S.I. No. 261/1948 -- Circuit Court Rules, 1948.
1948
261
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S.I. No. 261/1948:
CIRCUIT COURT RULES, 1948.
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CIRCUIT COURT RULES, 1948.
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We, the Circuit Court Rules Committee, constituted pursuant to the provisions of Section 69 of the Courts of Justice Act, 1936 , by virtue of the powers conferred upon us by Section 66 of the Courts of Justice Act, 1924 , and Section 70 of the Courts of Justice Act, 1936 , and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice, make the annexed Rules of Court.
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Dated this 1st day of April, 1948.
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| Signed : |
W. G. SHANNON. |
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W. J. GLEESON. |
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PATRICK J. ROE. |
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E. C. MICKS. |
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ROGER O'HANRAHAN. |
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SEÁN O H-UADHAIGH. |
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JOSEPH P. TYRRELL. |
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MICHEÁL Ó CLEIRIGH. |
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I concur in the making of the annexed Rules of Court.
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Dated this 7th day of September, 1948.
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(Signed) SEÁN MacEOIN.
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Minister for Justice.
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RULES OF COURT.
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1. These Rules may be referred to as the Circuit Court Rules, 1948, and shall be read with the existing Rules of the Circuit Court, and be deemed to be incorporated therewith, and shall, so far as inconsistent therewith, amend or alter the said Rules accordingly.
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2. The costs and Counsel's fees, specified in the Scales set forth in the Schedules to these Rules shall be the lawful costs, fees, charges and emoluments, as between Party and Party, for the business therein provided for, and, unless the Judge shall otherwise order under rules 13, 14 and 15 of Order XL of the Circuit Court Rules, 1930, no other costs, fees, charges or emoluments shall be recoverable therefor.
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3. These Rules shall come into operation on the 1st day of October, 1948, and shall apply to all work done and business transacted in the Circuit Court of Justice as and from that date.
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FIRST SCHEDULE.
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PART I.
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SECTION A.
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COSTS OF ACTIONS IN CONTRACT AND IN TORT (OTHER THAN LIBEL).
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Plaintiff's costs
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Where the amount recovered, or, in the case of a dismiss, the amount sued for :--
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Defendant's Costs
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does not exceed £50
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exceeds £50 but does not exceed £75
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exceeds £75 but does not exceed £100
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(1)
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(2)
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(3)
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£
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s.
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d.
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£
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s.
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d.
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£
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s.
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d.
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Instructions and drawing Civil Bill and copy for service
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1
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0
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0
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1
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15
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0
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2
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5
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0
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Instructions and entering Appearance and Defence.
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Each extra copy of Civil Bill where more than one Defendant
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0
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3
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0
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0
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3
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0
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0
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3
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0
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--
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Entering Civil Bill
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0
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10
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0
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0
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10
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0
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0
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10
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0
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--
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Perusing Defence, instructions for hearing, preparing proofs and attendance on Witnesses, such sum as the County Registrar may allow, not being less than
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1
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13
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4
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2
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0
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0
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3
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0
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0
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Instructions for hearing, preparing proofs and attendance on witnesses, such sum as the County Registrar may allow, not being less than
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Notice of Trial
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0
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13
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4
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0
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13
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4
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0
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13
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4
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Notice of Trial (if not served by Plaintiff).
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Attending Court when case in List but not reached
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0
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13
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4
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0
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13
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4
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1
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0
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0
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Attending Court when case in List but not reached
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For each day or part of a day of the hearing
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1
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6
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8
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1
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10
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0
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2
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0
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0
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For each day or part of a day of the hearing.
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Attending to hear a reserved Judgment
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0
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10
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0
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0
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10
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0
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0
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10
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0
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Attending to hear a reserved Judgment.
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Entering Judgment
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0
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13
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4
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0
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13
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4
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0
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13
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4
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Entering Judgment dismissing action.
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Counsel's brief (if prepared)
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0
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13
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4
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1
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0
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0
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1
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10
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0
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Counsel's brief (if prepared).
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SECTION B.
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In actions in Contract and in Tort (other than libel) where the amount recovered, or, in the case of a dismiss, the amount sued for, exceeds £100, the costs shall be taxed on the scale of costs obtaining in the High Court on the 1st day of January, 1932, less one-fifth.
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PART II.
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COSTS OF ENTERING JUDGMENT IN THE OFFICE BY DEFAULT OR ON CONSENT.
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Where the amount for which judgment is entered :--
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exceeds £25 but does not exceed £50
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exceeds £50 but does not exceed £75
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exceeds £75 but does not exceed £100
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exceeds £100
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(1)
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(2)
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(3)
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(4)
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£
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s.
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d.
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£
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s.
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d.
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£
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s.
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d.
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£
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s.
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d.
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1) By default of appearance, or on consent
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3
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0
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0
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3
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10
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0
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4
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5
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0
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5
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10
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0
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2) By default of defence
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3
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10
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0
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4
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0
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0
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4
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15
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0
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6
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0
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0
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PART III
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COSTS OF EJECTMENT PROCEEDINGS FOR NON-PAYMENT OF RENT OR FOR OVERHOLDING, OR OF A DISMISS IN SUCH PROCEEDINGS.
