County Court (Amendment No. 2) Rules (Northern Ireland) 2002

Statutory Rule 2002 No. 412

County Court (Amendment No. 2) Rules (Northern Ireland) 2002

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STATUTORY RULES OF NORTHERN IRELAND

2002 No. 412
COUNTY COURTS
County Court (Amendment No. 2) Rules (Northern Ireland) 2002

	Made	30th December 2002
	Coming into operation	3rd March 2003

We, the County Court Rules Committee, appointed by the Lord Chancellor under Article 46 of the County Courts (Northern Ireland) Order 1980[1], in exercise of the powers conferred on us by Article 47 of that Order and all other powers enabling us in that behalf, hereby make the following Rules:-

Citation and interpretation
     1. - (1) These Rules may be cited as the County Court (Amendment No. 2) Rules (Northern Ireland) 2002.

    (2) In these Rules a reference to an Order, Rule or Appendix is a reference to that Order, Rule or Appendix as numbered in the County Court Rules (Northern Ireland) 1981[2].

Costs
     2. - (1) Order 55 shall be amended as follows-

" 11. - (1) This rule only applies where the plaintiff's cause of action (or if there is more than one cause of action the principal cause of action):

(i) Part IV of the Sex Discrimination (Northern Ireland) Order 1976[

    (2) Subject to paragraph (4) where, at the conclusion of a cause of action to which this rule applies, the judge is satisfied that the issues in the case were of particular complexity, he may order that the parties receive an enhancement of their costs in addition to the scale costs set out in Appendix 2.

    (3) The amount of any enhancement under this rule shall be one-third of the scale fee in Appendix 2 to which the parties are entitled.

    (4) No enhancement shall be permitted under this rule unless:

(5) Notice under paragraph (4) shall be copied to the chief clerk."

(2) For Appendix 2 there shall be substituted the new Appendix 2 set out in the Schedule.

We, the undersigned members of the County Court Rules Committee, having by virtue of the powers vested in us in this behalf made the foregoing rules, do hereby certify the same under our hand and submit them to the Lord Chancellor accordingly.

A. R. Hart

J. J. Curran

H. Keegan

Barry Valentine

Brian F. Walker

James A. Agnew

Brian J. Stewart

Brian Kennedy

P. J. Kelly

Dated 13th June 2002

After consultation with the Lord Chief Justice, I allow these Rules which shall come into operation on 3rd March 2003.

Irvine of Lairg,
C.

Dated 30th December 2002

SCHEDULERule 2(2)

APPENDIX 2

PART I
Ordinary civil bills
(other than those provided for in Table 3)

TABLE 1: PLAINTIFF'S AND DEFENDANT'S COSTS

In actions where amount decreed (in the case of the plaintiff) and where amount claimed (in the case of the defendant)	Solicitor's costs
(1)	(2)
(i) does not exceed Ł1,000	Ł450
(ii) exceeds Ł1,000 but does not exceed Ł2,500	Ł950
(iii) exceeds Ł2,500 but does not exceed Ł5,000	Ł1,350
(iv) exceeds Ł5,000 but does not exceed Ł7,500	Ł1,750
(v) exceeds Ł7,500 but does not exceed Ł10,000	Ł2,000
(vi) exceeds Ł10,000 but does not exceed Ł12,500	Ł2,200
(vii) exceeds Ł12,500 but does not exceed Ł15,000	Ł2,400

In actions where amount decreed (in the case of the plaintiff) and where amount claimed (in the case of the defendant)	Counsel's fee
(1)	(3)
(i) does not exceed Ł1,000	Ł150
(ii) exceeds Ł1,000 but does not exceed Ł2,500	Ł220
(iii) exceeds Ł2,500 but does not exceed Ł5,000	Ł320
(iv) exceeds Ł5,000 but does not exceed Ł7,500	Ł400
(v) exceeds Ł7,500 but does not exceed Ł10,000	Ł470
(vi) exceeds Ł10,000 but does not exceed Ł12,500	Ł535
(vii) exceeds Ł12,500 but does not exceed Ł15,000	Ł600

1. This Table does not apply to actions for defamation.

2. Counsel travelling to attend a court-

Solicitor travelling to attend a court-

Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel.

     3. Where the judge is satisfied that the issues in the case were of particular complexity he may certify that the solicitor or counsel, as the case may be, is entitled to an additional sum of Ł35·00 for drafting a notice for further particulars.

     4. For drafting a reply to a notice for further particulars, the solicitor or counsel, as the case may be, is entitled to an additional sum of Ł35·00.

     5. For each day or part of a day on which a trial or hearing is continued after the first day both counsel and a solicitor in attendance are each entitled to an additional sum equivalent to one third of counsel's scale fee.

