| |
S.I. No. 206 of 1962.
|
| |
DISTRICT COURT (COSTS) RULES, 1962
|
| |
The District Court Rules Committee, in exercise of the powers conferred on them by
section 91
of the
Courts of Justice Act, 1924
,
section 72
of the
Courts of Justice Act, 1936
, and
section 48
of the
Courts (Supplemental Provisions) Act, 1961
, and with the concurrence of the Minister for Justice, do hereby make the following Rules :—
1. These Rules may be cited as the District Court (Costs) Rules, 1962.
2. These Rules shall come into operation on the 1st day of January, 1963, and shall be read together with the District Court Rules, 1948 (
S.I. No. 431 of 1947
), the District Court Rules, 1955 (
S.I. No. 83 of 1955
) and the District Court Rules (No. 2), 1955 (
S.I. No. 84 of 1955
).
3. Rule No. 8 of the District Court Rules (No. 2), 1955 and the District Court Rules, 1956, are hereby revoked.
4. The Schedule of Costs annexed to these Rules shall be substituted for the Schedule of Costs annexed to the District Court Rules, 1948.
|
| |
GIVEN this 10th day of December, 1962.
|
| |
Cathal Ó Floinn, Chairman
|
| |
John Farrell
|
| |
Michael J. C. Keane
|
| |
Henry Barron
|
| |
Edward H. Byrne
|
| |
I concur in the making of the foregoing Rules.
|
| |
Dated this 10th day of December, 1962.
|
| |
Charles J. Haughey
|
| |
Minister for Justice
|
| |
SCHEDULE OF COSTS
|
| |
SOLICITORS' COSTS IN CONTRACT AND BREACH OF CONTRACT CASES
|
| |
In proceedings where the amount due at the date of issue of civil process, and in case of dismiss the amount sued for, does not exceed £2
|
| | |
|
Settled before entry
|
Costs of decree if case not defended
|
Costs of decree if case defended
|
|
Costs of dismiss
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
£
|
s.
|
d.
|
|
1. Instructions to recover amount and including correspondence, attendance, filling in and signing civil process and copy for service
|
0
|
5
|
0
|
0
|
5
|
0
|
0
|
5
|
0
|
Instructions for defence including correspondence and filling and signing notice of defence and copy for service
|
0
|
3
|
0
|
|
2. Stamp on original civil process
|
0
|
5
|
0
|
0
|
5
|
0
|
0
|
5
|
0
|
——
|
—
|
|
3. Service fee
|
0
|
4
|
0
|
0
|
4
|
0
|
0
|
4
|
0
|
——
|
—
|
|
4. Instructions for hearing and preparing proofs
|
—
|
0
|
2
|
0
|
0
|
2
|
6
|
Instructions for hearing and preparing proofs
|
0
|
3
|
6
|
|
5. Attending and conducting case at hearing
|
—
|
0
|
4
|
0
|
0
|
6
|
6
|
Attending and conducting defence at hearing
|
0
|
7
|
6
|
|
6. Drawing and signing decree
|
—
|
0
|
1
|
6
|
0
|
1
|
6
|
Drawing and signing dismiss
|
0
|
1
|
6
|
|
7. Stamp on decree
|
—
|
0
|
5
|
0
|
0
|
5
|
0
|
Stamp on dismiss
|
0
|
5
|
0
|
|
Total
|
£0
|
14
|
0
|
£1
|
6
|
6
|
£1
|
9
|
6
|
|
£1
|
0
|
6
|
|
| |
SOLICITORS' COSTS IN CONTRACT AND BREACH OF CONTRACT CASES
|
| |
In proceedings where the amount due at the date of issue of civil process, and in case of a dismiss the amount sued for, exceeds £2 and does not exceed £5
|
| | |
|
Settled before entry
|
Costs of decree if case not defended
|
Costs of decree if case defended
|
|
Costs of dismiss
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
£
|
s.
|
d.
|
|
1. Instructions to recover amount and including correspondence, attendance, filling in and signing civil process and copy for service
|
0
|
7
|
6
|
0
|
7
|
6
|
0
|
7
|
6
|
Instructions for defence including correspondence and filling and signing notice of defence and copy for service
|
0
|
5
|
0
|
|
2. Stamp on original civil process
|
0
|
5
|
0
|
0
|
5
|
0
|
0
|
5
|
0
|
——
|
—
|
|
3. Service fee
|
0
|
4
|
0
|
0
|
4
|
0
|
0
|
4
|
0
|
——
|
—
|
|
4. Instructions for hearing and preparing proofs
|
—
|
0
|
6
|
0
|
0
|
6
|
0
|
Instructions for hearing and preparing proofs
|
0
|
6
|
0
|
|
5. Attending to lodge original civil process for entry and additional copy to keep
|
—
|
0
|
1
|
6
|
0
|
1
|
6
|
Attending to lodge notice of defence for entry and additional copy to keep
|
0
|
1
|
6
|
|
6. Attending and conducting case at hearing
|
—
|
0
|
10
|
0
|
0
|
15
|
0
|
Attending and conducting defence at hearing
|
0
|
15
|
0
|
|
7. Drawing and signing decree
|
—
|
0
|
2
|
6
|
0
|
2
|
6
|
Drawing and signing dismiss
|
0
|
2
|
6
|
|
8. Stamp on decree
|
—
|
0
|
5
|
0
|
0
|
5
|
0
|
Stamp on dismiss
|
0
|
5
|
0
|
|
Total
|
£0
|
16
|
6
|
£2
|
1
|
6
|
£2
|
6
|
6
|
|
£1
|
15
|
0
|
|
| |
SOLICITORS' COSTS IN CONTRACT AND BREACH OF CONTRACT CASES
|
| |
In proceedings where the amount due at the date of issue of civil process, and in case of a dismiss the amount sued for, exceeds £5 and does not exceed £10
|
| | |
|
Settled before entry
|
Costs of decree if case not defended
|
Costs of decree if case defended
|
|
Costs of dismiss
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
£
|
s.
|
d.
