LegalizeCounty Court (Amendment No. 2) Rules (Northern Ireland) 2002
Made: 30th December 2002
Coming into operation: 3rd March 2003
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 No. 2) Rules (Northern Ireland) 2002.
- (2) In these Rules a reference to an Order, Rule or Appendix is a reference to that Order, Rule or Appendix as numbered in the County Court Rules (Northern Ireland) 1981[^f00002].
Costs
2
- (1) Order 55 shall be amended as follows–
- (a) by revoking paragraph (1) in rule 9;
- (b) by the insertion of the following new rule–
(11) (1) This rule only applies where the plaintiff’s cause of action (or if there is more than one cause of action the principal cause of action): (a) related to contracts for works of building or engineering construction, contracts of engagement of architects, engineers or quantity surveyors, the sale of goods, insurance, banking, the export or import of merchandise, shipping or other mercantile matters, agency, bailment, carriage of goods, professional or clinical negligence or title to land; (b) claimed assault, battery, wrongful arrest or false imprisonment and where a named defendant is the Ministry of Defence, Chief Constable of the Police Service of Northern Ireland or Head of the Northern Ireland Prison Service; or (c) was brought under: (i) Part IV of the Sex Discrimination (Northern Ireland) Order 1976[^f00003]; (ii) Part III of the Race Relations (Northern Ireland) Order 1997[^f00004]; (iii) Part IV of the Fair Employment and Treatment (Northern Ireland) Order 1998[^f00005]; (iv) Part III of the Disability Discrimination Act 1995[^f00006]; or (v) section 76 of the Northern Ireland Act 1998[^f00007]; (2) Subject to paragraph (4) where, at the conclusion of a cause of action to which this rule applies, the judge is satisfied that the issues in the case were of particular complexity, he may order that the parties receive an enhancement of their costs in addition to the scale costs set out in Appendix 2. (3) The amount of any enhancement under this rule shall be one-third of the scale fee in Appendix 2 to which the parties are entitled. (4) No enhancement shall be permitted under this rule unless: (a) prior to service of the civil bill or counterclaim, the plaintiff or the defendant has endorsed upon the civil bill or counterclaim that a cause of action between the parties falls within the provisions of this rule; or (b) where the proceedings were commenced in the High Court by writ of summons and remitted to the county court– (i) the plaintiff within 14 days of the order for remittal serves a notice on the defendant that a cause of action falls within the provision of this rule; or (ii) the defendant within 14 days of the service of the order for remittal upon the plaintiff serves a notice on the plaintiff that a cause of action in his counterclaim falls within the provision of this rule. (5) Notice under paragraph (4) shall be copied to the chief clerk.
- (c) in rule 14 by substituting for paragraphs (3) and (4) the following new paragraphs–
(3) Subject to paragraphs (4), (5) and (6) where judgment is entered on behalf of a plaintiff in accordance with Order 12, Rule 2 and damages are assessed under Order 12, Rule 13 or 16 the costs awarded to a solicitor or counsel shall be 50% of the scale fee payable under the relevant Table (as determined by the cause of action) in Appendix 2. (4) Costs shall only be awarded to counsel in accordance with paragraph (3) if the judge has certified that it was necessary to instruct counsel in that case. (5) Notwithstanding paragraph (3), the amount of 50% of the scale fee prescribed by paragraph (3) (being the costs payable to a solicitor and, if allowed, to counsel where judgment is entered on behalf of a plaintiff in accordance with Order 12, Rule 2 and damages are assessed under Order 12, Rules 13 or 16) may be increased at the discretion of the judge or district judge. (6) Notwithstanding paragraphs (3) to (5), in any case whether commenced by civil bill or on petition, where the approval of the judge is required under Order 44, Rule 1(1)(a), the costs payable to a solicitor and counsel shall be the full scale fee allowable under Appendix 2, Part 1
; and
- (d) in rule 17 by deleting the figure “£2·27” and substituting the figure “£2·37”.
- (2) For Appendix 2 there shall be substituted the new Appendix 2 set out in the Schedule.