     6. Where in any action or application under the Consumer Credit Act 1974 the amount decreed exceeds Ł15,000, the costs may be increased by such amounts as the Judge thinks proper having regard to the amount involved or the importance or difficulty of the case.

Costs where no notice of intention to defend is served and judgment is marked under Order 12

TABLE 2: PLAINTIFF'S COSTS

In actions where amount decreed -	Where sum claimed and costs specified in civil bill not paid within 21 days of service
(1)	(2)
(i) does not exceed Ł500	Ł66
(ii) exceeds Ł500 but does not exceed Ł1,000	Ł104
(iii) exceeds Ł1,000 but does not exceed Ł2,000	Ł130
(iv) exceeds Ł2,000 but does not exceed Ł3,000	Ł149
(v) exceeds Ł3,000 but does not exceed Ł4,000	Ł163
(vi) exceeds Ł4,000 but does not exceed Ł5,000	Ł181
(vii) exceeds Ł5,000 but does not exceed Ł6,000	Ł202
(viii) exceeds Ł6,000 but does not exceed Ł7,000	Ł220
(ix) exceeds Ł7,000 but does not exceed Ł8,000	Ł237
(x) exceeds Ł8,000 but does not exceed Ł9,000	Ł252
(xi) exceeds Ł9,000 but does not exceed Ł10,000	Ł265
(xii) exceeds Ł10,000 but does not exceed Ł12,500	Ł288
(xiii) exceeds Ł12,500 but does not exceed Ł15,000	Ł319

     1. Where the sum claimed is paid within 21 days of service of civil bill the sum for costs specified in column 2 to be reduced by 50%. See Order 55, Rule 14(1).

     2. See Part IX ("Miscellaneous Costs") of this Appendix for application of this Table to proceedings under Part VIII of the Judgments Enforcement (Northern Ireland) Order 1981 and under the Hire Purchase Acts.

     3. Where in any undefended action under the Consumer Credit Act 1974 the amount decreed exceeds Ł15,000, the costs may be increased by such amounts as the district judge thinks proper having regard to the amount involved or the importance or difficulty of the case, provided that the total amount allowed for costs shall not exceed Ł352.

     4. Solicitor travelling to attend a court-

Where a solicitor has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor.

Libel and slander

TABLE 3: PLAINTIFF'S COSTS

In actions where amount decreed -	Solicitor's costs	Counsel's fee
(1)	(2)	(3)
(i) does not exceed Ł500	Ł447·00	Ł192·00
(ii) exceeds Ł500 but does not exceed Ł1,000	Ł524·00	Ł287·00
(iii) exceeds Ł1,000 but does not exceed Ł1,500	Ł600·00	Ł357·00
(iv) exceeds Ł1,500 but does not exceed Ł2,000	Ł715·00	Ł447·00
(v) exceeds Ł2,000 but does not exceed Ł2,500	Ł810·00	Ł531·00
(vi) exceeds Ł2,500 but does not exceed Ł3,000	Ł910·00	Ł610·00

1. Counsel travelling to attend a court-

Solicitor travelling to attend a court-

Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel.

     2. Where the judge is satisfied that the issues in the case were of particular complexity he may certify that the solicitor or counsel, as the case may be, is entitled to an additional sum of Ł35·00 for drafting a notice for further particulars.

     3. For drafting a reply to a notice for further particulars, the solicitor or counsel, as the case may be, is entitled to an additional sum of Ł35·00.

     4. For each day or part of a day on which a trial or hearing is continued after the first day counsel and a solicitor in attendance are each entitled to an additional sum equivalent to one third of counsel's scale fee.

Libel and slander

TABLE 4: DEFENDANT'S COSTS

In actions where amount claimed -	Solicitor's costs	Counsel's fee
(1)	(2)	(3)
(i) does not exceed Ł500	Ł434·00	Ł192·00
(ii) exceeds Ł500 but does not exceed Ł1,000	Ł512·00	Ł287·00
(iii) exceeds Ł1,000 but does not exceed Ł1,500	Ł588·00	Ł357·00
(iv) exceeds Ł1,500 but does not exceed Ł2,000	Ł702·00	Ł447·00
(v) exceeds Ł2,000 but does not exceed Ł2,500	Ł796·00	Ł531·00
(vi) exceeds Ł2,500 but does not exceed Ł3,000	Ł897·00	Ł610·00

1. Counsel travelling to attend a court-

Solicitor travelling to attend a court-

Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel.

     2. Where the judge is satisfied that the issues in the case were of particular complexity he may certify that the solicitor or counsel, as the case may be, is entitled to an additional sum of Ł35·00 for drafting a notice for further particulars.

     3. For drafting a reply to a notice for further particulars, the solicitor or counsel, as the case may be, is entitled to an additional sum of Ł35·00.

     4. For each day or part of a day on which a trial or hearing is continued after the first day counsel and a solicitor in attendance are each entitled to an additional sum equivalent to one third of counsel's scale fee.