|
|
1. Instructions to recover amount and including correspondence, attendance, filling in and signing civil process and copy for service
|
0
|
12
|
6
|
0
|
12
|
6
|
0
|
12
|
6
|
Instructions for defence including correspondence and filling and signing notice of defence and copy for service
|
0
|
10
|
0
|
|
2. Stamp on original civil process
|
0
|
5
|
0
|
0
|
5
|
0
|
0
|
5
|
0
|
——
|
—
|
|
3. Service fee
|
0
|
4
|
0
|
0
|
4
|
0
|
0
|
4
|
0
|
——
|
—
|
|
4. Instructions for hearing and preparing proofs
|
—
|
0
|
10
|
0
|
0
|
10
|
0
|
Instructions for hearing and preparing proofs
|
0
|
10
|
0
|
|
5. Attending to lodge original civil process for entry and additional copy to keep
|
—
|
0
|
2
|
6
|
0
|
2
|
6
|
Attending to lodge notice of defence for entry and additional copy to keep
|
0
|
2
|
6
|
|
6. Attending and conducting case at hearing
|
—
|
0
|
12
|
6
|
1
|
0
|
0
|
Attending and conducting defence at hearing
|
1
|
0
|
0
|
|
7. Drawing and signing decree
|
—
|
0
|
2
|
6
|
0
|
2
|
6
|
Drawing and signing dismiss
|
0
|
2
|
6
|
|
8. Stamp on decree
|
—
|
0
|
5
|
0
|
0
|
5
|
0
|
Stamp on dismiss
|
0
|
5
|
0
|
|
Total
|
£1
|
1
|
6
|
£2
|
14
|
0
|
£3
|
1
|
6
|
|
£2
|
10
|
0
|
|
| |
SOLICITORS' COSTS IN CONTRACT AND BREACH OF CONTRACT CASES
|
| |
In proceedings where the amount due at the date of issue of civil process, and in case of a dismiss the amount sued for, exceeds £10 and does not exceed £25
|
| | |
|
Settled before entry
|
Costs of decree if case not defended
|
Costs of decree if case defended
|
|
Costs of dismiss
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
£
|
s.
|
d.
|
|
1. Instructions to recover amount and including correspondence, attendance, filling in and signing civil process and copy for service
|
1
|
0
|
0
|
1
|
0
|
0
|
1
|
0
|
0
|
Instructions for defence including correspondence and filling and signing notice of defence and copy for service
|
0
|
15
|
0
|
|
2. Stamp on original civil process
|
0
|
5
|
0
|
0
|
5
|
0
|
0
|
5
|
0
|
——
|
—
|
|
3. Service fee
|
0
|
4
|
0
|
0
|
4
|
0
|
0
|
4
|
0
|
——
|
—
|
|
4. Instructions for hearing and preparing proofs
|
—
|
0
|
17
|
6
|
0
|
17
|
6
|
Instructions for hearing and preparing proofs
|
0
|
17
|
6
|
|
5. Attending to lodge original civil process for entry and additional copy to keep
|
—
|
0
|
2
|
6
|
0
|
2
|
6
|
Attending to lodge notice of defence for entry and additional copy to keep
|
0
|
2
|
6
|
|
6. Attending and conducting case at hearing
|
—
|
0
|
12
|
6
|
1
|
2
|
6
|
Attending and conducting defence at hearing
|
1
|
2
|
6
|
|
7. Drawing and signing decree
|
—
|
0
|
2
|
6
|
0
|
2
|
6
|
Drawing and signing dismiss
|
0
|
2
|
6
|
|
8. Stamp on decree
|
—
|
0
|
5
|
0
|
0
|
5
|
0
|
Stamp on dismiss
|
0
|
5
|
0
|
|
Total
|
£1
|
9
|
0
|
£3
|
9
|
0
|
£3
|
19
|
0
|
|
£3
|
5
|
0
|
|
| |
SOLICITORS' COSTS IN CONTRACT AND BREACH OF CONTRACT CASES
|
| |
In proceedings where the amount due at the date of issue of civil process, and in case of a dismiss the amount sued for, exceeds £25 and does not exceed £50
|
| | |
|
Settled before entry
|
Costs of decree if case not defended
|
Costs of decree if case defended
|
|
Costs of dismiss
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
£
|
s.
|
d.
|
|
1. Instructions to recover amount and including correspondence, attendance, filling in and signing civil process and copy for service
|
1
|
10
|
0
|
1
|
10
|
0
|
1
|
10
|
0
|
Instructions for defence including correspondence and filling and signing notice of defence and copy for service
|
1
|
0
|
0
|
|
2. Stamp on original civil process
|
0
|
5
|
0
|
0
|
5
|
0
|
0
|
5
|
0
|
——
|
—
|
|
3. Service fee
|
0
|
4
|
0
|
0
|
4
|
0
|
0
|
4
|
0
|
——
|
—
|
|
4. Instructions for hearing and preparing proofs
|
—
|
1
|
5
|
0
|
2
|
10
|
0
|
Instructions for hearing and preparing proofs
|
2
|
10
|
0
|
|
5. Attending to lodge original civil process for entry and additional copy to keep
|
—
|
0
|
5
|
0
|
0
|
5
|
0
|
Attending to lodge notice of defence for entry and additional copy to keep
|
0
|
5
|
0
|
|
6. Attending and conducting case at hearing
|
—
|
1
|
0
|
0
|
1
|
15
|
0
|
Attending and conducting defence at hearing
|
1
|
15
|
0
|
|
7. Drawing and signing decree
|
—
|
0
|
5
|
0
|
0
|
5
|
0
|
Drawing and signing dismiss
|
0
|
5
|
0
|
|
8. Stamp on decree
|
—
|
0
|
5
|
0
|
0
|
5
|
0
|
Stamp on dismiss
|
0
|
5
|
0
|
|
Total
|
£1
|
19
|
0
|
£4
|
19
|
0
|
£6
|
19
|
0
|
|
£6
|
0
|
0
|
|
| |
SOLICITORS' COSTS IN CONTRACT AND BREACH OF CONTRACT CASES
|
| |
In hire-purchase and credit-sale proceedings (under the Hire-Purchase Acts, 1946 and 1960) where the amount due at the date of the issue of civil process, and in case of a dismiss the amount sued for, exceeds £50 and does not exceed £75
|
| | |
|
Settled before entry
|
Costs of decree if case not defended
|
Costs of decree if case defended
|
|
Costs of dismiss
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
£
|
s.
|
d.
