PART IVCOUNTY COURTS
General Provisions as to Procedure in the County Court
Certain rules in Part III to apply31
Rules 13, 14 and 18 shall apply to proceedings in a county court as they apply to proceedings in the High Court with such modifications as may be necessary.
Notice to person affected by mortgage proceedings32
1
Where a mortgagee applies for leave to exercise any of the rights or remedies mentioned in subsection (2) of section 2, he shall include in his application a statement showing—
a
the name of any person, not being a respondent to the summons, who would, to the knowledge of the applicant, be affected by the exercise of the right or remedy,
b
what the interest of that person is in the mortgaged property, and
c
if known to the applicant, whether that person is for the time being performing a period of relevant service,
and the registrar may direct that such person, or any other person who the registrar may think would be affected by the granting of the application, be given notice of the application.
2
On the filing of an application which includes a statement under paragraph (1) of this Rule, the registrar may, after entering the application in the books of the court but before fixing a day for the hearing of the application, fix a day for the consideration by him of the question what persons (if any) are to be given notice of the application.
3
Any person to whom notice is given and any other person claiming to be affected may apply on notice under Order XIII, Rule 1, for a declaratory order in respect of the exercise of the right or remedy.
Costs33
1
No solicitor's charges shall be allowed as between party and party in connection with an application under Rule 21 or with an application under Rule 23 made at the time of judgment.
2
Where costs are awarded in an application under Rule 22, 23, 24, 27 or 28, the costs shall be fixed and allowed without taxation, and if in any such application the party to whom costs have been awarded has employed a solicitor, the following provisions shall apply:—
a
Where the application is made under Rule 22, 23, 24 or 27, the amount to be fixed for the solicitor's charges shall be regulated by the scale on which the costs of the action were awarded, according to the following Table:—
Scale of Costs of the Action | Amount of Fixed Charges |
|---|---|
s. d. | |
Scale 1 | 5 0 |
Scale 2 | 7 6 |
Scale 3 | 12 6 |
b
Where the application is made under Rule 28, the amount to be fixed for the solicitor's charges shall be regulated by the sum sought to be distrained for at the date of the filing of the application according to the following Table:—
Sum sought to be distrained for | Amount of Fixed Charges |
|---|---|
s. d. | |
Exceeding £2 and not exceeding £10 | 5 0 |
Exceeding £10 and not exceeding £20 | 7 6 |
Exceeding £20 | 12 6 |
c
The amount so fixed for solicitor's charges shall include all work done by the solicitor in connection with the preparation, service and hearing of the application.
3
Where costs are awarded in an originating application under Rule 29, the costs shall be fixed and allowed without taxation, and the amount to be fixed for solicitor's charges shall be such amount as the registrar thinks reasonable.
Meaning of references to County Court Rules34
In this Part of these Rules words have the same meaning as in the County Court Rules, 1936, and an Order and Rule referred to by number mean the Order and Rule so numbered in those Rules.