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.

Rule 6

SCHEDULE

"APPENDIX 2

PART I Ordinary civil bills

(other than those provided for in Table 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.

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

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.

Libel and slander

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.

Libel and slander

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.

PART II Remitted actions

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.

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.

PART III Ejectments

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.

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.

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

PART V Restitution 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 VI Grant and revocation of probate or administration

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.

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.

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

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.

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

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.