County Court (Amendment) Rules (Northern Ireland) 1996

Type Ni-Statutory-Rule
Publication 1996-01-27
State In force
Jurisdiction Northern Ireland
Department Government Printer for Northern Ireland
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Reform history JSON API
Where the amount awarded is greater than the Secretary of State’s decision and does not exceed— Solicitor’s costs Counsel’s fee
(1) (2) (3)
£ £ £
NOTES: 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 the subject of the appeal 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 appellant 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 £50,000 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. The scale of solicitor’s costs in column (2) above is inclusive of any costs (but not expenses) payable by the Secretary of State in respect of making out and verifying the claim to compensation up to the date of service of notice of the Secretary of State’s decision under section 28(5) of the Northern Ireland (Emergency Provisions) Act 1978[^f00005] or under section 63(4) of the Northern Ireland (Emergency Provisions) Act 1991[^f00006]. Where an appeal under section 28(5) of the Northern Ireland (Emergency Provisions) Act 1978 or under section 63(4) of the Northern Ireland (Emergency Provisions) Act 1991 is in respect of an act authorised by or on behalf of the Secretary of State under section 19(2) of the Northern Ireland (Emergency Provisions) Act 1978 or under section 24(2) of the Northern Ireland (Emergency Provisions) Act 1991 and the Judge considers that the scale of costs in this Schedule is inappropriate, the amount of solicitor’s costs or of counsel’s fees shall be in the discretion of the Judge and, unless the parties otherwise agree, he shall certify the amount he allows for such costs and fees. Where the 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 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. NOTES: 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 the subject of the appeal 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 appellant 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 £50,000 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. The scale of solicitor’s costs in column (2) above is inclusive of any costs (but not expenses) payable by the Secretary of State in respect of making out and verifying the claim to compensation up to the date of service of notice of the Secretary of State’s decision under section 28(5) of the Northern Ireland (Emergency Provisions) Act 1978[^f00005] or under section 63(4) of the Northern Ireland (Emergency Provisions) Act 1991[^f00006]. Where an appeal under section 28(5) of the Northern Ireland (Emergency Provisions) Act 1978 or under section 63(4) of the Northern Ireland (Emergency Provisions) Act 1991 is in respect of an act authorised by or on behalf of the Secretary of State under section 19(2) of the Northern Ireland (Emergency Provisions) Act 1978 or under section 24(2) of the Northern Ireland (Emergency Provisions) Act 1991 and the Judge considers that the scale of costs in this Schedule is inappropriate, the amount of solicitor’s costs or of counsel’s fees shall be in the discretion of the Judge and, unless the parties otherwise agree, he shall certify the amount he allows for such costs and fees. Where the 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 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. NOTES: 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 the subject of the appeal 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 appellant 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 £50,000 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. The scale of solicitor’s costs in column (2) above is inclusive of any costs (but not expenses) payable by the Secretary of State in respect of making out and verifying the claim to compensation up to the date of service of notice of the Secretary of State’s decision under section 28(5) of the Northern Ireland (Emergency Provisions) Act 1978[^f00005] or under section 63(4) of the Northern Ireland (Emergency Provisions) Act 1991[^f00006]. Where an appeal under section 28(5) of the Northern Ireland (Emergency Provisions) Act 1978 or under section 63(4) of the Northern Ireland (Emergency Provisions) Act 1991 is in respect of an act authorised by or on behalf of the Secretary of State under section 19(2) of the Northern Ireland (Emergency Provisions) Act 1978 or under section 24(2) of the Northern Ireland (Emergency Provisions) Act 1991 and the Judge considers that the scale of costs in this Schedule is inappropriate, the amount of solicitor’s costs or of counsel’s fees shall be in the discretion of the Judge and, unless the parties otherwise agree, he shall certify the amount he allows for such costs and fees. Where the 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 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.
250 126 48
500 155 60
750 195 80
1,000 223 94
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 1,458 533
50,000 1,594 613

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.