SCHEDULE — APPENDIX 2
PART I — Ordinary civil bills
(other than those provided for in Table 3)
| In actions where amount decreed (in the case of the plaintiff) and where amount claimed (in the case of the defendant) | In actions where amount decreed (in the case of the plaintiff) and where amount claimed (in the case of the defendant) | Solicitor’s costs |
|---|---|---|
| (1) | (1) | (2) |
| i | does not exceed £1,000 | £450 |
| ii | exceeds £1,000 but does not exceed £2,500 | £950 |
| iii | exceeds £2,500 but does not exceed £5,000 | £1,350 |
| iv | exceeds £5,000 but does not exceed £7,500 | £1,750 |
| v | exceeds £7,500 but does not exceed £10,000 | £2,000 |
| vi | exceeds £10,000 but does not exceed £12,500 | £2,200 |
| vii | exceeds £12,500 but does not exceed £15,000 | £2,400 |
| In actions where amount decreed (in the case of the plaintiff) and where amount claimed (in the case of the defendant) | In actions where amount decreed (in the case of the plaintiff) and where amount claimed (in the case of the defendant) | Counsel’s fee |
| (1) | (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 £20·00; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £40·00. 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 £20·00; 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 £40·00. 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 judge is satisfied that the issues in the case were of particular complexity he may certify that the solicitor or counsel, as the case may be, is entitled to an additional sum of £35·00 for drafting a notice for further particulars. 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 £35·00. For each day or part of a day on which a trial or hearing is continued after the first day both counsel and a solicitor in attendance are each 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 £20·00; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £40·00. 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 £20·00; 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 £40·00. 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 judge is satisfied that the issues in the case were of particular complexity he may certify that the solicitor or counsel, as the case may be, is entitled to an additional sum of £35·00 for drafting a notice for further particulars. 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 £35·00. For each day or part of a day on which a trial or hearing is continued after the first day both counsel and a solicitor in attendance are each 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 £20·00; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £40·00. 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 £20·00; 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 £40·00. 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 judge is satisfied that the issues in the case were of particular complexity he may certify that the solicitor or counsel, as the case may be, is entitled to an additional sum of £35·00 for drafting a notice for further particulars. 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 £35·00. For each day or part of a day on which a trial or hearing is continued after the first day both counsel and a solicitor in attendance are each 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 £1,000 | £150 |
| ii | exceeds £1,000 but does not exceed £2,500 | £220 |
| iii | exceeds £2,500 but does not exceed £5,000 | £320 |
| iv | exceeds £5,000 but does not exceed £7,500 | £400 |
| v | exceeds £7,500 but does not exceed £10,000 | £470 |
| vi | exceeds £10,000 but does not exceed £12,500 | £535 |
| vii | exceeds £12,500 but does not exceed £15,000 | £600 |
Costs where no notice of intention to defend is served and judgment is marked under Order 12
| In actions where amount decreed – | In actions where amount decreed – | Where sum claimed and costs specified in civil bill not paid within 21 days of service |
|---|---|---|
| (1) | (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 Order 55, Rule 14(1). 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 £352. 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 £20·00; 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 £40·00. 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 Order 55, Rule 14(1). 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 £352. 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 £20·00; 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 £40·00. 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 Order 55, Rule 14(1). 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 £352. 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 £20·00; 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 £40·00. 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 | £66 |
| ii | exceeds £500 but does not exceed £1,000 | £104 |
| iii | exceeds £1,000 but does not exceed £2,000 | £130 |
| iv | exceeds £2,000 but does not exceed £3,000 | £149 |
| v | exceeds £3,000 but does not exceed £4,000 | £163 |
| vi | exceeds £4,000 but does not exceed £5,000 | £181 |
| vii | exceeds £5,000 but does not exceed £6,000 | £202 |
| viii | exceeds £6,000 but does not exceed £7,000 | £220 |
| ix | exceeds £7,000 but does not exceed £8,000 | £237 |
| x | exceeds £8,000 but does not exceed £9,000 | £252 |
| xi | exceeds £9,000 but does not exceed £10,000 | £265 |
| xii | exceeds £10,000 but does not exceed £12,500 | £288 |
| xiii | exceeds £12,500 but does not exceed £15,000 | £319 |
Libel and slander
| In actions where amount decreed – | In actions where amount decreed – | Solicitor’s costs | Counsel’s fee |
|---|---|---|---|
| (1) | (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 £20·00; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £40·00. 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 £20·00; 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 £40·00. 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 judge is satisfied that the issues in the case were of particular complexity he may certify that the solicitor or counsel, as the case may be, is entitled to an additional sum of £35·00 for drafting a notice for further particulars. 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 £35·00. For each day or part of a day on which a trial or hearing is continued after the first day counsel and a solicitor in attendance are each 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 £20·00; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £40·00. 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 £20·00; 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 £40·00. 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 judge is satisfied that the issues in the case were of particular complexity he may certify that the solicitor or counsel, as the case may be, is entitled to an additional sum of £35·00 for drafting a notice for further particulars. 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 £35·00. For each day or part of a day on which a trial or hearing is continued after the first day counsel and a solicitor in attendance are each 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 £20·00; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £40·00. 