Article 13.
1.—(1) The sums allowed to counsel in connection with proceedings in the House of Lords, the Court of Appeal or the High Court, shall be[F1 ninety‐five per cent], or such larger percentage as may be prescribed, of the amount allowed on taxation of the costs.N.I.
(2) The sums allowed to counsel in connection with proceedings in the county court shall—
(a)where the costs are taxed, be the full amount allowed on taxation of the costs;
(b)where the costs are not taxed, be such amounts as the[F2 Lord Chancellor], after consultation with the County Court Rules Committee, may by order determine.
(3) The sums allowed to counsel in connection with proceedings in courts of summary jurisdiction shall be such amounts as the[F2 Lord Chancellor], after consultation with the Magistrates' Courts Rules Committee, may by order determine.
(4) The sums allowed to counsel in any other case shall be such as may be determined in the prescribed manner.
2.—(1) The sums allowed to a solicitor in connection with proceedings in the House of Lords, the Court of Appeal or the High Court shall be the full amount allowed on taxation of the costs on account of disbursements and[F3 ninety‐five per cent], or such larger percentage as may be prescribed, of the amount so allowed on account of profit costs.N.I.
(2) The sums allowed to a solicitor in connection with proceedings in the county court shall—
(a)where the costs are taxed, be the full amount allowed on taxation of the costs;
(b)where the costs are not taxed, be such amounts as the[F4 Lord Chancellor], after consultation with the County Court Rules Committee, may by order determine.
(3) The sums allowed to solicitors in connection with proceedings in courts of summary jurisdiction shall be such amounts as the[F4 Lord Chancellor], after consultation with the Magistrates' Courts Rules Committee, may by order determine.
(4) The sums allowed to a solicitor in any other case shall be such as may be determined in the prescribed manner.
3. For the purpose of sub-paragraphs (1) and (2)( a) of paragraph 1, counsel's fees shall be taxed as if they had been paid by the solicitor, but shall not by reason thereof be treated as disbursements for the purposes of paragraph 2.N.I.
4. Subject to paragraph 3,[F5 and to any statutory provision to the contrary, costs shall be taxed for the purposes of this Schedule on the standard basis within the meaning of the Rules of the Supreme Court (Northern Ireland) 1980], but no question shall be raised as to the propriety of any act for which prior approval was obtained as required by regulations.N.I.
F5SR 1988/70
5. Regulations may provide that for the purposes of this Schedule, instead of costs being taxed in the ordinary way, the amount of the costs shall be fixed (whether by an officer of the court or not) by an assessment made without taxation but with a view to allowing as nearly as may be the same amount as on a taxation.N.I.
6. The[F6 Lord Chancellor] in exercising any power under this Schedule to make an order as to the amounts of the sums allowed to counsel or a solicitor, and in making any regulations relating to such amounts for the purposes of the Schedule, and any person by whom any such amount is determined under any such order or regulations in any particular case, shall have regardF7 to the principle of allowing fair remuneration according to the work reasonably undertaken and properly done.N.I.
F6SI 1982/159
F7prosp. subst. by 2003 NI 10
7. Orders under this Schedule shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 [1946 c.36] shall apply accordingly.