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County Court (Amendment) Rules (Northern Ireland) 1996

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Rule 2(5)

SCHEDULEAPPENDIX 2

Part IOrdinary civil bills

Table 1:

Plaintiff’s Costs

In actions where amount decreed—Solicitor’s costs
(1)(2)

(i)does not exceed £500

£156

(ii)exceeds £500 but does not exceed £1,000

£384

(iii)exceeds £1,000 but does not exceed £2,000

£613

(iv)exceeds £2,000 but does not exceed £3,000

£841

(v)exceeds £3,000 but does not exceed £4,000

£1,033

(vi)exceeds £4,000 but does not exceed £5,000

£1,168

(vii)exceeds £5,000 but does not exceed £6,000

£1,302

(viii)exceeds £6,000 but does not exceed £7,000

£1,424

(ix)exceeds £7,000 but does not exceed £8,000

£1,535

(x)exceeds £8,000 but does not exceed £9,000

£1,635

(xi)exceeds £9,000 but does not exceed £10,000

£1,724

(xii)exceeds £10,000 but does not exceed £12,500

£1,870

(xiii)exceeds £12,500 but does not exceed £15,000

£2,055
In actions where amount decreed—Counsel’s fee
(1)(3)
1.

This Table does not apply to actions for defamation.

2.

Counsel travelling to attend a court—

(a)

20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £16·60;

(b)

more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £33·24.

Solicitor travelling to attend a court—

(a)

20 to 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £16·60;

(b)

more than 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £33·24.

Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel.

3.

For each copy civil bill required for service after first add 90p to costs. See Order 55, Rule 13.

4.

Where service of civil bill effected by post under Rule 3(2)(b) of Order 6 the solicitor is entitled to £2·06 inclusive of outlay in lieu of process server’s fee. See Order 55, Rule 17.

5.

For drafting a reply to a notice for further particulars, the solicitor or counsel, as the case may be, is entitled to an additional sum of £19·47. This item is only to be allowed against the other party in actions where the amount claimed exceeds £2,000 and the allowance is recorded in the court minute book.

6.

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

(a)

counsel is entitled to an additional sum equivalent to one third of the scale fee;

(b)

a solicitor in attendance is entitled to an additional sum equivalent to one third of counsel’s scale fee.

7.

Where in any action or application under the Consumer Credit Act 1974 the amount decreed exceeds £15,000, the costs may be increased by such amounts as the Judge thinks proper having regard to the amount involved or the importance or difficulty of the case.

(i) does not exceed £500£48
(ii) exceeds £500 but does not exceed £1,000£100
(iii) exceeds £1,000 but does not exceed £2,000£140
(iv) exceeds £2,000 but does not exceed £3,000£186
(v)exceeds £3,000 but does not exceed £4,000£218
(vi) exceeds £4,000 but does not exceed £5,000£247
(vii) exceeds £5,000 but does not exceed £7,500£344
(viii) exceeds £7,500 but does not exceed £10,000£401
(ix) exceeds £10,000 but does not exceed £12,500£458
(x) exceeds £12,500 but does not exceed £15,000£516

Ordinary civil bills

Table 2:

Defendant’s Costs

In actions where amount claimed—Solicitor’s costs
(1)(2)

(i)does not exceed £500

£148

(ii)exceeds £500 but does not exceed £1,000

£366

(iii)exceeds £1,000 but does not exceed £2,000

£584

(iv)exceeds £2,000 but does not exceed £3,000

£799

(v)exceeds £3,000 but does not exceed £4,000

£982

(vi)exceeds £4,000 but does not exceed £5,000

£1,109

(vii)exceeds £5,000 but does not exceed £6,000

£1,236

(viii)exceeds £6,000 but does not exceed £7,000

£1,353

(ix)exceeds £7,000 but does not exceed £8,000

£1,458

(x)exceeds £8,000 but does not exceed £9,000

£1,553

(xi)exceeds £9,000 but does not exceed £10,000

£1,638

(xii)exceeds £10,000 but does not exceed £12,500

£1,807

(xiii)exceeds £12,500 but does not exceed £15,000

£1,952
In actions where amount claimed—Counsel’s fee
(1)(3)
1.

This Table does not apply to actions for defamation.

