LegalizeCounty Court (Amendment) Rules (Northern Ireland) 1996
Made: 27th January 1996
Coming into operation: 26th February 1996
We, the County Court Rules Committee, appointed by the Lord Chancellor under Article 46 of the County Courts (Northern Ireland) Order 1980[^f00001], in exercise of the powers conferred on us by Article 47 of that Order and all other powers enabling us in that behalf, hereby make the following rules:—
Citation and interpretation
1
- (1) These rules may be cited as the County Court (Amendment) Rules (Northern Ireland) 1996.
- (2) In these rules a reference to an Order, Rule, Appendix or Form is a reference to that Order, Rule, Appendix or Form as numbered in the County Court Rules (Northern Ireland) 1981[^f00002].
Costs
2
- (1) Order 19 shall be amended at Rule 5 by deleting the figure “£22·96” and substituting the figure “£25·54”.
- (2) Order 24 shall be amended, at paragraph 7(a) of Rule 9, by deleting the figure “£9·00”, and substituting the figure “£10·00” and by deleting the figure “£12·70” and substituting the figure “£14·12”.
- (3) Order 33 shall be amended, at paragraph (6) of Rule 10, by deleting the figure “£5·22” and substituting the figure “£5·80”.
- (4) Order 55 shall be amended as follows:—
- (a) by deleting, in Rule 13, the figure “80p” and substituting the figure “90p”.
- (b) by deleting, in Rule 17, the figure “£1·86” and substituting the figure “£2·06”.
- (5) For Appendix 2 there shall be substituted the new Appendix set out in the Schedule.
SCHEDULE — APPENDIX 2
Part I — Ordinary civil bills
| In actions where amount decreed— | Solicitor’s costs |
|---|---|
| (1) | (2) |
| i does not exceed £500 | £156 |
| ii exceeds £500 but does not exceed £1,000 | £384 |
| iii exceeds £1,000 but does not exceed £2,000 | £613 |
| iv exceeds £2,000 but does not exceed £3,000 | £841 |
| v exceeds £3,000 but does not exceed £4,000 | £1,033 |
| vi exceeds £4,000 but does not exceed £5,000 | £1,168 |
| vii exceeds £5,000 but does not exceed £6,000 | £1,302 |
| viii exceeds £6,000 but does not exceed £7,000 | £1,424 |
| ix exceeds £7,000 but does not exceed £8,000 | £1,535 |
| x exceeds £8,000 but does not exceed £9,000 | £1,635 |
| xi exceeds £9,000 but does not exceed £10,000 | £1,724 |
| xii exceeds £10,000 but does not exceed £12,500 | £1,870 |
| xiii exceeds £12,500 but does not exceed £15,000 | £2,055 |
| In actions where amount decreed— | Counsel’s fee |
| --- | --- |
| (1) | (3) |
| This Table does not apply to actions for defamation. Counsel travelling to attend a court— 20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £16·60; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £33·24. Solicitor travelling to attend a court— 20 to 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £16·60; more than 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £33·24. Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel. For each copy civil bill required for service after first add 90p to costs. See Order 55, Rule 13. Where service of civil bill effected by post under Rule 3(2)(b) of Order 6 the solicitor is entitled to £2·06 inclusive of outlay in lieu of process server’s fee. See Order 55, Rule 17. For drafting a reply to a notice for further particulars, the solicitor or counsel, as the case may be, is entitled to an additional sum of £19·47. This item is only to be allowed against the other party in actions where the amount claimed exceeds £2,000 and the allowance is recorded in the court minute book. For each day or part of a day on which a trial or hearing is continued after the first day— counsel is entitled to an additional sum equivalent to one third of the scale fee; a solicitor in attendance is entitled to an additional sum equivalent to one third of counsel’s scale fee. Where in any action or application under the Consumer Credit Act 1974 the amount decreed exceeds £15,000, the costs may be increased by such amounts as the Judge thinks proper having regard to the amount involved or the importance or difficulty of the case. | This Table does not apply to actions for defamation. Counsel travelling to attend a court— 20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £16·60; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £33·24. Solicitor travelling to attend a court— 20 to 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £16·60; more than 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £33·24. Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel. For each copy civil bill required for service after first add 90p to costs. See Order 55, Rule 13. Where service of civil bill effected by post under Rule 3(2)(b) of Order 6 the solicitor is entitled to £2·06 inclusive of outlay in lieu of process server’s fee. See Order 55, Rule 17. For drafting a reply to a notice for further particulars, the solicitor or counsel, as the case may be, is entitled to an additional sum of £19·47. This item is only to be allowed against the other party in actions where the amount claimed exceeds £2,000 and the allowance is recorded in the court minute book. For each day or part of a day on which a trial or hearing is continued after the first day— counsel is entitled to an additional sum equivalent to one third of the scale fee; a solicitor in attendance is entitled to an additional sum equivalent to one third of counsel’s scale fee. Where in any action or application under the Consumer Credit Act 1974 the amount decreed exceeds £15,000, the costs may be increased by such amounts as the Judge thinks proper having regard to the amount involved or the importance or difficulty of the case. |
| (i) does not exceed £500 | £48 |
| (ii) exceeds £500 but does not exceed £1,000 | £100 |
| (iii) exceeds £1,000 but does not exceed £2,000 | £140 |
| (iv) exceeds £2,000 but does not exceed £3,000 | £186 |
| (v) | |
| (vi) exceeds £4,000 but does not exceed £5,000 | £247 |
| (vii) exceeds £5,000 but does not exceed £7,500 | £344 |
| (viii) exceeds £7,500 but does not exceed £10,000 | £401 |
| (ix) exceeds £10,000 but does not exceed £12,500 | £458 |
| (x) exceeds £12,500 but does not exceed £15,000 | £516 |
Ordinary civil bills
| In actions where amount claimed— | Solicitor’s costs |
|---|---|
| (1) | (2) |
| i does not exceed £500 | £148 |
| ii exceeds £500 but does not exceed £1,000 | £366 |
| iii exceeds £1,000 but does not exceed £2,000 | £584 |
| iv exceeds £2,000 but does not exceed £3,000 | £799 |
| v exceeds £3,000 but does not exceed £4,000 | £982 |
| vi exceeds £4,000 but does not exceed £5,000 | £1,109 |
| vii exceeds £5,000 but does not exceed £6,000 | £1,236 |
| viii exceeds £6,000 but does not exceed £7,000 | £1,353 |
| ix exceeds £7,000 but does not exceed £8,000 | £1,458 |
| x exceeds £8,000 but does not exceed £9,000 | £1,553 |
| xi exceeds £9,000 but does not exceed £10,000 | £1,638 |
| xii exceeds £10,000 but does not exceed £12,500 | £1,807 |
| xiii exceeds £12,500 but does not exceed £15,000 | £1,952 |
| In actions where amount claimed— | Counsel’s fee |
| --- | --- |
| (1) | (3) |
| This Table does not apply to actions for defamation. See Order 55, Rule 10 for costs of counterclaim. Counsel travelling to attend a court— 20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £16·60; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £33·24. Solicitor travelling to attend a court— 20 to 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £16·60; more than 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £33·24. Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel. For drafting a reply to a notice for further particulars, the solicitor or counsel, as the case may be, is entitled to an additional sum of £19·47. This item is only to be allowed against the other party in actions where the amount claimed exceeds £2,000 and the allowance is recorded in the court minute book. For each day or part of a day on which a trial or hearing is continued after the first day— counsel is entitled to an additional sum equivalent to one third of the scale fee; a solicitor in attendance is entitled to an additional sum equivalent to one third of counsel’s scale fee. Where in any action or application under the Consumer Credit Act 1974 the amount claimed exceeds £15,000, the costs may be increased by such amounts as the Judge thinks proper having regard to the amount involved or the importance or difficulty of the case. | This Table does not apply to actions for defamation. See Order 55, Rule 10 for costs of counterclaim. Counsel travelling to attend a court— 20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £16·60; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £33·24. Solicitor travelling to attend a court— 20 to 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £16·60; more than 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £33·24. Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel. For drafting a reply to a notice for further particulars, the solicitor or counsel, as the case may be, is entitled to an additional sum of £19·47. This item is only to be allowed against the other party in actions where the amount claimed exceeds £2,000 and the allowance is recorded in the court minute book. For each day or part of a day on which a trial or hearing is continued after the first day— counsel is entitled to an additional sum equivalent to one third of the scale fee; a solicitor in attendance is entitled to an additional sum equivalent to one third of counsel’s scale fee. Where in any action or application under the Consumer Credit Act 1974 the amount claimed exceeds £15,000, the costs may be increased by such amounts as the Judge thinks proper having regard to the amount involved or the importance or difficulty of the case. |