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Plaintiff's Costs
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Where rent does not exceed £50 per annum (1)
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Where rent exceeds £50 but does not exceed £75 per annum (2)
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Where rent exceeds £75 per annum (3)
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Defendant's Costs
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(1)
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(2)
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(3)
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£
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s.
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d.
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£
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s.
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d.
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£
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s.
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d.
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Instructions and perusing documents, drawing Civil Bill and copy for service
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1
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5
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0
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1
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10
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0
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2
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0
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0
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Instructions and entering Appearance and Defence.
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Extra copy of Civil Bill where required
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0
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2
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6
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0
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2
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6
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0
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2
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6
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--
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Entering Civil Bill
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0
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5
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0
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0
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7
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6
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0
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10
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0
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--
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Motion for Judgment, including Notice, Affidavits, copies, service and filing
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1
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10
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0
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2
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0
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0
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3
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0
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0
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--
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Perusal of Defence, instructions for hearing, preparing proofs and attendance on witnesses
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1
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10
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0
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2
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0
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0
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3
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0
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0
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Instructions for hearing, preparing proofs and attendance on witnesses.
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Notice of Trial
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0
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10
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0
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0
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10
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0
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0
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10
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0
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Notice of Trial (if not served by Plaintiff).
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Attending Court when case in List but not reached
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0
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10
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0
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0
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15
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0
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1
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0
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0
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Attending Court when case in List but not reached.
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Attending to hear a reserved Judgment
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0
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10
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0
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0
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15
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0
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1
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0
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0
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Attending to hear a reserved Judgment.
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Attending on motion for Judgment, or in Court, for each day or part of a day of the hearing
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1
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6
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8
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2
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10
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0
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3
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0
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0
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Attending on motion for Judgment, or in Court for each day or part of a day of the hearing.
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Entering Judgment
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0
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10
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0
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0
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10
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0
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0
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10
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0
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Entering Judgment dismissing action.
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Counsel's Brief (if prepared)
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0
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15
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0
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1
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0
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0
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1
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5
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0
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Counsel's Brief (if prepared).
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PART IV.
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COSTS IN ACTIONS ON THE TITLE AND IN EJECTMENTS ON THE TITLE.
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Plaintiff's Costs
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Where the Poor Law Valuation :--
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Defendant's Costs
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does not exceed £5
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exceeds £5 but does not exceed £15
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exceeds £15 but does not exceed £30
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exceeds £30
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(1)
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(2)
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(3)
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(4)
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£
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s.
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d.
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£
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s.
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d.
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£
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s.
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d.
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£
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s.
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d.
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Instructions and investigation of Plaintiff's Claim, drawing Civil Bill and copy for service
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1
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0
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0
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2
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10
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0
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3
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0
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0
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4
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0
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0
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Instructions and entering Appearance and Defence.
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Extra Copy of Civil Bill where required
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0
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1
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0
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0
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2
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6
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0
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2
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6
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0
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2
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6
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--
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Entering Civil Bill
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0
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10
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0
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0
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10
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0
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0
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10
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0
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0
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10
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0
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--
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Perusing Defence, instructions for hearing, preparing proofs and attendance on witnesses, such sum as the County Registrar may allow, not being less than
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2
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0
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0
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3
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0
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0
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4
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0
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0
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5
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0
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0
|
Instructions for hearing, preparing proofs and attendance on witnesses, such sum as the County Registrar may allow, not being less than
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Notice of Trial
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0
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5
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0
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0
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10
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0
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0
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10
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0
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0
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10
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0
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Notice of Trial (if not served by Plaintiff).
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Attending Court when case in List but not reached
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0
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10
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0
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0
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15
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0
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1
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0
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0
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1
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0
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0
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Attending Court when case in List but not reached.
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Attending Court for each day or part of a day of the hearing
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1
|
0
|
0
|
1
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5
|
0
|
1
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15
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0
|
2
|
10
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0
|
Attending Court for each day or part of a day of the hearing.
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|
Attending to hear a reserved Judgment
|
0
|
10
|
0
|
0
|
10
|
0
|
0
|
10
|
0
|
0
|
10
|
0
|
Attending to hear a reserved Judgment.
|
|
Entering Judgment
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0
|
5
|
0
|
0
|
10
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0
|
0
|
10
|
0
|
0
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10
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0
|
Entering Judgment.
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Counsel's Brief (if prepared)
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0
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5
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0
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0
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15
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0
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1
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15
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0
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2
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0
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0
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Counsel's Brief (if prepared).
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PART V.
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COSTS IN INTERPLEADER.
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Applicant's or Plaintiff's costs
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Where the value of the property in question :--
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Claimant's costs
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exceeds £25 but does not exceed £50
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exceeds £50 but does not exceed £75
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exceeds £75 but does not exceed £100
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(1)
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(2)
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(3)
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£
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s.
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d.
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£
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s.
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d.
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£
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s.
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d.
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Instructions and drawing Summons in Interpleader and copy for service
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1
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0
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0
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1
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10
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0
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2
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0
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0
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--
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Extra copy of Summons where required
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0
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2
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6
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0
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2
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6
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0
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2
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6
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--
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Instructions for hearing, preparing proofs, and attendances on witnesses
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1
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10
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0
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2
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0
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0
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2
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10
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0
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Instructions for hearing, preparing proofs, and attendances on witnesses.
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Attending on hearing of Summons
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2
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0
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0
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2
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15
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0
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4
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0
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0
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Attending on hearing of Summons.