PART II
Remitted actions

TABLE 1: PLAINTIFF'S COSTS

In actions where amount decreed -	Solicitor's costs
(1)	(2)
(i) does not exceed Ł1,000	Ł450
(ii) exceeds Ł1,000 but does not exceed Ł2,500	Ł950
(iii) exceeds Ł2,500 but does not exceed Ł5,000	Ł1,350
(iv) exceeds Ł5,000 but does not exceed Ł7,500	Ł1,750
(v) exceeds Ł7,500 but does not exceed Ł10,000	Ł2,000
(vi) exceeds Ł10,000 but does not exceed Ł12,500	Ł2,200
(vii) exceeds Ł12,500 but does not exceed Ł15,000	Ł2,400

In actions where amount decreed -	Counsel's fee
(1)	(3)
(i) does not exceed Ł1,000	Ł150
(ii) exceeds Ł1,000 but does not exceed Ł2,500	Ł220
(iii) exceeds Ł2,500 but does not exceed Ł5,000	Ł320
(iv) exceeds Ł5,000 but does not exceed Ł7,500	Ł400
(v) exceeds Ł7,500 but does not exceed Ł10,000	Ł470
(vi) exceeds Ł10,000 but does not exceed Ł12,500	Ł535
(vii) exceeds Ł12,500 but does not exceed Ł15,000	Ł600

1. Where a Chancery action is remitted the Judge shall direct which costs tables shall apply having regard to the subject matter of the suit.

2. Counsel travelling to attend a court-

Solicitor travelling to attend a court-

Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel.

     3. Where the amount decreed exceeds Ł15,000, the costs may be increased by such amounts as the Judge thinks proper having regard to the amount involved or the importance or difficulty of the case.

     4. Where the judge is satisfied that the issues in the case were of particular complexity he may certify that the solicitor or counsel, as the case may be, is entitled to an additional sum of Ł35·00 for drafting a notice for further particulars.

     5. For drafting a reply to a notice for further particulars, the solicitor or counsel, as the case may be, is entitled to an additional sum of Ł35·00.

     6. For each day or part of a day on which a trial or hearing is continued after the first day both counsel and a solicitor in attendance are each entitled to an additional sum equivalent to one third of counsel's scale fee.

TABLE 2: DEFENDANT'S COSTS

Solicitor's costs . . .           Ł2,400·00

Counsel's fee . . .           Ł600·00

provided, however, that, where no specific sum or a sum exceeding Ł15,000 is claimed, the Judge, having regard to the importance or difficulty of the case or to the amount involved, may increase the above amount.

     1. Where a Chancery action is remitted the Judge shall direct which costs tables shall apply having regard to the subject matter of the suit.

     2. Where the defendant complies with Order 8, Rule 6, he shall be entitled to claim Ł20.11.

     3. Counsel travelling to attend a court-

Solicitor travelling to attend a court-

Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel.

     4. Where the judge is satisfied that the issues in the case were of particular complexity he may certify that the solicitor or counsel, as the case may be, is entitled to an additional sum of Ł35·00 for drafting a notice for further particulars.

     5. For drafting a reply to a notice for further particulars, the solicitor or counsel, as the case may be, is entitled to an additional sum of Ł35·00.

     6. For each day or part of a day on which a trial or hearing is continued after the first day counsel and a solicitor in attendance are each entitled to an additional sum equivalent to one third of counsel's fee.

PART III
Ejectments

TABLE 1: PLAINTIFF'S COSTS

	Solicitor's costs	Counsel's fee
(1)	(2)	(3)
Where the proceedings are for the recovery of possession of premises by a statutory body under statutory powers or which are not otherwise subject to the Rent and Mortgage Interest (Restrictions) Acts (Northern Ireland) 1920 to 1956 and the Rent (Northern Ireland) Order 1978[8]
	Ł110·00	Ł54·00
In other cases- where the valuation
(i) does not exceed Ł500	Ł269·00	Ł102·00
(ii) exceeds Ł500	Ł383·00	Ł192·00

1. See Order 55, Rule 14(1). Only 50% payable where defendant delivers up possession within 21 days of service of civil bill.

2. Counsel travelling to attend a court-

Solicitor travelling to attend a court-

Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel.

     3. For each day or part of a day on which a trial or hearing is continued after the first day counsel and a solicitor in attendance are each entitled to an additional sum equivalent to one third of counsel's scale fee.

TABLE 2: DEFENDANT'S COSTS

     Solicitor's costs Counsel's fee

(1) (2) (3)

Where the proceedings are for the recovery of possession of premises by a statutory body under statutory powers or which are not otherwise subject to the Rent and Mortgage Interest (Restrictions) Acts (Northern Ireland) 1920 to 1956 and the Rent (Northern Ireland) Order 1978 Ł110·00 Ł54·00

In other cases-

    where the valuation



(i) does not exceed Ł500

Ł269·00 Ł102·00

(ii) exceeds Ł500

Ł383·00 Ł192·00

     1. Counsel travelling to attend a court-

Solicitor travelling to attend a court-

Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel.