| i does not exceed £500 | £48 |
| ii exceeds £500 but does not exceed £1,000 | £100 |
| iii exceeds £1,000 but does not exceed £2,000 | £140 |
| iv exceeds £2,000 but does not exceed £3,000 | £186 |
| v exceeds £3,000 but does not exceed £4,000 | £218 |
| vi exceeds £4,000 but does not exceed £5,000 | £247 |
| vii exceeds £5,000 but does not exceed £7,500 | £344 |
| viii exceeds £7,500 but does not exceed £10,000 | £401 |
| ix exceeds £10,000 but does not exceed £12,500 | £458 |
| x exceeds £12,500 but does not exceed £15,000 | £516 |
Costs where no notice of intention to defend is served and judgment is marked under Order 12
| In actions where amount decreed— | Where sum claimed and costs specified in civil bill not paid within 21 days of service |
|---|---|
| (1) | (2) |
| Where the sum claimed is paid within 21 days of service of civil bill the sum for costs specified in column 2 to be reduced by 50%. See Rule 14(1) of Order 55. For each copy civil bill required for service after first add 90p to costs. See Order 55, Rule 13. Where service of civil bill effected by post under Rule 3(2)(b) of Order 6 the solicitor is entitled to £2·06 inclusive of outlay in lieu of process server’s fee. See Order 55, Rule 17. See Part IX (“Miscellaneous Costs”) of this Appendix for application of this Table to proceedings under Part VIII of the Judgments Enforcement (Northern Ireland) Order 1981 and under the Hire Purchase Acts. Where in any undefended action under the Consumer Credit Act 1974 the amount decreed exceeds £15,000, the costs may be increased by such amounts as the district judge thinks proper having regard to the amount involved or the importance or difficulty of the case, provided that the total amount allowed for costs shall not exceed £306. Solicitor travelling to attend a court— 20 to 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £16·60; more than 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £33·24. Where a solicitor has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor. | Where the sum claimed is paid within 21 days of service of civil bill the sum for costs specified in column 2 to be reduced by 50%. See Rule 14(1) of Order 55. For each copy civil bill required for service after first add 90p to costs. See Order 55, Rule 13. Where service of civil bill effected by post under Rule 3(2)(b) of Order 6 the solicitor is entitled to £2·06 inclusive of outlay in lieu of process server’s fee. See Order 55, Rule 17. See Part IX (“Miscellaneous Costs”) of this Appendix for application of this Table to proceedings under Part VIII of the Judgments Enforcement (Northern Ireland) Order 1981 and under the Hire Purchase Acts. Where in any undefended action under the Consumer Credit Act 1974 the amount decreed exceeds £15,000, the costs may be increased by such amounts as the district judge thinks proper having regard to the amount involved or the importance or difficulty of the case, provided that the total amount allowed for costs shall not exceed £306. Solicitor travelling to attend a court— 20 to 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £16·60; more than 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £33·24. Where a solicitor has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor. |
| i does not exceed £500 | £57 |
| ii exceeds £500 but does not exceed £1,000 | £90 |
| iii exceeds £1,000 but does not exceed £2,000 | £113 |
| iv exceeds £2,000 but does not exceed £3,000 | £129 |
| v exceeds £3,000 but does not exceed £4,000 | £142 |
| vi exceeds £4,000 but does not exceed £5,000 | £157 |
| vii exceeds £5,000 but does not exceed £6,000 | £175 |
| viii exceeds £6,000 but does not exceed £7,000 | £191 |
| ix exceeds £7,000 but does not exceed £8,000 | £206 |
| x exceeds £8,000 but does not exceed £9,000 | £219 |
| xi exceeds £9,000 but does not exceed £10,000 | £231 |
| xii exceeds £10,000 but does not exceed £12,500 | £251 |
| xiii exceeds £12,500 but does not exceed £15,000 | £277 |
Ordinary civil bills — title jurisdiction
| Valuation | Solicitor’s costs | Counsel’s fee |
|---|---|---|
| (1) | (2) | (3) |
| To be calculated according to the valuation of the lands of the plaintiff or defendant, as the Judge may direct. Counsel travelling to attend a court— 20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £16·60; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £33·24. Solicitor travelling to attend a court— 20 to 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £16·60; more than 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £33·24. Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel. For each copy civil bill required for service after first add 90p to costs. See Order 55, Rule 13. Where service of civil bill effected by post under Rule 3(2)(b) of Order 6 the solicitor is entitled to £2·06 inclusive of outlay in lieu of process server’s fee. See Order 55, Rule 17. For drafting a reply to a notice for further particulars, the solicitor or counsel, as the case may be, is entitled to an additional sum of £19·47. This item is only to be allowed against the other party in actions where the annual value of the land exceeds £300 and the allowance is recorded in the court minute book. For each day or part of a day on which a trial or hearing is continued after the first day— counsel is entitled to an additional sum equivalent to one third of the scale fee; a solicitor in attendance is entitled to an additional sum equivalent to one third of counsel’s scale fee. | To be calculated according to the valuation of the lands of the plaintiff or defendant, as the Judge may direct. Counsel travelling to attend a court— 20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £16·60; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £33·24. Solicitor travelling to attend a court— 20 to 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £16·60; more than 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £33·24. Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel. For each copy civil bill required for service after first add 90p to costs. See Order 55, Rule 13. Where service of civil bill effected by post under Rule 3(2)(b) of Order 6 the solicitor is entitled to £2·06 inclusive of outlay in lieu of process server’s fee. See Order 55, Rule 17. For drafting a reply to a notice for further particulars, the solicitor or counsel, as the case may be, is entitled to an additional sum of £19·47. This item is only to be allowed against the other party in actions where the annual value of the land exceeds £300 and the allowance is recorded in the court minute book. For each day or part of a day on which a trial or hearing is continued after the first day— counsel is entitled to an additional sum equivalent to one third of the scale fee; a solicitor in attendance is entitled to an additional sum equivalent to one third of counsel’s scale fee. | To be calculated according to the valuation of the lands of the plaintiff or defendant, as the Judge may direct. Counsel travelling to attend a court— 20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £16·60; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £33·24. Solicitor travelling to attend a court— 20 to 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £16·60; more than 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £33·24. Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel. For each copy civil bill required for service after first add 90p to costs. See Order 55, Rule 13. Where service of civil bill effected by post under Rule 3(2)(b) of Order 6 the solicitor is entitled to £2·06 inclusive of outlay in lieu of process server’s fee. See Order 55, Rule 17. For drafting a reply to a notice for further particulars, the solicitor or counsel, as the case may be, is entitled to an additional sum of £19·47. This item is only to be allowed against the other party in actions where the annual value of the land exceeds £300 and the allowance is recorded in the court minute book. For each day or part of a day on which a trial or hearing is continued after the first day— counsel is entitled to an additional sum equivalent to one third of the scale fee; a solicitor in attendance is entitled to an additional sum equivalent to one third of counsel’s scale fee. |