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 £20·00; 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 £40·00. 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 judge is satisfied that the issues in the case were of particular complexity he may certify that the solicitor or counsel, as the case may be, is entitled to an additional sum of £35·00 for drafting a notice for further particulars. 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 £35·00. For each day or part of a day on which a trial or hearing is continued after the first day counsel and a solicitor in attendance are each 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 £20·00; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £40·00. 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 £20·00; 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 £40·00. 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 judge is satisfied that the issues in the case were of particular complexity he may certify that the solicitor or counsel, as the case may be, is entitled to an additional sum of £35·00 for drafting a notice for further particulars. 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 £35·00. For each day or part of a day on which a trial or hearing is continued after the first day counsel and a solicitor in attendance are each entitled to an additional sum equivalent to one third of counsel’s scale fee. |
| i | does not exceed £500 | £447·00 | £192·00 |
| ii | exceeds £500 but does not exceed £1,000 | £524·00 | £287·00 |
| iii | exceeds £1,000 but does not exceed £1,500 | £600·00 | £357·00 |
| iv | exceeds £1,500 but does not exceed £2,000 | £715·00 | £447·00 |
| v | exceeds £2,000 but does not exceed £2,500 | £810·00 | £531·00 |
| vi | exceeds £2,500 but does not exceed £3,000 | £910·00 | £610·00 |
Libel and slander
| In actions where amount claimed – | In actions where amount claimed – | Solicitor’s costs | Counsel’s fee |
|---|---|---|---|
| (1) | (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 £20·00; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £40·00. 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 £20·00; 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 £40·00. 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 judge is satisfied that the issues in the case were of particular complexity he may certify that the solicitor or counsel, as the case may be, is entitled to an additional sum of £35·00 for drafting a notice for further particulars. 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 £35·00. For each day or part of a day on which a trial or hearing is continued after the first day counsel and a solicitor in attendance are each 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 £20·00; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £40·00. 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 £20·00; 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 £40·00. 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 judge is satisfied that the issues in the case were of particular complexity he may certify that the solicitor or counsel, as the case may be, is entitled to an additional sum of £35·00 for drafting a notice for further particulars. 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 £35·00. For each day or part of a day on which a trial or hearing is continued after the first day counsel and a solicitor in attendance are each 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 £20·00; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £40·00. 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 £20·00; 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 £40·00. 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 judge is satisfied that the issues in the case were of particular complexity he may certify that the solicitor or counsel, as the case may be, is entitled to an additional sum of £35·00 for drafting a notice for further particulars. 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 £35·00. For each day or part of a day on which a trial or hearing is continued after the first day counsel and a solicitor in attendance are each 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 £20·00; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £40·00. 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 £20·00; 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 £40·00. 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 judge is satisfied that the issues in the case were of particular complexity he may certify that the solicitor or counsel, as the case may be, is entitled to an additional sum of £35·00 for drafting a notice for further particulars. 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 £35·00. For each day or part of a day on which a trial or hearing is continued after the first day counsel and a solicitor in attendance are each entitled to an additional sum equivalent to one third of counsel’s scale fee. |
| i | does not exceed £500 | £434·00 | £192·00 |
| ii | exceeds £500 but does not exceed £1,000 | £512·00 | £287·00 |
| iii | exceeds £1,000 but does not exceed £1,500 | £588·00 | £357·00 |
| iv | exceeds £1,500 but does not exceed £2,000 | £702·00 | £447·00 |
| v | exceeds £2,000 but does not exceed £2,500 | £796·00 | £531·00 |
| vi | exceeds £2,500 but does not exceed £3,000 | £897·00 | £610·00 |
PART II — Remitted actions
| In actions where amount decreed – | In actions where amount decreed – | Solicitor’s costs |
|---|---|---|
| (1) | (1) | (2) |
| i | does not exceed £1,000 | £450 |
| ii | exceeds £1,000 but does not exceed £2,500 | £950 |
| iii | exceeds £2,500 but does not exceed £5,000 | £1,350 |
| iv | exceeds £5,000 but does not exceed £7,500 | £1,750 |
| v | exceeds £7,500 but does not exceed £10,000 | £2,000 |
| vi | exceeds £10,000 but does not exceed £12,500 | £2,200 |
| vii | exceeds £12,500 but does not exceed £15,000 | £2,400 |
| In actions where amount decreed – | In actions where amount decreed – | Counsel’s fee |
| (1) | (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 £20·00; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £40·00. 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 £20·00; 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 £40·00. 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. Where the judge is satisfied that the issues in the case were of particular complexity he may certify that the solicitor or counsel, as the case may be, is entitled to an additional sum of £35·00 for drafting a notice for further particulars. 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 £35·00. For each day or part of a day on which a trial or hearing is continued after the first day both counsel and a solicitor in attendance are each 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 £20·00; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £40·00. 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 £20·00; 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 £40·00. 