LegalizeCounty Court (Amendment No. 2) Rules (Northern Ireland) 2002
| Where the net estate – | Where the net estate – | Solicitor’s costs | Counsel’s fee |
|---|---|---|---|
| (1) | (1) | (2) | (3) |
| If claim is settled and attendance of applicant’s solicitor not required at court for purpose of obtaining a decree, 85% only of costs in columns (2) and (3) are payable, unless the parties otherwise agree or the Judge orders. Where the respondent has before the hearing of an application in court made an unconditional offer in writing to pay a specified amount for compensation and the compensation awarded by the Judge does not exceed such amount, only 50% of the costs in columns (2) and (3) are payable. Such written offer must be served on the applicant in accordance with section 24 of the Interpretation Act (Northern Ireland) 1954 not less than fourteen days before the commencement of the actual hearing by the Judge. The amount specified in the offer shall not be communicated to the Judge until after he has determined the amount awarded. Where the case is of exceptional complexity or difficulty, and in any event, taking into account the role of counsel and the nature and content of the proceedings, the Judge may certify an amount exceeding scale figure. Where the Judge considers that it was proper for the applicant to instruct senior as well as junior counsel, he may certify counsel’s fees and solicitor’s costs in such sum as he considers appropriate. Where the amount awarded exceeds £10,000, the Judge shall, unless the parties otherwise agree, certify the amount for solicitor’s costs and the amount allowed for counsel’s fees. | If claim is settled and attendance of applicant’s solicitor not required at court for purpose of obtaining a decree, 85% only of costs in columns (2) and (3) are payable, unless the parties otherwise agree or the Judge orders. Where the respondent has before the hearing of an application in court made an unconditional offer in writing to pay a specified amount for compensation and the compensation awarded by the Judge does not exceed such amount, only 50% of the costs in columns (2) and (3) are payable. Such written offer must be served on the applicant in accordance with section 24 of the Interpretation Act (Northern Ireland) 1954 not less than fourteen days before the commencement of the actual hearing by the Judge. The amount specified in the offer shall not be communicated to the Judge until after he has determined the amount awarded. Where the case is of exceptional complexity or difficulty, and in any event, taking into account the role of counsel and the nature and content of the proceedings, the Judge may certify an amount exceeding scale figure. Where the Judge considers that it was proper for the applicant to instruct senior as well as junior counsel, he may certify counsel’s fees and solicitor’s costs in such sum as he considers appropriate. Where the amount awarded exceeds £10,000, the Judge shall, unless the parties otherwise agree, certify the amount for solicitor’s costs and the amount allowed for counsel’s fees. | If claim is settled and attendance of applicant’s solicitor not required at court for purpose of obtaining a decree, 85% only of costs in columns (2) and (3) are payable, unless the parties otherwise agree or the Judge orders. Where the respondent has before the hearing of an application in court made an unconditional offer in writing to pay a specified amount for compensation and the compensation awarded by the Judge does not exceed such amount, only 50% of the costs in columns (2) and (3) are payable. Such written offer must be served on the applicant in accordance with section 24 of the Interpretation Act (Northern Ireland) 1954 not less than fourteen days before the commencement of the actual hearing by the Judge. The amount specified in the offer shall not be communicated to the Judge until after he has determined the amount awarded. Where the case is of exceptional complexity or difficulty, and in any event, taking into account the role of counsel and the nature and content of the proceedings, the Judge may certify an amount exceeding scale figure. Where the Judge considers that it was proper for the applicant to instruct senior as well as junior counsel, he may certify counsel’s fees and solicitor’s costs in such sum as he considers appropriate. Where the amount awarded exceeds £10,000, the Judge shall, unless the parties otherwise agree, certify the amount for solicitor’s costs and the amount allowed for counsel’s fees. | If claim is settled and attendance of applicant’s solicitor not required at court for purpose of obtaining a decree, 85% only of costs in columns (2) and (3) are payable, unless the parties otherwise agree or the Judge orders. Where the