|
|
1. Instructions to recover amount and including correspondence, attendance, filling in and signing civil process and copy for service
|
2
|
5
|
0
|
2
|
5
|
0
|
2
|
5
|
0
|
Instructions for defence including correspondence and filling and signing notice of defence and copy for service
|
2
|
0
|
0
|
|
2. Stamp on original civil process
|
0
|
5
|
0
|
0
|
5
|
0
|
0
|
5
|
0
|
——
|
—
|
|
3. Service fee
|
0
|
4
|
0
|
0
|
4
|
0
|
0
|
4
|
0
|
——
|
—
|
|
4. Instructions for hearing and preparing proofs
|
—
|
1
|
5
|
0
|
2
|
10
|
0
|
Instructions for hearing and preparing proofs
|
2
|
10
|
0
|
|
5. Attending to lodge original civil process for entry and additional copy to keep
|
—
|
0
|
7
|
6
|
0
|
7
|
6
|
Attending to lodge notice of defence for entry and additional copy to keep
|
0
|
7
|
6
|
|
6. Attending and conducting case at hearing
|
—
|
1
|
5
|
0
|
2
|
0
|
0
|
Attending and conducting defence at hearing
|
2
|
0
|
0
|
|
7. Drawing and signing decree
|
—
|
0
|
7
|
0
|
0
|
7
|
0
|
Drawing and signing dismiss
|
0
|
7
|
0
|
|
8. Stamp on decree
|
—
|
0
|
5
|
0
|
0
|
5
|
0
|
Stamp on dismiss
|
0
|
5
|
0
|
|
Total
|
£2
|
14
|
0
|
£6
|
3
|
6
|
£8
|
3
|
6
|
|
£7
|
9
|
6
|
|
| |
SOLICITORS' COSTS IN CONTRACT AND BREACH OF CONTRACT CASES
|
| |
In hire-purchase and credit-sale proceedings (under the Hire-Purchase Acts, 1946 and 1960) where the amount due at the date of the issue of civil process, and in case of a dismiss the amount sued for, exceeds £75 and does not exceed £100
|
| | |
|
Settled before entry
|
Costs of decree if case not defended
|
Costs of decree if case defended
|
|
Costs of dismiss
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
£
|
s.
|
d.
|
|
1. Instructions to recover amount and including correspondence, attendance, filling in and signing civil process and copy for service
|
2
|
7
|
6
|
2
|
7
|
6
|
2
|
7
|
6
|
Instructions for defence including correspondence and filling and signing notice of defence and copy for service
|
2
|
2
|
|
|
2. Stamp on original civil process
|
0
|
5
|
0
|
0
|
5
|
0
|
0
|
5
|
0
|
——
|
—
|
|
3. Service fee
|
0
|
4
|
0
|
0
|
4
|
0
|
0
|
4
|
0
|
——
|
—
|
|
4. Instructions for hearing and preparing proofs
|
—
|
1
|
10
|
0
|
3
|
0
|
0
|
Instructions for hearing and preparing proofs
|
3
|
0
|
0
|
|
5. Attending to lodge original civil process for entry and additional copy to keep
|
—
|
0
|
7
|
6
|
0
|
7
|
6
|
Attending to lodge notice of defence for entry and additional copy to keep
|
0
|
7
|
6
|
|
6. Attending and conducting case at hearing
|
—
|
1
|
5
|
0
|
2
|
0
|
0
|
Attending and conducting defence at hearing
|
2
|
0
|
0
|
|
7. Drawing and signing decree
|
—
|
0
|
8
|
0
|
0
|
8
|
0
|
Drawing and signing dismiss
|
0
|
8
|
0
|
|
8. Stamp on decree
|
—
|
0
|
5
|
0
|
0
|
5
|
0
|
Stamp on dismiss
|
0
|
5
|
0
|
|
Total
|
£2
|
16
|
6
|
£6
|
12
|
0
|
£8
|
17
|
0
|
|
£8
|
3
|
0
|
|
| |
SOLICITORS' COSTS IN TORT CASES
|
| |
In proceedings where the sum awarded, and in case of a dismiss the claim, does not exceed £2
|
| | |
|
Settled before entry
|
Costs of decree if case not defended
|
Costs of decree if case defended
|
|
Costs of dismiss
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
£
|
s.
|
d.
|
|
1. Instructions to recover amount and including correspondence, attendance, filling in and signing civil process and copy for service
|
0
|
5
|
0
|
0
|
5
|
0
|
0
|
5
|
0
|
Instructions for defence including correspondence and filling and signing notice of defence and copy for service
|
0
|
3
|
0
|
|
2. Stamp on original civil process
|
0
|
5
|
0
|
0
|
5
|
0
|
0
|
5
|
0
|
——
|
—
|
|
3. Service fee
|
0
|
4
|
0
|
0
|
4
|
0
|
0
|
4
|
0
|
——
|
—
|
|
4. Instructions for hearing and preparing proofs
|
—
|
0
|
5
|
0
|
0
|
5
|
0
|
Instructions for hearing and preparing proofs
|
0
|
5
|
0
|
|
5. Attending to lodge original civil process for entry and additional copy to keep
|
—
|
0
|
2
|
0
|
0
|
2
|
0
|
Attending to lodge notice of defence for entry and additional copy to keep
|
0
|
2
|
0
|
|
6. Attending and conducting case at hearing
|
—
|
0
|
5
|
0
|
0
|
10
|
0
|
Attending and conducting defence at hearing
|
0
|
10
|
0
|
|
7. Drawing and signing decree
|
—
|
0
|
2
|
6
|
0
|
2
|
6
|
Drawing and signing dismiss
|
0
|
2
|
6
|
|
8. Stamp on decree
|
—
|
0
|
5
|
0
|
0
|
5
|
0
|
Stamp on dismiss
|
0
|
5
|
0
|
|
Total
|
£0
|
14
|
0
|
£1
|
13
|
6
|
£1
|
18
|
6
|
|
£1
|
7
|
6
|
|
| |
SOLICITORS' COSTS IN TORT CASES
|
| |
In proceedings where the sum awarded, and in case of a dismiss the claim, exceeds £2 and does not exceed £10
|
| | |
|
Settled before entry
|
Costs of decree if case not defended
|
Costs of decree if case defended
|
|
Costs of dismiss
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
£
|
s.
|
d.
|
|
1. Instructions to recover amount and including correspondence, attendance, filling in and signing civil process and copy for service
|
0
|
17
|
6
|
0
|
17
|
6
|
0
|
17
|
6
|
Instructions for defence including correspondence and filling and signing notice of defence and copy for service
|
0
|
12
|
6
|
|
2. Stamp on original civil process
|
0
|
5
|
0
|
0
|
5
|
0
|
0
|
5
|
0
|
——
|
—
|
|
3. Service fee
|
0
|
4
|
0
|
0
|
4
|
0
|
0
|
4
|
0
|
——
|
—
|
|
4. Instructions for hearing and preparing proofs
|
—
|
0
|
12
|
6
|
0
|
12
|
6
|
Instructions for hearing and preparing proofs
|
0
|
12
|
6
|
|
5. Attending to lodge original civil process for entry and additional copy to keep
|
—
|
0
|
2
|
6
|
0
|
2
|
6
|
Attending to lodge notice of defence for entry and additional copy to keep
|
0
|
2
|
6
|
|
6. Attending and conducting case at hearing
|
—
|
0
|
10
|
0
|
0
|
17
|
6
|
Attending and conducting defence at hearing
|
0
|
17
|
6
|
|
7. Drawing and signing decree
|
—
|
0
|
2
|
6
|
0
|
2
|
6
|
Drawing and signing dismiss
|
0
|
2
|
6
|
|
8. Stamp on decree
|
—
|
0
|
5
|
0
|
0
|
5
|
0
|
Stamp on dismiss
|
0
|
5
|
0
|
|
Total
|
£1
|
6
|
6
|
£2
|
19
|
0
|
£3
|
6
|
6
|
|
£2
|
12
|
6
|
|
| |
SOLICITORS' COSTS IN TORT CASES
|
| |
In proceedings where the sum awarded, and in case of a dismiss the claim, exceeds £10 and does not exceed £25
|
| | |
|
Settled before entry
|
Costs of decree if case not defended
|
Costs of decree if case defended
|
|
Costs of dismiss
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
£
|
s.