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Entering Judgment
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0
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10
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6
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0
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12
|
6
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0
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15
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0
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Entering Judgment.
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Brief for Counsel (if prepared)
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0
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13
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4
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1
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0
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0
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1
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6
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8
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Brief for Counsel (if prepared).
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PART VI.--EQUITY COSTS.
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Lower Scale
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Higher Scale
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Where the value of the personalty and lands does not exceed £200
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Where the value of the personalty and lands exceeds £200 but does not exceed £500
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£
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s.
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d.
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£
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s.
|
d.
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|
Instructions for Civil Bill or Defence, advising thereon, taking instructions for hearing, advising proofs and attending and instructing Counsel when employed
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15
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0
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1
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15
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0
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|
Letter to Defendant before the institution of proceedings
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3
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9
|
|
3
|
9
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|
Drawing Civil Bill or Statement of Defence, and copy for service, and instructing Counsel, when employed
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7
|
6
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|
17
|
6
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For each additional copy of Civil Bill for service, when required
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2
|
0
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2
|
0
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Entering Civil Bill or Defence and attending the hearing, with or without Counsel, and for all charges (save Brief for Counsel) up to the Decree, and taking out same
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1
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10
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0
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3
|
10
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0
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Briefs, Drafts and Copies.
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Brief for Counsel of necessary documents : 6d. per folio, but in no case to exceed £1 10s 0d.
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Drawing any affidavit, account, Order or other document necessary or proper for the purpose of any proceeding, or which may be directed by the Judge, and in respect of which no allowance is included in or provision made by any other item herein contained : 6d. per folio
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For copies of all necessary documents used in Court or required by the Judge : 4½d. per folio of 72 words (no such document to be allowed for on taxation unless marked by the Court Registrar as used).
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PART VI.--EQUITY COSTS--continued.
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Lower Scale
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Higher Scale
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Where the value of the personalty and lands does not exceed £200
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Where the value of the personalty and lands exceeds £500
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£
|
s.
|
d.
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£
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s.
|
d.
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Costs in the Office
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Fee to the Solicitor for the Plaintiff, Petitioner or party having carriage of the proceedings : In all cases of account or inquiry directed by any Decree or Order to be taken or made before the County Registrar, and in lieu of all other costs and charges incurred between the Primary Decree and the termination of the taking of such account or the making of such inquiry :--
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|
|
|
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Where the value of the subject matter of the suit shall not exceed £100
|
3
|
0
|
0
|
|
|
|
|
Where such value shall exceed £100 but shall not exceed £200
|
4
|
10
|
0
|
|
|
|
|
Where such value shall exceed £200 but shall not exceed £500
|
--
|
8
|
10
|
0
|
|
Fee to the Solicitor for the Defendant : In all cases of account or inquiry, directed by a Decree or Order to be taken before the County Registrar and in lieu of all other costs and charges incurred between the date of the Primary Decree and the termination of the taking of such account or the making of such inquiry, there shall be allowed to each party, other than the party having carriage of the proceedings, on the taxation of the costs, regard being had to the work properly performed, such sum as the County Registrar shall think reasonable and just not exceeding the allowance to the Plaintiff hereinbefore provided.
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Attending with or without Counsel, and, in case of entering the suit for further consideration, taking out the Decree or Dismiss and for all other charges (save costs in the Office or Brief for Counsel) up to the conclusion of suit
|
1
|
10
|
0
|
3
|
10
|
0
|
|
When a Receiver is appointed by or under a Decree or Order of the Court :--
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|
|
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For all costs and charges in relation to the completion of the security and appointment of the Receiver
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1
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10
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0
|
3
|
10
|
0
|
|
For instructions for the account of a Receiver, drawing and preparing same and all attendances to lodge, vouch and pass the same, and the distribution or application of the balance
|
1
|
10
|
0
|
3
|
10
|
0
|
|
For filling up any Bond, recognizance, or document of a like nature in respect of which no allowance is included in, or provision made by, any other item herein contained.
|
|
3
|
9
|
|
3
|
9
|
|
|
|
PART VI.--EQUITY COSTS--continued.
|
|
|
|
|
|
|
|
Lower Scale
|
Higher Scale
|
|
Lower Scale Where the value of the personalty and lands does not exceed £200
|
Higher Scale Where the value of the personalty and lands exceeds £200 but does not exceed £500
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
Lodgment of money, transfer of Stock or deposit of security in trust to attend the Orders of the Court under the Trustee Acts :--
|
|
|
|
|
|
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|
Instructions and attendances, drawing, engrossing and filing affidavit, obtaining certificate, paying in the money, transferring the stock, or depositing the security, and all other charges
|
1
|
10
|
0
|
3
|
10
|
0
|
|
Instructions and attendances, drawing, engrossing and filing Petition for Order to invest, notice and copies thereof, attending the Judge, and taking out the Order to invest, and all other charges of and incidental to investment
|
1
|
10
|
0
|
3
|
10
|
0
|
|
Instructions and attendances, drawing and filing Petition for Order to pay out or distribute a fund or the income thereof, entering and attending the hearing, and taking out the Order, and all other charges
|
1
|
10
|
0
|
3
|
10
|
0
|
|
For each copy of a Petition to pay out or distribute, actually served, including the Notice of hearing.
