Office of Public Sector Information
SCHEDULE continued
| 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) | |
| £500 | £259 | £106 | |
| £750 | £356 | £145 | |
| £1,000 | £445 | £170 | |
| £2,000 | £486 | £187 | |
| £3,000 | £510 | £208 | |
| £4,000 | £550 | £228 | |
| £5,000 | £575 | £248 | |
| £6,000 | £602 | £253 | |
| £7,000 | £626 | £261 | |
| £8,000 | £649 | £272 | |
| £9,000 | £677 | £283 | |
| £10,000 | £703 | £295 | |
| £15,000 | £806 | £326 | |
| £20,000 | £929 | £371 | |
| £25,000 | £1,058 | £402 | |
| £30,000 | £1,184 | £435 | |
| £35,000 | £1,315 | £485 | |
| £40,000 | £1,442 | £536 | |
| £45,000 | £1,570 | £585 | |
| £50,000 | £1,692 | £640 | |
| £60,000 | £1,848 | £696 | |
| £70,000 | £2,040 | £789 | |
| £80,000 | £2,296 | £901 | |
| £90,000 | £2,549 | £1,019 | |
| £100,000 | £2,805 | £1,138 | |
| £125,000 | £3,188 | £1,327 | |
| £150,000 | £3,313 | £1,412 | |
| £175,000 | £3,444 | £1,486 | |
| £200,000 | £3,569 | £1,559 | |
| £225,000 | £3,701 | £1,627 | |
| £250,000 | £3,826 | £1,693 | |
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 £250,000 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(6).
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.
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.
| 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) | |
| £250 | £167 | £65 | |
| £500 | £206 | £79 | |
| £750 | £259 | £106 | |
| £1,000 | £295 | £124 | |
| £2,000 | £331 | £139 | |
| £3,000 | £371 | £155 | |
| £4,000 | £409 | £162 | |
| £5,000 | £445 | £175 | |
| £6,000 | £486 | £186 | |
| £7,000 | £525 | £200 | |
| £8,000 | £560 | £209 | |
| £9,000 | £602 | £223 | |
| £10,000 | £640 | £235 | |
| £15,000 | £815 | £298 | |
| £20,000 | £1,011 | £366 | |
| £25,000 | £1,187 | £432 | |
| £30,000 | £1,381 | £509 | |
| £35,000 | £1,557 | £576 | |
| £40,000 | £1,746 | £656 | |
| £45,000 | £1,923 | £704 | |
| £50,000 | £2,102 | £809 | |
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 £50,000 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(7) or under paragraph 4 of Schedule 12 to the Terrorism Act 2000(8).
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.
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.
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. In equity and title matters solicitor’s costs and counsel’s fees shall be determined in accordance with Tables 1 and 2 respectively.
| Where the value of the personalty and/or lands— | Solicitor’s costs |
|---|---|
| does not exceed £5,000 | £517 |
| exceeds £5,000 but not £10,000 | £1,092 |
| exceeds £10,000 but not £15,000 | £1,552 |
| exceeds £15,000 but not £20,000 | £2,012 |
| exceeds £20,000 but not £25,000 | £2,299 |
| exceeds £25,000 but not £35,000 | £2,529 |
| exceeds £35,000 but not £45,000 | £2,759 |
| Where the value of the personalty and/or lands— | Counsel’s fee for advising proceedings defence settling the equity civil bill and advising proofs | Counsel’s fee on the hearing of every equity civil bill or petition |
|---|---|---|
| does not exceed £5,000 | £88 | £257 |
| exceeds £5,000 but not £10,000 | £119 | £329 |
| exceeds £10,000 but not £15,000 | £146 | £440 |
| exceeds £15,000 but not £20,000 | £192 | £513 |
| exceeds £20,000 but not £25,000 | £221 | £588 |
| exceeds £25,000 but not £35,000 | £289 | £734 |
| exceeds £35,000 but not £45,000 | £355 | £882 |
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 0.0163 times their capital value or ten times their net annual value.
4. Where the subject of the proceedings is under the Rates (Northern Ireland) Order 1977 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 0.0652 times or forty times the amount which the Commissioner of Valuation certifies would be entered in a valuation list as its capital or net annual value respectively 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—
(a) 20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £23.00;
(b) more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £46.00.
Solicitor travelling to attend a court—
(a) 20 to 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £23.00;
(b) more than 50 miles from the solicitor’s office or, where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £46.00.
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.
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.
| Instructions and drawing notice of motion or certificate of application for discovery, filing and serving copy | |
| £114.00 | |
| Attending before Judge or District Judge on notice or ex parte | £57.00 |
| Drawing up list of documents under Order 15 | £40.45 (or such other amount as the Judge or District Judge may allow). |
Costs of an enforcement order under Rule 4(2) (a) of Order 40 shall be in accordance with Part 1, 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.
| Applicant’s costs of obtaining a certificate in respect of a money provision contained in a decree | ||
| £25.69 | ||
| And in addition £2.62 in respect of the affidavit together with the Commissioner’s fee (if any). | ||
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 1, Table 3 and in other cases Part 1, Table 1 or 2.
| Notice of appeal or application, services and entry | £19.13 | |
| Preparation for and attending hearing, instructing counsel (if any) and taking out order | £101.57 | |
| Counsel’s fees | £63.33 | |
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.
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.
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.
| 1. | For any affidavit of service not otherwise provided for | £2.62 |
| 2. | For any other necessary affidavit not otherwise provided for, per folio | £1.08 |
| 3. | For preparing recognizance | £3.00 |
| 4. | For drawing, issuing and having served a witness summons | £8.75 |
| 5. | For drawing costs and copies, per page | £6.48 |
| 6. | For attending taxation, per hour | £10.95” |
The County Court (Amendment) Rules (Northern Ireland) 2007