otherwise provided by any statutory provision passed after the Act and save in cases to which paragraph (3) applies, if damages or other relief awarded could have been obtained in proceedings commenced in the County Court, the plaintiff shall not, except for special cause shown and mentioned in the judgment making the award, recover more costs than would have been recoverable had the same relief been awarded by the County Court.

(5) In cases to which paragraph (7) applies where the full amount of the claim exceeds the amount which could have been claimed in proceedings brought in the county court, the plaintiff shall unless the judge otherwise directs, and without prejudice to any direction under paragraph (4), be entitled to recover one-half of his costs.

(6) For the purposes of paragraph (5) the full amount of the claim shall be deemed to be the amount quantified by the Court for which judgment could have been entered if the Court had not made any deduction in respect of the claimant’s own fault,

(7) Where a plaintiff is entitled to costs on a county court scale only, the Taxing Master shall have the same discretion to allow any item of costs as the judge of the county court would have had if the action had been brought in that court.

(8) The provisions of this rule shall not apply where any defendant has successfully opposed the remittal of the proceedings to the county court which was sought or concurred in by the plaintiff.

(9) Where in pursuance of any direction by the Court, draft documents are settled by any counsel appointed by the Court the costs of having those draft documents prepared or subsequently settled by other counsel on behalf of the same parties for whom such draft documents are settled by the counsel appointed by the Court shall not be allowed.

Litigants in person

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(1) Subject to the provisions of this rule, on any taxation of the costs of a litigant in person there may be allowed such costs as would have been allowed if the work and disbursements to which the costs relate had been done or made by a solicitor on the litigant’s behalf.

(2) The amount allowed in respect of any item shall be such sum as the Taxing Master thinks fit but not exceeding, except in the case of a disbursement, two-thirds of the sum which in the opinion of the Taxing Master would have been allowed in respect of that item if the litigant has been represented by a solicitor.

(3) Where it appears to the Taxing Master that the litigant has not suffered any pecuniary loss in doing any item of work to which the costs relate, he shall be allowed in respect of the time reasonably spent by him on that item not more than [[^f00406] £9·25] an hour.

(4) A litigant who is allowed costs in respect of attending court to conduct his case shall not be entitled to a witness allowance in addition.

(5) Nothing in Order 6, rule 2(b), or in rule 17(3) of, or Appendix 3 to, this Order shall apply to the costs of a litigant in person.

(6) For the purposes of this rule a litigant in person does not include a litigant who is a practising solicitor.

PART IV — POWERS OF TAXING MASTER

Who may tax costs

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(1) Subject to paragraph (2), the Taxing Master shall have power to tax—

(a) the costs of or arising out of any proceedings to which this Order applies,

(b) any other costs the taxation of which is ordered by the Court.

(2) Where by or under any statutory provision any costs are to be taxed by a master of the Supreme Court, only the Taxing Master shall tax those costs.

Supplementary powers of the taxing master

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The Taxing Master may, in the discharge of his functions with respect to the taxation of costs,—

(a) take an account of any dealings in money made in connection with the payment of the costs being taxed, if the Court so orders;

(b) require any party represented jointly with any other party in any proceedings before him to be separately represented;

(d) order the production of any document which may be relevant in connection with those proceedings.

Extension of time

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(1) The Taxing Master may—

(a) extend the period within which a party is required by or under this Order or by the Court to begin proceedings for taxation or to do anything in or in connection with those proceedings on such terms (if any) as he thinks just; or

(b) where no period is specified by or under this Order or by the Court for the doing of anything in or in connection with such proceedings, specify the period within which the thing is to be done.

(2) The Taxing Master may extend any such period as is referred to in paragraph (1) of this rule although the application for extension is not made until after the expiration of that period.

Certificates

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(1) The Taxing Master—

(a) shall, at the conclusion of taxation proceedings before him, issue a certificate for the costs allowed by him;

(b) may from time to time in the course of the taxation issue an interim certificate for any part of the costs which have been taxed, or for any part, the amount of which is not in dispute;

(d) may correct any clerical mistake in any certificate issued by him or any error arising therein from any accidental slip or omission, and

(e) may set aside a certificate issued by him in order to enable him to extend the period provided by rule 33(2).

(2) If the course of the taxation of a solicitor’s bill to his own client, it appears to the Taxing Master that in any event the solicitor will be liable in connection with that bill to pay money to the client, he may from time to time issue an interim certificate specifying an amount which in his opinion is payable by the solicitor to his client.

