Statutory Rules of Northern Ireland
2007 No. 500

COUNTY COURTS
The County Court (Amendment) Rules (Northern Ireland) 2007

Made
8th December 2007

Coming into operation
7th January 2008

The County Court Rules Committee makes the following Rules in exercise of the powers conferred by Article 47 of the County Courts (Northern Ireland) Order 1980(1).

Citation

1.  These Rules may be cited as the County Court (Amendment) Rules (Northern Ireland) 2007.

Amendment to the County Court Rules (Northern Ireland) 1981 (2)

2.  In Order 19 (Assessors), in rule 5 (Remuneration) for “£31.04” substitute “£32.31”.

3.  In Order 24 (Evidence)—

(a)rule 2 (Evidence to be taken orally) shall become paragraph (1) of that rule;

(b)after that paragraph insert—

“(2) The court may allow a witness to give evidence through a video link or by any other method of direct communication.”; and

(c)in rule 9 (Witness summons), in paragraph (7)(a)—

(i)for “£12.15” substitute “£12.65”; and

(ii)for “£17.12” substitute “£17.82”.

4.  In Order 33 (Decrees)—

(a)in rule 3 (Recovery of value added tax), in paragraph (2) omit “to a decree in equity proceedings or”; and

(b)in rule 10 (Stay of execution and removal thereof), in paragraph (6) for “£7.05” substitute “£7.34”.

5.  In Order 55 (Costs)—

(a)in rule 11(1)(c)—

(i)at the end of sub-paragraph (iv) omit “or”; and

(ii)after sub-paragraph (v) add the following new sub-paragraphs—

“(vi)regulations 24 or 25 of the Employment Equality (Age) Regulations (Northern Ireland) 2006; or

(vii)regulations 5 to 17 of the Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006.”; and

(b)in rule 17 (Services fee for postal service) for “£2.62” substitute “£2.73”.

6.  For Appendix 2 substitute the new Appendix 2 set out in the Schedule to these Rules.

The undersigned members of the County Court Rules Committee certify these Rules and submit them to the Lord Chancellor.

Signed

T. A. Burgess
Adrian Colton
Barry Valentine
Dorcas Crawford
Brian J. Stewart
Nigel Elliott

Dated 30th November 2007

In exercise of the powers conferred by Article 47(4) of the County Courts (Northern Ireland) Order 1980 and after consultation with the Lord Chief Justice, I allow these Rules which shall come into operation on 7th January 2008.

Signed by the authority of the Lord Chancellor

David Hanson
Minister of State
Ministry of Justice
Dated 8th December 2007

Rule 6
SCHEDULE

“APPENDIX 2

PART IOrdinary 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 £1,000
£517

(ii)
exceeds £1,000 but does not exceed £2,500
£1,092

(iii)
exceeds £2,500 but does not exceed £5,000
£1,552

(iv)
exceeds £5,000 but does not exceed £7,500
£2,012

(v)
exceeds £7,500 but does not exceed £10,000
£2,299

(vi)
exceeds £10,000 but does not exceed £12,500
£2,529

(vii)
exceeds £12,500 but does not exceed £15,000
£2,759

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)

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 £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.

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 £41.00 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 £41.00.

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:

(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; or

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

the amount decreed exceeds £15,000, 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.

7.
Where in any action or application under any of the statutory provisions listed in paragraph 6, the amount claimed exceeds £15,000 and the action or application is dismissed, 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.

(i)
does not exceed £1,000
£173

(ii)
exceeds £1,000 but does not exceed £2,500
£253

(iii)
exceeds £2,500 but does not exceed £5,000
£368

(iv)
exceeds £5,000 but does not exceed £7,500
£460

(v)
exceeds £7,500 but does not exceed £10,000
£540

(vi)
exceeds £10,000 but does not exceed £12,500
£615

(vii)
exceeds £12,500 but does not exceed £15,000
£690

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)

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 9 (“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 £15,000, 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 £405.

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 £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 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.

(i)
does not exceed £500
£76

(ii)
exceeds £500 but does not exceed £1,000
£120

(iii)
exceeds £1,000 but does not exceed £2,000
£150

(iv)
exceeds £2,000 but does not exceed £3,000
£172

(v)
exceeds £3,000 but does not exceed £4,000
£187

(vi)
exceeds £4,000 but does not exceed £5,000
£208

(vii)
exceeds £5,000 but does not exceed £6,000
£232

(viii)
exceeds £6,000 but does not exceed £7,000
£253

(ix)
exceeds £7,000 but does not exceed £8,000
£273

(x)
exceeds £8,000 but does not exceed £9,000
£289

(xi)
exceeds £9,000 but does not exceed £10,000
£305

(xii)
exceeds £10,000 but does not exceed £12,500
£331

(xiii)
exceeds £12,500 but does not exceed £15,000
£366

Libel and slander

Table 3: Plaintiff’s Costs

In actions where amount decreed—

Solicitor’s

costs

Counsel’s

fee

(1)
(2)
(3)

1.
Counsel travelling to attend a 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.

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 £41.00 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 £41.00.

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.