|
|
3
|
9
|
|
3
|
9
|
|
Instructions for, and drawing, engrossing and filing a Petition relating to the maintenance, or advancement of, or for the protection of the property of an infant, entering and attending the hearing and taking out the Order, and all other charges
|
1
|
10
|
0
|
3
|
10
|
0
|
|
For each copy of Petition actually served, including notice of hearing
|
|
3
|
9
|
|
3
|
9
|
|
Interlocutory applications and attendances :--
|
|
|
|
|
|
|
|
For attending before the Judge on any interlocutory application (and instructing Counsel, when employed) when certified by the Judge
|
1
|
1
|
0
|
1
|
1
|
0
|
|
For every proper and necessary attendance upon the Judge or by his direction in relation to any matter in respect of which no allowance is included or provision made by any other item herein contained
|
|
7
|
6
|
|
15
|
0
|
|
|
|
PART VII.
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|
COSTS IN PROBATE MATTERS AND ACTIONS.
|
|
|
|
|
|
|
Plaintiff's Costs
|
Where the Annual Value of the Lands or the value of the Personal Estate or Personalty involved does not exceed :--
|
Defendant's Costs
|
|
Annual Value £15 or Personal Estate £200
|
Annual Value £30 or Personal Estate £500
|
Annual Value £60 or Personal Estate £1,000
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
|
Instructions for proceedings, drawing Civil Bill, making copy for service, attendance to file original with County Registrar and preparation, completion and lodgment of Affidavit of Jurisdiction and Affidavit of next of kin
|
2
|
10
|
0
|
4
|
10
|
0
|
6
|
0
|
0
|
Instructions and entering Appearance and drawing Defence, making copies for Court file and for service, and lodgment of copy with County Registrar.
|
|
Extra copy of Civil Bill where more than one Defendant
|
0
|
2
|
6
|
0
|
2
|
6
|
0
|
2
|
6
|
----
|
|
Perusing Defence, Instructions for hearing, preparing proofs and attendance on Witnesses, such sum as the County Registrar may allow, not being less than
|
3
|
15
|
0
|
7
|
10
|
0
|
10
|
0
|
0
|
Perusing Defence, Instructions for hearing, preparing proofs and attendance on Witnesses, such sum as the County Registrar may allow not being less than
|
|
Notice of Trial
|
0
|
10
|
0
|
0
|
10
|
0
|
0
|
10
|
0
|
Notice of Trial (if not served by Plaintiff).
|
|
Brief for Counsel (if prepared)
|
1
|
5
|
0
|
2
|
10
|
0
|
3
|
0
|
0
|
Brief for Counsel (if prepared)
|
|
Attending Court on hearing, each day
|
2
|
10
|
0
|
3
|
0
|
0
|
3
|
10
|
0
|
Attending Court on hearing, each day.
|
|
Attending when case in List but not reached
|
0
|
10
|
0
|
0
|
15
|
0
|
1
|
0
|
0
|
Attending when case in List but not reached.
|
|
Drawing Order and entering Judgment, including attendance to have Order signed by County Registrar
|
0
|
15
|
0
|
1
|
0
|
0
|
1
|
5
|
0
|
Drawing Order and entering Judgment including attendance to have Order signed by County Registrar.
|
|
|
|
PART VIII.
|
|
|
RENT RESTRICTIONS ACT, 1946 .
|
|
|
In any case under the Rent Restrictions Act, 1946 , in which costs are allowed, the Judge shall in his discretion award same under the 1st, 2nd or 3rd Column of the following scale, and, in exercising such discretion, the Judge shall in particular have regard to the amount of rent involved.
|
|
|
|
|
|
|
Applicant's Costs
|
(1)
|
(2)
|
(3)
|
Respondent's Costs
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
|
Instructions and perusing documents and drawing notice of application
|
1
|
0
|
0
|
1
|
5
|
0
|
2
|
0
|
0
|
Instructions to oppose application and perusing Notice.
|
|
Engrossing Notice of application and copies thereof and filing for Entry
|
0
|
10
|
0
|
0
|
10
|
0
|
0
|
10
|
0
|
Filing for Entry if applicant makes default.
|
|
Preparing proofs and attendance on witnesses
|
1
|
0
|
0
|
1
|
15
|
0
|
2
|
10
|
0
|
Preparing proofs and attendance on witnesses.
|
|
Brief for Counsel (if prepared)
|
0
|
15
|
0
|
1
|
5
|
0
|
2
|
0
|
0
|
Brief for Counsel (if prepared).
|
|
Attending Court on the hearing
|
1
|
0
|
0
|
2
|
0
|
0
|
3
|
0
|
0
|
Attending Court on the hearing.
|
|
Attending when case in List but not reached
|
0
|
10
|
0
|
0
|
15
|
0
|
1
|
0
|
0
|
Attending when case in List but not reached.
|
|
Drawing Order and entering
|
0
|
10
|
0
|
0
|
10
|
0
|
0
|
10
|
0
|
Drawing Order and entering.
|
|
|
|
PART IX.
|
|
|
APPLICATIONS FOR COMPENSATION FOR CRIMINAL INJURIES.
|
|
|
(a) Applicant's Solicitor.
|
|
|
In all cases where the amount of compensation recovered does not exceed £5, the Judge shall allow such sum not exceeding £1 10s. 0d as he may think reasonable to cover all charges, exclusive of outlay.