2. For each day or part of a day on which a trial or hearing is continued after the first day counsel and a solicitor in attendance are each entitled to an additional sum equivalent to one third of counsel's scale fee.

PART IV
Proceedings to annul precept, order or conviction - Order 37

Instructions, drawing notice and copy	. . . Ł16·87
Entry, preparation for and attending hearing	. . . Ł55·73
Drawing order	. . . Ł5·06

PART V
Restitution of possession
Where the application for restitution is opposed and is refused, Part III, Table 2, shall apply as if the respondent were a defendant.

Where the application for restitution is granted no party and party costs shall be allowed.

PART VI
Grant and revocation of probate or administration

TABLE 1: PLAINTIFF'S COSTS

Where the net estate -	Solicitor's costs	Counsel's fee
(1)	(2)	(3)
(i) does not exceed Ł10,000	Ł307·00	Ł230·00
(ii) exceeds Ł10,000 but not Ł20,000	Ł422·00	Ł287·00
(iii) exceeds Ł20,000 but not Ł30,000	Ł563·00	Ł320·00
(iv) exceeds Ł30,000 but not Ł40,000	Ł693·00	Ł351·00
(v) exceeds Ł40,000 but not Ł45,000	Ł816·00	Ł378·00

1. Counsel travelling to attend a court-

Solicitor travelling to attend a court-

Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel.

     2. Where the judge is satisfied that the issues in the case were of particular complexity he may certify that the solicitor or counsel, as the case may be, is entitled to an additional sum of Ł35·00 for drafting a notice for further particulars.

     3. For drafting a reply to a notice for further particulars, the solicitor or counsel, as the case may be, is entitled to an additional sum of Ł35·00.

     4. For each day or part of a day on which a trial or hearing is continued after the first day counsel and a solicitor in attendance are each entitled to an additional sum equivalent to one third of counsel's scale fee.

TABLE 2: DEFENDANT'S COSTS

Where the net estate - Solicitor's costs Counsel's fee

(1) (2) (3)

(i) does not exceed Ł10,000

Ł295·00 Ł230·00

(ii) exceeds Ł10,000 but not Ł20,000

Ł409·00 Ł287·00

(iii) exceeds Ł20,000 but not Ł30,000

Ł549·00 Ł320·00

(iv) exceeds Ł30,000 but not Ł40,000

Ł681·00 Ł351·00

(v) exceeds Ł40,000 but not Ł45,000

Ł804·00 Ł378·00

     1. Counsel travelling to attend a court-

Solicitor travelling to attend a court-

Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel.

     2. Where the judge is satisfied that the issues in the case were of particular complexity he may certify that the solicitor or counsel, as the case may be, is entitled to an additional sum of Ł35·00 for drafting a notice for further particulars.

     3. For drafting a reply to a notice for further particulars, the solicitor or counsel, as the case may be, is entitled to an additional sum of Ł35·00.

     4. For each day or part of a day on which a trial or hearing is continued after the first day counsel and a solicitor in attendance are each entitled to an additional sum equivalent to one third of counsel's scale fee.

PART VII
Application under Criminal Injuries to Persons (Compensation) Act (Northern Ireland) 1968

TABLE 1: APPLICANT'S COSTS

Where the net estate -	Solicitor's costs	Counsel's fee
(1)	(2)	(3)
(i) does not exceed Ł30	Ł21·00	Ł8·00
(ii) exceeds Ł30 but does not exceed Ł75	Ł38·00	Ł21·00
(iii) exceeds Ł75 but does not exceed Ł150	Ł67·00	Ł26·00
(iv) exceeds Ł150 but does not exceed Ł300	Ł104·00	Ł34·00
(v) exceeds Ł300 but does not exceed Ł500	Ł115·00	Ł37·00
(vi) exceeds Ł500 but does not exceed Ł1,000	Ł137·00	Ł39·00
(vii) exceeds Ł1,000 but does not exceed Ł2,000	Ł152·00	Ł56·00
(viii) exceeds Ł2,000 but does not exceed Ł3,500	Ł174·00	Ł67·00
(ix) exceeds Ł3,500 but does not exceed Ł5,000	Ł190·00	Ł79·00
(x) exceeds Ł5,000 but does not exceed Ł5,500	Ł200·00	Ł81·00
(xi) exceeds Ł5,500 but does not exceed Ł6,000	Ł209·00	Ł87·00
(xii) exceeds Ł6,000 but does not exceed Ł6,500	Ł221·00	Ł89·00
(xiii) exceeds Ł6,500 but does not exceed Ł7,000	Ł229·00	Ł95·00
(xiv) exceeds Ł7,000 but does not exceed Ł7,500	Ł238·00	Ł101·00
(xv) exceeds Ł7,500 but does not exceed Ł8,000	Ł249·00	Ł104·00
(xvi) exceeds Ł8,000 but does not exceed Ł8,500	Ł260·00	Ł107·00
(xvii) exceeds Ł8,500 but does not exceed Ł9,000	Ł268·00	Ł115·00
(xviii) exceeds Ł9,000 but does not exceed Ł9,500	Ł276·00	Ł118·00
(xix) exceeds Ł9,500 but does not exceed Ł10,000	Ł284·00	Ł123·00