| i not exceeding £500 | £256·00 | £133·00 |
| ii exceeding £500 | £356·00 | £200·00 |
Ordinary civil bills — title jurisdiction
| Valuation | Solicitor’s costs | Counsel’s fee |
|---|---|---|
| (1) | (2) | (3) |
| To be calculated according to the valuation of the lands of the plaintiff or defendant, as the Judge may direct. Counsel travelling to attend a court— 20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £16·60; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £33·24. Solicitor travelling to attend a court— 20 to 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £16·60; more than 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £33·24. Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel. For drafting a reply to a notice for further particulars, the solicitor or counsel, as the case may be, is entitled to an additional sum of £19·47. This item is only to be allowed against the other party in actions where the annual value of the land exceeds £300 and the allowance is recorded in the court minute book. For each day or part of a day on which a trial or hearing is continued after the first day— counsel is entitled to an additional sum equivalent to one third of the scale fee; a solicitor in attendance is entitled to an additional sum equivalent to one third of counsel’s scale fee. | To be calculated according to the valuation of the lands of the plaintiff or defendant, as the Judge may direct. Counsel travelling to attend a court— 20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £16·60; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £33·24. Solicitor travelling to attend a court— 20 to 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £16·60; more than 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £33·24. Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel. For drafting a reply to a notice for further particulars, the solicitor or counsel, as the case may be, is entitled to an additional sum of £19·47. This item is only to be allowed against the other party in actions where the annual value of the land exceeds £300 and the allowance is recorded in the court minute book. For each day or part of a day on which a trial or hearing is continued after the first day— counsel is entitled to an additional sum equivalent to one third of the scale fee; a solicitor in attendance is entitled to an additional sum equivalent to one third of counsel’s scale fee. | To be calculated according to the valuation of the lands of the plaintiff or defendant, as the Judge may direct. Counsel travelling to attend a court— 20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £16·60; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £33·24. Solicitor travelling to attend a court— 20 to 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £16·60; more than 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £33·24. Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel. For drafting a reply to a notice for further particulars, the solicitor or counsel, as the case may be, is entitled to an additional sum of £19·47. This item is only to be allowed against the other party in actions where the annual value of the land exceeds £300 and the allowance is recorded in the court minute book. For each day or part of a day on which a trial or hearing is continued after the first day— counsel is entitled to an additional sum equivalent to one third of the scale fee; a solicitor in attendance is entitled to an additional sum equivalent to one third of counsel’s scale fee. |
| i not exceeding £500 | £245·00 | £133·00 |
| ii exceeding £500 | £345·00 | £200·00 |
Libel and slander
| In actions where amount decreed— | Solicitor’s costs | Counsel’s fee |
|---|---|---|
| (1) | (2) | (3) |
| Counsel travelling to attend a court— 20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £16·60; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £33·24. Solicitor travelling to attend a court— 20 to 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £16·60; more than 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £33·24. Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel. For each copy civil bill required for service after first add 90p to costs. See Order 55, Rule 13. Where service of civil bill effected by post under Rule 3(2)(b) of Order 6 the solicitor is entitled to £2·06 inclusive of outlay in lieu of process server’s fee. See Order 55, Rule 17. For drafting a reply to a notice for further particulars, the solicitor or counsel, as the case may be, is entitled to an additional sum of £19·47. For each day or part of a day on which a trial or hearing is continued after the first day— counsel is entitled to an additional sum equivalent to one third of the scale fee; a solicitor in attendance is entitled to an additional sum equivalent to one third of counsel’s scale fee. | Counsel travelling to attend a court— 20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £16·60; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £33·24. Solicitor travelling to attend a court— 20 to 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £16·60; more than 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £33·24. Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel. For each copy civil bill required for service after first add 90p to costs. See Order 55, Rule 13. Where service of civil bill effected by post under Rule 3(2)(b) of Order 6 the solicitor is entitled to £2·06 inclusive of outlay in lieu of process server’s fee. See Order 55, Rule 17. For drafting a reply to a notice for further particulars, the solicitor or counsel, as the case may be, is entitled to an additional sum of £19·47. For each day or part of a day on which a trial or hearing is continued after the first day— counsel is entitled to an additional sum equivalent to one third of the scale fee; a solicitor in attendance is entitled to an additional sum equivalent to one third of counsel’s scale fee. | Counsel travelling to attend a court— 20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £16·60; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £33·24. Solicitor travelling to attend a court— 20 to 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £16·60; more than 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £33·24. Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel. For each copy civil bill required for service after first add 90p to costs. See Order 55, Rule 13. Where service of civil bill effected by post under Rule 3(2)(b) of Order 6 the solicitor is entitled to £2·06 inclusive of outlay in lieu of process server’s fee. See Order 55, Rule 17. For drafting a reply to a notice for further particulars, the solicitor or counsel, as the case may be, is entitled to an additional sum of £19·47. For each day or part of a day on which a trial or hearing is continued after the first day— counsel is entitled to an additional sum equivalent to one third of the scale fee; a solicitor in attendance is entitled to an additional sum equivalent to one third of counsel’s scale fee. |
| i does not exceed £500 | £389·00 | £167·00 |
| ii exceeds £500 but does not exceed £1,000 | £456·00 | £250·00 |
| iii exceeds £1,000 but does not exceed £1,500 | £523·00 | £311·00 |
| iv exceeds £1,500 but does not exceed £2,000 | £623·00 | £389·00 |
| v exceeds £2,000 but does not exceed £2,500 | £705·00 | £463·00 |
| vi exceeds £2,500 but does not exceed £3,000 | £793·00 | £531·00 |
Libel and slander
| In actions where amount claimed— | Solicitor’s costs | Counsel’s fee |
|---|---|---|
| (1) | (2) | (3) |
| Counsel travelling to attend a court— 20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £16·60; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £33·24. Solicitor travelling to attend a court— 20 to 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £16·60; more than 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £33·24. Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel. For drafting a reply to a notice for further particulars, the solicitor or counsel, as the case may be, is entitled to an additional sum of £19·47. For each day or part of a day on which a trial or hearing is continued after the first day— counsel is entitled to an additional sum equivalent to one third of the scale fee; a solicitor in attendance is entitled to an additional sum equivalent to one third of counsel’s scale fee. | ||