Part VIII — Equity suits and proceedings

1

Subject to the Judge’s discretion, the following regulations shall be applicable to the costs of equity suits and proceedings under Articles 13 and 14 of the Order.

2

For the determination of costs in equity matters there shall be ten scales which may be known respectively as Scales 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 and shall, subject to the succeeding regulations of this Part, be applied as follows, that is to say—

Where the value of the personalty and/or lands— The scale applicable shall be—
does not exceed £2,500 Scale 1
exceeds £2,500 but not £7,500 Scale 2
exceeds £7,500 but not £12,500 Scale 3
exceeds £12,500 but not £15,000 Scale 4
exceeds £15,000 but not £20,000 Scale 5
exceeds £20,000 but not £25,000 Scale 6
exceeds £25,000 but not £30,000 Scale 7
exceeds £30,000 but not £35,000 Scale 8
exceeds £35,000 but not £40,000 Scale 9
exceeds £40,000 but not £45,000 Scale 10
3

For the purpose of ascertaining the appropriate scale the value of any lands not valued by a court valuer or sold in the course of the proceedings shall, subject to any direction of the Judge, be taken to be ten times their net annual value.

4

Where the subject of the proceedings is under the Rates (Northern Ireland) Order 1972 property which is not treated as a hereditament, its value shall, where the property is not valued by a court valuer or sold in the course of the proceedings be taken, subject to any direction of the Judge, to be an amount which is equal to forty times the amount which the Commissioner of Valuation certifies would be entered in the valuation list as its net annual value if it were so treated and if it had been valued under the enactments repealed by that Order.

5

Notwithstanding the foregoing provisions of this Part, the Judge may in any case direct that any of the scales prescribed in this Part be wholly or partly applicable for the determination of the costs of any party thereto.

6

Where any item of costs or expenses has not been provided for in the said Schedule, or where, having regard to the work actually performed, the amounts provided in the Schedule are in the opinion of the Judge inadequate, he may for any particular case make a special order allowing such costs and expenses as he may think just.

7

The value of the subject matter of any suit for the purpose of stamp duties and for the allowance of costs and expenses shall in case of dispute be assessed by the Judge.

8

Where a suit is terminated by settlement or other arrangement at any time before the final decree, the Judge may order such allowance in respect of costs and expenses of either or any of the parties as in his opinion, having regard to the nature and circumstances of the case, may seem just.

9

The costs of separate appearances by counsel or solicitor for parties whose interests are not antagonistic shall not be allowed, nor shall more than one set of costs be allowed for any parties for whom the Judge is of the opinion that separate appearances were unnecessary.

10

Costs as between party and party shall in all cases be taxed by the district judge when directed by the Judge, and as between solicitor and client on requisition. Every such taxation shall be subject to review by the Judge wholly or in part.

11

Where in a mortgage suit the defendant, either before the hearing or within the time fixed by the primary decree, pays the amount due for principal and interest together with all costs due up to the date of payment, such costs shall be ascertained by reference to the amount due at the commencement of the proceedings and not by reference to the value of the lands.

12

Where equity proceedings involve a declaration of title or a claim for damages for trespass to lands, or an injunction in relation to lands, it shall be in the discretion of the Judge to direct that costs shall be in accordance with Tables 4 and 5 in Part I in lieu of any other Tables or scales.

