The County Court Rules 1981

APPENDIX A HIGHER SCALES OF COSTS

Item No.		Scale 1	Scale 2	Scale 3
		£	£	£
		100-500	500-3,000	3,000+
	PART I
	PREPARATION OF DOCUMENTS
	The following items shall not apply to any action or matter to which Part II applies
1.	Institution of Proceedings: Preparing, issuing, filing and service of particulars of claim or originating application, petition, or request for entry of appeal to a county court, or particulars of counterclaim, or third-party notice; preparing preliminary act or pleading in Admiralty action. Note 1 Except where item 14 or Note 2 below applies, no profit charges for service of any process are to be allowed. Note2 Where a solicitor properly makes use of a process server, the process server's charges are to be shown as a disbursement.	FOR ALL SCALES 4-20
2.	Interlocutory proceedings:Preparing, issuing, filing and service of any documents in connection with interlocutory proceedings, including any application or notice of application or notice of interlocutory appeal. Note1 This item applies to an arbitration, inquiry or reference. Note2 Interpleader proceedings are to be treated as an application to which this item refers.	FOR ALL SCALES 4-18
3.	Other Documents:Preparing (including where necessary filing, serving or delivering to all parties) any document not otherwise provided for, including—
	(a) any document to obtain an order for substituted service;
	(b) pleadings (other than pleadings instituting proceedings), defence or counterclaim thereto, particulars of pleadings, requests for such particulars, interrogatories, affidavits and lists of documents, notice to produce, admit or inspect documents, and amendments to any documents;
	(c) any other affidavit;
	(d) any brief to counsel or case to counsel to advise in writing or in conference;
	(e) any instructions to counsel to settle any document except where an allowance for the preparation of that document is recoverable under item 1, 2 or 3—
FOR ALL SCALES
	for first five A4 pages	3·25 per page (or proportionately)
	for each A4 page thereafter	2·25 per page (or proportionately)
	Note1 Items 1, 2, and 3 include engrossing and one copy for service and are only to be allowed where the document is signed by the solicitor or his clerk duly authorised in that behalf. Any additional copies required are to be charged under item 4. Item 3(d) and (e) include copy for counsel where counsel's fee is allowed. Preparation of proofs of evidence is to be charged under item 6 and not this item. Note2 Item 3 is not to be allowed for preparing a request for summons etc. or a notice of acceptance or non-acceptance of an admission and proposal as to time of payment.
4.	Copy documents:
	(a) Typed top copy—	FOR ALL SCALES
	A5 (quarto)	0·45 per page
	A4 (foolscap)	0·75 per page
	A3 (brief)	1·05 per page
	(b) Photographic, printed and carbon copies—
	A5 and A4	0·15 per page
	A3	0·30 per page
	Note1 Where the construction of documents is in issue, the costs of copies supplied for the use of the judge are to be allowed. Note2 Copy documents required to be exhibited to an affidavit are to be charged under item 4 and the collating time is to be charged under item 6, note 2(a)(ix).
	PART II
5.	BLOCK ALLOWANCE
	In any action for damages for personal injuries, or for the cost of repairs to collision-damaged vehicles, and in any other action or matter as the party entitled to receive the costs may elect, a block allowance shall be made in place of the items prescribed in Part I unless, in any such case, the taxing officer otherwise directs.