| i does not exceed £500 | £378·00 | £167·00 |
| ii exceeds £500 but does not exceed £1,000 | £445·00 | £250·00 |
| iii exceeds £1,000 but does not exceed £1,500 | £512·00 | £311·00 |
| iv exceeds £1,500 but does not exceed £2,000 | £612·00 | £389·00 |
| v exceeds £2,000 but does not exceed £2,500 | £694·00 | £463·00 |
| vi exceeds £2,500 but does not exceed £3,000 | £782·00 | £531·00 |
Part II — Remitted actions
| In actions where amount decreed— | Solicitor’s costs |
|---|---|
| (1) | (2) |
| i does not exceed £500 | £156 |
| ii exceeds £500 but does not exceed £1,000 | £384 |
| iii exceeds £1,000 but does not exceed £2,000 | £613 |
| iv exceeds £2,000 but does not exceed £3,000 | £841 |
| v exceeds £3,000 but does not exceed £4,000 | £1,034 |
| vi exceeds £4,000 but does not exceed £5,000 | £1,168 |
| vii exceeds £5,000 but does not exceed £6,000 | £1,302 |
| viii exceeds £6,000 but does not exceed £7,000 | £1,424 |
| ix exceeds £7,000 but does not exceed £8,000 | £1,535 |
| x exceeds £8,000 but does not exceed £9,000 | £1,635 |
| xi exceeds £9,000 but does not exceed £10,000 | £1,724 |
| xii exceeds £10,000 but does not exceed £12,500 | £1,870 |
| xiii exceeds £12,500 but does not exceed £15,000 | £2,055 |
| In actions where amount decreed— | Counsel’s fee |
| --- | --- |
| (1) | (3) |
| Where a Chancery action is remitted the Judge shall direct which costs tables shall apply having regard to the subject matter of the suit. Counsel travelling to attend a court— 20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £16·60; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £33·24. Solicitor travelling to attend a court— 20 to 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £16·60; more than 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £33·24. Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel. Where the amount decreed exceeds £15,000, the costs may be increased by such amounts as the Judge thinks proper having regard to the amount involved or the importance or difficulty of the case. For drafting a reply to a notice for further particulars, the solicitor or counsel, as the case may be, is entitled to an additional sum of £19·47. For each day or part of a day on which a trial or hearing is continued after the first day— counsel is entitled to an additional sum equivalent to one third of the scale fee; a solicitor in attendance is entitled to an additional sum equivalent to one third of counsel’s scale fee. | Where a Chancery action is remitted the Judge shall direct which costs tables shall apply having regard to the subject matter of the suit. Counsel travelling to attend a court— 20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £16·60; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £33·24. Solicitor travelling to attend a court— 20 to 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £16·60; more than 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £33·24. Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel. Where the amount decreed exceeds £15,000, the costs may be increased by such amounts as the Judge thinks proper having regard to the amount involved or the importance or difficulty of the case. For drafting a reply to a notice for further particulars, the solicitor or counsel, as the case may be, is entitled to an additional sum of £19·47. For each day or part of a day on which a trial or hearing is continued after the first day— counsel is entitled to an additional sum equivalent to one third of the scale fee; a solicitor in attendance is entitled to an additional sum equivalent to one third of counsel’s scale fee. |
| i does not exceed £500 | £48 |
| ii exceeds £500 but does not exceed £1,000 | £100 |
| iii exceeds £1,000 but does not exceed £2,000 | £140 |
| iv exceeds £2,000 but does not exceed £3,000 | £186 |
| v exceeds £3,000 but does not exceed £4,000 | £218 |
| vi exceeds £4,000 but does not exceed £5,000 | £247 |
| vii exceeds £5,000 but does not exceed £7,500 | £344 |
| viii exceeds £7,500 but does not exceed £10,000 | £401 |
| ix exceeds £10,000 but does not exceed £12,500 | £458 |
| x exceeds £12,500 but does not exceed £15,000 | £516 |
| Where a Chancery action is remitted the Judge shall direct which costs tables shall apply having regard to the subject matter of the suit. Where the defendant complies with Order 8, Rule 6, he shall be entitled to claim £17·53. Counsel travelling to attend a court— 20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £16·60; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £33·24. Solicitor travelling to attend a court— 20 to 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £16·60; more than 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £33·24. Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel. For drafting a reply to a notice for further particulars, the solicitor or counsel, as the case may be, is entitled to an additional sum of £19·47. For each day or part of a day on which a trial or hearing is continued after the first day— counsel is entitled to an additional sum equivalent to one third of the scale fee; a solicitor in attendance is entitled to an additional sum equivalent to one third of counsel’s scale fee. | Where a Chancery action is remitted the Judge shall direct which costs tables shall apply having regard to the subject matter of the suit. Where the defendant complies with Order 8, Rule 6, he shall be entitled to claim £17·53. Counsel travelling to attend a court— 20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £16·60; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £33·24. Solicitor travelling to attend a court— 20 to 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £16·60; more than 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £33·24. Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel. For drafting a reply to a notice for further particulars, the solicitor or counsel, as the case may be, is entitled to an additional sum of £19·47. For each day or part of a day on which a trial or hearing is continued after the first day— counsel is entitled to an additional sum equivalent to one third of the scale fee; a solicitor in attendance is entitled to an additional sum equivalent to one third of counsel’s scale fee. |
| --- | --- |
| Solicitor’s costs | £2,008·00 |
| Counsel’s fee | £516·00 |
| provided, however, that, where no specific sum or a sum exceeding £15,000 is claimed, the Judge, having regard to the importance or difficulty of the case or to the amount involved, may increase the above amount. | provided, however, that, where no specific sum or a sum exceeding £15,000 is claimed, the Judge, having regard to the importance or difficulty of the case or to the amount involved, may increase the above amount. |
Part III — Ejectments
| Solicitor’s costs | Counsel’s fee | |
|---|---|---|
| (1) | (2) | (3) |
| See Order 55, Rule 14(1). Only 50% payable where defendant delivers up possession within 21 days of service of civil bill. Counsel travelling to attend a court— 20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £16·60; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £33·24. Solicitor travelling to attend a court— 20 to 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £16·60; more than 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £33·24. Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel. For each copy civil bill required for service after first add 90p to costs. See Order 55, Rule 13. Where service of civil bill effected by post under Rule 3(2)(b) of Order 6 the solicitor is entitled to £2·06 inclusive of outlay in lieu of process server’s fee. See Order 55, Rule 17. For each day or part of a day on which a trial or hearing is continued after the first day— counsel is entitled to an additional sum equivalent to one third of the scale fee; a solicitor in attendance is entitled to an additional sum equivalent to one third of counsel’s scale fee. | See Order 55, Rule 14(1). Only 50% payable where defendant delivers up possession within 21 days of service of civil bill. Counsel travelling to attend a court— 20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £16·60; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £33·24. Solicitor travelling to attend a court— 20 to 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £16·60; more than 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £33·24. Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel. For each copy civil bill required for service after first add 90p to costs. See Order 55, Rule 13. Where service of civil bill effected by post under Rule 3(2)(b) of Order 6 the solicitor is entitled to £2·06 inclusive of outlay in lieu of process server’s fee. See Order 55, Rule 17. For each day or part of a day on which a trial or hearing is continued after the first day— counsel is entitled to an additional sum equivalent to one third of the scale fee; a solicitor in attendance is entitled to an additional sum equivalent to one third of counsel’s scale fee. | See Order 55, Rule 14(1). Only 50% payable where defendant delivers up possession within 21 days of service of civil bill. Counsel travelling to attend a court— 20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £16·60; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £33·24. Solicitor travelling to attend a court— 20 to 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £16·60; more than 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £33·24. Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel. For each copy civil bill required for service after first add 90p to costs. See Order 55, Rule 13. Where service of civil bill effected by post under Rule 3(2)(b) of Order 6 the solicitor is entitled to £2·06 inclusive of outlay in lieu of process server’s fee. See Order 55, Rule 17. For each day or part of a day on which a trial or hearing is continued after the first day— counsel is entitled to an additional sum equivalent to one third of the scale fee; a solicitor in attendance is entitled to an additional sum equivalent to one third of counsel’s scale fee. |
| Where the proceedings are for the recovery of possession of premises by a statutory body under statutory powers or which are not otherwise subject to the Rent and Mortgage Interest (Restrictions) Acts (Northern Ireland) 1920 to 1956— | £95·00 | £46·00 |
| In other cases— where the valuation does not exceed £500 | £234·00 | £88·00 |
| ii exceeds £500 | £334·00 | £167·00 |
| Solicitor’s costs | Counsel’s fee | |
| --- | --- | --- |
| (1) | (2) | (3) |
| Counsel travelling to attend a court— 20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £16·60; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £33·24. Solicitor travelling to attend a court— 20 to 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £16·60; more than 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £33·24. Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel. For each day or part of a day on which a trial or hearing is continued after the first day— counsel is entitled to an additional sum equivalent to one third of the scale fee; a solicitor in attendance is entitled to an additional sum equivalent to one third of counsel’s scale fee. | Counsel travelling to attend a court— 20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £16·60; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £33·24. Solicitor travelling to attend a court— 20 to 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £16·60; more than 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £33·24. Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel. For each day or part of a day on which a trial or hearing is continued after the first day— counsel is entitled to an additional sum equivalent to one third of the scale fee; a solicitor in attendance is entitled to an additional sum equivalent to one third of counsel’s scale fee. | Counsel travelling to attend a court— 20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £16·60; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £33·24. Solicitor travelling to attend a court— 20 to 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £16·60; more than 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £33·24. Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel. For each day or part of a day on which a trial or hearing is continued after the first day— counsel is entitled to an additional sum equivalent to one third of the scale fee; a solicitor in attendance is entitled to an additional sum equivalent to one third of counsel’s scale fee. |
| Where the proceedings are for the recovery of possession of premises by a statutory body under statutory powers or which are not otherwise subject to the Rent and Mortgage Interest (Restrictions) Acts (Northern Ireland) 1920 to 1956— | £89·00 | £46·00 |
| In other cases— where the valuation does not exceed £500 | £223·00 | £88·00 |
| ii exceeds £500 | £323·00 | £167·00 |
Part IV — Proceedings to annul precept, order or conviction — Order 37
| Instructions, drawing notice and copy | £14·70 |
|---|---|
| Entry, preparation for and attending hearing | £48·57 |
| Drawing order | £4.41 |
Part V — Restitution of possession
Where the application for restitution is opposed and is refused, Part III, Table 2, shall apply as if the respondent were a defendant.
Where the application for restitution is granted no party and party costs shall be allowed.
Part VI — Grant and revocation of probate or administration
| Where the net estate— | Solicitor’s costs | Counsel’s fee |
|---|---|---|
| (1) | (2) | (3) |
| Counsel travelling to attend a court— 20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £16·60; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £33·24. Solicitor travelling to attend a court— 20 to 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £16·60; more than 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £33·24. Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel. For each copy civil bill required for service after first add 90p to costs. See Order 55, Rule 13. Where service of civil bill effected by post under Rule 3(2)(b) of Order 6 the solicitor is entitled to £2·06 inclusive of outlay in lieu of process server’s fee. See Order 55, Rule 17. For drafting a reply to a notice for further particulars, the solicitor or counsel, as the case may be, is entitled to an additional sum of £19·47. For each day or part of a day on which a trial or hearing is continued after the first day— counsel is entitled to an additional sum equivalent to one third of the scale fee; a solicitor in attendance is entitled to an additional sum equivalent to one third of counsel’s scale fee. | Counsel travelling to attend a court— 20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £16·60; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £33·24. Solicitor travelling to attend a court— 20 to 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £16·60; more than 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £33·24. Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel. For each copy civil bill required for service after first add 90p to costs. See Order 55, Rule 13. Where service of civil bill effected by post under Rule 3(2)(b) of Order 6 the solicitor is entitled to £2·06 inclusive of outlay in lieu of process server’s fee. See Order 55, Rule 17. For drafting a reply to a notice for further particulars, the solicitor or counsel, as the case may be, is entitled to an additional sum of £19·47. For each day or part of a day on which a trial or hearing is continued after the first day— counsel is entitled to an additional sum equivalent to one third of the scale fee; a solicitor in attendance is entitled to an additional sum equivalent to one third of counsel’s scale fee. | Counsel travelling to attend a court— 20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £16·60; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £33·24. Solicitor travelling to attend a court— 20 to 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £16·60; more than 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £33·24. Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel. For each copy civil bill required for service after first add 90p to costs. See Order 55, Rule 13. Where service of civil bill effected by post under Rule 3(2)(b) of Order 6 the solicitor is entitled to £2·06 inclusive of outlay in lieu of process server’s fee. See Order 55, Rule 17. For drafting a reply to a notice for further particulars, the solicitor or counsel, as the case may be, is entitled to an additional sum of £19·47. For each day or part of a day on which a trial or hearing is continued after the first day— counsel is entitled to an additional sum equivalent to one third of the scale fee; a solicitor in attendance is entitled to an additional sum equivalent to one third of counsel’s scale fee. |
| i does not exceed £10,000 | £267·00 | £200·00 |
| ii exceeds £10,000 but does not exceed £20,000 | £367·00 | £250·00 |
| iii exceeds £20,000 but does not exceed £30,000 | £490·00 | £278·00 |
| iv exceeds £30,000 but does not exceed £40,000 | £604·00 | £305·00 |
| v exceeds £40,000 but does not exceed £45,000 | £711·00 | £329·00 |
Grant and revocation of probate or administration
| Where the net estate— | Solicitor’s costs | Counsel’s fee |
|---|---|---|
| (1) | (2) | (3) |