|
d.
|
|
1. Instructions to recover amount and including correspondence, attendance, filling in and signing civil process and copy for service
|
1
|
5
|
0
|
1
|
10
|
0
|
1
|
10
|
0
|
Instructions for defence including correspondence and filling and signing notice of defence and copy for service
|
1
|
5
|
0
|
|
2. Stamp on original civil process
|
0
|
5
|
0
|
0
|
5
|
0
|
0
|
5
|
0
|
——
|
—
|
|
3. Service fee
|
0
|
4
|
0
|
0
|
4
|
0
|
0
|
4
|
0
|
——
|
—
|
|
4. Instructions for hearing and preparing proofs
|
—
|
1
|
0
|
0
|
2
|
10
|
0
|
Instructions for hearing and preparing proofs
|
2
|
10
|
0
|
|
5. Attending to lodge original civil process for entry and additional copy to keep
|
—
|
0
|
5
|
0
|
0
|
5
|
0
|
Attending to lodge notice of defence for entry and additional copy to keep
|
0
|
5
|
0
|
|
6. Attending and conducting case at hearing
|
—
|
0
|
15
|
0
|
0
|
15
|
0
|
Attending and conducting defence at hearing
|
1
|
15
|
0
|
|
7. Drawing and signing decree
|
—
|
0
|
5
|
0
|
0
|
5
|
0
|
Drawing and signing dismiss
|
0
|
5
|
0
|
|
8. Stamp on decree
|
—
|
0
|
5
|
0
|
0
|
5
|
0
|
Stamp on dismiss
|
0
|
5
|
0
|
|
Total
|
£1
|
14
|
0
|
£4
|
9
|
0
|
£6
|
19
|
0
|
|
£6
|
5
|
0
|
|
| |
SOLICITORS' COSTS IN TORT CASES
|
| |
In proceedings where the sum awarded, and in case of a dismiss the claim, exceeds £25 and does not exceed £50
|
| | |
|
Settled before entry
|
Costs of decree if case not defended
|
Costs of decree if case defended
|
|
Costs of dismiss
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
£
|
s.
|
d.
|
|
1. Instructions to recover amount and including correspondence, attendance, filling in and signing civil process and copy for service
|
1
|
15
|
0
|
2
|
0
|
0
|
2
|
0
|
0
|
Instructions for defence including correspondence and filling and signing notice of defence and copy for service
|
1
|
15
|
0
|
|
2. Stamp on original civil process
|
0
|
5
|
0
|
0
|
5
|
0
|
0
|
5
|
0
|
——
|
—
|
|
3. Service fee
|
0
|
4
|
0
|
0
|
4
|
0
|
0
|
4
|
0
|
——
|
—
|
|
4. Instructions for hearing and preparing proofs
|
—
|
1
|
10
|
0
|
2
|
15
|
0
|
Instructions for hearing and preparing proofs
|
2
|
15
|
0
|
|
5. Attending to lodge original civil process for entry and additional copy to keep
|
—
|
0
|
7
|
6
|
0
|
7
|
6
|
Attending to lodge notice of defence for entry and additional copy to keep
|
0
|
7
|
6
|
|
6. Attending and conducting case at hearing
|
—
|
1
|
0
|
0
|
2
|
15
|
0
|
Attending and conducting defence at hearing
|
2
|
15
|
0
|
|
7. Drawing and signing decree
|
—
|
0
|
7
|
6
|
0
|
7
|
6
|
Drawing and signing dismiss
|
0
|
7
|
6
|
|
8. Stamp on decree
|
—
|
0
|
5
|
0
|
0
|
5
|
0
|
Stamp on dismiss
|
0
|
5
|
0
|
|
Total
|
£2
|
4
|
0
|
£5
|
19
|
0
|
£8
|
19
|
0
|
|
£8
|
5
|
0
|
|
| |
SOLICITORS' COSTS IN ORDINARY DEFAULT CASES
|
| |
In proceedings where amount due at date of issue of process, and in case of a dismiss the amount sued for, does not exceed £2
|
| | |
|
Settled before entry
|
Costs of decree if case not defended
|
Costs of decree if case defended
|
|
Costs of dismiss
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
£
|
s.
|
d.
|
|
1. Instructions for proceeding and including correspondence, filling and signing civil process and notice and copy for service
|
0
|
5
|
0
|
0
|
5
|
0
|
0
|
5
|
0
|
Instructions for defence including correspondence, notice of defence and copy for service
|
0
|
3
|
0
|
|
2. Drawing affidavit to ground civil process
|
0
|
1
|
0
|
0
|
1
|
0
|
0
|
1
|
0
|
——
|
—
|
|
3. Commissioner's fee if affidavit sworn before a Commissioner for Oaths
|
0
|
3
|
0
|
0
|
3
|
0
|
0
|
3
|
0
|
——
|
—
|
|
4. Stamp on original civil process
|
0
|
5
|
0
|
0
|
5
|
0
|
0
|
5
|
0
|
——
|
—
|
|
5. Service fee
|
0
|
5
|
0
|
0
|
5
|
0
|
0
|
5
|
0
|
——
|
—
|
|
6. Instructions for hearing and preparing proofs
|
—
|
—
|
0
|
5
|
0
|
Instructions for hearing and preparing proofs for defence
|
0
|
5
|
0
|
|
7. Attending and conducting case at hearing
|
—
|
0
|
4
|
0
|
0
|
5
|
6
|
Attending and conducting defence at hearing
|
0
|
5
|
6
|
|
8. Drawing and signing decree
|
—
|
0
|
1
|
6
|
0
|
1
|
6
|
Drawing and signing dismiss
|
0
|
1
|
6
|
|
9. Stamp on decree
|
—
|
0
|
5
|
0
|
0
|
5
|
0
|
Stamp on dismiss
|
0
|
5
|
0
|
|
Total
|
£0
|
19
|
0
|
£1
|
9
|
6
|
£1
|
16
|
0
|
|
£1
|
0
|
0
|
|
| |
For each document referred to as an exhibit in the affidavit there shall be allowed the additional sum of 1/6d.