     1. If claim is settled and attendance of applicant's solicitor not required at court for purpose of obtaining a decree, 85% only of costs in columns (2) and (3) are payable, unless the parties otherwise agree or the Judge orders.

     2. Where the respondent has before the hearing of an application in court made an unconditional offer in writing to pay a specified amount for compensation and the compensation awarded by the Judge does not exceed such amount, only 50% of the costs in columns (2) and (3) are payable. Such written offer must be served on the applicant in accordance with section 24 of the Interpretation Act (Northern Ireland) 1954 not less than fourteen days before the commencement of the actual hearing by the Judge. The amount specified in the offer shall not be communicated to the Judge until after he has determined the amount awarded.

     3. Where the case is of exceptional complexity or difficulty, and in any event, taking into account the role of counsel and the nature and content of the proceedings, the Judge may certify an amount exceeding scale figure.

     4. Where the Judge considers that it was proper for the applicant to instruct senior as well as junior counsel, he may certify counsel's fees and solicitor's costs in such sum as he considers appropriate.

     5. Where the amount awarded exceeds Ł10,000, the Judge shall, unless the parties otherwise agree, certify the amount for solicitor's costs and the amount allowed for counsel's fees.

RESPONDENT'S COSTS
Where an application for compensation is dismissed the amount recoverable by the respondent for solicitor's costs or counsel's fees shall, in default of agreement, be such amount, if any, as the Judge may settle.

Party and party costs in appeals under Article 15 of the Criminal Damage (Compensation) (Northern Ireland) Order 1977 in relation to claims for compensation under that Order

TABLE 2: APPELLANT'S COSTS

Where the amount awarded is greater than the Secretary of State's determination and does not exceed	Solicitor's costs	Counsel's fee
(1)	(2)	(3)
Ł	Ł	Ł
250	145	56
500	179	69
750	225	92
1,000	256	107
2,000	288	121
3,000	322	135
4,000	356	141
5,000	387	152
6,000	423	162
7,000	456	174
8,000	487	182
9,000	523	194
10,000	557	205
15,000	709	259
20,000	879	319
25,000	1,032	376
30,000	1,201	443
35,000	1,354	501
40,000	1,519	570
45,000	1,675	612
50,000	1,829	703
60,000	2,074	813
70,000	2,316	925
80,000	2,551	1,041
90,000	2,795	1,166
100,000	3,026	1,285
125,000	3,182	1,369
150,000	3,349	1,461
175,000	3,514	1,576
200,000	3,672	1,649
250,000	3,991	1,836
300,000	4,071	1,890
350,000	4,150	1,937
400,000	4,224	1,985
450,000	4,303	2,031
500,000	4,381	2,086
600,000	4,543	2,191
700,000	4,699	2,294
800,000	4,860	2,398
900,000	5,023	2,512
1,000,000	5,177	2,621

NOTES:

     1. Subject to the discretion of the Judge to certify otherwise, the scale of counsel's fees in column (3) above relates only to the item or items in dispute and not to the value of the claim as a whole.

     2. Where a case is settled more than 2 days prior to the court hearing, 85% of the appropriate amount in column (3) of the above table is payable as counsel's fees.

     3. Where the Judge considers it was proper for an applicant to instruct senior as well as junior counsel, the senior counsel's fee will be one and a half times the appropriate figure in column (3) of the above table.

     4. Where the amount awarded is in excess of Ł1,000,000 the Judge shall, unless the parties otherwise agree, certify the amount of solicitor's costs and the amount allowed for counsel's fees.

     5. Where the case is one of exceptional complexity or difficulty the Judge may certify an amount exceeding the scale figures in columns (2) or (3) of the above table.

     6. Nothing in this table or note shall derogate from the provisions of Rule 4 of Order 54 or Article 15(3) of the Criminal Damage (Compensation) (Northern Ireland) Order 1977[9].

     7. The scale of solicitor's costs in column (2) of the above table is inclusive of any costs (but not expenses) payable under Article 12(2) of the Criminal Damage (Compensation) (Northern Ireland) Order 1977 in respect of making out and verifying the claim to compensation up to the date of the Secretary of State's determination.

