1988 No. 897 (L. 11)
The County Court (Amendment No. 2) Rules 1988
Made
Coming into force
Citation and interpretation1
1
These Rules may be cited as the County Court (Amendment No. 2) Rules 1988.
2
In these Rules, unless the context otherwise requires, an Order referred to by number means the Order so numbered in the County Court Rules 19811 and Appendix A, B or C means Appendix A, B or C to those Rules.
Costs
2
Order 38, rule 13(2) shall be amended by substituting, for the figures “£15.00” and “£21.50”, the figures “£16.00” and “£22.50” respectively.
3
Order 38, rule 14(1) shall be amended by substituting, for the figures “£21.50”, “£43.00” and “£85.00” wherever they appear in the Table, the figures “£22.50”, “£45.50” and “£89.50” respectively.
4
Appendix A shall be amended by substituting, for the entries in the last 3 columns corresponding to the numbered items, the following:—
Item No.
Scale 1
Scale 2
Scale 3
£
£
£
100—500
500—3,000
3,000+
1.
FOR ALL SCALES
6 — 25
2.
FOR ALL SCALES
6 — 24
3.
FOR ALL SCALES
4.35 per page (or proportionately)
2.95 per page (or proportionately)
4. (a)
FOR ALL SCALES
0.52 per page
0.88 per page
1.20 per page
(b)
FOR ALL SCALES
0.18 per page
0.34 per page
5.
FOR ALL SCALES
10 — 66
6.
such sum as is fair and reasonable not exceeding 367
such sum as is fair and reasonable not exceeding 940
Discretionary
7.
6.00
6.00
10.40
8.
FOR ALL SCALES
10.50
9.
not exceeding
not exceeding
not exceeding
(a)
27
75
93
(b)
6 — 13
6 — 20
6 — 26
10.
FOR ALL SCALES
3 — 10
11.
not exceeding
not exceeding
not exceeding
(a)
46
111
161
(b)
6 — 15
6 — 55
6 — 80
12. (a)
26.50 — 94
32.50 — 218
Discretionary
(b)
13 — 48.50
16.50 — 109.50
Discretionary
(c)
10 — 39
12 — 54
14 — 75
(d)
FOR ALL SCALES
19
(e) On conference in chambers or elsewhere: for each half hour or part thereof
6
10
14
and for leading counsel
7
17
26.50
(f)
6 — 10.50
10.50 — 27.50
12 — 39
(g)
4 — 11.50
11.50 — 32.50
13 — 66.50
13. (a)
7.25 — 19.25
7.25 — 54
7.25 — 69
(b)
7.25
7.25 — 19.50
7.25 — 28
5
Appendix A shall be further amended by inserting after item 12(g) the following new item—
12(h) For advising in writing on liability, quantum and evidence
7 — 19
19 — 54
22 — 110
6
Appendix B, Part I, paragraph 4 shall be amended by substituting, for the Tables of Fixed Costs, the following Tables:
TABLES OF FIXED COSTS
TABLE 1Where claim exceeds £25 but does not exceed £250
Amount of charges
£
(a) Where service is not by solicitor
20.00
(b) Where service is by solicitor
22.00
TABLE IIWhere claim exceeds £250 but does not exceed £600
Amount of charges
£
(a) Where service is not by solicitor
26.00
(b) Where service is by solicitor
31.00
TABLE IIIWhere claim exceeds £600 but does not exceed £2,000
Amount of charges
£
(a) Where service is not by solicitor
44.00
(b) Where service is by solicitor
49.00
TABLE IVWhere claim exceeds £2,000
Amount of charges
£
(a) Where service is not by solicitor
48.00
(b) Where service is by solicitor
53.00
7
Appendix B, Part II shall be amended by substituting, for the Table, the following Table:
FIXED COSTS ON JUDGEMENTS
Column 2
Sum of Money
A
B
C
Exceeding £25 but not exceeding £600
Exceeding £600 but not exceeding £3000
Exceeding £3000
Column 1
£
£
£
(a) Where judgment is entered in a default action in default of defence…
7.00
13.00
14.75
(b) Where judgment is entered on the defendant’s admission and the plaintiff’s acceptance of his proposal as to mode of payment…
12.00
26.00
30.00
(c) Where judgment is entered on an admission delivered by the defendant and the court’s decision is given as to the date of payment or instalments by which payment is to be made…
16.50
33.00
39.00
(d) Where judgment is given in a fixed date action for:— (i) delivery of goods, or (ii) possession of land suspended on payment of arrears of rent, whether claimed or not, in addition to current rent and the defendant has neither delivered a defence, admission or counter-claim nor otherwise denied liability…
24.00
36.50
45.50
Exceeding £500 but not exceeding £3,000
Exceeding £3,000
(e) Where summary judgment is given under Order 9, rule 14
57.00
65.00
8
Appendix B, Part III shall be amended by substituting, for paragraphs (a) and (b) of item 7 and for the amounts to be allowed corresponding to the numbered items, the following:—
Amount to be allowed | |
|---|---|
1. | 8.00 |
2. | 8.00 |
3. | 1.30 |
4. | 5.00 |
5. | 16.00 |
6. | 5.25 |
7. (a) where the money is recovered is less than £57 | one half of the amount recovered |
(b) where the money recovered is not less than £57 | 29.50 |
8. | 29.50 |
9. | 5.00 |
9
Appendix C, paragraph 2 shall be amended by substituting, for the Table, the following:—
Column 1
Column 2
Scale
Amount of Charges
Lower Scale
37.00 — 57.00
Scale 1
41.00 — 104.00
Scale 2
64.00 — 389.00
Scale 3
93.00 — 469.00
We, the undersigned members of the Rule Committee appointed by the Lord Chancellor under section 75 of the County Courts Act 19842, having by virtue of the powers vested in us in this behalf made the foregoing Rules, do hereby certify the same under our hands and submit them to the Lord Chancellor accordingly.
I allow these Rules, which shall come into force on 13th June 1988.
(This note is not part of the Rules)