respondent has before the hearing of an application in court made an unconditional offer in writing to pay a specified amount for compensation and the compensation awarded by the Judge does not exceed such amount, only 50% of the costs in columns (2) and (3) are payable. Such written offer must be served on the applicant in accordance with section 24 of the Interpretation Act (Northern Ireland) 1954 not less than fourteen days before the commencement of the actual hearing by the Judge. The amount specified in the offer shall not be communicated to the Judge until after he has determined the amount awarded. Where the case is of exceptional complexity or difficulty, and in any event, taking into account the role of counsel and the nature and content of the proceedings, the Judge may certify an amount exceeding scale figure. Where the Judge considers that it was proper for the applicant to instruct senior as well as junior counsel, he may certify counsel’s fees and solicitor’s costs in such sum as he considers appropriate. Where the amount awarded exceeds £10,000, the Judge shall, unless the parties otherwise agree, certify the amount for solicitor’s costs and the amount allowed for counsel’s fees. |
| i | does not exceed £30 | £21·00 | £8·00 |
| ii | exceeds £30 but does not exceed £75 | £38·00 | £21·00 |
| iii | exceeds £75 but does not exceed £150 | £67·00 | £26·00 |
| iv | exceeds £150 but does not exceed £300 | £104·00 | £34·00 |
| v | exceeds £300 but does not exceed £500 | £115·00 | £37·00 |
| vi | exceeds £500 but does not exceed £1,000 | £137·00 | £39·00 |
| vii | exceeds £1,000 but does not exceed £2,000 | £152·00 | £56·00 |
| viii | exceeds £2,000 but does not exceed £3,500 | £174·00 | £67·00 |
| ix | exceeds £3,500 but does not exceed £5,000 | £190·00 | £79·00 |
| x | exceeds £5,000 but does not exceed £5,500 | £200·00 | £81·00 |
| xi | exceeds £5,500 but does not exceed £6,000 | £209·00 | £87·00 |
| xii | exceeds £6,000 but does not exceed £6,500 | £221·00 | £89·00 |
| xiii | exceeds £6,500 but does not exceed £7,000 | £229·00 | £95·00 |
| xiv | exceeds £7,000 but does not exceed £7,500 | £238·00 | £101·00 |
| xv | exceeds £7,500 but does not exceed £8,000 | £249·00 | £104·00 |
| xvi | exceeds £8,000 but does not exceed £8,500 | £260·00 | £107·00 |
| xvii | exceeds £8,500 but does not exceed £9,000 | £268·00 | £115·00 |
| xviii | exceeds £9,000 but does not exceed £9,500 | £276·00 | £118·00 |
| xix | exceeds £9,500 but does not exceed £10,000 | £284·00 | £123·00 |
RESPONDENT'S COSTS
Where an application for compensation is dismissed the amount recoverable by the respondent for solicitor’s costs or counsel’s fees shall, in default of agreement, be such amount, if any, as the Judge may settle.
Party and party costs in appeals under Article 15 of the Criminal Damage (Compensation) (Northern Ireland) Order 1977 in relation to claims for compensation under that Order
| Where the amount awarded is greater than the Secretary of State’s determination and does not exceed | Solicitor’s costs | Counsel’s fee |
|---|---|---|
| (1) | (2) | (3) |
| £ | £ | £ |
| 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 in dispute and not to the value of the claim as a whole. Where a case is settled more than 2 days prior to the court hearing, 85% of the appropriate amount in column (3) of the above table is payable as counsel’s fees. Where the Judge considers it was proper for an applicant to instruct senior as well as junior counsel, the senior counsel’s fee will be one and a half times the appropriate figure in column (3) of the above table. Where the amount awarded is in excess of £1,000,000 the Judge shall, unless the parties otherwise agree, certify the amount of solicitor’s costs and the amount allowed for counsel’s fees. Where the case is one of exceptional complexity or difficulty the Judge may certify an amount exceeding the scale figures in columns (2) or (3) of the above table. Nothing in this table or note shall derogate from the provisions of Rule 4 of Order 54 or Article 15(3) of the Criminal Damage (Compensation) (Northern Ireland) Order 1977[^f00009]. The scale of solicitor’s costs in column (2) of the above table is inclusive of any costs (but not expenses) payable under Article 12(2) of the Criminal Damage (Compensation) (Northern Ireland) Order 1977 in respect of making out and verifying the claim to compensation up to the date of the Secretary of State’s determination. Where a solicitor conducts an appeal without counsel he shall, if the Judge so allows, be entitled to an enhancement of his costs in addition to the scale costs in column (2) of the above table; and the amount of any enhancement shall be in the discretion of the Judge, but shall not exceed 50% of the scale fee in column (3) of the above table