2.

See Order 55, Rule 10 for costs of counterclaim.

3.

Counsel travelling to attend a court—

(a)

20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £16·60;

(b)

more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £33·24.

Solicitor travelling to attend a court—

(a)

20 to 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £16·60;

(b)

more than 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £33·24.

Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel.

4.

For drafting a reply to a notice for further particulars, the solicitor or counsel, as the case may be, is entitled to an additional sum of £19·47. This item is only to be allowed against the other party in actions where the amount claimed exceeds £2,000 and the allowance is recorded in the court minute book.

5.

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

(a)

counsel is entitled to an additional sum equivalent to one third of the scale fee;

(b)

a solicitor in attendance is entitled to an additional sum equivalent to one third of counsel’s scale fee.

6.

Where in any action or application under the Consumer Credit Act 1974 the amount claimed exceeds £15,000, the costs may be increased by such amounts as the Judge thinks proper having regard to the amount involved or the importance or difficulty of the case.

(i)does not exceed £500

£48

(ii)exceeds £500 but does not exceed £1,000

£100

(iii)exceeds £1,000 but does not exceed £2,000

£140

(iv)exceeds £2,000 but does not exceed £3,000

£186

(v)exceeds £3,000 but does not exceed £4,000

£218

(vi)exceeds £4,000 but does not exceed £5,000

£247

(vii)exceeds £5,000 but does not exceed £7,500

£344

(viii)exceeds £7,500 but does not exceed £10,000

£401

(ix)exceeds £10,000 but does not exceed £12,500

£458

(x)exceeds £12,500 but does not exceed £15,000

£516

Costs where no notice of intention to defend is served and judgment is marked under Order 12

Table 3:

Plaintiff’s Costs

In actions where amount decreed—Where sum claimed and costs specified in civil bill not paid within 21 days of service
(1)(2)
1.

Where the sum claimed is paid within 21 days of service of civil bill the sum for costs specified in column 2 to be reduced by 50%. See Rule 14(1) of Order 55.

2.

For each copy civil bill required for service after first add 90p to costs. See Order 55, Rule 13.

3.

Where service of civil bill effected by post under Rule 3(2)(b) of Order 6 the solicitor is entitled to £2·06 inclusive of outlay in lieu of process server’s fee. See Order 55, Rule 17.

4.

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.

5.

Where in any undefended action under the Consumer Credit Act 1974 the amount decreed exceeds £15,000, the costs may be increased by such amounts as the district judge thinks proper having regard to the amount involved or the importance or difficulty of the case, provided that the total amount allowed for costs shall not exceed £306.

Solicitor travelling to attend a court—

(a)

20 to 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £16·60;

(b)

more than 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £33·24.

Where a solicitor has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor.

(i)does not exceed £500

£57

(ii)exceeds £500 but does not exceed £1,000

£90

(iii)exceeds £1,000 but does not exceed £2,000

£113

(iv)exceeds £2,000 but does not exceed £3,000

£129

(v)exceeds £3,000 but does not exceed £4,000

£142

(vi)exceeds £4,000 but does not exceed £5,000

£157

(vii)exceeds £5,000 but does not exceed £6,000

£175

(viii)exceeds £6,000 but does not exceed £7,000

£191

(ix)exceeds £7,000 but does not exceed £8,000

£206

(x)exceeds £8,000 but does not exceed £9,000

£219

(xi)exceeds £9,000 but does not exceed £10,000

£231

(xii)exceeds £10,000 but does not exceed £12,500

£251

(xiii)exceeds £12,500 but does not exceed £15,000

£277

Ordinary civil bills — title jurisdiction

Table 4:

Plaintiff’s Costs

ValuationSolicitor’s costsCounsel’s fee
(1)(2)(3)
1.

To be calculated according to the valuation of the lands of the plaintiff or defendant, as the Judge may direct.

2.

Counsel travelling to attend a court—

(a)

20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £16·60;

(b)

more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £33·24.

Solicitor travelling to attend a court—

(a)

20 to 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £16·60;

(b)

more than 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £33·24.

Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel.

3.

For each copy civil bill required for service after first add 90p to costs. See Order 55, Rule 13.

4.