(i)
does not exceed £500
£514
£221

(ii)
exceeds £500 but does not exceed £1,000
£603
£330

(iii)
exceeds £1,000 but does not exceed £1,500
£690
£410

(iv)
exceeds £1,500 but does not exceed £2,000
£822
£514

(v)
exceeds £2,000 but does not exceed £2,500
£932
£611

(vi)
exceeds £2,500 but does not exceed £3,000
£1,046
£701

Libel and slander

Table 4: Defendant’s Costs

In actions where amount claimed—

Solicitor’s

costs

Counsel’s

fee

(1)
(2)
(3)

1.
Counsel travelling to attend a 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 £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.

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 £41.00 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 £41.00.

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.

(i)
does not exceed £500
£499
£221

(ii)
exceeds £500 but does not exceed £1,000
£589
£330

(iii)
exceeds £1,000 but does not exceed £1,500
£677
£410

(iv)
exceeds £1,500 but does not exceed £2,000
£807
£514

(v)
exceeds £2,000 but does not exceed £2,500
£915
£611

(vi)
exceeds £2,500 but does not exceed £3,000
£1,031
£701

PART IIRemitted actions

Table 1: Plaintiff’s Costs

In actions where amount decreed—
Solicitor’s costs

(1)
(2)

(i)
does not exceed £1,000
£517

(ii)
exceeds £1,000 but does not exceed £2,500
£1,092

(iii)
exceeds £2,500 but does not exceed £5,000
£1,552

(iv)
exceeds £5,000 but does not exceed £7,500
£2,012

(v)
exceeds £7,500 but does not exceed £10,000
£2,299

(vi)
exceeds £10,000 but does not exceed £12,500
£2,529

(vii)
exceeds £12,500 but does not exceed £15,000
£2,759

In actions where amount decreed—
Counsel’s fee

(1)
(3)

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—

(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.

3.
Where the amount decreed exceeds £15,000, 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 £41.00 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 £41.00.

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.

(i)
does not exceed £1,000
£173

(ii)
exceeds £1,000 but does not exceed £2,500
£253

(iii)
exceeds £2,500 but does not exceed £5,000
£368

(iv)
exceeds £5,000 but does not exceed £7,500
£460

(v)
exceeds £7,500 but does not exceed £10,000
£540

(vi)
exceeds £10,000 but does not exceed £12,500
£615

(vii)
exceeds £12,500 but does not exceed £15,000
£690

Table 2: Defendant’s Costs

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 £23.13.

3.
Counsel travelling to attend a 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.

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 £41.00 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 £41.00.

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.

Solicitor’s costs
£2,759

Counsel’s fee
£690

provided, however, that where no specific sum or a sum exceeding £15,000 is claimed, the Judge, having regard to the importance or difficulty of the case or to the amount involved, may increase the above amount.

PART IIIEjectments

Table 1: Plaintiff’s Costs

Solicitor’s costs
Counsel’s fee

(1)
(2)
(3)

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—

(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.

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.

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(3)

£127
£62

In other cases—

where the valuation

(a)
does not exceed—

(i)
in the case where the lands have a net annual value, £4,060;
£309
£118

(ii)
in the case where the lands have a capital value, £400,000;

and where the lands have a net annual value and a capital value, both conditions in paragraph (i) and (ii) are satisfied;

(b)
exceeds—

(i)
in the case where the lands have a net annual value, £4,060;
£440
£221

(ii)
in the case where the lands have a capital value, £400,000;

and where the lands have a net annual value and a capital value, both conditions in paragraph (i) and (ii) are satisfied.

Table 2: Defendant’s Costs

Solicitor’s costs
Counsel’s fee

(1)
(2)
(3)

1.
Counsel travelling to attend a 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.

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.

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(4)

£127
£62

In other cases—

where the valuation

(a)
does not exceed—

(i)
in the case where the lands have a net annual value, £4,060;
£309
£118

(ii)
in the case where the lands have a capital value, £400,000;

and where the lands have a net annual value and a capital value, both conditions in paragraph (i) and (ii) are satisfied;

(b)
exceeds—

(i)
in the case where the lands have a net annual value, £4,060;
£440
£221

(ii)
in the case where the lands have a capital value, £400,000;

and where the lands have a net annual value and a capital value, both conditions in paragraph (i) and (ii) are satisfied.

PART IVProceedings to annul precept, order or conviction – Order 37

Instructions, drawing notice and copy
£19.40

Entry, preparation for and attending hearing
£64.08

Drawing order
£5.82

PART VRestitution of possession

Where the application for restitution is opposed and is refused, Part 3, 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 VIGrant and revocation of probate or administration

Table 1: Plaintiff’s Costs

Where the net estate—
Solicitor’s costs
Counsel’s fee

(1)
(2)
(3)

1.
Counsel travelling to attend a 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.

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 £41.00 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 £41.00.

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.

(i)
does not exceed £10,000
£353
£264

(ii)
exceeds £10,000 but not £20,000
£485
£330

(iii)
exceeds £20,000 but not £30,000
£647
£368

(iv)
exceeds £30,000 but not £40,000
£797
£404

(v)
exceeds £40,000 but not £45,000
£938
£435

Table 2: Defendant’s Costs

Where the net estate—
Solicitor’s costs

Counsel’s fee

(1)
(2)
(3)

1.
Counsel travelling to attend a 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.

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 £41.00 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 £41.00.