| Counsel travelling to attend a court— 20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £16·60; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £33·24. Solicitor travelling to attend a court— 20 to 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £16·60; more than 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £33·24. Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel. For drafting a reply to a notice for further particulars, the solicitor or counsel, as the case may be, is entitled to an additional sum of £19·47. For each day or part of a day on which a trial or hearing is continued after the first day— counsel is entitled to an additional sum equivalent to one third of the scale fee; a solicitor in attendance is entitled to an additional sum equivalent to one third of counsel’s scale fee. | Counsel travelling to attend a court— 20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £16·60; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £33·24. Solicitor travelling to attend a court— 20 to 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £16·60; more than 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £33·24. Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel. For drafting a reply to a notice for further particulars, the solicitor or counsel, as the case may be, is entitled to an additional sum of £19·47. For each day or part of a day on which a trial or hearing is continued after the first day— counsel is entitled to an additional sum equivalent to one third of the scale fee; a solicitor in attendance is entitled to an additional sum equivalent to one third of counsel’s scale fee. | Counsel travelling to attend a court— 20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £16·60; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £33·24. Solicitor travelling to attend a court— 20 to 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £16·60; more than 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £33·24. Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel. For drafting a reply to a notice for further particulars, the solicitor or counsel, as the case may be, is entitled to an additional sum of £19·47. For each day or part of a day on which a trial or hearing is continued after the first day— counsel is entitled to an additional sum equivalent to one third of the scale fee; a solicitor in attendance is entitled to an additional sum equivalent to one third of counsel’s scale fee. |
| i does not exceed £10,000 | £256·00 | £200·00 |
| ii exceeds £10,000 but does not exceed £20,000 | £356·00 | £250·00 |
| iii exceeds £20,000 but does not exceed £30,000 | £478·00 | £278·00 |
| iv exceeds £30,000 but does not exceed £40,000 | £593·00 | £305·00 |
| v exceeds £40,000 but does not exceed £45,000 | £700·00 | £329·00 |
Part VII — Appliction under Criminal Injuries to Persons (Compensation) Act (Northern Ireland) 1968
| Where amount awarded— | Solicitor’s costs | Counsel’s fee |
|---|---|---|
| (1) | (2) | (3) |
| If claim is settled and attendance of applicant’s solicitor not required at court for purpose of obtaining a decree, 85% only of costs in columns (2) and (3) are payable, unless the parties otherwise agree or the Judge orders. Where the respondent has before the hearing of an application in court made an unconditional offer in writing to pay a specified amount for compensation and the compensation awarded by the Judge does not exceed such amount, only 50% of the costs in columns (2) and (3) are payable. Such written offer must be served on the applicant in accordance with section 24 of the Interpretation Act (Northern Ireland) 1954 not less than fourteen days before the commencement of the actual hearing by the Judge. The amount specified in the offer shall not be communicated to the Judge until after he has determined the amount awarded. Where the case is of exceptional complexity or difficulty, and in any event, taking into account the role of counsel and the nature and content of the proceedings, the Judge may certify an amount exceeding scale figure. Where the Judge considers that it was proper for the applicant to instruct senior as well as junior counsel, he may certify counsel’s fees and solicitor’s costs in such sum as he considers appropriate. Where the amount awarded exceeds £10,000, the Judge shall, unless the parties otherwise agree, certify the amount for solicitor’s costs and the amount allowed for counsel’s fees. | If claim is settled and attendance of applicant’s solicitor not required at court for purpose of obtaining a decree, 85% only of costs in columns (2) and (3) are payable, unless the parties otherwise agree or the Judge orders. Where the respondent has before the hearing of an application in court made an unconditional offer in writing to pay a specified amount for compensation and the compensation awarded by the Judge does not exceed such amount, only 50% of the costs in columns (2) and (3) are payable. Such written offer must be served on the applicant in accordance with section 24 of the Interpretation Act (Northern Ireland) 1954 not less than fourteen days before the commencement of the actual hearing by the Judge. The amount specified in the offer shall not be communicated to the Judge until after he has determined the amount awarded. Where the case is of exceptional complexity or difficulty, and in any event, taking into account the role of counsel and the nature and content of the proceedings, the Judge may certify an amount exceeding scale figure. Where the Judge considers that it was proper for the applicant to instruct senior as well as junior counsel, he may certify counsel’s fees and solicitor’s costs in such sum as he considers appropriate. Where the amount awarded exceeds £10,000, the Judge shall, unless the parties otherwise agree, certify the amount for solicitor’s costs and the amount allowed for counsel’s fees. | If claim is settled and attendance of applicant’s solicitor not required at court for purpose of obtaining a decree, 85% only of costs in columns (2) and (3) are payable, unless the parties otherwise agree or the Judge orders. Where the respondent has before the hearing of an application in court made an unconditional offer in writing to pay a specified amount for compensation and the compensation awarded by the Judge does not exceed such amount, only 50% of the costs in columns (2) and (3) are payable. Such written offer must be served on the applicant in accordance with section 24 of the Interpretation Act (Northern Ireland) 1954 not less than fourteen days before the commencement of the actual hearing by the Judge. The amount specified in the offer shall not be communicated to the Judge until after he has determined the amount awarded. Where the case is of exceptional complexity or difficulty, and in any event, taking into account the role of counsel and the nature and content of the proceedings, the Judge may certify an amount exceeding scale figure. Where the Judge considers that it was proper for the applicant to instruct senior as well as junior counsel, he may certify counsel’s fees and solicitor’s costs in such sum as he considers appropriate. Where the amount awarded exceeds £10,000, the Judge shall, unless the parties otherwise agree, certify the amount for solicitor’s costs and the amount allowed for counsel’s fees. |
| i does not exceed £30 | £18·00 | £6·00 |
| ii exceeds £30 but does not exceed £75 | £33·00 | £18·00 |
| iii exceeds £75 but does not exceed £150 | £58·00 | £22·00 |
| iv exceeds £150 but does not exceed £300 | £90·00 | £29·00 |
| v exceeds £300 but does not exceed £500 | £100·00 | £32·00 |
| vi exceeds £500 but does not exceed £1,000 | £119·00 | £34·00 |
| vii exceeds £1,000 but does not exceed £2,000 | £132·00 | £48·00 |
| viii exceeds £2,000 but does not exceed £3,500 | £151·00 | £58·00 |
| ix exceeds £3,500 but does not exceed £5,000 | £165·00 | £68·00 |
| x exceeds £5,000 but does not exceed £5,500 | £174·00 | £70·00 |
| xi exceeds £5,500 but does not exceed £6,000 | £182·00 | £75·00 |
| xii exceeds £6,000 but does not exceed £6,500 | £192·00 | £77·00 |
| xiii exceeds £6,500 but does not exceed £7,000 | £199·00 | £83·00 |
| xiv exceeds £7,000 but does not exceed £7,500 | £207·00 | £87·00 |
| xv exceeds £7,500 but does not exceed £8,000 | £216·00 | £90·00 |
| xvi exceeds £8,000 but does not exceed £8,500 | £226·00 | £93·00 |
| xvii exceeds £8,500 but does not exceed £9,000 | £233·00 | £100·00 |
| xviii exceeds £9,000 but does not exceed £9,500 | £240·00 | £103·00 |
| xix exceeds £9,500 but does not exceed £10,000 | £247·00 | £106·00 |
Table 2: Respondent’s Costs
Where an application for compensation is dismissed the amount recoverable by the respondent for solicitor’s costs or counsel’s fees shall, in default of agreement, be such amount, if any, as the Judge may settle.