Where service of civil bill effected by post under Rule 3(2)(b) of Order 6 the solicitor is entitled to £2·06 inclusive of outlay in lieu of process server’s fee. See Order 55, Rule 17.

5.

For drafting a reply to a notice for further particulars, the solicitor or counsel, as the case may be, is entitled to an additional sum of £19·47. This item is only to be allowed against the other party in actions where the annual value of the land exceeds £300 and the allowance is recorded in the court minute book.

6.

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

(a)

counsel is entitled to an additional sum equivalent to one third of the scale fee;

(b)

a solicitor in attendance is entitled to an additional sum equivalent to one third of counsel’s scale fee.

(i)not exceeding £500

£256·00£133·00

(ii)exceeding £500

£356·00£200·00

Ordinary civil bills — title jurisdiction

Table 5:

Defendant’s Costs

ValuationSolicitor’s costsCounsel’s fee
(1)(2)(3)
1.

To be calculated according to the valuation of the lands of the plaintiff or defendant, as the Judge may direct.

2.

Counsel travelling to attend a court—

(a)

20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £16·60;

(b)

more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £33·24.

Solicitor travelling to attend a court—

(a)

20 to 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £16·60;

(b)

more than 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £33·24.

Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel.

3.

For drafting a reply to a notice for further particulars, the solicitor or counsel, as the case may be, is entitled to an additional sum of £19·47. This item is only to be allowed against the other party in actions where the annual value of the land exceeds £300 and the allowance is recorded in the court minute book.

4.

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

(a)

counsel is entitled to an additional sum equivalent to one third of the scale fee;

(b)

a solicitor in attendance is entitled to an additional sum equivalent to one third of counsel’s scale fee.

(i)not exceeding £500

£245·00£133·00

(ii)exceeding £500

£345·00£200·00

Libel and slander

Table 6:

Plaintiff’s Costs

In actions where amount decreed—Solicitor’s costsCounsel’s fee
(1)(2)(3)
1.

Counsel travelling to attend a court—

(a)

20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £16·60;

(b)

more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £33·24.

Solicitor travelling to attend a court—

(a)

20 to 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £16·60;

(b)

more than 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £33·24.

Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel.

2.

For each copy civil bill required for service after first add 90p to costs. See Order 55, Rule 13.

3.

Where service of civil bill effected by post under Rule 3(2)(b) of Order 6 the solicitor is entitled to £2·06 inclusive of outlay in lieu of process server’s fee. See Order 55, Rule 17.

4.

For drafting a reply to a notice for further particulars, the solicitor or counsel, as the case may be, is entitled to an additional sum of £19·47.

5.

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

(a)

counsel is entitled to an additional sum equivalent to one third of the scale fee;

(b)

a solicitor in attendance is entitled to an additional sum equivalent to one third of counsel’s scale fee.

(i)does not exceed £500

£389·00£167·00

(ii)exceeds £500 but does not exceed £1,000

£456·00£250·00

(iii)exceeds £1,000 but does not exceed £1,500

£523·00£311·00

(iv)exceeds £1,500 but does not exceed £2,000

£623·00£389·00

(v)exceeds £2,000 but does not exceed £2,500

£705·00£463·00

(vi)exceeds £2,500 but does not exceed £3,000

£793·00£531·00

Libel and slander

Table 7:

Defendant’s Costs

In actions where amount claimed—Solicitor’s costsCounsel’s fee
(1)(2)(3)
1.

Counsel travelling to attend a court—

(a)

20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £16·60;

(b)

more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £33·24.

Solicitor travelling to attend a court—

(a)

20 to 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £16·60;

(b)

more than 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £33·24.

Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel.

2.

For drafting a reply to a notice for further particulars, the solicitor or counsel, as the case may be, is entitled to an additional sum of £19·47.

3.

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

(a)

counsel is entitled to an additional sum equivalent to one third of the scale fee;

(b)

a solicitor in attendance is entitled to an additional sum equivalent to one third of counsel’s scale fee.