|
| |
SOLICITORS' COSTS IN ORDINARY DEFAULT CASES
|
| |
In proceedings where amount due at date of issue of process, and in case of a dismiss the amount sued for, exceeds £2 and does not exceed £5
|
| | |
|
Settled before entry
|
Costs of decree if case not defended
|
Costs of decree if case defended
|
|
Costs of dismiss
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
£
|
s.
|
d.
|
|
1. Instructions for proceeding and including correspondence, filling and signing civil process and notice and copy for service
|
0
|
10
|
0
|
0
|
10
|
0
|
0
|
10
|
0
|
Instructions for defence including correspondence, notice of defence and copy for service
|
0
|
7
|
6
|
|
2. Drawing affidavit to ground civil process
|
0
|
6
|
6
|
0
|
6
|
6
|
0
|
6
|
6
|
——
|
—
|
|
3. Commissioner's fee if affidavit sworn before a Commissioner for Oaths
|
0
|
3
|
0
|
0
|
3
|
0
|
0
|
3
|
0
|
—
|
—
|
|
4. Stamp on original civil process
|
0
|
5
|
0
|
0
|
5
|
0
|
0
|
5
|
0
|
—
|
—
|
|
5. Service fee
|
0
|
5
|
0
|
0
|
5
|
0
|
0
|
5
|
0
|
——
|
—
|
|
6. Instructions for hearing and preparing proofs
|
—
|
—
|
0
|
5
|
0
|
Instructions for hearing and preparing proofs for defence
|
0
|
5
|
0
|
|
7. Attending and conducting case at hearing
|
—
|
0
|
7
|
6
|
0
|
12
|
6
|
Attending and conducting defence at hearing
|
0
|
12
|
6
|
|
8. Drawing and signing decree
|
—
|
0
|
2
|
6
|
0
|
2
|
6
|
Drawing and signing dismiss
|
0
|
2
|
6
|
|
9. Stamp on decree
|
—
|
0
|
5
|
0
|
0
|
5
|
0
|
Stamp on dismiss
|
0
|
5
|
0
|
|
Total
|
£1
|
9
|
6
|
£2
|
4
|
6
|
£2
|
14
|
6
|
|
£1
|
12
|
6
|
|
| |
For each document referred to as an exhibit in the affidavit there shall be allowed the additional sum of 1/6d.
|
| |
SOLICITORS' COSTS IN ORDINARY DEFAULT CASES
|
| |
In proceedings where amount due at date of issue of process, and in case of a dismiss the amount sued for, exceeds £5 and does not exceed £10
|
| | |
|
Settled before entry
|
Costs of decree if case not defended
|
Costs of decree if case defended
|
|
Costs of dismiss
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
£
|
s.
|
d.
|
|
1. Instructions for proceeding and including correspondence, filling and signing civil process and notice and copy for service
|
0
|
12
|
6
|
0
|
12
|
6
|
0
|
12
|
6
|
Instructions for defence including correspondence, notice of defence and copy for service
|
0
|
10
|
0
|
|
2. Drawing affidavit to ground civil process
|
0
|
7
|
6
|
0
|
7
|
6
|
0
|
7
|
6
|
——
|
—
|
|
3. Commissioner's fee if affidavit sworn before a Commissioner for Oaths
|
0
|
3
|
0
|
0
|
3
|
0
|
0
|
3
|
0
|
——
|
—
|
|
4. Stamp on original civil process
|
0
|
5
|
0
|
0
|
5
|
0
|
0
|
5
|
0
|
——
|
—
|
|
5. Service fee
|
0
|
5
|
0
|
0
|
5
|
0
|
0
|
5
|
0
|
——
|
—
|
|
6. Instructions for hearing and preparing proofs
|
—
|
—
|
0
|
10
|
0
|
Instructions for hearing and preparing proofs for defence
|
0
|
10
|
0
|
|
7. Attending and conducting case at hearing
|
—
|
0
|
10
|
0
|
1
|
0
|
0
|
Attending and conducting defence at hearing
|
1
|
0
|
0
|
|
8. Drawing and signing decree
|
—
|
0
|
2
|
6
|
0
|
2
|
6
|
Drawing and signing dismiss
|
0
|
2
|
6
|
|
9. Stamp on decree
|
—
|
0
|
5
|
0
|
0
|
5
|
0
|
Stamp on dismiss
|
0
|
5
|
0
|
|
Total
|
£1
|
13
|
0
|
£2
|
10
|
6
|
£3
|
10
|
6
|
|
£2
|
7
|
6
|
|
| |
For each document referred to as an exhibit in the affidavit there shall be allowed the additional sum of 1/6d.
|
| |
SOLICITORS' COSTS IN ORDINARY DEFAULT CASES
|
| |
In proceedings where amount due at date of issue of process, and in case of a dismiss the amount sued for, exceeds £10 and does not exceed £25
|
| | |
|
Settled before entry
|
Costs of decree if case not defended
|
Costs of decree if case defended
|
|
Costs of dismiss
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
£
|
s.
|
d.
|
|
1. Instructions for proceeding and including correspondence, filling and signing civil process and notice and copy for service
|
0
|
17
|
6
|
0
|
17
|
6
|
0
|
17
|
6
|
Instructions for defence, including correspondence, notice of defence and copy for service
|
0
|
15
|
0
|
|
2. Drawing affidavit to ground civil process
|
0
|
10
|
0
|
0
|
10
|
0
|
0
|
10
|
0
|
——
|
—
|
|
3. Commissioner's fee if affidavit sworn before a Commissioner for Oaths
|
0
|
3
|
0
|
0
|
3
|
0
|
0
|
3
|
0
|
——
|
—
|
|
4. Stamp on original civil process
|
0
|
5
|
0
|
0
|
5
|
0
|
0
|
5
|
0
|
——
|
—
|
|
5. Service fee
|
0
|
5
|
0
|
0
|
5
|
0
|
0
|
5
|
0
|
——
|
—
|
|
6. Instructions for hearing and preparing proofs
|
—
|
—
|
0
|
17
|
6
|
Instructions for hearing and preparing proofs for defence
|
0
|
17
|
6
|
|
7. Attending and conducting case at hearing
|
—
|
0
|
15
|
0
|
1
|
5
|
0
|
Attending and conducting defence at hearing
|
1
|
5
|
0
|
|
8. Drawing and signing decree
|
—
|
0
|
2
|
6
|
0
|
2
|
6
|
Drawing and signing dismiss
|
0
|
2
|
6
|
|
9. Stamp on decree
|
—
|
0
|
5
|
0
|
0
|
5
|
0
|
Stamp on dismiss
|
0
|
5
|
0
|
|
Total
|
£2
|
0
|
6
|
£3
|
3
|
0
|
£4
|
10
|
6
|
|
£3
|
5
|
0
|
|
| |
For each document referred to as an exhibit in the affidavit there shall be allowed the additional sum of 1/6d.