to which counsel, if conducting the appeal, would have been entitled. | 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 in dispute and not to the value of the claim as a whole. Where a case is settled more than 2 days prior to the court hearing, 85% of the appropriate amount in column (3) of the above table is payable as counsel’s fees. Where the Judge considers it was proper for an applicant to instruct senior as well as junior counsel, the senior counsel’s fee will be one and a half times the appropriate figure in column (3) of the above table. Where the amount awarded is in excess of £1,000,000 the Judge shall, unless the parties otherwise agree, certify the amount of solicitor’s costs and the amount allowed for counsel’s fees. Where the case is one of exceptional complexity or difficulty the Judge may certify an amount exceeding the scale figures in columns (2) or (3) of the above table. Nothing in this table or note shall derogate from the provisions of Rule 4 of Order 54 or Article 15(3) of the Criminal Damage (Compensation) (Northern Ireland) Order 1977[^f00009]. The scale of solicitor’s costs in column (2) of the above table is inclusive of any costs (but not expenses) payable under Article 12(2) of the Criminal Damage (Compensation) (Northern Ireland) Order 1977 in respect of making out and verifying the claim to compensation up to the date of the Secretary of State’s determination. Where a solicitor conducts an appeal without counsel he shall, if the Judge so allows, be entitled to an enhancement of his costs in addition to the scale costs in column (2) of the above table; and the amount of any enhancement shall be in the discretion of the Judge, but shall not exceed 50% of the scale fee in column (3) of the above table to which counsel, if conducting the appeal, would have been entitled. | 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 in dispute and not to the value of the claim as a whole. Where a case is settled more than 2 days prior to the court hearing, 85% of the appropriate amount in column (3) of the above table is payable as counsel’s fees. Where the Judge considers it was proper for an applicant to instruct senior as well as junior counsel, the senior counsel’s fee will be one and a half times the appropriate figure in column (3) of the above table. Where the amount awarded is in excess of £1,000,000 the Judge shall, unless the parties otherwise agree, certify the amount of solicitor’s costs and the amount allowed for counsel’s fees. Where the case is one of exceptional complexity or difficulty the Judge may certify an amount exceeding the scale figures in columns (2) or (3) of the above table. Nothing in this table or note shall derogate from the provisions of Rule 4 of Order 54 or Article 15(3) of the Criminal Damage (Compensation) (Northern Ireland) Order 1977[^f00009]. The scale of solicitor’s costs in column (2) of the above table is inclusive of any costs (but not expenses) payable under Article 12(2) of the Criminal Damage (Compensation) (Northern Ireland) Order 1977 in respect of making out and verifying the claim to compensation up to the date of the Secretary of State’s determination. Where a solicitor conducts an appeal without counsel he shall, if the Judge so allows, be entitled to an enhancement of his costs in addition to the scale costs in column (2) of the above table; and the amount of any enhancement shall be in the discretion of the Judge, but shall not exceed 50% of the scale fee in column (3) of the above table to which counsel, if conducting the appeal, would have been entitled. |
| 250 | 145 | 56 |
| 500 | 179 | 69 |
| 750 | 225 | 92 |
| 1,000 | 256 | 107 |
| 2,000 | 288 | 121 |
| 3,000 | 322 | 135 |
| 4,000 | 356 | 141 |
| 5,000 | 387 | 152 |
| 6,000 | 423 | 162 |
| 7,000 | 456 | 174 |
| 8,000 | 487 | 182 |
| 9,000 | 523 | 194 |
| 10,000 | 557 | 205 |
| 15,000 | 709 | 259 |
| 20,000 | 879 | 319 |
| 25,000 | 1,032 | 376 |
| 30,000 | 1,201 | 443 |
| 35,000 | 1,354 | 501 |
| 40,000 | 1,519 | 570 |
| 45,000 | 1,675 | 612 |
| 50,000 | 1,829 | 703 |
| 60,000 | 2,074 | 813 |
| 70,000 | 2,316 | 925 |
| 80,000 | 2,551 | 1,041 |
| 90,000 | 2,795 | 1,166 |
| 100,000 | 3,026 | 1,285 |
| 125,000 | 3,182 | 1,369 |
| 150,000 | 3,349 | 1,461 |
| 175,000 | 3,514 | 1,576 |
| 200,000 | 3,672 | 1,649 |
| 250,000 | 3,991 | 1,836 |
| 300,000 | 4,071 | 1,890 |
| 350,000 | 4,150 | 1,937 |
| 400,000 | 4,224 | 1,985 |
| 450,000 | 4,303 | 2,031 |
| 500,000 | 4,381 | 2,086 |
| 600,000 | 4,543 | 2,191 |
| 700,000 | 4,699 | 2,294 |
| 800,000 | 4,860 | 2,398 |
| 900,000 | 5,023 | 2,512 |
| 1,000,000 | 5,177 | 2,621 |
RESPONDENT'S COSTS
1
Where an appeal is dismissed, the Judge may order the appellant to pay the Secretary of State an amount for his solicitor’s costs or counsel’s fees.