(i)does not exceed £500

£378·00£167·00

(ii)exceeds £500 but does not exceed £1,000

£445·00£250·00

(iii)exceeds £1,000 but does not exceed £1,500

£512·00£311·00

(iv)exceeds £1,500 but does not exceed £2,000

£612·00£389·00

(v)exceeds £2,000 but does not exceed £2,500

£694·00£463·00

(vi)exceeds £2,500 but does not exceed £3,000

£782·00£531·00

Part IIRemitted actions

Table 1:

Plaintiff’s Costs

In actions where amount decreed—Solicitor’s costs
(1)(2)

(i)does not exceed £500

£156

(ii)exceeds £500 but does not exceed £1,000

£384

(iii)exceeds £1,000 but does not exceed £2,000

£613

(iv)exceeds £2,000 but does not exceed £3,000

£841

(v)exceeds £3,000 but does not exceed £4,000

£1,034

(vi)exceeds £4,000 but does not exceed £5,000

£1,168

(vii)exceeds £5,000 but does not exceed £6,000

£1,302

(viii)exceeds £6,000 but does not exceed £7,000

£1,424

(ix)exceeds £7,000 but does not exceed £8,000

£1,535

(x)exceeds £8,000 but does not exceed £9,000

£1,635

(xi)exceeds £9,000 but does not exceed £10,000

£1,724

(xii)exceeds £10,000 but does not exceed £12,500

£1,870

(xiii)exceeds £12,500 but does not exceed £15,000

£2,055
In actions where amount decreed—Counsel’s fee
(1)(3)
1.

Where a Chancery action is remitted the Judge shall direct which costs tables shall apply having regard to the subject matter of the suit.

2.

Counsel travelling to attend a court—

(a)

20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £16·60;

(b)

more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £33·24.

Solicitor travelling to attend a court—

(a)

20 to 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £16·60;

(b)

more than 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £33·24.

Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel.

3.

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.

4.

For drafting a reply to a notice for further particulars, the solicitor or counsel, as the case may be, is entitled to an additional sum of £19·47.

5.

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

(a)

counsel is entitled to an additional sum equivalent to one third of the scale fee;

(b)

a solicitor in attendance is entitled to an additional sum equivalent to one third of counsel’s scale fee.

(i)does not exceed £500

£48

(ii)exceeds £500 but does not exceed £1,000

£100

(iii)exceeds £1,000 but does not exceed £2,000

£140

(iv)exceeds £2,000 but does not exceed £3,000

£186

(v)exceeds £3,000 but does not exceed £4,000

£218

(vi)exceeds £4,000 but does not exceed £5,000

£247

(vii)exceeds £5,000 but does not exceed £7,500

£344

(viii)exceeds £7,500 but does not exceed £10,000

£401

(ix)exceeds £10,000 but does not exceed £12,500

£458

(x)exceeds £12,500 but does not exceed £15,000

£516

Table 2:

Defendant’s Costs

1.

Where a Chancery action is remitted the Judge shall direct which costs tables shall apply having regard to the subject matter of the suit.

2.

Where the defendant complies with Order 8, Rule 6, he shall be entitled to claim £17·53.

3.

Counsel travelling to attend a court—

(a)

20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £16·60;

(b)

more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £33·24.

Solicitor travelling to attend a court—

(a)

20 to 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £16·60;

(b)

more than 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £33·24.

Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel.

4.

For drafting a reply to a notice for further particulars, the solicitor or counsel, as the case may be, is entitled to an additional sum of £19·47.

5.

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

(a)

counsel is entitled to an additional sum equivalent to one third of the scale fee;

(b)

a solicitor in attendance is entitled to an additional sum equivalent to one third of counsel’s scale fee.

Solicitor’s costs£2,008·00
Counsel’s fee£516·00
provided, however, that, where no specific sum or a sum exceeding £15,000 is claimed, the Judge, having regard to the importance or difficulty of the case or to the amount involved, may increase the above amount.

Part IIIEjectments

Table 1:

Plaintiff’s Costs

Solicitor’s costsCounsel’s fee
(1)(2)(3)
1.

See Order 55, Rule 14(1). Only 50% payable where defendant delivers up possession within 21 days of service of civil bill.

2.

Counsel travelling to attend a court—

(a)

20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £16·60;

(b)

more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £33·24.

Solicitor travelling to attend a court—

(a)

20 to 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £16·60;

(b)

more than 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £33·24.

Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel.

3.

For each copy civil bill required for service after first add 90p to costs. See Order 55, Rule 13.