|
|
|
In all cases where the amount of compensation recovered exceeds £5, but does not exceed £10, the Judge shall allow such sum not exceeding £2 10s. 0d. as he may think reasonable to cover all charges, exclusive of outlay
|
|
|
In all cases where the amount of compensation recovered exceeds £10, but does not exceed £25, the Judge shall allow such sum not exceeding £3 10s. 0d. as he may think reasonable to cover all charges, exclusive of outlay.
|
|
|
|
|
|
|
Where the amount of Compensation recovered exceeds £25, but does not exceed £50.
|
Where the amount of Compensation recovered exceeds £50, but does not exceed £100.
|
Where the amount of Compensation recovered exceeds £100, but does not exceed £500.
|
Where the amount of Compensation recovered exceeds £500, but does not exceed £1,000.
|
Where the amount of Compensation recovered exceeds £1,000
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
For preparing Preliminary Notice and advising thereon
|
1
|
0
|
0
|
1
|
10
|
0
|
2
|
0
|
0
|
3
|
0
|
0
|
3
|
10
|
0
|
|
For each copy of the Preliminary Notice served.
|
0
|
2
|
6
|
0
|
2
|
6
|
0
|
2
|
6
|
0
|
2
|
6
|
0
|
2
|
6
|
|
For preparing and signing Notice of Application to the Court
|
0
|
7
|
6
|
0
|
7
|
6
|
1
|
0
|
0
|
1
|
0
|
0
|
1
|
10
|
0
|
|
For each copy of Notice of Application served
|
0
|
2
|
6
|
0
|
2
|
6
|
0
|
2
|
6
|
0
|
2
|
6
|
0
|
2
|
6
|
|
For instructions, taking particulars of evidence, attendance on witnesses, preparing proofs, such sum as the County Registrar may allow, not being less than
|
1
|
10
|
0
|
2
|
10
|
0
|
3
|
0
|
0
|
6
|
0
|
0
|
10
|
0
|
0
|
|
Attending Court for each day or part of a day of the hearing
|
1
|
6
|
8
|
2
|
0
|
0
|
2
|
10
|
0
|
4
|
0
|
0
|
4
|
0
|
0
|
|
Attending when case in List but not reached.
|
0
|
13
|
4
|
0
|
13
|
4
|
1
|
0
|
0
|
1
|
0
|
0
|
1
|
0
|
0
|
|
Attending to hear a reserved Judgment
|
0
|
10
|
0
|
0
|
10
|
0
|
1
|
0
|
10
|
1
|
0
|
0
|
1
|
0
|
0
|
|
For drawing and signing Decree or Order
|
0
|
10
|
0
|
0
|
10
|
0
|
0
|
10
|
0
|
0
|
10
|
0
|
0
|
10
|
0
|
|
Brief four Counsel (if prepared)
|
0
|
13
|
4
|
1
|
0
|
0
|
1
|
10
|
0
|
2
|
0
|
0
|
2
|
10
|
0
|
|
|
|
|
|
|
|
|
First Copy Brief at 6d. per folio and
Second Copy Brief at 3d. per folio.
|
|
|
|
|
|
(b) Respondent's Solicitor.
|
|
|
In all cases where the amount of compensation claimed does not exceed £5, the Judge shall allow such sum, not exceeding £1 10s. 0d. as he may think reasonable to cover all charges, exclusive of outlay.
|
|
|
In all cases where the amount of compensation claimed exceeds £5, but does not exceed £10, the Judge shall allow such sum, not exceeding £2 10s. 0d. as he may think reasonable to cover all charges, exclusive of outlay.
|
|
|
In all cases where the amount of compensation claimed exceeds £10, but does not exceed £25, the Judge shall allow such sum, not exceeding £3 10s. 0d. as he may think reasonable to cover all charges, exclusive of outlay.
|
|
|
|
|
|
|
Where the sum claimed exceeds £25, but does not exceed £50
|
Where the sum claimed exceeds £50, but does not exceed £100
|
Where the sum claimed exceeds £100, but does not exceed £500
|
Where the sum claimed exceeds £500, but does not exceed £1,000
|
Where the sum claimed exceeds £1,000
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
For instructions for opposing application and advising thereon.
|
0
|
10
|
0
|
0
|
15
|
0
|
1
|
0
|
0
|
1
|
5
|
0
|
2
|
0
|
0
|
|
For instructions for hearing, taking particulars of evidence, attendance on witnesses and preparing proofs such sum as the County Registrar may allow, not being less than
|
1
|
10
|
0
|
2
|
10
|
0
|
5
|
0
|
0
|
6
|
0
|
0
|
10
|
0
|
0
|
|
For attending in Court for each day, or part of a day, of the hearing
|
1
|
6
|
8
|
2
|
0
|
0
|
2
|
10
|
0
|
4
|
0
|
0
|
4
|
0
|
0
|
|
Attending when case in List but not reached.
|
0
|
13
|
4
|
0
|
13
|
4
|
1
|
0
|
0
|
1
|
0
|
0
|
1
|
0
|
0
|
|
Attending to hear a reserved judgment.
|
0
|
10
|
0
|
0
|
10
|
0
|
1
|
0
|
0
|
1
|
0
|
0
|
1
|
0
|
0
|
|
For drawing and signing any Order of Refusal.