2
Where he does so, that amount shall, in default of agreement, be such as the Judge may determine, whether equal to or less than the costs actually incurred or the fees paid by the Secretary of State in resisting the appeal.
Party and party costs in appeals under Article 16 of the Criminal Injuries (Compensation) (Northern Ireland) Order 1988
| Where the amount awarded is greater than the Secretary of State’s determination and does not exceed – | Solicitor’s costs | Counsel’s fee |
|---|---|---|
| (1) | (2) | (3) |
| £ | £ | £ |
| NOTE: Where a case is settled more than 2 days prior to the court hearing, 85% of the appropriate amount in column (3) of the above table is payable as counsel’s fee. Where the Judge considers it was proper for an applicant to instruct senior as well as junior counsel, the senior counsel’s fee will be one and a half times the appropriate figure in column (3) of the above table. Where the amount awarded is in excess of £250,000 the Judge shall, unless the parties otherwise agree, certify the amount of solicitor’s costs and the amount allowed for counsel’s fees. Where the case is one of exceptional complexity or difficulty the Judge may certify an amount exceeding the scale figures in columns (2) or (3) of the above table. Nothing in this table or note shall derogate from the provisions of Rule 4 of Order 54 or Article 16(3) of the Criminal Injuries (Compensation) (Northern Ireland) Order 1988[^f00010]. The scale of solicitor’s costs in column (2) of the above table is inclusive of any costs (but not expenses) payable under Article 13(2) of the Criminal Injuries (Compensation) (Northern Ireland) Order 1988 in respect of making out and verifying the claim to compensation up to the date of the Secretary of State’s determination. Where a solicitor conducts an appeal without counsel he shall, if the Judge so allows, be entitled to an enhancement of his costs in addition to the scale costs in column (2) of the above table; and the amount of any such enhancement so allowed shall be in the discretion of the Judge, but shall not exceed 50% of the scale fee in column (3) of the above table to which counsel, if conducting the appeal, would have been entitled. | NOTE: Where a case is settled more than 2 days prior to the court hearing, 85% of the appropriate amount in column (3) of the above table is payable as counsel’s fee. Where the Judge considers it was proper for an applicant to instruct senior as well as junior counsel, the senior counsel’s fee will be one and a half times the appropriate figure in column (3) of the above table. Where the amount awarded is in excess of £250,000 the Judge shall, unless the parties otherwise agree, certify the amount of solicitor’s costs and the amount allowed for counsel’s fees. Where the case is one of exceptional complexity or difficulty the Judge may certify an amount exceeding the scale figures in columns (2) or (3) of the above table. Nothing in this table or note shall derogate from the provisions of Rule 4 of Order 54 or Article 16(3) of the Criminal Injuries (Compensation) (Northern Ireland) Order 1988[^f00010]. The scale of solicitor’s costs in column (2) of the above table is inclusive of any costs (but not expenses) payable under Article 13(2) of the Criminal Injuries (Compensation) (Northern Ireland) Order 1988 in respect of making out and verifying the claim to compensation up to the date of the Secretary of State’s determination. Where a solicitor conducts an appeal without counsel he shall, if the Judge so allows, be entitled to an enhancement of his costs in addition to the scale costs in column (2) of the above table; and the amount of any such enhancement so allowed shall be in the discretion of the Judge, but shall not exceed 50% of the scale fee in column (3) of the above table to which counsel, if conducting the appeal, would have been entitled. | NOTE: Where a case is settled more than 2 days prior to the court hearing, 85% of the appropriate amount in column (3) of the above table is payable as counsel’s fee. Where the Judge considers it was proper for an applicant to instruct senior as well as junior counsel, the senior counsel’s fee will be one and a half times the appropriate figure in column (3) of the above table. Where the amount awarded is in excess of £250,000 the Judge shall, unless the parties otherwise agree, certify the amount of solicitor’s costs and the amount allowed for counsel’s fees. Where the case is one of exceptional complexity or difficulty the Judge may certify an amount exceeding the scale figures in columns (2) or (3) of the above table. Nothing in this table or note shall derogate from the