(3) On the filing of a certificate issued under paragraph (2) the Court may order the amount specified in it to be paid forthwith to the client or into court.

Power of Taxing Master where party liable to be paid and to pay costs

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Where a party entitled to be paid costs is also liable to pay costs, the Taxing Master may—

(a) tax the costs which that party is liable to pay and set off the amount allowed against the amount he is entitled to be paid and direct payment of any balance; or

(b) delay the issue of a certificate for the costs the party is entitled to be paid until he has paid or tendered the amount he is liable to pay.

Taxation of bill of costs comprised in an account

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(1) Where the Court orders an account to be taken and the account consists in part of a bill of costs, the court may direct the Taxing Master to tax those costs and the Taxing Master shall after taxation of the bill of costs return it, together with his report on it, to the Court.

(2) The Taxing Master taxing a bill of costs in accordance with a direction under paragraph (1) shall have the same powers, and the same fee shall be payable in connection with the taxation, as if an order for taxation of the costs had been made by the Court.

Taxing Master to fix certain fees payable to conveyancing counsel

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(1) Where the Court refers any matter to the conveyancing counsel of the Court or obtains the assistance of any other person under Order 32, rule 15, the fees payable to counsel or that other person in respect of the work done by him in connection with the reference or as the case may be, in assisting the Court shall be fixed by the Taxing Master.

(2) An appeal from a decision of the Taxing Master under paragraph (1) shall lie to the Court and the decision of the Court thereon shall be final.

Powers of Taxing Master on taxation of costs out of a fund

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(1) Where any costs are to be paid out of a fund the Taxing Master may give directions as to the parties who are entitled to attend on the taxation of those costs and may disallow the costs of attendance of any party not entitled to attend by virtue of the directions and whose attendance he considers unnecessary.

(2) Where the Court has directed that a bill of costs be taxed for the purpose of being paid out of a fund, the Taxing Master may direct the party whose bill it is to send to any person having an interest in the fund a copy of the bill, or of any part thereof, free of charge together with a letter containing the following information, that is to say—

(a) that the bill of costs, a copy of which or of part of which is sent with the letter, has been referred to the Taxing Master for taxation;

(b) the address of the office at which the taxation is proceeding;

(d) such other information, if any, as the Taxing Master may direct.

Powers of Taxing Master in relation to costs of taxation proceedings

27

(1) Subject to any statutory provision and this Order, the party whose bill is being taxed shall be entitled to his costs of the taxation proceedings.

(2) Where it appears to the Taxing Master that in the circumstances of the case some other order should be made as to the whole or any part of the costs, the Taxing Master shall have, in relation to the costs of taxation proceedings, the same powers as the Court has in relation to the costs of proceedings.

(3) Subject to paragraph (5), the party liable to pay the costs of the proceedings which gave rise to the taxation proceedings may make a written offer to pay a specific sum in satisfaction of those costs which is expressed to be “without prejudice save as to the costs of taxation” at any time before the expiration of 14 days after the delivery to him of a copy of the bill of costs under rule 30(3) and, where such an offer is made, the fact that it has been made shall not be communicated to the Taxing Master until the question of the costs of the taxation proceedings falls to be decided.

(4) The Taxing Master may take into account any offer made under paragraph (3) which has been brought to his attention.

(5) No offer to pay a specific sum in satisfaction of costs may be made in a case where the person entitled to recover his costs is an assisted person within the meaning of the statutory provisions relating to legal aid.

(6) In this rule any reference to the costs of taxation proceedings shall be construed as including a reference to any fee which is prescribed by the Orders as to court fees for the taxation of a bill of costs.

Powers of Taxing Master in relation to misconduct, neglect etc.

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(1) Where, whether or not on a reference by the Court under rule 10(2), it appears to the Taxing Master that anything has been done, or that any omission has been made, unreasonably or improperly by or on behalf of any party in the taxation proceedings he may exercise the powers conferred on the Court by rule 10(1).

(2) Where, whether or not on a reference by the Court under rule 11(3), it appears to the Taxing Master that—

(a) any costs have been incurred unreasonably or improperly in the taxation proceedings, or

(b) any costs have been wasted by failure to conduct those proceedings with reasonable competence and expedition, or

he may, subject to paragraph (3) of this rule, exercise the powers conferred on the Court by rule 11(1)(a).

(3) In relation to the exercise by the Taxing Master of the powers of the Court under paragraph (2) of this rule, paragraphs (4) to (8) of rule 11 shall apply as if for references to the Court there were substituted references to the Taxing Master.

(4) Where a party entitled to costs—

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