County Court Rules (Northern Ireland) 1981

NOTE:

1Subject 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.

2Where 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.

3Where 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.

4Where 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.

5Where 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.

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

7The 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 or under paragraph 4 of Schedule 12 to the Terrorism Act 2000.

8Where 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(a) Where a solicitor conducts an appeal without counsel he shall, if the judge so allows, be entitled to an enhancement of his costs in addition to the scale costs in column (2) of the above table; andbthe amount of any enhancement so allowed shall be in the discretion of the judge, but shall not exceed 50% of the scale fee in column (3) of the above table to which counsel, if conducting the appeal, would have been entitled.

RESPONDENT’S COSTS

PART VIII — Equity and Title suits

PART IX — Miscellaneous Costs

INTERPLEADER PROCEEDINGS

INTERLOCUTORY APPLICATIONS

JUDGMENTS ENFORCEMENT (NORTHERN IRELAND) ORDER 1981: Part VIII

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

HIRE-PURCHASE

STATUTORY APPEALS AND APPLICATIONS

PROCEEDINGS FOR WRONGFUL INTERFERENCE WITH GOODS

COSTS OF THE DAY

PART X — Occasional Costs

1

This Table does not apply to actions for defamation.

2

Counsel travelling to attend a court—

• (a) 20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £30.00;

• (b) more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £61.00.

3A

Where the judge or district 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 £54.00 for drafting a notice for particulars.

3B

For drafting a reply to a notice for particulars, the solicitor or counsel, as the case may be, is entitled to an additional sum of £54.00.

4A

Where the judge or district 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 £89.00 for drafting interrogatories.

4B

For drafting answers to interrogatories, the solicitor or counsel, as the case may be, is entitled to an additional sum of £89.00.

5

For each day or part of a day on which a trial or hearing is continued after the first day a solicitor in attendance is entitled to an additional sum equivalent to 50% of solicitor’s scale fee on the amount claimed/decreed (as appropriate) not exceeding £600 and counsel is entitled to an additional sum of 50% of counsel’s scale fee on the amount claimed/decreed (as appropriate).

6

Where in any action or application under:

• (i) the Consumer Credit Act 1974;

• (ii) Part IV of the Sex Discrimination (Northern Ireland) Order 1976;

• (iii) Part III of the Race Relations (Northern Ireland) Order 1997;

• (iv) Part IV of the Fair Employment and Treatment (Northern Ireland) Order 1998;

• (v) Part III of the Disability Discrimination Act 1995;

• (vi) Regulations 5 to 17 of the Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006, or

• (vii) the Special Educational Needs and Disability (Northern Ireland) Order 2005,

the amount decreed exceeds £30,000, the costs may be increased by such amounts as the judge or district judge thinks proper having regard to the amount involved or the importance or difficulty of the case.

3

Where in any undefended action under the Consumer Credit Act 1974 the amount decreed exceeds £30,000, 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 £534.00.

4

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 £30.00;

• (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 £61.00.

2A

Where the judge or district 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 £54.00 for drafting a notice for particulars.

2B

For drafting a reply to a notice for particulars, the solicitor or counsel, as the case may be, is entitled to an additional sum of £54.00.

5A

Where the judge or district 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 £89.00 for drafting interrogatories.

5B

For drafting answers to interrogatories, the solicitor or counsel, as the case may be, is entitled to an additional sum of £89.00.

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 or district judge.

8

Where a suit is terminated by settlement or other arrangement at any time before the final decree, the judge or district 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 or district 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 £30.00;

• (b) more than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £61.00.

12

For each day or part of a day on which a trial or hearing is continued after the first day a solicitor in attendance is entitled to an additional sum equivalent to 50% of solicitor’s scale fee on the amount claimed/decreed (as appropriate) not exceeding £600 and counsel is entitled to an additional sum of 50% of counsel’s scale fee on the amount claimed/decreed (as appropriate).