     8.

RESPONDENT'S COSTS

1. Where an appeal is dismissed, the Judge may order the appellant to pay the Secretary of State an amount for his solicitor's costs or counsel's fees.

2. Where he does so, that amount shall, in default of agreement, be such as the Judge may determine, whether equal to or less than the costs actually incurred or the fees paid by the Secretary of State in resisting the appeal.

Party and party costs in appeals under Article 16 of the Criminal Injuries (Compensation) (Northern Ireland) Order 1988

TABLE 3: APPELLANT'S COSTS

Where the amount awarded is greater than the Secretary of State's determination and does not exceed -	Solicitor's costs	Counsel's fee
(1)	(2)	(3)
Ł	Ł	Ł
500	225	92
750	310	126
1,000	387	148
2,000	423	163
3,000	444	181
4,000	478	198
5,000	500	215
6,000	523	220
7,000	544	227
8,000	565	236
9,000	588	246
10,000	611	256
15,000	701	283
20,000	808	322
25,000	921	349
30,000	1,030	378
35,000	1,143	422
40,000	1,254	466
45,000	1,365	509
50,000	1,472	557
60,000	1,608	606
70,000	1,774	686
80,000	1,997	784
90,000	2,217	886
100,000	2,440	989
125,000	2,773	1,154
150,000	2,881	1,228
175,000	2,995	1,293
200,000	3,104	1,356
225,000	3,219	1,415
250,000	3,328	1,473

NOTE:

     1. Where a case is settled more than 2 days prior to the court hearing, 85% of the appropriate amount in column (3) of the above table is payable as counsel's fee.

     2. Where the Judge considers it was proper for an applicant to instruct senior as well as junior counsel, the senior counsel's fee will be one and a half times the appropriate figure in column (3) of the above table.

     3. Where the amount awarded is in excess of Ł250,000 the Judge shall, unless the parties otherwise agree, certify the amount of solicitor's costs and the amount allowed for counsel's fees.

     4. Where the case is one of exceptional complexity or difficulty the Judge may certify an amount exceeding the scale figures in columns (2) or (3) of the above table.

     5. Nothing in this table or note shall derogate from the provisions of Rule 4 of Order 54 or Article 16(3) of the Criminal Injuries (Compensation) (Northern Ireland) Order 1988[10].

     6. The scale of solicitor's costs in column (2) of the above table is inclusive of any costs (but not expenses) payable under Article 13(2) of the Criminal Injuries (Compensation) (Northern Ireland) Order 1988 in respect of making out and verifying the claim to compensation up to the date of the Secretary of State's determination.

     7.

RESPONDENT'S COSTS

1. Where an appeal is dismissed, the Judge may order the appellant to pay to the Secretary of State an amount for his solicitor's costs or counsel's fee.

2. Where he does so, that amount shall, in default of agreement, be such as the Judge may determine, whether equal to or less than the costs actually incurred or the fees paid by the Secretary of State in resisting the appeal.

Party and party costs in appeals under section 55(4) of the Northern Ireland (Emergency Provisions) Act 1996 and under paragraph (5) of Schedule 12 to the Terrorism Act 2000

TABLE 4: APPELLANT'S COSTS

Where the amount awarded is greater than the Secretary of State's decision and does not exceed	Solicitor's costs	Counsel's fee
(1)	(2)	(3)
Ł	Ł	Ł
250	145	56
500	179	69
750	225	92
1,000	256	108
2,000	288	121
3,000	322	135
4,000	356	141
5,000	387	152
6,000	423	162
7,000	456	174
8,000	487	182
9,000	523	194
10,000	557	205
15,000	709	259
20,000	879	319
25,000	1,032	376
30,000	1,201	443
35,000	1,354	501
40,000	1,519	570
45,000	1,673	612
50,000	1,829	703

NOTES:

     1. Subject to the discretion of the Judge to certify otherwise, the scale of counsel's fees in column (3) above relates only to the item or items the subject of the appeal and not to the value of the claim as a whole.

     2. Where a case is settled more than 2 days prior to the court hearing, 85% of the appropriate amount in column (3) of the above table is payable as counsel's fees.

     3. Where the Judge considers it was proper for an appellant to instruct senior as well as junior counsel, the senior counsel's fee will be one and a half times the appropriate figure in column (3) of the above table.

     4. Where the amount awarded is in excess of Ł50,000 the Judge shall, unless the parties otherwise agree, certify the amount of solicitor's costs and the amount allowed for counsel's fees.

     5. Where the case is one of exceptional complexity or difficulty the Judge may certify an amount exceeding the scale figures in columns (2) or (3) of the above table.

