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SCHEDULE 1The Rules of the Supreme Court (Northern Ireland) 1980

COURT OF APPEAL ETC.

ORDER 62COSTS

POWERS OF TAXING MASTER
Powers of Taxing Master

13.—(1) The Taxing Master shall have power to tax—

(a)the costs of or arising out of any cause or matter in the Supreme Court,

(b)the costs directed by an award made on a reference to arbitration under any statutory provision or pursuant to an arbitration agreement to be paid,

(c)any other costs the taxation of which is directed by an order of the Court, and

(d)any costs which are directed to be taxed or settled by the Taxing Master of the Supreme Court under any statutory provision.

(2) Where by or under any statutory provision or an order of the Court any costs are directed to be taxed or settled only the Taxing Master shall have power to tax or settle those costs.

[E.r. 12]

Supplementary powers of Taxing Master

14.—(1) The Taxing Master may, in the discharge of his functions with respect to the taxation of costs—

(a)take an account of any dealings in money made in connection with the payment of the costs being taxed, if the Court so directs;

(b)require any party represented jointly with any other party in any proceedings before him to be separately represented;

(c)examine any witness in those proceedings;

(d)direct the production of any document which may be relevant in connection with those proceedings;

(e)request any master to transmit to him any books, papers or documents relating to the cause or matter and to certify any proceedings before such master the costs of which may be comprised in the bill of costs under taxation.

(2) Where the taxation of costs relates to a solicitor's bill of costs to his own client in respect of any contentious business, the Taxing Master shall ascertain the credits, if any, to which the client is entitled and for this purpose the solicitor shall, at the time of lodging his bill of costs for taxation, annex thereto or indorse thereon a certificate in the form prescribed by the Taxing Master, signed by him, showing what money has been received by him or his firm from any person and the manner in which such money has been dealt with.

[E.r. 14]

Extension, etc. of time

15.—(1) The Taxing Master may—

(a)extend the period within which a party is required by or under this Order to begin proceedings for taxation or to do anything in or in connection with proceedings before him;

(b)where no period is specified by or under this Order or by the Court for the doing of anything in or in connection with such proceedings, specify the period within which the thing is to be done.

(2) Where an order of the Court specifies a period within which anything is to be done by or before the Taxing Master, then, unless the Court otherwise directs, the Taxing Master may from time to time extend the period so specified on such terms (if any) as he thinks just.

(3) The Taxing Master may extend any such period as is referred to in the foregoing provisions of this rule although the application for extension is not made until after the expiration of that period.

[E.r. 16]

Interim certificates

16.—(1) The Taxing Master may from time to time in the course of the taxation of any costs by him issue an interim certificate for any part of those costs which has been taxed.

(2) If, in the course of the taxation of a solicitor's bill to his own client, it appears to the Taxing Master that in any event the solicitor will be liable in connection with that bill to pay money to the client, he may from time to time issue an interim certificate specifying an amount which in his opinion is payable by the solicitor to his client.

(3) Unless the amount specified in an interim certificate issued under paragraph (2) is paid within 4 days from the date of the certificate the party entitled to payment may take the same proceedings to enforce payment as if payment was to be made pursuant to a final certificate.

[E.r. 17]

Power of Taxing Master where party liable to be paid and to pay costs

17.  Where a party entitled to be paid costs is also liable to pay costs, the Taxing Master may—

(a)tax the costs which that party is liable to pay and set off the amount allowed against the amount he is entitled to be paid and direct payment of any balance, or

(b)delay the issue of a certificate for the costs he is entitled to be paid until he has paid or tendered the amount he is liable to pay.

[E.r. 18]

Taxation of bill of costs comprised in account

18.—(1) Where the Court directs an account to be taken and the account consists in part of a bill of costs, the Court may direct the Taxing Master to tax those costs and the Taxing Master shall tax the costs in accordance with the direction and shall return the bill of costs, after taxation thereof, together with his report thereon to the Court.

(2) The Taxing Master taxing a bill of costs in accordance with a direction under this rule shall have the same powers, and the same fees shall be payable in coIlection with the taxation, as if an order for taxation of the costs hap been made by the Court.

[E.r. 19]

Taxing Master to fix certain fees payable to conveyancing counsel, etc.

19.—(1) Where the Court refers any matter to the conveyancing counsel of the Court or obtains the assistance of any other person under Order 32, rule 15, the fees payable to counsel or that other person in respect of the work done by him in connection with the reference or, as the case may be, in assisting the Court shall be fixed by the Taxing Master.

(2) An appeal from the decison of the Taxing Master under this rule shall lie to the Court, and the decision of the Court thereon shall be final.

[E.r. 20]