|
0
|
10
|
0
|
0
|
10
|
0
|
0
|
10
|
0
|
0
|
10
|
0
|
0
|
10
|
0
|
|
Brief for Counsel (if prepared)
|
0
|
13
|
4
|
1
|
0
|
0
|
1
|
10
|
0
|
2
|
0
|
0
|
2
|
10
|
0
|
|
|
|
|
|
|
|
First Copy Brief at 6d. per folio and Second copy brief at 3d. per folio.
|
|
|
|
|
PART X.
|
|
|
APPEALS FROM DISTRICT COURT.
|
|
|
Costs of Affirmance of Decree or Reversal of a Decree or Dismiss.
|
|
|
|
|
|
|
|
Where amount recovered does not exceed £10
|
Exceeds £10
|
|
|
(1)
|
(2)
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
For all charges preliminary or incidental to the hearing, and taking out the Order thereon
|
3
|
5
|
0
|
4
|
10
|
0
|
|
Drawing recognizance or attending to lodge money.
|
0
|
5
|
0
|
0
|
5
|
0
|
|
Brief for Counsel (if prepared)
|
0
|
10
|
0
|
0
|
10
|
0
|
|
|
|
Note :--(1) The costs of an Appeal in an Ejectment, and in cases of Summary Jurisdiction of a Civil nature (including cases under the Illegitimate Children (Affiliation Orders) Act, 1930 ; and the Married Women (Maintenance in case of Desertion) Act, 1886) shall be allowed under Column (2) hereof.
|
|
|
(2) The costs of an Appeal under the Increase of Rent and Mortgage Interest (Restrictions) Acts, 1923 and 1926, and the Rent Restrictions Act, 1946 , shall be allowed under Column (1) hereof.
|
|
|
(3) If an appeal is withdrawn and notice thereof served on the Respondent not less than six days before the day for hearing the sum of £1 10s. 0d. shall be allowed for costs.
|
|
|
PART XI.
|
|
|
MISCELLANEOUS COSTS.
|
|
|
The following items shall be subject to allowance or disallowance by the County Registrar on taxation, unless, expressly or by necessary implication, previously allowed or disallowed by the Judge.
|
|
|
The items in this scale shall be chargeable in addition to the charges in the scales in Parts 1 to 9 of this Schedule.
|
|
|
|
|
|
|
£
|
s.
|
d.
|
|
(1) Attendance for the purpose of obtaining a Side Bar Order
|
|
12
|
6
|
|
(2) Attendance in proceedings before the County Registrar where not otherwise provided for
|
|
12
|
6
|
|
(3) Attendance at the Office for the purpose of issuing a Witness Summons
|
|
10
|
0
|
|
(4) Attendance at the Office for issuing or filing any document not otherwise provided for
|
|
10
|
0
|
|
(5) Attendance in Court, not otherwise provided for
|
1
|
5
|
0
|
|
(6) Preparation of brief on ex-parte or interlocutory application
|
|
12
|
6
|
|
(7) Drawing affidavits or documents not otherwise provided for, per folio of 72 words
|
|
1
|
3
|
|
(8) Perusing affidavits or documents not otherwise provided for, per folio of 72 words
|
|
0
|
6
|
|
(9) Attending consultation when fee allowed to Counsel for same
|
1
|
5
|
0
|
|
(10) Copies of documents for Judge, where necessary : 6d. per folio
|
|
|
|
|
(11) Attending Counsel to settle Civil Bill or Defence
|
|
7
|
6
|
|
(12) Case for Counsel to advise proofs : 1/- per folio, with minimum
|
1
|
0
|
0
|
|
|
|
SECOND SCHEDULE.
|
|
|
COUNSEL'S FEES.
|
|
|
ACTIONS IN CONTRACT OR TORT.
|
|
|
(i) Fee on Brief :--
|
|
|
On taxation of a Plaintiff's costs where the amount recovered by the Plaintiff, or on taxation of a Defendant's costs where the amount claimed against the Defendant :--
|
|
|
|
|
|
|
£
|
s.
|
d.
|
|
(a) does not exceed £25
|
2
|
2
|
0
|
|
(b) exceeds £25 but does not exceed £50
|
3
|
3
|
0
|
|
(c) exceeds £50 but does not exceed £100
|
5
|
5
|
0
|
|
(d) exceeds £100 but does not exceed £200
|
6
|
6
|
0
|
|
(e) exceeds £200 but does not exceed £300
|
8
|
8
|
0
|
|
(ii) Fee on settling Civil Bill or Defence, or Defence and Counterclaim, where the amount recovered, or claimed, as the case may be :--
|
|
|
|
|
(a) does not exceed £100
|
1
|
1
|
0
|
|
(b) exceeds £100
|
2
|
2
|
0
|
|
(iii) Fee on advising proofs :--
|
|
|
|
|
(a) where the amount recovered, or claimed, as the case may be, does not exceed £50, and the Judge at the hearing certifies therefor
|
1
|
1
|
0
|
|
(b) where the amount recovered, or claimed, as the case may be exceeds £50
|
2
|
2
|
0
|
|
(iv) Senior Counsel.