	Note1 No profit charges for service of any process are to be allowed except (a) where item 14 applies or (b) where a solicitor properly makes use of a process server, in which case the process server's charges are to be shown as a disbursement. Note2 In an action (other than one relating to personal injuries or collision-damage) where a party has elected to insert a block allowance, no application may be made on taxation for an allowance in excess of the permitted maximum. Note3 If an action for damages for personal injuries or for collision-damage is of such unusual weight that the block allowance would be wholly inappropriate, an application should be made to the taxing officer for leave to deliver an extended bill. This application may generally be made ex parte, and before the bill is drawn, by letter setting out the grounds, although the taxing officer may require the applicant to attend him before giving his decision. The lodging of a bill in extended form will in itself be accepted as an application for leave but there is no right of election in personal injuries and collision-damage cases and, should leave be refused, no extra costs will be allowed on taxation for drawing the rejected bill. Leave will normally be granted only where it is clearly shown that there are unusual circumstances which would make the use of the block allowance wholly inappropriate or unfair. Note4 In cases other than for personal injuries or collision-damage the lodging of a bill which includes a block allowance will generally be taken as a sufficient election. Since the taxing officer may of his own motion refuse to accept the election, with or without affording the elector the right to be heard, a preliminary application may, if so desired, be made to him ex parte by letter in any case of real doubt or difficulty.	FOR ALL SCALES 8-50
	PART III
6.	PREPARATION FOR TRIAL Instructions for trial or hearing of action or matter, whatever the mode of trial or hearing, or for the hearing of any appeal. Note1 This item applies to an arbitration, inquiry or reference, but may only be allowed once in the same proceedings. Note2 This item is intended to cover— (a) the doing of any work not otherwise provided for and which was properly done in preparing for a trial, hearing or appeal, or before a settlement of the matters in dispute, including— (i) The Client:taking instruction to sue, defend, counterclaim, appeal or oppose etc; attending upon and corresponding with client; (ii) Witnesses:interviewing and corresponding with witnesses and potential witnesses, taking and preparing proofs of evidence and, where appropriate, arranging attendance at court, including issue of witness summons; (iii) Expert evidence:obtaining and considering reports or advice from experts and plans, photographs and models; where appropriate arranging their attendance at court, including issue of witness summons; (iv) Inspections:inspecting any property or place material to the proceedings; (v) Searches and inquiries:making searches in the Public Record Office and elsewhere for relevant documents; searches in the Companies Registration Office and similar matters; (vi) Special damages:obtaining details of special damages and making or obtaining any relevant calculations; (vii) Other parties:attending upon and corresponding with other parties or their solicitors; (viii) Discovery:perusing, considering or collating documents for affidavit or list of documents; attending to inspect or produce for inspection any documents required to be produced or inspected by order of the court or otherwise; (ix) Documents:consideration of pleadings, affidavits, cases and instructions to and advice from counsel, any law involved and any other relevant documents, including collating; (x) Negotiations:work done in connection with negotiations with a view to settlement; (xi) Agency:correspondence with and attendance upon or other work done by London or other agents; (xii) Notices:preparation and service of miscellaneous notices, including notices to witnesses to attend court; (b) the general care and conduct of the proceedings. The sums sought under each sub-paragraph (i) to (xii) of paragraph (a) should be shown separately against each item followed by the total of all items under paragraph (a); the sum charged under paragraph (b) should be shown separately; and the total of the items under (a) and (b) should then follow. Note3 This item should be prefaced by a brief narrative indicating the issues, the status of the fee earners concerned and the expense rates claimed. The narrative should be followed by a statement in two parts— (i) setting out the breakdown of the work done in relation to the relevant sub-paragraph of note 2(a); and (ii) a statement in relation to care and conduct under note 2(b) referring to the relevant factors relied upon; the sum claimed for care and conduct should be expressed as a separate monetary amount as well as a percentage of the work figure. Note4 Telephone calls will be allowed as a time charge if, but only if, they stand in the place of an attendance whereby material progress has been made and the time has been recorded or can otherwise be established. A notional conversion into a time charge of letters and routine telephone calls will not be accepted. Note5 Where an action is settled before delivery of the brief, the costs of all work reasonably and properly (but not prematurely) done are allowable, and the taxing officer, having regard to the circumstances of each case, must decide whether the work was reasonable and proper and that the time for doing it had arrived. Note to Parts III, IV and VI Where in the opinion of the taxing officer, it would have been reasonable to employ a solicitor carrying on business nearer to any relevant place, he shall not allow under Parts III, IV and VI more than he would have allowed to such a solicitor.	such sum as is fair and reasonable not exceeding 275	such sum as is fair and reasonable not exceeding 700	Discretionary
	PART IV
	ATTENDANCES
7.	Lodging:To lodge papers, when proceedings transferred to county court, including preparation of all necessary documents.	5	5	8
8.	Counsel:Attending counsel in conference including attending to appoint the conference, for each half hour or part thereof	FOR ALL SCALES 8
9.	Interlocutory attendances etc:Attending at court, or in chambers, on an interlocutory or any other application to judge or registrar in the course of or relating to the proceedings including time travelling thereto—	not exceeding	not exceeding	not exceeding
	(a) without counsel	20	55	70
	(b) with counsel	4-10	4-15	4-20
	Note1 This item applies to further consideration pursuant to Order 23, rule 3. Note2 This item applies to an arbitration, inquiry or reference. Note3 Interpleader proceedings are to be treated as an application to which this item refers.