|
| |
SOLICITORS' COSTS IN ORDINARY DEFAULT CASES
|
| |
In proceedings where amount due at date of issue of process, and in case of a dismiss the amount sued for, exceeds £25 and does not exceed £50
|
| | |
|
Settled before entry
|
Costs of decree if case not defended
|
Costs of decree if case defended
|
|
Costs of dismiss
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
£
|
s.
|
d.
|
|
1. Instructions for proceeding and including correspondence, filling and signing civil process and notice and copy for service
|
1
|
10
|
0
|
1
|
10
|
0
|
1
|
10
|
0
|
Instructions for defence including correspondence, notice of defence and copy for service
|
1
|
5
|
0
|
|
2. Drawing affidavit to ground civil process
|
0
|
12
|
6
|
0
|
12
|
6
|
0
|
12
|
6
|
——
|
—
|
|
3. Commissioner's fee if affidavit sworn before a Commissioner for Oaths
|
0
|
3
|
0
|
0
|
3
|
0
|
0
|
3
|
0
|
——
|
—
|
|
4. Stamp on original civil process
|
0
|
5
|
0
|
0
|
5
|
0
|
0
|
5
|
0
|
——
|
—
|
|
5. Service fee
|
0
|
5
|
0
|
0
|
5
|
0
|
0
|
5
|
0
|
——
|
—
|
|
6. Instructions for hearing and preparing proofs
|
—
|
—
|
1
|
10
|
0
|
Instructions for hearing and preparing proofs for defence
|
1
|
10
|
0
|
|
7. Attending and conducting case at hearing
|
—
|
1
|
0
|
0
|
1
|
15
|
0
|
Attending and conducting defence at hearing
|
1
|
15
|
0
|
|
8. Drawing and signing decree
|
—
|
0
|
5
|
0
|
0
|
5
|
0
|
Drawing and signing dismiss
|
0
|
5
|
0
|
|
9. Stamp on decree
|
—
|
0
|
5
|
0
|
0
|
5
|
0
|
Stamp on dismiss
|
0
|
5
|
0
|
|
Total
|
£2
|
15
|
6
|
£4
|
5
|
6
|
£6
|
10
|
6
|
|
£5
|
0
|
0
|
|
| |
For each document referred to as an exhibit in the affidavit there shall be allowed the additional sum of 1/6d.
|
| |
SOLICITORS' COSTS IN ORDINARY DEFAULT CASES
|
| |
In hire-purchase and credit-sale proceedings (under the Hire-Purchase Acts, 1946 and 1960) where the amount due at the date of the issue of process, and in case of a dismiss the amount sued for, exceeds £50 and does not exceed £75
|
| | |
|
Settled before entry
|
Costs of decree if case not defended
|
Costs of decree if case defended
|
|
Costs of dismiss
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
£
|
s.
|
d.
|
|
1. Instructions for proceeding and including correspondence, filling and signing civil process and notice and copy for service
|
1
|
15
|
0
|
1
|
15
|
0
|
1
|
15
|
0
|
Instructions for defence including correspondence, notice of defence and copy for service
|
1
|
7
|
6
|
|
2. Drawing affidavit to ground civil process
|
0
|
15
|
0
|
0
|
15
|
0
|
0
|
15
|
0
|
——
|
—
|
|
3. Commissioner's fee if affidavit sworn before a Commissioner for Oaths
|
0
|
3
|
0
|
0
|
3
|
0
|
0
|
3
|
0
|
——
|
—
|
|
4. Stamp on original civil process
|
0
|
5
|
0
|
0
|
5
|
0
|
0
|
5
|
0
|
——
|
—
|
|
5. Service fee
|
0
|
5
|
0
|
0
|
5
|
0
|
0
|
5
|
0
|
——
|
—
|
|
6. Instructions for hearing and preparing proofs
|
—
|
—
|
1
|
15
|
0
|
Instructions for hearing and preparing proofs for defence
|
1
|
15
|
0
|
|
7. Attending and conducting case at hearing
|
—
|
1
|
5
|
0
|
2
|
0
|
0
|
Attending and conducting defence at hearing
|
2
|
0
|
0
|
|
8. Drawing and signing decree
|
—
|
0
|
7
|
0
|
0
|
7
|
0
|
Drawing and signing dismiss
|
0
|
7
|
0
|
|
9. Stamp on decree
|
—
|
0
|
5
|
0
|
0
|
5
|
0
|
Stamp on dismiss
|
0
|
5
|
0
|
|
Total
|
£3
|
3
|
0
|
£5
|
0
|
0
|
£7
|
10
|
0
|
|
£5
|
14
|
6
|
|
| |
For each document referred to as an exhibit in the affidavit there shall be allowed the additional sum of 1/6d.
|
| |
SOLICITORS' COSTS IN ORDINARY DEFAULT CASES
|
| |
In hire-purchase and credit-sale proceedings (under the Hire-Purchase Acts, 1946 and 1960) where the amount due at the date of the issue of process, and in case of a dismiss the amount sued for, exceeds £75 and does not exceed £100
|
| | |
|
Settled before entry
|
Costs of decree if case not defended
|
Costs of decree if case defended
|
|
Costs of dismiss
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
£
|
s.
|
d.