|
|
|
|
|
On taxation of a Plaintiff's costs where the amount recovered by the Plaintiff, or on taxation of a Defendant's costs where the amount claimed against the Defendant, exceeds £50, a fee (other than on consultation) of 50 per cent. greater than the fee allowed to Junior Counsel in the case.
|
|
|
|
|
|
|
EJECTMENTS FOR NON-PAYMENT OF RENT AND OVERHOLDING
|
|
|
|
|
|
|
(i) Fee on Brief :--
|
|
|
|
|
£
|
s.
|
d.
|
|
(a) where the annual rent does not exceed £27, or the Poor Law Valuation does not exceed £10
|
2
|
2
|
0
|
|
(b) where the annual rent exceeds £27, but does not exceed £50, or the Poor Law Valuation exceeds £10 but does not exceed £20
|
3
|
3
|
0
|
|
(c) where the annual rent exceeds £50, but does not exceed £100, or the Poor Law Valuation exceeds £20 but does not exceed £35
|
4
|
4
|
0
|
|
(d) In any other case
|
5
|
5
|
0
|
|
(ii) Fee on settling Civil Bill or on settling Defence :--
|
|
|
|
|
in cases (a) and (b) above
|
1
|
1
|
0
|
|
in cases (c) and (d) above
|
2
|
2
|
0
|
|
(iii) Fee on advising Proofs, where allowed by the Judge at the hearing.
|
2
|
2
|
0
|
|
(iv) Fee on Brief upon an application for Summary Judgment, or for Judgment in default of Appearance or Defence :--
|
|
|
|
|
in cases (a) and (b) above
|
2
|
2
|
0
|
|
in cases (c) and (d) above
|
3
|
3
|
0
|
|
|
|
TITLE JURISDICTION.
|
|
|
Including Ejectments on the Title, other than Ejectments for Non-payment of Rent or Overholding.
|
|
|
|
|
|
|
(i) Fee on Brief where the Poor Law Valuation of the lands the subject matter of the action :--
|
|
|
|
|
£
|
s.
|
d.
|
|
(a) does not exceed £10
|
3
|
3
|
0
|
|
(b) exceeds £10 but does not exceed £20
|
4
|
4
|
0
|
|
(c) exceeds £20 but does not exceed £40
|
5
|
5
|
0
|
|
(d) exceeds £40
|
6
|
6
|
0
|
|
(ii) Fee on settling Civil Bill, or Defence, or Defence and Counterclaim, where the Poor Law Valuation of the lands the subject matter of the action :--
|
|
|
|
|
(a) does not exceed £20
|
1
|
1
|
0
|
|
(b) exceeds £20
|
2
|
2
|
0
|
|
(iii) Fee on advising Proofs :--
|
|
|
|
|
(a) where the Poor Law Valuation of the lands the subject matter of the action does not exceed £20, and the Judge at the hearing certifies therefor
|
1
|
1
|
0
|
|
(b) where the Poor Law Valuation exceeds £20
|
2
|
2
|
0
|
|
|
|
EQUITY SUITS.
|
|
|
For the purpose of calculating the value of the subject matter of a suit (save in suits for Specific Performance) the value of land shall be deemed to be 25 times the Poor Law Valuation. In suits for Specific Performance the value of the subject matter shall be deemed to be the value in money of the consideration mentioned in the alleged contract.
|
|
|
|
|
|
|
(a) Where the value of the subject matter (including land) does not exceed £200 :--
|
|
|
|
|
Fee on settling Civil Bill or Defence, or:
|
£
|
s.
|
d.
|
|
Defence and Counterclaim
|
2
|
2
|
0
|
|
Fee on Brief
|
3
|
3
|
0
|
|
Fee on Motion on Notice
|
2
|
2
|
0
|
|
(b) Where the value of the subject matter (including land) exceeds £200, but does not exceed £500 :--
|
|
|
|
|
Fee on settling Civil Bill or Defence,
|
|
|
|
|
or Defence and Counterclaim
|
2
|
2
|
0
|
|
Fee on Brief
|
4
|
4
|
0
|
|
Fee on advising Proofs
|
1
|
1
|
0
|
|
Fee on Motion on Notice
|
2
|
2
|
0
|
|
(c) Where the value of the subject matter (including land) exceeds £500 :--
|
|
|
|
|
Fee on settling Civil Bill or Defence, or
|
|
|
|
|
Defence and Counterclaim
|
2
|
2
|
0
|
|
Fee on Brief
|
5
|
5
|
0
|
|
Fee on advising Proofs
|
2
|
2
|
0
|
|
Fee on Motion on Notice
|
3
|
3
|
0
|
|
Probate.
|
|
|
|
|
(a) Where the value of the Estate does not exceed £500 :--
|
|
|
|
|
Fee on settling Civil Bill or Defence, or
|
|
|
|
|
Defence and Counterclaim
|
1
|
1
|
0
|
|
Fee on Brief
|
5
|
5
|
0
|
|
Fee on advising Proofs
|
1
|
1
|
0
|
|
|
|
|
|
|
|
(b) Where the value of the Estate exceeds £500 :--
|
£
|
s.
|
d.
|
|
Fee on settling Civil Bill or Defence, or
|
|
|
|
|
Defence and Counterclaim
|
2
|
2
|
0
|
|
Fee on Brief
|
8
|
8
|
0
|
|
Fee on advising Proofs
|
2
|
2
|
0
|
|
|
|
APPLICATIONS UNDER THE RENT RESTRICTIONS ACT, 1946
|
|
|
Such fee, not less than £2 2s. 0d., as may be allowed on taxation.