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.

(i)
does not exceed £10,000
£339
£264

(ii)
exceeds £10,000 but not £20,000
£470
£330

(iii)
exceeds £20,000 but not £30,000
£631
£368

(iv)
exceeds £30,000 but not £40,000
£783
£404

(v)
exceeds £40,000 but not £45,000
£924
£435

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

Table 1: Applicant’s Costs

Where amount awarded—

Solicitor’s costs

Counsel’s fee

(1)
(2)
(3)

1.
If claim is settled and attendance of applicant’s solicitor is 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 £10,000, the Judge shall, unless the parties otherwise agree, certify the amount for solicitor’s costs and the amount allowed for counsel’s fees.

(i)
does not exceed £30
£24
£9

(ii)
exceeds £30 but does not exceed £75
£44
£24

(iii)
exceeds £75 but does not exceed £150
£77
£30

(iv)
exceeds £150 but does not exceed £300
£120
£40

(v)
exceeds £300 but does not exceed £500
£132
£43

(vi)
exceeds £500 but does not exceed £1,000
£157
£45

(vii)
exceeds £1,000 but does not exceed £2,000
£175
£65

(viii)
exceeds £2,000 but does not exceed £3,500
£200
£77

(ix)
exceeds £3,500 but does not exceed £5,000
£219
£91

(x)
exceeds £5,000 but does not exceed £5,500
£230
£93

(xi)
exceeds £5,500 but does not exceed £6,000
£240
£100

(xii)
exceeds £6,000 but does not exceed £6,500
£254
£102

(xiii)
exceeds £6,500 but does not exceed £7,000
£263
£109

(xiv)
exceeds £7,000 but does not exceed £7,500
£274
£117

(xv)
exceeds £7,500 but does not exceed £8,000
£286
£120

(xvi)
exceeds £8,000 but does not exceed £8,500
£299
£123

(xvii)
exceeds £8,500 but does not exceed £9,000
£308
£132

(xviii)
exceeds £9,000 but does not exceed £9,500
£317
£135

(xix)
exceeds £9,500 but does not exceed £10,000
£327
£142

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)

NOTE:

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 £1,000,000 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(5).

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.

(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; and

(b)
the amount of any enhancement 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.

£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
£1,925
£704

£50,000
£2,102
£809

£60,000
£2,384
£935

£70,000
£2,662
£1,064

£80,000
£2,933
£1,197

£90,000
£3,214
£1,341

£100,000
£3,479
£1,478

£125,000
£3,658
£1,574

£150,000
£3,851
£1,680

£175,000
£4,040
£1,812

£200,000
£4,221
£1,896

£250,000
£4,589
£2,111

£300,000
£4,680
£2,173

£350,000
£4,772
£2,227

£400,000
£4,856
£2,282

£450,000
£4,948
£2,336

£500,000
£5,037
£2,398

£600,000
£5,224
£2,519

£700,000
£5,403
£2,637

£800,000
£5,588
£2,757

£900,000
£5,775
£2,888

£1,000,000
£5,952
£3,013

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)

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.

7.

(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; and

(b)
the 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.

£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

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)

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.

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; and

(b)
the 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.

£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

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.

PART VIIIEquity 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.  In equity and title matters solicitor’s costs and counsel’s fees shall be determined in accordance with Tables 1 and 2 respectively.

Table 1

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

Table 2

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.

PART IXMiscellaneous 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

£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).

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 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.


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

£25.69

And in addition £2.62 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 1, Table 3 and in other cases Part 1, Table 1 or 2.


STATUTORY APPEALS AND APPLICATIONS

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.


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 XOccasional Costs

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”

EXPLANATORY NOTE

(This note is not part of the Rules)
These Rules amend the County Court Rules (Northern Ireland) 1981 [S.R. 1981 No. 225] (“the principal Rules”) to:

make provision for the court to allow a witness to give evidence by video link or by any other means of direct communication;

make provision for enhancement of costs in an action brought under the Employment Equality (Age) Regulations (Northern Ireland) 2006 or the Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006;

uplift by 4.08% (rounded where appropriate) certain costs in the body of the principal Rules and the scale costs for solicitor and counsel prescribed in Appendix 2 of the principal Rules; and

amend Order 33, rule 3 (Recovery of value added tax) to apply that rule to a decree in equity proceedings.

(1)
S.I. 1980/397 (N.I.3) to which the most recent relevant amendments were made by the Constitutional Reform Act 2005 (c.4).

(2)
S.R. 1981 No. 225 to which the most recent relevant amendments were made by S.R. 2006 No. 521.

(3)
S.I. 1978/1050 (N.I.20).

(4)
S.I. 1978/1050 (N.I.20).

(5)
S.I. 1977/1247 (N.I.14).

(6)
S.I. 1988/793 (N.I.4).

(7)
1996 c.22.

(8)
2000 c.11.