10.	Examination:On examination of witness under Order 25, rule 3, or R.S.C. Order 26, rule 5, as applied by Order 14, rule 11, for each half-hour or part thereof.	FOR ALL SCALES 2-7
	Note.This item is allowable where any responsible representative of the solicitor attends.
11.	Trial or hearing:Attending the trial or hearing, or hearing of an appeal from an interlocutory or final order or judgment, or to hear a deferred judgment, or where trial is adjourned for want of time or on payment of costs of the day, including time travelling thereto, per day or part of a day	not exceeding	not exceeding	not exceeding
	(a) without council	35	80	120
	(b) with counsel	5-11	5-40	5-60
	Note1 An attendance on the examination of a witness under Order 20, rule 13, is to be treated as an attendance to which this item relates. Note2 This item applies to an arbitration, inquiry or reference. If the reference or inquiry was directed at the trial and began on the same day, this item is only to be allowed once in respect of that day. Note toPart IV: Attendances in court or at chambers or on counsel in conference should appear with a note of the time engaged.
	PART V
	COUNSEL'S FEES
12.	(a) With brief on trial or on hearing	20-70	25-160	Discretionary
	(b) Where the trial or hearing is continued after the first day or is adjourned for want of time, or on payment of costs of the day or on examination of witness under Order 20, rule 13, for each day or part of a day	10-35	12-80	Discretionary
	(c) With brief on further consideration pursuant to Order 23, rule 3, or to hear a deferred judgment; with brief on application in the course of or relating to proceedings; with brief on examination of witness under Order 25, rule 3, or R.S.C. Order 26, rule 5, as applied by Order 14, rule 11; with brief on hearing of judgment summons	8-30	10-40	10-55
	(d) Where there is no local Bar in the court town or within 25 miles thereof, if in the opinion of the registrar the maximum fee allowable with the brief is insufficient, a further fee may be allowed, not exceeding for each day on which the trial or hearing takes place	FOR ALL SCALES 15
	Note1 For the purpose of this sub-item there shall be deemed to be a local Bar only in such places as may from time to time be specified in a certificate of the General Council of the Bar published in their Annual Statement. Note2 This sub-item is not allowed in any court within 25 miles of Charing Cross.
	(e) On conference in chambers or elsewhere: for each half-hour or part thereof	5	8	10
	and for leading counsel:	6	12	20
	(f) For settling any document including particulars of claim, defence, interrogatories and answer.	4-8	9-20	10-28
	(g) For advising in writing including advising on liability and quantum	4-8	9-25	10-37
	Note3 Fees to counsel are not to be allowed unless the payment of them is vouched by the signature of counsel or the head of chambers. Note4 This item applies to an arbitration, inquiry or reference, but a fee reflecting preparation for trial is only to be allowed once in the same proceedings. If the reference or inquiry was directed at the trial and the reference or inquiry began on the same day, a fee for attending court or attending in chambers is only to be allowed once in respect of that day.
	PART VI
	TAXATION OF COSTS
13.	(a) Taxation.Preparing bill of costs and copies and attending to lodge; attending taxation; vouching and completing bill; paying taxing fee and lodging certificate or order	6-16	6-40	6-50
	(b) Review:Preparing and delivering objections to decision of taxing officer on taxation, or any answers to objections, including copies for service and lodging, considering opponent's objections or answers, if any; preparing for and attending hearing of review.	6	6-15	6-20
	NoteThis item includes travelling time.
	PART VII
	SERVICE OUT OF THE JURISDICTION
14.	Service of process out of England and Wales, to include drawing, copying, attending to swear and file all affidavits and to obtain order and the fees paid for oaths, such sum as the registrar thinks reasonable.