13

Counsel travelling to attend a court—

14

For each day or part of a day on which a trial or hearing is continued after the first day—

SCHEDULE — Counsel’s fees

Scale 1 Scale 2 Scale 3 Scale 4 Scale 5 Scale 6 Scale 7 Scale 8 Scale 9 Scale 10
£ £ £ £ £ £ £ £ £ £
For advising proceedings or defence, settling the equity civil bill or petition and advising proofs— 56 78 100 111 145 167 195 220 245 269
On the hearing of every equity civil bill or petition— 167 223 278 334 389 445 501 556 612 668
In suits in which the primary relief sought is of course, and involves a reference for account or inquiry, and a second decree, no fee shall be allowed in respect of the first hearing unless the Judge, having regard to any question of difficulty which may arise in the course of the suit, otherwise directs.
In every suit for equitable relief, where the right to such relief is not contested, the fees allowed on the hearing shall, unless the Judge otherwise directs, not exceed— 56 78 100 111 145 167 195 220 245 269

The allowance of fees for counsel which are not hereinbefore provided for shall be governed by the nature, circumstances and general requirements of each case, and, save as herein provided, no fee to counsel shall be allowed on taxation unless by special direction in writing signed by the Judge, which direction must in all cases be applied for at the time of counsel’s appearance; and no costs of counsel shall be allowed in any case which in the opinion of the Judge is not fit for such allowance.

In all cases in which a fee to counsel is allowed or directed by the Judge, there shall be produced to the officer on taxation—

otherwise the items for the fee and all relevant instructions shall be disallowed, or the taxation shall be disallowed, or the taxation shall be adjourned without costs of attendance, at the discretion of the Officer.

Solicitor ’s costs — Percentage or Commission in lieu of Solicitor’s Costs in Suits by Civil Bill or Petition

If in any suit, having regard to its nature and circumstances, it appears to the Judge, on the application of the solicitor having carriage of the proceedings, or of the solicitor for any party interested in the suit, that it is expedient that a percentage or commission should be allowed as remuneration to the solicitor or solicitors for his or their services in each suit, in lieu of ordinary costs therein, he may make such allowance, subject to the following provisions, that is to say—

Solicitor’s costs — Where the Principle of Allowance by Percentage or Commission does not apply

