Citation, commencement and interpretation

1.  These Rules may be cited as the County Court (Amendment) Rules (Northern Ireland) 2017 and shall come into operation on 13th February 2017.

2.  In these Rules-

(a)"the principal Rules" means the County Court Rules (Northern Ireland) 1981(2); and

(b)a reference to an Order, Rule, paragraph, Appendix or Form is a reference to that Order, Rule, paragraph, Appendix or Form so numbered in the principal Rules.

Amendments to the principal Rules

3.  The principal Rules are amended as follows-

(1) In Order 15, for Rule 17 substitute-

"17.   Where a party-

(a)against whom an order is made under Rule 12 or Rule 16; or

(b)on whom interrogatories without order have been served,

fails to comply with Rule 12(4), the judge or district judge, as the case may be, may make such order as he thinks just including, in particular, an order that the action be dismissed or, as the case may be, an order that the notice of intention to defend be struck out and judgment entered accordingly."

(2) In Order 19, Rule 5 from "(a)" to "2014" substitute-

"(a)£34.10 as from 13 February 2017; or

(b)£34.61 as from 13 February 2018."

(3) In Order 21, Rule 2(2), for sub-paragraph (b) substitute-

"(b)in any other action-

(i)within twenty-eight days of service of the plaintiff's medical evidence served in accordance with Rule 39 of Order 24;

(ii)where medical evidence is served in accordance with Rules 40, 41, 47 or 48 of Order 24, within fourteen days of service of such evidence and in any case before the first day of hearing; or

(iii)in any other case, within twenty-eight days of service of the notice of intention to defend."

(4) In Order 24, Rule 9, for paragraph (7A) substitute-

"(7A) The sum to be paid or tendered under paragraph (7)(a) to-

(a)a police officer is-

(i)£13.36 as from 13 February 2017; or

(ii)£13.55 as from 13 February 2018; and

(b)any other person is-

(i)£18.81 as from 13 February 2017; or

(ii)£19.09 as from 13 February 2018."

(5) In Order 33, Rule 10, paragraph (6) from "(a)" to "2014" substitute-

"(a)£7.74 as from 13 February 2017; or

(b)£7.86 as from 13 February 2018."

(6) In Order 55, Rule 17 from "(a)" to "2014" substitute-

"(a)£2.88 as from 13 February 2017; or

(b)£2.93 as from 13 February 2018.".

(7) For Appendix 2 substitute the new Appendix 2 set out in the Schedule to these Rules.

David K McFarland

Ruth Collins

Alistair F Devlin

Patrick Mullarkey

Dated 16th January 2017

In exercise of the powers conferred by Article 47(4) of the County Courts (Northern Ireland) Order 1980, I allow these Rules.

Sealed with the Official Seal of the Department of Justice on 17th January 2017

Claire Sugden

Minister of Justice

Rule 3(7)

SCHEDULE 1

"APPENDIX 2

PART 1Ordinary 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.

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 £44.00 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 £44.00.

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 for drafting interrogatories as follows-

(a)£71.00 as from 13 February 2017; or

(b)£72.00 as from 13 February 2018.

4B.  For drafting answers to interrogatories, the solicitor or counsel, as the case may be, is entitled to an additional sum as follows-

(a)£71.00 as from 13 February 2017; or

(b)£72.00 as from 13 February 2018.

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.

7.  Where in any action or application under any of the statutory provisions listed in paragraph 6, the amount claimed exceeds £30,000 and the action or application is dismissed, 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.

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

3.  Where in any undefended action under the Consumer Credit Act 1974 the amount decreed exceeds £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 as follows-

(a)£427 as from 13 February 2017; or

(b)£434 as from 13 February 2018.

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.

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 £44.00 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 £44.00.

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 for drafting interrogatories as follows-

(a)£71.00 as from 13 February 2017; or

(b)£72.00 as from 13 February 2018.

3B.  For drafting answers to interrogatories, the solicitor or counsel, as the case may be, is entitled to an additional sum as follows-

(a)£71.00 as from 13 February 2017; or

(b)£72.00 as from 13 February 2018.

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 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).

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.

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 £44.00 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 £44.00.