|
|
1. Instructions for proceeding and including correspondence, filling and signing civil process and notice and copy for service
|
1
|
17
|
6
|
1
|
17
|
6
|
1
|
17
|
6
|
Instructions for defence including correspondence, notice of defence and copy for service
|
1
|
10
|
0
|
|
2. Drawing affidavit to ground civil process
|
0
|
17
|
6
|
0
|
17
|
6
|
0
|
17
|
6
|
——
|
—
|
|
3. Commissioner's fee if affidavit sworn before a Commissioner for Oaths
|
0
|
3
|
0
|
0
|
3
|
0
|
0
|
3
|
0
|
——
|
—
|
|
4. Stamp on original civil process
|
0
|
5
|
0
|
0
|
5
|
0
|
0
|
5
|
0
|
——
|
—
|
|
5. Service fee
|
0
|
5
|
0
|
0
|
5
|
0
|
0
|
5
|
0
|
——
|
—
|
|
6. Instructions for hearing and preparing proofs
|
—
|
—
|
2
|
0
|
0
|
Instructions for hearing and preparing proofs for defence
|
2
|
0
|
0
|
|
7. Attending and conducting case at hearing
|
—
|
1
|
10
|
0
|
2
|
10
|
0
|
Attending and conducting defence at hearing
|
2
|
10
|
0
|
|
8. Drawing and signing decree
|
—
|
0
|
7
|
6
|
0
|
7
|
6
|
Drawing and signing dismiss
|
0
|
7
|
6
|
|
9. Stamp on decree
|
—
|
0
|
5
|
0
|
0
|
5
|
0
|
Stamp on dismiss
|
0
|
5
|
0
|
|
Total
|
£3
|
8
|
0
|
£5
|
10
|
6
|
£8
|
10
|
6
|
|
£6
|
12
|
6
|
|
| |
For each document referred to as an exhibit in the affidavit there shall be allowed the additional sum of 1/6d.
|
| |
SOLICITORS' COSTS IN CASES OF SPECIAL DEFAULT CIVIL PROCESS
|
| | |
Amount of debt
|
If debt paid within 10 days of service of process
|
If claim admitted by notice and offer as to payment acepted
|
If no notice served
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
Not exceeding £2
|
0
|
15
|
6
|
1
|
4
|
0
|
1
|
8
|
6
|
|
Exceeding £2 and not exceeding £5
|
1
|
5
|
0
|
1
|
17
|
6
|
2
|
5
|
0
|
|
" £5 " " " £10
|
1
|
15
|
0
|
2
|
5
|
0
|
2
|
10
|
0
|
|
" £10" " " £25
|
2
|
5
|
0
|
3
|
6
|
0
|
4
|
0
|
0
|
|
" £25" " " £50
|
2
|
15
|
0
|
3
|
17
|
0
|
4
|
10
|
0
|
|
" £50" " " £75
|
3
|
5
|
0
|
4
|
8
|
0
|
5
|
0
|
0
|
|
" £75 " " " £100
|
3
|
15
|
0
|
5
|
0
|
0
|
5
|
10
|
0
|
|
| |
If the Special Default Process be defended the costs of the successful party shall be in accordance with the appropriate ordinary default scale.
|
| |
Where no notice of intention to defend or of admission has been served and the case is placed in the Court list by direction of the Justice the plaintiff's costs as above stated may, in the discretion of the Justice, be increased by a sum not exceeding 12/6d.
|
| |
Where neither of such notices is served the plaintiff's costs above stated shall be reduced by the sum of 3/- if the affidavit of debt has not been sworn before a Commissioner for Oaths.
|
| |
SOLICITORS' COSTS IN EJECTMENT CASES INSTITUTED BY CIVIL PROCESS
|
| |
In proceedings where the rent does not exceed £27 per annum
|
| | |
|
Settled before entry
|
Costs of decree if case not defended
|
Costs of decree if case defended
|
|
Costs of dismiss
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
£
|
s.
|
d.
|
|
1. Instructions for proceeding and including correspondence and filling and signing Ejectment Civil Process and copy for service
|
0
|
17
|
6
|
1
|
2
|
6
|
1
|
2
|
6
|
Instructions for defence including correspondence and all other necessary steps
|
0
|
17
|
6
|
|
2. Drawing Notice to Quit and necessary copies and service thereof
|
0
|
5
|
0
|
0
|
5
|
0
|
0
|
5
|
0
|
——
|
—
|
|
3. Stamp on Ejectment Civil Process
|
0
|
5
|
0
|
0
|
5
|
0
|
0
|
5
|
0
|
——
|
—
|
|
4. Service fee
|
0
|
4
|
0
|
0
|
4
|
0
|
0
|
4
|
0
|
——
|
—
|
|
5. Instructions for hearing and preparing proofs
|
—
|
0
|
10
|
0
|
0
|
12
|
6
|
Instructions for hearing and preparing proofs
|
0
|
12
|
6
|
|
6. Attending and conducting case at hearing
|
—
|
0
|
10
|
0
|
1
|
0
|
0
|
Attending and conducting defence
|
1
|
0
|
0
|
|
7. Drawing and signing decree
|
—
|
0
|
2
|
6
|
0
|
2
|
6
|
Drawing and signing dismiss
|
0
|
2
|
6
|
|
8. Stamp on decree
|
—
|
0
|
5
|
0
|
0
|
5
|
0
|
Stamp on dismiss
|
0
|
5
|
0
|
|
Total
|
£1
|
11
|
6
|
£3
|
4
|
0
|
£3
|
16
|
6
|
|
£2
|
17
|
6
|
|
| |
If an affidavit (Rule 175) is sworn before a Commissioner for Oaths, the fee of 3/- shall be added to the total shown in column 1, 2 or 3, as the case may be.
|
| |
In Ejectments there shall be allowed, in addition to the scale of costs set out above, for each additional copy served and to include service, 8/-.
|
| |
The above scale of costs shall not apply to ejectment cases brought before the Court on summons pursuant to the provisions of section 15 of the Summary Jurisdiction (Ireland) Act, 1851, section 10 of the Summary Jurisdiction (Ireland) Amendment Act, 1871, or section 81, 84, 85 or 86 of the Landlord and Tenant (Ireland) Act, 1860. In such cases costs shall be in the discretion of the Justice and shall not exceed £2 15s. 0d. in any case, unless the Justice for special reason shall otherwise order.
|
| |
The above scale of costs shall apply to ejectment cases brought before the Court by civil process pursuant to the provisions of section 82 of the Civil Bill Courts (Ireland) Act, 1851, as applied to the District Court by
section 17
of the
Courts of Justice Act, 1928
.
|
| |
SOLICITORS' COSTS IN EJECTMENT CASES INSTITUTED BY CIVIL PROCESS
|
| |
In proceedings where the rent does not exceed £27 but does not exceed £53 per annum
|
| | |
|
Settled before entry
|
Costs of decree if case not defended
|
Costs of decree if case defended
|
|
Costs of dismiss
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
£
|
s.
|
d.