provisions of Rule 4 of Order 54 or Article 16(3) of the Criminal Injuries (Compensation) (Northern Ireland) Order 1988[^f00010]. The scale of solicitor’s costs in column (2) of the above table is inclusive of any costs (but not expenses) payable under Article 13(2) of the Criminal Injuries (Compensation) (Northern Ireland) Order 1988 in respect of making out and verifying the claim to compensation up to the date of the Secretary of State’s determination. Where a solicitor conducts an appeal without counsel he shall, if the Judge so allows, be entitled to an enhancement of his costs in addition to the scale costs in column (2) of the above table; and the amount of any such enhancement so allowed shall be in the discretion of the Judge, but shall not exceed 50% of the scale fee in column (3) of the above table to which counsel, if conducting the appeal, would have been entitled. |
| 500 | 225 | 92 |
| 750 | 310 | 126 |
| 1,000 | 387 | 148 |
| 2,000 | 423 | 163 |
| 3,000 | 444 | 181 |
| 4,000 | 478 | 198 |
| 5,000 | 500 | 215 |
| 6,000 | 523 | 220 |
| 7,000 | 544 | 227 |
| 8,000 | 565 | 236 |
| 9,000 | 588 | 246 |
| 10,000 | 611 | 256 |
| 15,000 | 701 | 283 |
| 20,000 | 808 | 322 |
| 25,000 | 921 | 349 |
| 30,000 | 1,030 | 378 |
| 35,000 | 1,143 | 422 |
| 40,000 | 1,254 | 466 |
| 45,000 | 1,365 | 509 |
| 50,000 | 1,472 | 557 |
| 60,000 | 1,608 | 606 |
| 70,000 | 1,774 | 686 |
| 80,000 | 1,997 | 784 |
| 90,000 | 2,217 | 886 |
| 100,000 | 2,440 | 989 |
| 125,000 | 2,773 | 1,154 |
| 150,000 | 2,881 | 1,228 |
| 175,000 | 2,995 | 1,293 |
| 200,000 | 3,104 | 1,356 |
| 225,000 | 3,219 | 1,415 |
| 250,000 | 3,328 | 1,473 |
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 fee.
2
Where he does so, that amount shall, in default of agreement, be such as the Judge may determine, whether equal to or less than the costs actually incurred or the fees paid by the Secretary of State in resisting the appeal.
Party and party costs in appeals under section 55(4) of the Northern Ireland (Emergency Provisions) Act 1996 and under paragraph (5) of Schedule 12 to the Terrorism Act 2000
| 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 55(4) of the Northern Ireland (Emergency Provisions) Act 1996[^f00011] or under paragraph 4 of Schedule 12 to the Terrorism Act 2000[^f00012]. Where an appeal under section 55(4) of the Northern Ireland (Emergency Provisions) Act 1996 or under paragraph 5 of Schedule 12 to the Terrorism Act 2000 is in respect of an act authorised by or on behalf of the Secretary of State under section 26(2) of the Northern Ireland (Emergency Provisions) Act 1996 or under section 91 of the Terrorism Act 2000 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 at 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 55(4) of the Northern Ireland (Emergency Provisions) Act 1996[^f00011] or under paragraph 4 of Schedule 12 to the Terrorism Act 2000[^f00012]. Where an appeal under section 55(4) of the Northern Ireland (Emergency Provisions) Act 1996 or under paragraph 5 of Schedule 12 to the Terrorism Act 2000 is in respect of an act authorised by or on behalf of the Secretary of State under section 26(2) of the Northern Ireland (Emergency Provisions) Act 1996 or under section 91 of the Terrorism Act 2000 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 at 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 55(4) of the Northern Ireland (Emergency Provisions) Act 1996[^f00011] or under paragraph 4 of Schedule 12 to the Terrorism Act 2000[^f00012]. Where an appeal under section 55(4) of the Northern Ireland (Emergency Provisions) Act 1996 or under paragraph 5 of Schedule 12 to the Terrorism Act 2000 is in respect of an act authorised by or on behalf of the Secretary of State under section 26(2) of the Northern Ireland (Emergency Provisions) Act 1996 or under section 91 of the Terrorism Act 2000 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 at 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 | 145 | 56 |
| 500 | 179 | 69 |
| 750 | 225 | 92 |
| 1,000 | 256 | 108 |
| 2,000 | 288 | 121 |
| 3,000 | 322 | 135 |
| 4,000 | 356 | 141 |
| 5,000 | 387 | 152 |
| 6,000 | 423 | 162 |
| 7,000 | 456 | 174 |
| 8,000 | 487 | 182 |
| 9,000 | 523 | 194 |
| 10,000 | 557 | 205 |
| 15,000 | 709 | 259 |
| 20,000 | 879 | 319 |
| 25,000 | 1,032 | 376 |
| 30,000 | 1,201 | 443 |
| 35,000 | 1,354 | 501 |
| 40,000 | 1,519 | 570 |
| 45,000 | 1,673 | 612 |
| 50,000 | 1,829 | 703 |
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 and Title suits
1
Subject to the Judge’s discretion, the following rules shall be applicable to the costs of equity and title suits and proceedings under Articles 13 and 14 of the Order.