4.

Where service of civil bill effected by post under Rule 3(2)(b) of Order 6 the solicitor is entitled to £2·06 inclusive of outlay in lieu of process server’s fee. See Order 55, Rule 17.

5.

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

(a)

counsel is entitled to an additional sum equivalent to one third of the scale fee;

(b)

a solicitor in attendance is entitled to an additional sum equivalent to one third of counsel’s scale fee.

Where the proceedings are for the recovery of possession of premises by a statutory body under statutory powers or which are not otherwise subject to the Rent and Mortgage Interest (Restrictions) Acts (Northern Ireland) 1920 to 1956—£95·00£46·00

In other cases—

where the valuation

(i)

does not exceed £500

£234·00£88·00

(ii)exceeds £500

£334·00£167·00

Table 2:

Defendant’s Costs

Solicitor’s costsCounsel’s fee
(1)(2)(3)
1.

Counsel travelling to attend a court—

(a)

20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £16·60;

(b)

more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £33·24.

Solicitor travelling to attend a court—

(a)

20 to 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £16·60;

(b)

more than 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £33·24.

Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel.

2.

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

(a)

counsel is entitled to an additional sum equivalent to one third of the scale fee;

(b)

a solicitor in attendance is entitled to an additional sum equivalent to one third of counsel’s scale fee.

Where the proceedings are for the recovery of possession of premises by a statutory body under statutory powers or which are not otherwise subject to the Rent and Mortgage Interest (Restrictions) Acts (Northern Ireland) 1920 to 1956—£89·00£46·00

In other cases—

where the valuation

(i)

does not exceed £500

£223·00£88·00

(ii)exceeds £500

£323·00£167·00

Part IVProceedings to annul precept, order or conviction — Order 37

Instructions, drawing notice and copy£14·70
Entry, preparation for and attending hearing£48·57
Drawing order£4.41

Part VRestitution 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 VIGrant and revocation of probate or administration

Table 1:

Plaintiff’s Costs

Where the net estate—Solicitor’s costsCounsel’s fee
(1)(2)(3)
1.

Counsel travelling to attend a court—

(a)

20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £16·60;

(b)

more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £33·24.

Solicitor travelling to attend a court—

(a)

20 to 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £16·60;

(b)

more than 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £33·24.

Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel.

2.

For each copy civil bill required for service after first add 90p to costs. See Order 55, Rule 13.

3.

Where service of civil bill effected by post under Rule 3(2)(b) of Order 6 the solicitor is entitled to £2·06 inclusive of outlay in lieu of process server’s fee. See Order 55, Rule 17.

4.

For drafting a reply to a notice for further particulars, the solicitor or counsel, as the case may be, is entitled to an additional sum of £19·47.

5.

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

(a)

counsel is entitled to an additional sum equivalent to one third of the scale fee;

(b)

a solicitor in attendance is entitled to an additional sum equivalent to one third of counsel’s scale fee.

(i)does not exceed £10,000

£267·00£200·00

(ii)exceeds £10,000 but does not exceed £20,000

£367·00£250·00

(iii)exceeds £20,000 but does not exceed £30,000

£490·00£278·00

(iv)exceeds £30,000 but does not exceed £40,000

£604·00£305·00

(v)exceeds £40,000 but does not exceed £45,000

£711·00£329·00

Grant and revocation of probate or administration

Table 2:

Defendant’s Costs

Where the net estate—Solicitor’s costsCounsel’s fee
(1)(2)(3)
1.

Counsel travelling to attend a court—

(a)

20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £16·60;

(b)

more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £33·24.

Solicitor travelling to attend a court—

(a)

20 to 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £16·60;

(b)

more than 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £33·24.

Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel.

2.

For drafting a reply to a notice for further particulars, the solicitor or counsel, as the case may be, is entitled to an additional sum of £19·47.

3.

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

(a)

counsel is entitled to an additional sum equivalent to one third of the scale fee;

(b)

a solicitor in attendance is entitled to an additional sum equivalent to one third of counsel’s scale fee.

