S.I. No. 225/1992 - District Court (Costs) Rules, 1992.

S.I. No. 225 of 1992.

DISTRICT COURT (COSTS) RULES, 1992.

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 , section 17 of the Interpretation Act, 1937 (as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 ), and section 34 of the Courts (Supplemental Provisions) Act, 1961 , do hereby with the concurrence of the Minister for Justice, make the following Rules of Court:—

1. (1) These Rules may be cited as the District Court (Costs) Rules, 1992.

(2) The District Court (Costs) Rules, 1990 ( S.I. No. 67 of 1990 ), the District Court (Costs) (Amendment) Rules, 1990 ( S.I. No. 194 of 1990 ) and these Rules may be cited together as the District Court (Costs) Rules, 1990/1992.

2. These Rules shall come into operation on the 10th day of August 1992 and shall be read together with all other District Court Rules for the time being in force.

3. In these Rules—

"the Act of 1924" means the Courts of Justice Act, 1924 (No. 10 of 1924);

"the Act of 1991" means the Courts Act, 1991 (No. 20 of 1991);

"the Costs Rules, 1990" means the District Court (Costs) Rules 1990 ( S.I. No. 67 of 1990 ).

4. (1) Where proceedings to which any of the sections 4 to 13 of the Act of 1991 relates are instituted in the District Court and the amount claimed or, as the case may be, the amount awarded in such proceedings exceeds £2,500 but does not exceed £5,000, costs, where awarded in such proceedings, shall be in accordance with the scales of costs set out in the first schedule annexed hereto.

(2) Notwithstanding the scales of costs provided in relation to instalment orders by the Costs Rules, 1990, where the amount due in the proceedings exceeds £2,500 the costs, if awarded, shall be in accordance with the scale of costs set out at item No. 4 in the said first schedule.

5. The provisions of rules 3A and 3B [inserted by the District Court (Costs] (Amendment) Rules, 1990— and which relate to value-added tax] of the Costs Rules, shall apply where costs are awarded in proceedings to which these rules relate.

6. (1) Where proceedings of the kind mentioned in paragraph A of section 77 of the Act of 1924 are brought before the District Court and the amount claimed in such proceedings is in excess of £5,000 and, pursuant to the proviso (inserted by section 4 (c) of the Act of 1991) at the end of the said paragraph A the necessary parties to the proceedings sign a form of consent either before or at any time during the hearing, such consent shall be in the form set out in the second schedule hereto. The form shall, when completed, be attached to and lodged together with the original civil process or other originating document or, as appropriate, be produced to the Court during the hearing. Every form of consent so lodged or produced shall be retained by the Clerk with the original civil process or other originating document and shall be noted on the court record and on any court order issued in the proceedings.

(2) Costs, where awarded in any such proceedings, shall be in accordance with the provisions of item No. 5 in the first schedule hereto.

7. (1) Where an action is remitted or transferred to the District Court by the High Court under section 25 of the Act of 1924 or by the Circuit Court under section 15 of the Act of 1991 the plantiff shall, within fourteen days from the date of the order for remittal or transfer, lodge with the Clerk a certified copy of such order together with the summons or other originating document (or a copy thereof) and copies of all documents already delivered and orders made in the action. Where the plaintiff omits or refuses to lodge those documents within the time prescribed, the defendant may do so at any time after the expiration of the said fourteen days.

The party lodging those documents shall, within fourteen days of such lodgement, serve notice on the other party that the said documents have been so lodged.

Upon receipt of the documents lodged the Clerk shall enter and list the action for hearing and notify the parties of the place, date and time fixed therefor. The action shall then be heard and determined by the Court as if it had originally been commenced therein. A note of the remittal or transfer shall be entered on the court record and on any court order issued in the action.

(2) Costs, where awarded in any such action, shall be in accordance with the provisions of item No. 6 in the first schedule hereto.

8. The provisions of the paragraph entitled "ACTIONS TRANSFERRED FROM THE HIGH COURT TO THE DISTRICT COURT" in the schedule of costs annexed to the Costs Rules, 1990 are hereby annulled.

FIRST SCHEDULE

(Schedule of Costs)

1. Solicitors' Costs in Summary Judgment Proceedings

The above scale of costs shall in every instance be exclusive of and in addition to all actual and necessary outlay.

If the civil process is defended the costs of the successful party shall be in accordance with the appropriate Contract, Breach of Contract and Tort scale.

2. Solicitors' Costs in Contract, Breach of Contract and Tort Proceedings and in Claims for Damages Unconnected with Contract

The above scale of costs shall in every instance be exclusive of and in addition to all actual and necessary outlay.

The above scale of costs shall apply to actions for wrongful detention brought by virtue of section 33 (3) of the Courts (Supplemental Provisions) Act, 1961 , according to the value of the goods as determined by the Court.

The above scale of costs shall apply to actions for wrongful detention arising out of a hire purchase transaction.

3. Solicitors' Costs in Ejectment Proceedings Instituted by Civil Process

The above scale of costs shall in every instance be exclusive of and in addition to all actual and necessary outlay.