Scale 1 Scale 2 Scale 3 Scale 4 Scale 5 Scale 6 Scale 7 Scale 8 Scale 9 Scale 10
£ £ £ £ £ £ £ £ £ £
1. For taking instructions for civil bill or defence, advising thereon, taking instructions for hearing, advising proofs, and instructing counsel when employed. 81 97 109 137 165 188 203 216 229 241
2. For drawing civil bill or statement of defence and copy for service, and instructing counsel when employed. 53 65 89 95 113 134 152 170 187 204
3. For entering civil bill or defence, and attending the hearing, with or without counsel, and for all other costs up to the decree, and taking out same. 162 195 250 265 304 342 414 482 545 609
4. In cases of account or inquiry — on further hearing, in addition to the above, for entering the matter, attending further hearing with or without counsel and taking out the order thereon. 162 195 250 265 304 342 414 482 545 609
5. For confirmation of certificate on account or inquiry where no application to vary a sum not exceeding— 53 65 89 95 113 134 158 181 203 224
6. Trustee Act (Northern Ireland) 1958: Order 28. For instructions and attendances, drawing, engrossing and filing an affidavit for the purpose of payment of money, transfer of stock, or deposit of security, obtaining the certificate, paying the money, transferring the stock, or depositing the security and all other costs. 108 145 189 240 288 329 355 379 402 424
7. For all work incident to obtaining an order to invest under Order 28 or Order 45 or for payment of income under Order 45—
Where the application is ex parte 81 97 125 132 151 170 202 216 229 241
Where the application is on notice 81 100 127 139 162 181 237 289 338 287
For the purposes of items 1, 2 and 3 the expression “civil bill” includes any summons or petition initiating proceedings but does not include a petition at item 8.
8. For all work incident to obtaining an order for payment out or distribution of funds—
Where the application is ex parte 81 97 125 132 151 170 202 216 229 241
Where the application is on notice or by petition 108 145 189 240 288 329 355 379 402 424
9. For all work in connection with an application to the Accountant General under Court Funds Rules. 27 49 53 76 82 95 111 127 141 156
10. Costs in the office of the Chief Clerk— To the solicitor for the plaintiff, petitioner, or party having the carriage of the proceedings. In all cases of account or inquiry directed by any decree or order to be taken or made before any officer of the court, and in lieu of all other costs incurred between the primary decree and the termination of the taking of such account or the making of such inquiry, here shall be allowed to the solicitor for the plaintiff, petitioner, or party having the carriage of the proceedings, as the case may be, such sums as having regard to Rule 9 of Order 55 the taxing officer shall consider reasonable but not exceeding (save by direction of the Judge). 298 490 671 854 1026 1170 1259 1343 1421 1499
11. To the solicitor for the defendant or respondent.
In all cases of account or inquiry directed by any decree or order to be taken or made before the officer of the court, and in lieu of all other costs incurred between the date of the primary decree and the termination of the taking of such account or the making of such inquiry, there shall be allowed to each party (other than the party having carriage of the proceedings) on the taxation of the costs, regard being had to the work properly performed, such sum as the officer thinks reasonable or just, not exceeding the allowance to the plaintiff, petitioner or other party having carriage of the proceedings, hereinbefore provided.
OCCASIONAL COSTS
Receivers
12. For all work in connection with the appointment of a receiver and the completion of the security, a sum not exceeding— 108 145 189 245 267 289 316 342 265 388
13. For instructions for the account of a receiver, drawing and preparing the same, and all attendances to lodge, vouch and pass the same, and the distribution or application of the balance, a sum not exceeding— 108 145 189 245 267 289 316 342 365 388
Interlocutory Applications and Attendances
14. For all work in connection with an interlocutory application and the order thereon, a sum not exceeding— 53 65 89 95 113 134 152 170 187 204
Letters
15. For writing a letter a reasonable time before the institution of proceedings. 3·90 3·90 3·90 3·90 3·90 3·90 3·90 3·90 3·90 3·90
Drafts and Copies
16. For drawing and engrossing any document not otherwise provided for, 38p per folio.
17. For copies of all necessary documents used in court, or required by the Judge or briefed, per folio. 0·20 0·20 0·20 0·20 0·20 0·20 0·20 0·20 0·20 0·20
For carbons or duplicates, per folio. 0·11 0·11 0·11 0·11 0·11 0·11 0·11 0·11 0·11 0·11

Part IX — Miscellaneous Costs

INTERPLEADER PROCEEDINGS

The costs under Order 10 shall be in accordance with the foregoing Rules and Tables so far as appropriate and subject to any direction by the Judge.

INTERLOCUTORY APPLICATIONS (other than Equity)

These items are not to be allowed against the other party unless certified by the Judge, District Judge or Chief Clerk. These items are not to be allowed against the other party unless certified by the Judge, District Judge or Chief Clerk.
Instructions and drawing notice of motion or
certificate of application for discovery, filing and serving copy £19·47
Attending before Judge or District Judge on notice or ex parte £33·38
Drawing up list of documents under Order 15 £30·66 (or such other amount as the Judge or District Judge may allow).

Counsel’s fees

Attending before Judge on notice or ex parte £33·38
(This item is only to be allowed against the other party when the Judge certifies that counsel was necessary).
Drawing up list of documents under Order 15 £30·66 (or such other amount as the Judge or District Judge may allow)

JUDGMENTS ENFORCEMENT (NORTHERN IRELAND) ORDER 1981: Part VIII

Costs of an enforcement order under Rule 4(2)(a) of Order 40 shall be in accordance with Part 1, Table 3 as if the total amount ordered to be paid by instalments were the amount decreed.

Costs of a committal order or an attachment of earnings order made by the Court under the said Act shall be one-half the amount of the costs appropriate to an enforcement order.

ENFORCEMENT OF COUNTY COURT DECREES IN OTHER PARTS OF THE UNITED KINGDOM

Applicant’s costs of obtaining a certificate in respect of a money provision contained in a decree £19·47
And in addition £1·98 in respect of the affidavit together with the commissioner’s fee (if any).