|
|
|
DISTRICT COURT APPEALS.
|
|
|
|
|
|
|
(a) In any defended case of Contract or Tort :--
|
|
|
|
|
£
|
s.
|
d.
|
|
(i) where the amount recovered or claimed does not exceed £5 and the Judge at the hearing certifies that the question of law involved made it reasonable to brief Counsel
|
1
|
1
|
0
|
|
(ii) Where the amount recovered or claimed exceeds £5 but does not exceed £15
|
1
|
1
|
0
|
|
(iii) Where the amount recovered or claimed exceeds £15, but does not exceed £25
|
2
|
2
|
0
|
|
(b) In any defended Ejectment for Overholding or Non-payment of Rent
|
2
|
2
|
0
|
|
|
|
WORKMEN'S COMPENSATION ACTS.
|
|
|
|
|
|
|
£
|
s.
|
d.
|
|
(1) On application ex parte
|
1
|
1
|
0
|
|
(2) On hearing of Motion on Notice
|
2
|
2
|
0
|
|
(3) On hearing of Originating Summons
|
4
|
4
|
0
|
|
(4) On hearing of Summons to review or redeem
|
4
|
4
|
0
|
|
(5) On hearing at which liability of a third party is determined at the hearing of an Originating Summons
|
4
|
4
|
0
|
|
(6) Settling Originating Summons or Statement of Defence
|
1
|
1
|
0
|
|
(7) Fee on advising Proofs if allowed by the Judge at the hearing
|
2
|
2
|
0
|
|
(8) Consultation :--In any case in which Counsel certifies that he directed and held a Consultation and that the same was necessary, unless disallowed by the Judge or on taxation
|
2
|
2
|
0
|
|
|
|
MALICIOUS INJURY APPLICATIONS.
|
|
|
|
|
|
|
(i) Fee on Brief :
|
|
|
|
|
On taxation of an Applicant's costs where the amount recovered by the Applicant, or on taxation of a Respondent's costs where the amount claimed :--
|
£
|
s.
|
d.
|
|
(a) does not exceed £10
|
1
|
1
|
0
|
|
(b) exceeds £10 but does not exceed £25
|
2
|
2
|
0
|
|
(c) exceeds £25 but does not exceed £50
|
3
|
3
|
0
|
|
(d) exceeds £50 but does not exceed £100
|
4
|
4
|
0
|
|
(e) exceeds £100 but does not exceed £250
|
5
|
5
|
0
|
|
(f) exceeds £250 but does not exceed £500
|
6
|
6
|
0
|
|
(g) exceeds £500 but does not exceed £1,000
|
7
|
7
|
0
|
|
(h) exceeds £1,000 but does not exceed £2,000
|
10
|
10
|
0
|
|
(i) in cases exceeding £2,000 such increased fee (if any) as the Judge at the hearing shall allow.
|
|
|
|
|
|
|
|
|
|
| (ii) Fe e on advising Proofs :-- |
£
|
s.
|
d
|
|
(a) where the amount recovered, or claimed, as the case may be, exceeds £50 but does not exceed £100, and the Judge at the hearing certifies therefor
|
1
|
1
|
0
|
|
(b) where the amount exceeds £100 and does not exceed £1,000, and the Judge at the hearing certifies therefor
|
2
|
2
|
0
|
|
(c) where the amount exceeds £1,000, and the Judge at the hearing certifies therefor
|
3
|
3
|
0
|
|
(iii) Consultation :--
|
|
|
|
|
£
|
s.
|
d.
|
|
In cases where the amount recovered, or claimed, as the case may be, exceeds £50, and the Judge at the hearing certifies therefor
|
2
|
2
|
0
|
|
|
|
MISCELLANEOUS.
|
|
|
General
|
|
|
In all cases not otherwise provided for :--
|
|
|
(1) The fees to be allowed for Counsel as between Party and Party shall be such fees as shall be allowed on Taxation.
|
|
|
(2) In any case of unusual difficulty or importance the Judge at the hearing may allow to Counsel such increased fees (save in respect of Consultation) as to him seems right.
|
|
|
(3) Save where otherwise provided :--
|
|
|
|
|
|
|
£
|
s.
|
d.
|
|
(i) Fee on Consultation in cases where the amount recovered, claimed or involved, as the case may be, exceeds £50 and Counsel certifies that he directed the same, that it was held and that it was necessary
|
2
|
2
|
0
|
|
(ii) Settling Notice of Motion, if allowed on taxation
|
1
|
1
|
0
|
|
(iii) Settling Affidavit, if allowed on taxation
|
1
|
1
|
0
|
|
(iv) Ex-parte Application
|
1
|
1
|
0
|
|
(v) Brief on Motion on Notice
|
2
|
2
|
0
|
|
|
|
(4) Refreshers :--Such fee (if any) as may be allowed by the Judge at the hearing or on taxation.
|
|
|
(5) Senior Counsel may be allowed if the Judge at the hearing certifies that it was reasonable to brief Senior Counsel, and, in that event, his fee (other than on Consultation) shall be 50 per cent. greater than the fee allowed to Junior Counsel in the case.
|
|
|
|