The above scale of costs shall not apply to ejectment proceedings brought before the Court on Summons pursuant to section 15 of the Summary Jurisdiction (Ireland) Act, 1851, section 10 of the Summary Jurisdiction (Ireland) Amendment Act, 1871 or section 81, 84, 85 and 86 of the Landlord and Tenant (Ireland) Act, 1860. In such proceedings costs shall be in the discretion of the Court and shall not exceed £10.00 in any case, unless the Court for special reason shall otherwise order.

The above scale of costs shall apply to ejectment proceedings brought before the Court by civil process pursuant to 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 .

4. Solicitors' Costs in Proceedings under the Enforcement of Court Orders Acts, 1926 and 1940

Costs in Relation to Instalment Orders

The above scale of costs shall in every instance be exclusive of and in addition to all actual and necessary outlay.

5. Solicitors' Costs in Consent Proceedings to which Section 4 (c) of the Courts Act, 1991 Relates

Where proceedings of the kind mentioned in paragraph A of section 77 of the Courts of Justice Act, 1924 are brought before the District Court and the amount claimed in such proceedings is in excess of £5,000 and, pursuant to the proviso (inserted by section 4 (c) of the Courts Act, 1991 ) at the end of the said paragraph A, the necessary parties to the proceedings sign the prescribed form of consent and the Court in determining such proceedings awards an amount in excess of £5,000, the successful party may be allowed costs in accordance with the foregoing scales in respect of the first £5,000 of the award and, in addition, a sum which represents 5% of the amount by which the award exceeds £5,000.

Where the proceedings are dismissed, the defendant may be allowed costs similarly calculated on the amount claimed.

6. Solicitors' Costs in Actions Transferred from the High Court or the Circuit Court

(1) Notwithstanding any other provision contained in District Court Rules and subject to paragraph (2) hereof, where an action has been remitted or transferred to the District Court,

( a ) by the High Court pursuant to section 25 of the Courts of Justice Act, 1924 , or

( b ) by the Circuit Court pursuant to section 15 (1) of the Courts Act, 1991 ,

the plaintiff shall, if successful in such action, be entitled to no greater costs than would have been allowed to him under the foregoing scales or, as the case may be, the scales set out in the schedule to the District Court (Costs) Rules, 1990. Where the plaintiff fails to prove his claim, the defendant shall be entitled, in addition to any costs allowed to him under the said scales, to a minimum sum of £50 or such greater sum as the Judge may in the circumstances consider proper.

(2) Where an action so remitted or transferred is an action for unliquidated damages and the Court, pursuant to section 15 (2) of the Courts Act, 1991 , makes an order awarding to a party to the action an amount in excess of £5,000 but not exceeding £10,000, the successful party may be allowed costs in accordance with the foregoing scales in respect of the first £5,000 of the award and, in addition, a sum which represents 5% of the amount by which the award exceeds £5,000.

Where such action is dismissed, the defendant may be allowed costs similarly calculated on the amount claimed.

SECOND SCHEDULE

*Delete words inapplicable.

WHEREAS the above-named plaintiff has instituted proceedings entitled as above in this Honourable Court against the above-named defendant claiming as follows:—

AND WHEREAS the said proceedings are of the kind mentioned in paragraph A of section 77 of the Courts of Justice Act, 1924 and the *amount claimed/*annual rent therein is in excess of the monetary limit that for the time being applies under that section,

NOW We, *(Solicitor for) the above-named plaintiff and *(Solicitor for) the above-named defendant HEREBY CONSENT AND AGREE to the exercise, in those proceedings, by the judge of the District Court for the said court area of the jurisdiction conferred by the proviso (inserted by section 4 (c) of the Courts Act, 1991 ) at the end of the said paragraph A to hear and determine such proceedings and we hereby jointly sign this form of consent in compliance with the terms of the said proviso.

GIVEN this 29th day of June 1992.

Peter Smithwick, Chairman

Séan McMullin

P. J. Brennan

John P. Clifford

John Garavan

John P. Brophy

Seamus S. ÓCathasaigh

I concur in the making of the foregoing Rules of Court.

Dated this 29th day of July 1992.

PADRAIG FLYNN,

Minister for Justice.

EXPLANATORY NOTE.

These rules, which come into operation on 10 August, 1992 provide for new scales of solicitors' costs in respect of the extended jurisdiction of the District Court under the Courts Act, 1991 (No. 20 of 1991).

The rules also prescribe,

( a ) the form of consent to be signed by the necessary parties in consent proceedings to which section 4 (c) of the Courts Act, 1991 (No. 20 of 1991) relates and the costs which may be allowed in such proceedings,

( b ) the costs that may be allowed in actions remitted or transferred to the District Court for hearing from the High Court or the Circuit Court.

The Minister for Industry and Commerce has, under section 2 (2) (a) of the Prices (Amendment) Act, 1972 , consented to the exercise by the rule-making authority (the District Court Rules Committee with the concurrence of the Minister for Justice) of their statutory power to regulate the fees prescribed in the Rules.