HIRE-PURCHASE

Where an order is made for recovery of possession of goods let under a hire-purchase agreement, the prima facie value of the goods for the purpose of costs shall be the total price less (a) the amount paid, and (b) the amount of arrears (if any) awarded by the decree or order, but this value may be varied by the Judge in his discretion and the costs shall be of the same amount as in proceedings for the recovery of a sum of money equal to the said value of the goods.

Where a decree for arrears of instalments and/or damages is coupled with an order for recovery of possession of goods the amount thereof shall be added to the value of the goods as ascertained as above for the purpose of fixing the amount of the costs.

In any proceedings on foot of a hire-purchase agreement for recovery of possession of goods or for arrears of instalments or for damages for breach of the said agreement where such proceedings are undefended the costs shall be in accordance with Part I, Table 3 and in other cases Part I, Table 1 or 2.

STATUTORY APPEALS AND APPLICATIONS

The above fees may be increased at the discretion of the Judge, who may, in the case of an application under the Administration of Estates Acts (Northern Ireland) 1955 or the Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979 or the Administration of Estates (Northern Ireland) Order 1979 or any other statutory application not otherwise provided for, direct that the Equity scales shall apply in lieu of the above costs. The above fees may be increased at the discretion of the Judge, who may, in the case of an application under the Administration of Estates Acts (Northern Ireland) 1955 or the Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979 or the Administration of Estates (Northern Ireland) Order 1979 or any other statutory application not otherwise provided for, direct that the Equity scales shall apply in lieu of the above costs.
Notice of appeal or application, services and entry £14·50
Preparation for and attending hearing, instructing counsel (if any) and taking out order £77·00
Counsel’s fees £48·00

PROCEEDINGS FOR WRONGFUL INTERFERENCE WITH GOODS

Where an order is made for delivery of goods with or without an order for damages the value of the goods as assessed by the court shall be added to the damages, if any, for the purpose of ascertaining the appropriate costs scales.

Where an action for wrongful interference with goods is dismissed the defendant’s costs shall be based upon the value of the goods claimed as assessed by the court or shall be such sum as the Judge may award.

COSTS OF THE DAY

If ordered by the Judge on the application of any party, the costs of the day in any proceeding shall be in the discretion of the Judge.

Part X — Occasional costs

1. For any affidavit of service not otherwise provided for £1·98
2. For any other necessary affidavit not otherwise provided for, per folio £0·82
3. For preparing recognizance £2·27
4. For drawing, issuing and having served a witness summons £6·63
5. For drawing costs and copies, per page. £4·92
6. For attending taxation, per hour £8·30

Signed

We, the undersigned members of the County Court Rules Committee, having by virtue of the powers vested in us in this behalf made the foregoing Rules, do hereby certify the same under our hand and submit them to the Lord Chancellor accordingly.

J. F. B. Russell — J. J. Curran — T. A. Burgess — James A. Agnew — H. Keegan — Brian J. Stewart — P. Kelly — Dated 11th January 1996.

After consultation with the Lord Chief Justice, I allow these rules which shall come into operation on 26th February 1996.

Mackay of Clashfern, C. — Dated 27th January 1996

Explanatory note

(This note is not part of the Rules.)

These Rules amend the County Court Rules (Northern Ireland) 1981 so as to increase county court costs by 11.25%.

Footnotes

[^f00001]: S.I. 1980/397 (N.I. 3)

[^f00002]: S.R. 1981 No. 225; to which the most recent relevant amendments were made by S.R. 1993 No. 322 and S.R. 1992 No. 248

[^f00003]: S.I. 1977/1247 (N.I. 14)

[^f00004]: S.I. 1988/793 (N.I. 4)

[^f00005]: 1978 c. 5

[^f00006]: 1991 c. 24

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