     6. Nothing in this table or note shall derogate from the provisions of Rule 4 of Order 54.

     7. The scale of solicitor's costs in column (2) above is inclusive of any costs (but not expenses) payable by the Secretary of State in respect of making out and verifying the claim to compensation up to the date of service of notice of the Secretary of State's decision under section 55(4) of the Northern Ireland (Emergency Provisions) Act 1996[11] or under paragraph 4 of Schedule 12 to the Terrorism Act 2000[12].

     8. Where an appeal under section 55(4) of the Northern Ireland (Emergency Provisions) Act 1996 or under paragraph 5 of Schedule 12 to the Terrorism Act 2000 is in respect of an act authorised by or on behalf of the Secretary of State under section 26(2) of the Northern Ireland (Emergency Provisions) Act 1996 or under section 91 of the Terrorism Act 2000 and the Judge considers that the scale of costs in this Schedule is inappropriate, the amount of solicitor's costs or of counsel's fees shall be at the discretion of the Judge and, unless the parties otherwise agree, he shall certify the amount he allows for such costs and fees.

     9.

RESPONDENT'S COSTS

1. Where an appeal is dismissed, the Judge may order the appellant to pay to the Secretary of State an amount for his solicitor's costs or counsel's fees.

2. Where he does so, that amount shall, in default of agreement, be such as the Judge may determine, whether equal to or less than the costs actually incurred or the fees paid by the Secretary of State in resisting the appeal.

PART VIII
Equity and Title suits
1. Subject to the Judge's discretion, the following rules shall be applicable to the costs of equity and title suits and proceedings under Articles 13 and 14 of the Order.

2. For the determination of costs in equity and title matters there shall be seven scales which correspond in respect of solicitor's costs and counsel's fee, to the amounts prescribed in Table 1 of Part I and which shall be applied as follows, that is to say-

Where the value of the personalty and/or lands -	The scale applicable shall be -
does not exceed Ł5,000	Scale (i)
exceeds Ł5,000 but not Ł10,000	Scale (ii)
exceeds Ł10,000 but not Ł15,000	Scale (iii)
exceeds Ł15,000 but not Ł20,000	Scale (iv)
exceeds Ł20,000 but not Ł25,000	Scale (v)
exceeds Ł25,000 but not Ł35,000	Scale (vi)
exceeds Ł35,000 but not Ł45,000	Scale (vii)

     3. For the purpose of ascertaining the appropriate scale the value of any lands not valued by a court valuer or sold in the course of the proceedings shall, subject to any direction of the Judge, be taken to be ten times their net annual value.

     4. Where the subject of the proceedings is under the Rates (Northern Ireland) Order 1972 property which is not treated as a hereditament, its value shall, where the property is not valued by a court valuer or sold in the course of the proceedings be taken, subject to any direction of the Judge, to be an amount which is equal to forty times the amount which the Commissioner of Valuation certifies would be entered in the valuation list as its net annual value if it were so treated and if it had been valued under the enactments repealed by that Order.

     5. Notwithstanding the foregoing provisions of this Part, the Judge may in any case direct that any of the scales prescribed in this Part be wholly or partly applicable for the determination of the costs of any party thereto.

     6. Where, having regard to the work actually performed, the amounts provided under the relevant scale are in the opinion of the Judge inadequate, he may for any particular case make a special order allowing such costs and expenses as he may think just.

     7. The value of the subject matter of any suit for the purpose of stamp duties and for the allowance of costs and expenses shall in case of dispute be assessed by the Judge.

     8. Where a suit is terminated by settlement or other arrangement at any time before the final decree, the Judge may order such allowance in respect of costs and expenses of either or any of the parties as in his opinion, having regard to the nature and circumstances of the case, may seem just.

     9. The costs of separate appearances by counsel or solicitor for parties whose interests are not antagonistic shall not be allowed, nor shall more than one set of costs be allowed for any parties for whom the Judge is of the opinion that separate appearances were unnecessary.

     10. Where in a mortgage suit the defendant, either before the hearing or within the time fixed by the primary decree, pays the amount due for principal and interest together with all costs due up to the date of payment, such costs shall be ascertained by reference to the amount due at the commencement of the proceedings and not by reference to the value of the lands.

     11. Counsel travelling to attend court-

Solicitor travelling to attend a court-

Where a solicitor or counsel has conducted more than one case on the same day at the same venue, this fee may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel.

12. For each day or part of a day on which a trial or hearing is continued after the first day counsel and a solicitor in attendance are each entitled to an additional sum equivalent to one third of counsel's scale fee.

PART IX
Miscellaneous Costs
INTERPLEADER PROCEEDINGS
The costs under Order 10 shall be in accordance with the foregoing Rules and Tables so far as appropriate and subject to any direction by the Judge.