(i)does not exceed £10,000

£256·00£200·00

(ii)exceeds £10,000 but does not exceed £20,000

£356·00£250·00

(iii)exceeds £20,000 but does not exceed £30,000

£478·00£278·00

(iv)exceeds £30,000 but does not exceed £40,000

£593·00£305·00

(v)exceeds £40,000 but does not exceed £45,000

£700·00£329·00

Part VIIAppliction under Criminal Injuries to Persons (Compensation) Act (Northern Ireland) 1968

Table 1:

Applicant’s Costs

Where amount awarded—Solicitor’s costsCounsel’s fee
(1)(2)(3)
1.

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.

2.

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.

3.

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.

4.

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.

5.

Where the amount awarded exceeds £10,000, the Judge shall, unless the parties otherwise agree, certify the amount for solicitor’s costs and the amount allowed for counsel’s fees.

(i)does not exceed £30

£18·00£6·00

(ii)exceeds £30 but does not exceed £75

£33·00£18·00

(iii)exceeds £75 but does not exceed £150

£58·00£22·00

(iv)exceeds £150 but does not exceed £300

£90·00£29·00

(v)exceeds £300 but does not exceed £500

£100·00£32·00

(vi)exceeds £500 but does not exceed £1,000

£119·00£34·00

(vii)exceeds £1,000 but does not exceed £2,000

£132·00£48·00

(viii)exceeds £2,000 but does not exceed £3,500

£151·00£58·00

(ix)exceeds £3,500 but does not exceed £5,000

£165·00£68·00

(x)exceeds £5,000 but does not exceed £5,500

£174·00£70·00

(xi)exceeds £5,500 but does not exceed £6,000

£182·00£75·00

(xii)exceeds £6,000 but does not exceed £6,500

£192·00£77·00

(xiii)exceeds £6,500 but does not exceed £7,000

£199·00£83·00

(xiv)exceeds £7,000 but does not exceed £7,500

£207·00£87·00

(xv)exceeds £7,500 but does not exceed £8,000

£216·00£90·00

(xvi)exceeds £8,000 but does not exceed £8,500

£226·00£93·00

(xvii)exceeds £8,500 but does not exceed £9,000

£233·00£100·00

(xviii)exceeds £9,000 but does not exceed £9,500

£240·00£103·00

(xix)exceeds £9,500 but does not exceed £10,000

£247·00£106·00

Table 2: Respondent’s Costs

Where an application for compensation is dismissed the amount recoverable by the respondent for solicitor’s costs or counsel’s fees shall, in default of agreement, be such amount, if any, as the Judge may settle.

Party and party costs in appeals under Article 15 of the Criminal Damage (Compensation) (Northern Ireland) Order 1977 in relation to claims for compensation under that Order

Table 3:

A. Appellant’s Costs

Where the amount awarded is greater than the Secretary of State’s determination and does not exceed—Solicitor’s costsCounsel’s fee
(1)(2)(3)
£££

NOTE:

1.

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.

2.

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.

3.

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.

4.

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.

5.

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.

6.

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(1).

7.

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.

8.
(a)

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

(b)

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.

25012648
50015560
75019580
1,00022393
2,000251105
3,000280117
4,000310123
5,000337132
6,000368141
7,000397151
8,000424158
9,000455169
10,000485178
15,000617225
20,000765277
25,000899327
30,0001,046385
35,0001,180436
40,0001,324496
45,0001,459533
50,0001,594613
60,0001,807708
70,0002,018805
80,0002,223907
90,0002,4351,015
100,0002,6371,120
125,0002,7731,193
150,0002,9181,273
175,0003,0631,374
200,0003,2001,437
250,0003,4781,600
300,0003,5481,647
350,0003,6161,688
400,0003,6811,730
450,0003,7501,770
500,0003,8181,818
600,0003,9591,909
700,0004,0951,999
800,0004,2352,090
900,0004,3772,189
1,000,0004,5122,284

B. Respondent’s Costs

1.  Where an appeal is dismissed, the Judge may order the appellant to pay the Secretary of State an amount for his solicitor’s costs or counsel’s fees.

2.  Where he does so, that amount shall, in default of agreement, be such as the Judge may determine, whether equal to or less than the costs actually incurred or the fees paid by the Secretary of State in resisting the appeal.