|
|
1. Instructions for proceeding and including correspondence and filling and signing Ejectment Civil Process and copy for service
|
1
|
2
|
6
|
1
|
12
|
6
|
1
|
12
|
6
|
Instructions for defence including correspondence and all other necessary steps
|
1
|
10
|
0
|
|
2. Drawing Notice to Quit and necessary copies and service thereof
|
0
|
7
|
6
|
0
|
7
|
6
|
0
|
7
|
6
|
——
|
—
|
|
3. Stamp on Ejectment Civil Process
|
0
|
5
|
0
|
0
|
5
|
0
|
0
|
5
|
0
|
——
|
—
|
|
4. Service fee
|
0
|
4
|
0
|
0
|
4
|
0
|
0
|
4
|
0
|
——
|
—
|
|
5. Instructions for hearing and preparing proofs
|
—
|
0
|
17
|
6
|
1
|
2
|
6
|
Instructions for hearing and preparing proofs
|
1
|
2
|
6
|
|
6. Attending and conducting case at hearing
|
—
|
1
|
12
|
6
|
2
|
5
|
0
|
Attending and conducting defence
|
2
|
5
|
0
|
|
7. Drawing and signing decree
|
—
|
0
|
5
|
0
|
0
|
5
|
0
|
Drawing and signing dismiss
|
0
|
5
|
0
|
|
8. Stamp on decree
|
—
|
0
|
5
|
0
|
0
|
5
|
0
|
Stamp on dismiss
|
0
|
5
|
0
|
|
Total
|
£1
|
19
|
0
|
£5
|
9
|
0
|
£6
|
6
|
6
|
|
£5
|
7
|
6
|
|
| |
If an affidavit (Rule 175) is sworn before a Commissioner for Oaths, the fee of 3/- shall be added to the total shown in column 1, 2 or 3, as the case may be.
|
| |
In ejectments there shall be allowed, in addition to the scale of costs set out above, for each additional copy served and to include service, 8/-.
|
| |
The above scale of costs shall not apply to ejectment cases brought before the Court on summons pursuant to the provisions of section 15 of the Summary Jurisdiction (Ireland) Act, 1851, section 10 of the Summary Jurisdiction (Ireland) Amendment Act, 1871, or section 81, 84, 85 or 86 of the Landlord and Tenant (Ireland) Act, 1860. In such cases costs shall be in the discretion of the Justice and shall not exceed £2 15s. 0d. in any case, unless the Justice for special reason shall otherwise order.
|
| |
RATES SUMMONSES
|
| |
In summary proceedings brought by summons for the recovery of rates the following scale of Solicitors' costs, in addition to the fee paid for service of the summons, shall apply :—
|
| | |
Amount sued for
|
Costs before hearing
|
Costs after hearing
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
Not exceeding £2
|
0
|
10
|
6
|
0
|
15
|
6
|
|
Exceeding £2 and not exceeding £5
|
0
|
12
|
0
|
1
|
5
|
0
|
|
" £5 " " " £10
|
0
|
15
|
6
|
1
|
11
|
6
|
|
" £10" " " £25
|
1
|
2
|
6
|
2
|
2
|
0
|
|
" £25" " " £50
|
1
|
5
|
0
|
2
|
10
|
0
|
|
" £50" " " £100
|
1
|
7
|
6
|
3
|
0
|
0
|
|
" £100
|
1
|
10
|
0
|
4
|
0
|
0
|
|
| |
PROCEEDINGS FOR DETINUE
|
| |
In actions for wrongful detention brought by virtue of section 33, subsection(3) of the
Courts (Supplemental Provisions) Act, 1961
, the costs awarded shall be on the Tort Scale according to the value of the goods as determined by the Court. This provision shall not apply to proceedings for wrongful detention arising out of a hire-purchase transaction, in which proceedings the costs shall be in accordance with the Contract Scale.
|
| |
PROCEEDINGS BY GOVERNMENT DEPARTMENTS
|
| |
The Costs of Decree in the foregoing scales of costs in the case of an ordinary civil process shall apply to any proceeding at the suit of the Attorney General or any Minister of State or Government Department.
|
| |
ACTION TRANSFERRED FROM THE HIGH COURT TO THE DISTRICT COURT
|
| |
A plaintiff in succeeding in such action shall be entitled to no greater costs than would have been allowed him under the foregoing scales if the suit had been instituted in the District Court. A successful defendant will be entitled, in addition to the scales of costs set out above, to a minimum sum of £8 8s. 0d. or such greater sum as the Justice may in the circumstances think fit.
|
| |
MISCELLANEOUS COSTS
|
| |
The items in this scale shall be chargeable in addition to the charges in the other scales in this Schedule.
|
| | |
|
£
|
s.
|
d.
|
|
Each additional copy of a civil process necessarily served after the first and to include the fee paid for service
|
0
|
8
|
0
|
|
Drawing witness summons and copies thereof, attending at District Court office for the purpose of issuing same and correspondence as to service, in addition to outlay
|
0
|
10
|
0
|
|
Attendance in Court, not otherwise provided for, where allowed by the Justice, not exceeding
|
0
|
15
|
0
|
|
Any other outlay properly and necessarily incurred, as allowed by the Justice.
|
|
|
|
|
| |
COUNSEL'S FEES
|
| |
The Court shall have discretion as to the award of Counsel's fees and the scale hereunder is intended to operate in those cases where the Court considers it proper that Counsel should have been employed.
|
| |
A. In any defended case of contract, or breach of contract, or tort :
|
| |
To plaintiff's Counsel when the amount recovered, or to defendant's Counsel when the amount claimed,
|
| | |
|
£
|
s.
|
d.
|
|
(i) does not exceed £25
|
2
|
2
|
0
|
|
(ii) exceeds £25, but does not exceed £50
|
3
|
3
|
0
|
|
(iii) exceeds £50
|
4
|
4
|
0
|
|
| |
B. In any defended ejectment for overholding or non-payment of rent :
|
| |
To plaintiff's or defendant's Counsel when the annual rent,
|
| | |
|
£
|
s.
|
d.
|
|
(i) does not exceed £27
|
2
|
2
|
0
|
|
(ii) exceeds £27
|
3
|
3
|
0
|
|
| |
C. The above Scale of fees shall not be applicable to an Ejectment proceeding brought under any Summary Jurisdiction, in which case Counsel's fee, if allowed, shall be £1 1s. 0d.
|
| |
D. The allowance of Counsel's fees in proceedings under the
Rent Restrictions Act, 1960
, shall be in the discretion of the Justice.
|
| |
EXPLANATORY NOTE
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These Rules, which come into operation on the 1st January, 1963, provide for revised scales of solicitors' costs and counsel's fees in the District Court. The present costs and fees are prescribed by Rule 8 of the District Court Rules (No. 2), 1955 and the District Court Rules, 1956, which are being revoked by Rule 3 of these Rules.
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