INTERLOCUTORY APPLICATIONS

Instructions and drawing notice of motion or certificate of application for discovery, filing and serving copy	Ł100·00
Attending before Judge or District Judge on notice or ex parte	Ł50·00
Drawing up list of documents under Order 15	Ł35·18 (or such other amount as the Judge or District Judge may allow).

JUDGMENTS ENFORCEMENT (NORTHERN IRELAND) ORDER 1981: Part VIII
Costs of an enforcement order under Rule 4(2)(a) of Order 40 shall be in accordance with Part I, Table 3 as if the total amount ordered to be paid by instalments were the amount decreed.

Costs of a committal order or an attachment of earnings order made by the Court under the said Act shall be one-half the amount of the costs appropriate to an enforcement order.

ENFORCEMENT OF COUNTY COURT DECREES IN OTHER PARTS OF THE UNITED KINGDOM

Applicant's costs of obtaining a certificate in respect of a money provision contained in a decree	Ł22·34
And in addition Ł2·27 in respect of the affidavit together with the commissioner's fee (if any).

HIRE-PURCHASE
Where an order is made for recovery of possession of goods let under a hire-purchase agreement, the prima facie value of the goods for the purpose of costs shall be the total price less (a) the amount paid, and (b) the amount of arrears (if any) awarded by the decree or order, but this value may be varied by the Judge in his discretion and the costs shall be of the same amount as in proceedings for the recovery of a sum of money equal to the said value of the goods.

Where a decree for arrears of instalments and/or damages is coupled with an order for recovery of possession of goods the amount thereof shall be added to the value of the goods as ascertained as above for the purpose of fixing the amount of the costs.

In any proceedings on foot of a hire-purchase agreement for recovery of possession of goods or for arrears of instalments or for damages for breach of the said agreement where such proceedings are undefended the costs shall be in accordance with Part I, Table 3 and in other cases Part I, Table 1 or 2.

STATUTORY APPEALS AND APPLICATIONS

Notice of appeal or application, services and entry	Ł16·64
Preparation for and attending hearing, instructing counsel (if any) and taking out order	Ł88·34
Counsel's fees	Ł55·07

The above fees may be increased at the discretion of the Judge, who may, in the case of an application under the Administration of Estates Acts (Northern Ireland) 1955 or the Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979 or the Administration of Estates (Northern Ireland) Order 1979 or any other statutory application not otherwise provided for, direct that the Equity scales shall apply in lieu of the above costs.

PROCEEDINGS FOR WRONGFUL INTERFERENCE WITH GOODS
Where an order is made for delivery of goods with or without an order for damages the value of the goods as assessed by the court shall be added to the damages, if any, for the purpose of ascertaining the appropriate costs scales.

Where an action for wrongful interference with goods is dismissed the defendant's costs shall be based upon the value of the goods claimed as assessed by the court or shall be such sum as the Judge may award.

COSTS OF THE DAY
If ordered by the Judge on the application of any party, the costs of the day in any proceeding shall be in the discretion of the Judge.

PART X
Occasional costs

1.	For any affidavit of service not otherwise provided for	Ł2·27
2.	For any other necessary affidavit not otherwise provided for, per folio	Ł0·94
3.	For preparing recognizance	Ł2·61
4.	For drawing, issuing and having served a witness summons	Ł7·61
5.	For drawing costs and copies, per page	Ł5·64
6.	For attending taxation, per hour	Ł9·52

EXPLANATORY NOTE

(This note is not part of the Rules.)

These Rules amend the County Court Rules (Northern Ireland) 1981 to make a number of changes to the scale costs for solicitor and counsel prescribed in Appendix 2 including:

    - a reduction in the number of bands of costs for proceedings commenced by ordinary civil bill and an increase in the amount of costs payable;

    - an increase in costs payable in respect of travelling and for drafting a reply to notice for further particulars;

    - to otherwise increase costs by 4.3%;

    - the introduction of discretionary costs for drafting a notice for particulars;

    - combining in one Part the costs for title and equity suits reducing the number of bands of costs;

    - provision for enhancing costs by one third in certain complex cases; and

    - other minor or consequential changes.

Notes:

[1] S.I. 1980/397 (N.I. 3)back

[2] S.R. 1981 No. 225 to which the most recent relevant amendments were made by, S.R. 1995 No. 151, S.R. 1995 No. 282 and S.R. 1999 No. 464 back

[3] S.I. 1976/1042 (N.I. 5)back

[4] S.I. 1997/869 (N.I. 6)back

[5] S.I. 1998/3162 (N.I. 21)back

[6] 1995 c. 50 back

[7] 1998 c. 47 back

[8] 1978/1050 (N.I. 20)back

[9] S.I.1977/1247 (N.I. 14)back

[10] S.I.1988/793 (N.I.4)back

[11] 1996 c. 22 back

[12] 2000 c. 11 back

ISBN 0 33794591 8

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Prepared 20 January 2003