Party and party costs in appeals under Article 15 of the Criminal Damage (Compensation) (Northern Ireland) Order 1977 in relation to claims for compensation under that Order
| Where the amount awarded is greater than the Secretary of State’s determination and does not exceed— | Solicitor’s costs | Counsel’s fee |
|---|---|---|
| (1) | (2) | (3) |
| £ | £ | £ |
| NOTE: Subject to the discretion of the Judge to certify otherwise, the scale of counsel’s fees in column (3) above relates only to the item or items in dispute and not to the value of the claim as a whole. Where a case is settled more than 2 days prior to the court hearing, 85% of the appropriate amount in column (3) of the above table is payable as counsel’s fees. Where the Judge considers it was proper for an applicant to instruct senior as well as junior counsel, the senior counsel’s fee will be one and a half times the appropriate figure in column (3) of the above table. Where the amount awarded is in excess of £1,000,000 the Judge shall, unless the parties otherwise agree, certify the amount of solicitor’s costs and the amount allowed for counsel’s fees. Where the case is one of exceptional complexity or difficulty the Judge may certify an amount exceeding the scale figures in columns (2) or (3) of the above table. Nothing in this table or note shall derogate from the provisions of Rule 4 of Order 54 or Article 15(3) of the Criminal Damage (Compensation) (Northern Ireland) Order 1977[^f00003]. The scale of solicitor’s costs in column (2) of the above table is inclusive of any costs (but not expenses) payable under Article 12(2) of the Criminal Damage (Compensation) (Northern Ireland) Order 1977 in respect of making out and verifying the claim to compensation up to the date of the Secretary of State’s determination. Where a solicitor conducts an appeal without counsel he shall, if the Judge so allows, be entitled to an enhancement of his costs in addition to the scale costs in column (2) of the above table; and the amount of any enhancement shall be in the discretion of the Judge, but shall not exceed 50% of the scale fee in column (3) of the above table to which counsel, if conducting the appeal, would have been entitled. | NOTE: Subject to the discretion of the Judge to certify otherwise, the scale of counsel’s fees in column (3) above relates only to the item or items in dispute and not to the value of the claim as a whole. Where a case is settled more than 2 days prior to the court hearing, 85% of the appropriate amount in column (3) of the above table is payable as counsel’s fees. Where the Judge considers it was proper for an applicant to instruct senior as well as junior counsel, the senior counsel’s fee will be one and a half times the appropriate figure in column (3) of the above table. Where the amount awarded is in excess of £1,000,000 the Judge shall, unless the parties otherwise agree, certify the amount of solicitor’s costs and the amount allowed for counsel’s fees. Where the case is one of exceptional complexity or difficulty the Judge may certify an amount exceeding the scale figures in columns (2) or (3) of the above table. Nothing in this table or note shall derogate from the provisions of Rule 4 of Order 54 or Article 15(3) of the Criminal Damage (Compensation) (Northern Ireland) Order 1977[^f00003]. The scale of solicitor’s costs in column (2) of the above table is inclusive of any costs (but not expenses) payable under Article 12(2) of the Criminal Damage (Compensation) (Northern Ireland) Order 1977 in respect of making out and verifying the claim to compensation up to the date of the Secretary of State’s determination. Where a solicitor conducts an appeal without counsel he shall, if the Judge so allows, be entitled to an enhancement of his costs in addition to the scale costs in column (2) of the above table; and the amount of any enhancement shall be in the discretion of the Judge, but shall not exceed 50% of the scale fee in column (3) of the above table to which counsel, if conducting the appeal, would have been entitled. | NOTE: Subject to the discretion of the Judge to certify otherwise, the scale of counsel’s fees in column (3) above relates only to the item or items in dispute and not to the value of the claim as a whole. Where a case is settled more than 2 days prior to the court hearing, 85% of the appropriate amount in column (3) of the above table is payable as counsel’s fees. Where the Judge considers it was proper for an applicant to instruct senior as well as junior counsel, the senior counsel’s fee will be one and a half times the appropriate figure in column (3) of the above table. Where the amount awarded is in excess of £1,000,000 the Judge shall, unless the parties otherwise agree, certify the amount of solicitor’s costs and the amount allowed for counsel’s fees. Where the case is one of exceptional complexity or difficulty the Judge may certify an amount exceeding the scale figures in columns (2) or (3) of the above table. Nothing in this table or note shall derogate from the provisions of Rule 4 of Order 54 or Article 15(3) of the Criminal Damage (Compensation) (Northern Ireland) Order 1977[^f00003]. The scale of solicitor’s costs in column (2) of the above table is inclusive of any costs (but not expenses) payable under Article 12(2) of the Criminal Damage (Compensation) (Northern Ireland) Order 1977 in respect of making out and verifying the claim to compensation up to the date of the Secretary of State’s determination. Where a solicitor conducts an appeal without counsel he shall, if the Judge so allows, be entitled to an enhancement of his costs in addition to the scale costs in column (2) of the above table; and the amount of any enhancement shall be in the discretion of the Judge, but shall not exceed 50% of the scale fee in column (3) of the above table to which counsel, if conducting the appeal, would have been entitled. |
| 250 | 126 | 48 |
| 500 | 155 | 60 |
| 750 | 195 | 80 |
| 1,000 | 223 | 93 |
| 2,000 | 251 | 105 |
| 3,000 | 280 | 117 |
| 4,000 | 310 | 123 |
| 5,000 | 337 | 132 |
| 6,000 | 368 | 141 |
| 7,000 | 397 | 151 |
| 8,000 | 424 | 158 |
| 9,000 | 455 | 169 |
| 10,000 | 485 | 178 |
| 15,000 | 617 | 225 |
| 20,000 | 765 | 277 |
| 25,000 | 899 | 327 |
| 30,000 | 1,046 | 385 |
| 35,000 | 1,180 | 436 |
| 40,000 | 1,324 | 496 |
| 45,000 | 1,459 | 533 |
| 50,000 | 1,594 | 613 |
| 60,000 | 1,807 | 708 |
| 70,000 | 2,018 | 805 |
| 80,000 | 2,223 | 907 |
| 90,000 | 2,435 | 1,015 |
| 100,000 | 2,637 | 1,120 |
| 125,000 | 2,773 | 1,193 |
| 150,000 | 2,918 | 1,273 |
| 175,000 | 3,063 | 1,374 |
| 200,000 | 3,200 | 1,437 |
| 250,000 | 3,478 | 1,600 |
| 300,000 | 3,548 | 1,647 |
| 350,000 | 3,616 | 1,688 |
| 400,000 | 3,681 | 1,730 |
| 450,000 | 3,750 | 1,770 |
| 500,000 | 3,818 | 1,818 |
| 600,000 | 3,959 | 1,909 |
| 700,000 | 4,095 | 1,999 |
| 800,000 | 4,235 | 2,090 |
| 900,000 | 4,377 | 2,189 |
| 1,000,000 | 4,512 | 2,284 |
B. Respondent’s Costs
1
Where an appeal is dismissed, the Judge may order the appellant to pay the Secretary of State an amount for his solicitor’s costs or counsel’s fees.