2
For the determination of costs in equity and title matters there shall be seven scales which correspond in respect of solicitor’s costs and counsel’s fee, to the amounts prescribed in Table 1 of Part I and which shall 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 £5,000 | Scale (i) |
| exceeds £5,000 but not £10,000 | Scale (ii) |
| exceeds £10,000 but not £15,000 | Scale (iii) |
| exceeds £15,000 but not £20,000 | Scale (iv) |
| exceeds £20,000 but not £25,000 | Scale (v) |
| exceeds £25,000 but not £35,000 | Scale (vi) |
| exceeds £35,000 but not £45,000 | Scale (vii) |
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, having regard to the work actually performed, the amounts provided under the relevant scale 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
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.
11
Counsel travelling to attend court–
- (a) 20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £20·00;
- (b) more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £40·00.
12
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.
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
| Instructions and drawing notice of motion or certificate of application for discovery, filing and serving copy | £100·00 |
|---|---|
| Attending before Judge or District Judge on notice or ex parte | £50·00 |
| Drawing up list of documents under Order 15 | £35·18 (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 I, 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 | £22·34 |
|---|---|
| And in addition £2·27 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 | £16·64 |
| Preparation for and attending hearing, instructing counsel (if any) and taking out order | £88·34 |
| Counsel’s fees | £55·07 |
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 | £2·27 |
|---|---|---|
| 2. | For any other necessary affidavit not otherwise provided for, per folio | £0·94 |
| 3. | For preparing recognizance | £2·61 |
| 4. | For drawing, issuing and having served a witness summons | £7·61 |
| 5. | For drawing costs and copies, per page | £5·64 |
| 6. | For attending taxation, per hour | £9·52 |
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.
A. R. Hart — J. J. Curran — H. Keegan — Barry Valentine — Brian F. Walker — James A. Agnew — Brian J. Stewart — Brian Kennedy — P. J. Kelly — Dated 13th June 2002
After consultation with the Lord Chief Justice, I allow these Rules which shall come into operation on 3rd March 2003.
Irvine of Lairg, C. — Dated 30th December 2002
Explanatory note
(This note is not part of the Rules.)
These Rules amend the County Court Rules (Northern Ireland) 1981 to make a number of changes to the scale costs for solicitor and counsel prescribed in Appendix 2 including:
- a reduction in the number of bands of costs for proceedings commenced by ordinary civil bill and an increase in the amount of costs payable;
- an increase in costs payable in respect of travelling and for drafting a reply to notice for further particulars;
- to otherwise increase costs by 4.3%;
- the introduction of discretionary costs for drafting a notice for particulars;
- combining in one Part the costs for title and equity suits reducing the number of bands of costs;
- provision for enhancing costs by one third in certain complex cases; and
- other minor or consequential changes.
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. 1995 No. 151, S.R. 1995 No. 282 and S.R. 1999 No. 464
[^f00003]: S.I. 1976/1042 (N.I. 5)
[^f00004]: S.I. 1997/869 (N.I. 6)
[^f00005]: S.I. 1998/3162 (N.I. 21)
[^f00006]: 1995 c. 50
[^f00007]: 1998 c. 47
[^f00011]: 1996 c. 22
[^f00012]: 2000 c. 11
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