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 for drafting interrogatories as follows-

(a)£71.00 as from 13 February 2017; or

(b)£72.00 as from 13 February 2018.

3B.  For drafting answers to interrogatories, the solicitor or counsel, as the case may be, is entitled to an additional sum as follows-

(a)£71.00 as from 13 February 2017; or

(b)£72.00 as from 13 February 2018.

4.  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).

PART IIRemitted actions

1.  Where a Chancery action is remitted the judge or district 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 £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.

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 £44.00 for drafting a notice for particulars.

4B.  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 £44.00.

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 for drafting interrogatories as follows-

(a)£71.00 as from 13 February 2017; or

(b)£72.00 as from 13 February 2018.

5B.  For drafting answers to interrogatories, the solicitor or counsel, as the case may be, is entitled to an additional sum as follows-

(a)£71.00 as from 13 February 2017; or

(b)£72.00 as from 13 February 2018.

6.  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).

1.  Where a Chancery action is remitted the judge or district 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 as follows-

(a)£24.11 as from 13 February 2017;

(b)£24.77 as from 13 February 2018.

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.

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 £44.00 for drafting a notice for particulars.

4B.  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 £44.00.

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 for drafting interrogatories as follows-

(a)£71.00 as from 13 February 2017; or

(b)£72.00 as from 13 February 2018.

5B.  For drafting answers to interrogatories, the solicitor or counsel, as the case may be, is entitled to an additional sum as follows-

(a)£71.00 as from 13 February 2017; or

(b)£72.00 as from 13 February 2018.

6.  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).

PART IIIEjectments

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 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).

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 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).

PART IVProceedings to annual percept, order or conviction – Order 37

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 V1Grant 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.

2A.  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 £44.00 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 £44.00.

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 for drafting interrogatories as follows-

(a)£71.00 as from 13 February 2017; or

(b)£72.00 as from 13 February 2018.

3B.  For drafting answers to interrogatories, the solicitor or counsel, as the case may be, is entitled to an additional sum as follows-

(a)£71.00 as from 13 February 2017; or

(b)£72.00 as from 13 February 2018.

4.  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).

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.

2A.  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 £44.00 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 £44.00.

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 for drafting interrogatories as follows-

(a)£71.00 as from 13 February 2017; or

(b)£72.00 as from 13 February 2018.

3B.  For drafting answers to interrogatories, the solicitor or counsel, as the case may be, is entitled to an additional sum as follows-

(a)£71.00 as from 13 February 2017; or

(b)£72.00 as from 13 February 2018.

4.  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) no exceeding £600 and counsel is entitled to an additional sum of 50% of counsel's scale fee on the amount claimed/decreed (as appropriate).

PART VIIApplication 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(3).

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.

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

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(4).

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.

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

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 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(5) or under paragraph 4 of Schedule 12 to the Terrorism Act 2000(6).

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.

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 or district 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.

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 or district 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 or district 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 or district 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 or district 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 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 £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 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).

PART IXMiscellaneous Costs

INTERPLEADER PROCEEDINGS

1.  The costs under Order 10 shall be accordance with the foregoing Rules and Tables so far as appropriate and subject to any direction by the judge or district judge.

INTERLOCUTORY APPLICATIONS

JUDGMENTS ENFORCEMENT (NORTHERN IRELAND) ORDER 1981: Part VIII

2.  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.

3.  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

HIRE-PURCHASE

4.  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 or district 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.

5.  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.

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

STATUTORY APPEALS AND APPLICATIONS

7.  The above fees may be increased at the discretion of the judge or district 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

8.  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.

9.  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 or district judge may award.

COSTS OF THE DAY

10.  If ordered by the judge or district judge on the application of any party, the costs of the day in any proceeding shall be in the discretion of the judge or district judge.

PART XOccasional Costs

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) to-

• provide for enforcement of interrogatories served without order;

• make provision for lodgements to be made after service of medical evidence other than the plaintiff's;

• amend Orders 19, 24, 33 and 55 and insert a new Appendix 2 to increase costs over a two year period (1.5% in 2017 with a further 1.5% increase to take effect in 2018).