Party and party costs in appeals under Article 16 of the Criminal Injuries (Compensation) (Northern Ireland) Order 1988

Table 4:

A. Appellant’s Costs

Where the amount awarded is greater than the Secretary of State’s determination and does not exceed—Solicitor’s costsCounsel’s fee
(1)(2)(3)
£££

NOTE:

1.

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.

2.

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.

3.

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.

4.

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.

5.

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(2).

6.

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.

7.
(a)

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

(b)

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.

50019580
750270109
1,000337128
2,000368142
3,000386157
4,000416172
5,000435187
6,000455191
7,000474197
8,000492205
9,000512214
10,000532223
15,000611246
20,000704280
25,000803304
30,000897329
35,000995367
40,0001,093405
45,0001,189444
50,0001,283485
60,0001,401528
70,0001,545597
80,0001,740683
90,0001,932772
100,0002,126862
125,0002,4161,005
150,0002,5111,070
175,0002,6101,126
200,0002,7051,182
225,0002,8051,233
250,0002,9001,284

B. Respondent’s Costs

1.  Where an appeal is dismissed, the Judge may order the appellant to pay to the Secretary of State an amount for his solicitor’s costs or counsel’s fees.

2.  Where he does so, that amount shall, in default of agreement, be such as the Judge may determine, whether equal to or less than the costs actually incurred or the fees paid by the Secretary of State in resisting the appeal.

Party and party costs in appeals under section 28(5) of the Northern Ireland (Emergency Provisions) Act 1978 and under section 63(4) of theNorthern Ireland (Emergency Provisions) Act 1991

Table 5:

A. Appellant’s Costs

Where the amount awarded is greater than the Secretary of State’s decision and does not exceed—Solicitor’s costsCounsel’s fee
(1)(2)(3)
£££

NOTES:

1.

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.

2.

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.

3.

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.

4.

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.

5.

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.

6.

Nothing in this table or note shall derogate from the provisions of Rule 4 of Order 54.

7.

The scale of solicitor’s costs in column (2) above is inclusive of any costs (but not expenses) payable by the Secretary of State in respect of making out and verifying the claim to compensation up to the date of service of notice of the Secretary of State’s decision under section 28(5) of the Northern Ireland (Emergency Provisions) Act 1978(3) or under section 63(4) of the Northern Ireland (Emergency Provisions) Act 1991(4).

8.

Where an appeal under section 28(5) of the Northern Ireland (Emergency Provisions) Act 1978 or under section 63(4) of the Northern Ireland (Emergency Provisions) Act 1991 is in respect of an act authorised by or on behalf of the Secretary of State under section 19(2) of the Northern Ireland (Emergency Provisions) Act 1978 or under section 24(2) of the Northern Ireland (Emergency Provisions) Act 1991 and the Judge considers that the scale of costs in this Schedule is inappropriate, the amount of solicitor’s costs or of counsel’s fees shall be in the discretion of the Judge and, unless the parties otherwise agree, he shall certify the amount he allows for such costs and fees.

9.
(a)

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

(b)

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.

25012648
50015560
75019580
1,00022394
2,000251105
3,000280117
4,000310123
5,000337132
6,000368141
7,000397151
8,000424158
9,000455169
10,000485178
15,000617225
20,000765277
25,000899327
30,0001,046385
35,0001,180436
40,0001,324496
45,0001,458533
50,0001,594613

B. Respondent’s Costs

1.  Where an appeal is dismissed, the Judge may order the appellant to pay to the Secretary of State an amount for his solicitor’s costs or counsel’s fees.

2.  Where he does so, that amount shall, in default of agreement, be such as the Judge may determine, whether equal to or less than the costs actually incurred or the fees paid by the Secretary of State in resisting the appeal.

Part VIIIEquity suits and proceedings

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

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

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

and the costs in the Schedule hereto shall apply accordingly.

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

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

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

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

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

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

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

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

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

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

13.  Counsel travelling to attend a court—

(a)20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £16·60;

(b)more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £33·24.

Solicitor travelling to attend a court—

(a)20 to 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £16·60;

(b)more than 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £33·24.

Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel.

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

(a)counsel is entitled to an additional sum equivalent to one third of the scale fee;

(b)a solicitor in attendance is entitled to an additional sum equivalent to one third of counsel’s fee.

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