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. Where the judge is satisfied that the issues in the case were of particular complexity he may certify that the solicitor or counsel, as the case may be, is entitled to an additional sum of £35·00 for drafting a notice for further particulars. 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 £35·00. For each day or part of a day on which a trial or hearing is continued after the first day both counsel and a solicitor in attendance are each 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 £20·00; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £40·00. 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 £20·00; 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 £40·00. 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. Where the judge is satisfied that the issues in the case were of particular complexity he may certify that the solicitor or counsel, as the case may be, is entitled to an additional sum of £35·00 for drafting a notice for further particulars. 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 £35·00. For each day or part of a day on which a trial or hearing is continued after the first day both counsel and a solicitor in attendance are each entitled to an additional sum equivalent to one third of counsel’s scale fee. |
| i | does not exceed £1,000 | £150 |
| ii | exceeds £1,000 but does not exceed £2,500 | £220 |
| iii | exceeds £2,500 but does not exceed £5,000 | £320 |
| iv | exceeds £5,000 but does not exceed £7,500 | £400 |
| v | exceeds £7,500 but does not exceed £10,000 | £470 |
| vi | exceeds £10,000 but does not exceed £12,500 | £535 |
| vii | exceeds £12,500 but does not exceed £15,000 | £600 |
| 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 £20.11. Counsel travelling to attend a court– 20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £20·00; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £40·00. 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 £20·00; 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 £40·00. 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 judge is satisfied that the issues in the case were of particular complexity he may certify that the solicitor or counsel, as the case may be, is entitled to an additional sum of £35·00 for drafting a notice for further particulars. 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 £35·00. For each day or part of a day on which a trial or hearing is continued after the first day counsel and a solicitor in attendance are each entitled to an additional sum equivalent to one third of counsel’s 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 £20.11. Counsel travelling to attend a court– 20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £20·00; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £40·00. 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 £20·00; 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 £40·00. 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 judge is satisfied that the issues in the case were of particular complexity he may certify that the solicitor or counsel, as the case may be, is entitled to an additional sum of £35·00 for drafting a notice for further particulars. 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 £35·00. For each day or part of a day on which a trial or hearing is continued after the first day counsel and a solicitor in attendance are each entitled to an additional sum equivalent to one third of counsel’s fee. | |
| --- | --- | |
| Solicitor’s costs | £2,400·00 | |
| Counsel’s fee | £600·00 | |
| 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) | (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 £20·00; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £40·00. 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 £20·00; 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 £40·00. 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 and a solicitor in attendance are each 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 £20·00; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £40·00. 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 £20·00; 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 £40·00. 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 and a solicitor in attendance are each 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 £20·00; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £40·00. 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 £20·00; 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 £40·00. 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 and a solicitor in attendance are each 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 £20·00; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £40·00. 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 £20·00; 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 £40·00. 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 and a solicitor in attendance are each 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 and the Rent (Northern Ireland) Order 1978[^f00008] | 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 and the Rent (Northern Ireland) Order 1978[^f00008] | ||
| £110·00 | £54·00 | ||
| In other cases– | In other cases– | ||
| where the valuation | where the valuation | ||
| i | does not exceed £500 | £269·00 | £102·00 |
| ii | exceeds £500 | £383·00 | £192·00 |
| Solicitor’s costs | Counsel’s fee | ||
| --- | --- | --- | --- |
| (1) | (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 £20·00; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £40·00. 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 £20·00; 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 £40·00. 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 and a solicitor in attendance are each 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 £20·00; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £40·00. 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 £20·00; 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 £40·00. 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 and a solicitor in attendance are each 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 £20·00; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £40·00. 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 £20·00; 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 £40·00. 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 and a solicitor in attendance are each 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 £20·00; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £40·00. 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 £20·00; 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 £40·00. 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 and a solicitor in attendance are each 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 and the Rent (Northern Ireland) Order 1978 | 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 and the Rent (Northern Ireland) Order 1978 | £110·00 | £54·00 |
| In other cases– | In other cases– | ||
| where the valuation | where the valuation | ||
| i | does not exceed £500 | £269·00 | £102·00 |
| ii | exceeds £500 | £383·00 | £192·00 |
PART IV — Proceedings to annul precept, order or conviction – Order 37