2
Where he does so, that amount shall, in default of agreement, be such as the Judge may determine, whether equal to or less than the costs actually incurred or the fees paid by the Secretary of State in resisting the appeal.
Party and party costs in appeals under Article 16 of the Criminal Injuries (Compensation) (Northern Ireland) Order 1988
| Where the amount awarded is greater than the Secretary of State’s determination and does not exceed— | Solicitor’s costs | Counsel’s fee |
|---|---|---|
| (1) | (2) | (3) |
| £ | £ | £ |
| NOTE: Where a case is settled more than 2 days prior to the court hearing, 85% of the appropriate amount in column (3) of the above table is payable as counsel’s fee. Where the Judge considers it was proper for an applicant to instruct senior as well as junior counsel, the senior counsel’s fee will be one and a half times the appropriate figure in column (3) of the above table. Where the amount awarded is in excess of £250,000 the Judge shall, unless the parties otherwise agree, certify the amount of solicitor’s costs and the amount allowed for counsel’s fees. Where the case is one of exceptional complexity or difficulty the Judge may certify an amount exceeding the scale figures in columns (2) or (3) of the above table. Nothing in this table or note shall derogate from the provisions of Rule 4 of Order 54 or Article 16(3) of the Criminal Injuries (Compensation) (Northern Ireland) Order 1988[^f00004]. The scale of solicitor’s costs in column (2) of the above table is inclusive of any costs (but not expenses) payable under Article 13(2) of the Criminal Injuries (Compensation) (Northern Ireland) Order 1988 in respect of making out and verifying the claim to compensation up to the date of the Secretary of State’s determination. Where a solicitor conducts an appeal without counsel he shall, if the Judge so allows, be entitled to an enhancement of his costs in addition to the scale costs in column (2) of the above table; and the amount of any such enhancement so allowed shall be in the discretion of the Judge, but shall not exceed 50% of the scale fee in column (3) of the above table to which counsel, if conducting the appeal, would have been entitled. | NOTE: Where a case is settled more than 2 days prior to the court hearing, 85% of the appropriate amount in column (3) of the above table is payable as counsel’s fee. Where the Judge considers it was proper for an applicant to instruct senior as well as junior counsel, the senior counsel’s fee will be one and a half times the appropriate figure in column (3) of the above table. Where the amount awarded is in excess of £250,000 the Judge shall, unless the parties otherwise agree, certify the amount of solicitor’s costs and the amount allowed for counsel’s fees. Where the case is one of exceptional complexity or difficulty the Judge may certify an amount exceeding the scale figures in columns (2) or (3) of the above table. Nothing in this table or note shall derogate from the provisions of Rule 4 of Order 54 or Article 16(3) of the Criminal Injuries (Compensation) (Northern Ireland) Order 1988[^f00004]. The scale of solicitor’s costs in column (2) of the above table is inclusive of any costs (but not expenses) payable under Article 13(2) of the Criminal Injuries (Compensation) (Northern Ireland) Order 1988 in respect of making out and verifying the claim to compensation up to the date of the Secretary of State’s determination. Where a solicitor conducts an appeal without counsel he shall, if the Judge so allows, be entitled to an enhancement of his costs in addition to the scale costs in column (2) of the above table; and the amount of any such enhancement so allowed shall be in the discretion of the Judge, but shall not exceed 50% of the scale fee in column (3) of the above table to which counsel, if conducting the appeal, would have been entitled. | NOTE: Where a case is settled more than 2 days prior to the court hearing, 85% of the appropriate amount in column (3) of the above table is payable as counsel’s fee. Where the Judge considers it was proper for an applicant to instruct senior as well as junior counsel, the senior counsel’s fee will be one and a half times the appropriate figure in column (3) of the above table. Where the amount awarded is in excess of £250,000 the Judge shall, unless the parties otherwise agree, certify the amount of solicitor’s costs and the amount allowed for counsel’s fees. Where the case is one of exceptional complexity or difficulty the Judge may certify an amount exceeding the scale figures in columns (2) or (3) of the above table. Nothing in this table or note shall derogate from the provisions of Rule 4 of Order 54 or Article 16(3) of the Criminal Injuries (Compensation) (Northern Ireland) Order 1988[^f00004]. The scale of solicitor’s costs in column (2) of the above table is inclusive of any costs (but not expenses) payable under Article 13(2) of the Criminal Injuries (Compensation) (Northern Ireland) Order 1988 in respect of making out and verifying the claim to compensation up to the date of the Secretary of State’s determination. Where a solicitor conducts an appeal without counsel he shall, if the Judge so allows, be entitled to an enhancement of his costs in addition to the scale costs in column (2) of the above table; and the amount of any such enhancement so allowed shall be in the discretion of the Judge, but shall not exceed 50% of the scale fee in column (3) of the above table to which counsel, if conducting the appeal, would have been entitled. |
| 500 | 195 | 80 |
| 750 | 270 | 109 |
| 1,000 | 337 | 128 |
| 2,000 | 368 | 142 |
| 3,000 | 386 | 157 |
| 4,000 | 416 | 172 |
| 5,000 | 435 | 187 |
| 6,000 | 455 | 191 |
| 7,000 | 474 | 197 |
| 8,000 | 492 | 205 |
| 9,000 | 512 | 214 |
| 10,000 | 532 | 223 |
| 15,000 | 611 | 246 |
| 20,000 | 704 | 280 |
| 25,000 | 803 | 304 |
| 30,000 | 897 | 329 |
| 35,000 | 995 | 367 |
| 40,000 | 1,093 | 405 |
| 45,000 | 1,189 | 444 |
| 50,000 | 1,283 | 485 |
| 60,000 | 1,401 | 528 |
| 70,000 | 1,545 | 597 |
| 80,000 | 1,740 | 683 |
| 90,000 | 1,932 | 772 |
| 100,000 | 2,126 | 862 |
| 125,000 | 2,416 | 1,005 |
| 150,000 | 2,511 | 1,070 |
| 175,000 | 2,610 | 1,126 |
| 200,000 | 2,705 | 1,182 |
| 225,000 | 2,805 | 1,233 |
| 250,000 | 2,900 | 1,284 |
B. Respondent’s Costs
1
Where an appeal is dismissed, the Judge may order the appellant to pay to the Secretary of State an amount for his solicitor’s costs or counsel’s fees.
2
Where he does so, that amount shall, in default of agreement, be such as the Judge may determine, whether equal to or less than the costs actually incurred or the fees paid by the Secretary of State in resisting the appeal.
Party and party costs in appeals under section 28(5) of the Northern Ireland (Emergency Provisions) Act 1978 and under section 63(4) of the
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