The County Court (Amendment No. 3) Rules 1991

Costs

7.  Order 38 shall be amended as follows.

(1) Rule 3(1) shall be amended by substituting, for the words “four scales of costs, namely a lower scale and three higher scales as set out in Appendix A”, the words “three scales of costs, namely a lower scale, scale 1 as set out in Appendix A and scale 2”.

(2) For rule 3(3), there shall be substituted the following—

“(3) In relation to a sum of money only, the scales shall apply as follows:—

Sum of money	Scale applicable
Exceeding £25 but not exceeding £100	lower scale
Exceeding £100 but not exceeding £3000	scale 1
Exceeding £3000	scale 2.”.

(3) After paragraph (3), there shall be inserted the following new paragraphs—

“(3A) The amount of costs to be assessed under the lower scale pursuant to rule 19 shall be determined in accordance with Appendix C and the amount of costs to be allowed on any taxation under scale 1 shall be determined in accordance with Appendix A.

(3B) The amount of costs to be allowed on any taxation of costs under scale 2 shall be in the discretion of the taxing officer and, in exercising his discretion, the taxing officer shall have regard to all the relevant circumstances, and in particular to the circumstances referred to in paragraph 1(2) of Part I of Appendix 2 to RSC Order 62.

(3C) Where costs are to be allowed on scale 2—

(a) the bill of costs shall consist of such of the items specified in Part II of Appendix 2 to RSC Order 62 as may be appropriate, set out, except for item 4, in chronological order; and each such item (other than an item relating only to time spent in travelling or waiting) may include an allowance for general care and conduct having regard to such of the circumstances referred to in paragraph 1(2) of Part I of Appendix 2 to RSC Order 62 as may be relevant to that item;

(b) rules 5, 9, 12 to 16, 17(3) and 19 of this Order shall not apply on any taxation under that scale;

(c) rule 21(4) of this Order shall apply as if the words after “party and party” in paragraph (4)(c) were omitted.

(3D) Where costs are awarded on scale 2 to any person, the court may order that, instead of his taxed costs, that person shall be entitiled to a gross sum (specified in the order) in lieu of those costs; but where the court so orders and the person entitled to the gross sum is a litigant in person, rule 17 shall apply as if for paragraph (3) there were substituted the following—

“(3) The costs of a litigant in person shall be assessed in accordance with rule 3(3D) unless the court otherwise orders.”.”.

(4) Rule 4(4) shall be amended by substituting, for the words “the documents referred to in section 40(7) of the Act”, the words “the relevant documents (within the meaning of Order 16, rule 6(1))(1)”.

(5) The table in rule 14(1) shall be amended by substituting, for the words “on scale 3”, wherever they occur, the words “on scale 1”.

(6) Rule 19(1) and (3) shall be amended by substituting,—

(a) for the words “on one of the higher scales” in both places where they occur, the words “on scale 1”; and

(b) for the words “the scale applicable to the proceedings” in both places where they occur, the words “the scale applicable to or the amount recovered in the proceedings”.

(1)

New definition inserted (with effect from 1/7/1991) in Order 16 by the County Court (Amendment No. 2) Rules 1991 (S.I. 1991/1126).