| Instructions, drawing notice and copy | £16·87 |
|---|---|
| Entry, preparation for and attending hearing | £55·73 |
| Drawing order | £5·06 |
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 – | Where the net estate – | Solicitor’s costs | Counsel’s fee |
|---|---|---|---|
| (1) | (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 £20·00; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £40·00. 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 £20·00; 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 £40·00. 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 judge is satisfied that the issues in the case were of particular complexity he may certify that the solicitor or counsel, as the case may be, is entitled to an additional sum of £35·00 for drafting a notice for further particulars. 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 £35·00. For each day or part of a day on which a trial or hearing is continued after the first day counsel and a solicitor in attendance are each 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 £20·00; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £40·00. 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 £20·00; 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 £40·00. 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 judge is satisfied that the issues in the case were of particular complexity he may certify that the solicitor or counsel, as the case may be, is entitled to an additional sum of £35·00 for drafting a notice for further particulars. 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 £35·00. For each day or part of a day on which a trial or hearing is continued after the first day counsel and a solicitor in attendance are each 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 £20·00; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £40·00. 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 £20·00; 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 £40·00. 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 judge is satisfied that the issues in the case were of particular complexity he may certify that the solicitor or counsel, as the case may be, is entitled to an additional sum of £35·00 for drafting a notice for further particulars. 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 £35·00. For each day or part of a day on which a trial or hearing is continued after the first day counsel and a solicitor in attendance are each 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 £20·00; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £40·00. 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 £20·00; 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 £40·00. 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 judge is satisfied that the issues in the case were of particular complexity he may certify that the solicitor or counsel, as the case may be, is entitled to an additional sum of £35·00 for drafting a notice for further particulars. 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 £35·00. For each day or part of a day on which a trial or hearing is continued after the first day counsel and a solicitor in attendance are each entitled to an additional sum equivalent to one third of counsel’s scale fee. |
| i | does not exceed £10,000 | £307·00 | £230·00 |
| ii | exceeds £10,000 but not £20,000 | £422·00 | £287·00 |
| iii | exceeds £20,000 but not £30,000 | £563·00 | £320·00 |
| iv | exceeds £30,000 but not £40,000 | £693·00 | £351·00 |
| v | exceeds £40,000 but not £45,000 | £816·00 | £378·00 |
| Where the net estate – | Where the net estate – | Solicitor’s costs | Counsel’s fee |
| --- | --- | --- | --- |
| (1) | (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 £20·00; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £40·00. 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 £20·00; 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 £40·00. 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 judge is satisfied that the issues in the case were of particular complexity he may certify that the solicitor or counsel, as the case may be, is entitled to an additional sum of £35·00 for drafting a notice for further particulars. 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 £35·00. For each day or part of a day on which a trial or hearing is continued after the first day counsel and a solicitor in attendance are each 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 £20·00; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £40·00. 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 £20·00; 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 £40·00. 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 judge is satisfied that the issues in the case were of particular complexity he may certify that the solicitor or counsel, as the case may be, is entitled to an additional sum of £35·00 for drafting a notice for further particulars. 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 £35·00. For each day or part of a day on which a trial or hearing is continued after the first day counsel and a solicitor in attendance are each 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 £20·00; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £40·00. 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 £20·00; 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 £40·00. 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 judge is satisfied that the issues in the case were of particular complexity he may certify that the solicitor or counsel, as the case may be, is entitled to an additional sum of £35·00 for drafting a notice for further particulars. 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 £35·00. For each day or part of a day on which a trial or hearing is continued after the first day counsel and a solicitor in attendance are each 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 £20·00; more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £40·00. 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 £20·00; 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 £40·00. 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 judge is satisfied that the issues in the case were of particular complexity he may certify that the solicitor or counsel, as the case may be, is entitled to an additional sum of £35·00 for drafting a notice for further particulars. 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 £35·00. For each day or part of a day on which a trial or hearing is continued after the first day counsel and a solicitor in attendance are each entitled to an additional sum equivalent to one third of counsel’s scale fee. |
| i | does not exceed £10,000 | £295·00 | £230·00 |
| ii | exceeds £10,000 but not £20,000 | £409·00 | £287·00 |
| iii | exceeds £20,000 but not £30,000 | £549·00 | £320·00 |
| iv | exceeds £30,000 but not £40,000 | £681·00 | £351·00 |
| v | exceeds £40,000 but not £45,000 | £804·00 | £378·00 |
PART VII — Application under Criminal Injuries to Persons (Compensation) Act (Northern Ireland) 1968
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