IE
S.I. No. 84/1955 - District Court Rules (No. 2), 1955.
Table of Provisions (10)
Statutory Text (10 Articles)
1. Instructions for proceeding and including correspondence, filling and signing Ejectment Civil Process and copy for service
1
0
0
1
10
0
1
10
0
Instructions for defence including correspondence and all other necessary steps
1
10
6
2. Drawing Notice to Quit and necessary copies and service thereof
0
7
6
0
7
6
0
7
6
—
—
3. Paid stamp on Ejectment Civil Process
0
3
0
0
3
0
0
3
0
—
—
4. Paid service
0
4
0
0
4
0
0
4
0
—
—
5. Instructions for hearing and preparing proofs
—
0
15
0
1
0
0
Instructions for hearing and preparing proofs
1
0
0
6. Attending and conducting case at hearing
—
1
10
0
2
0
0
Attending and conducting defence
2
0
0
7. Drawing and signing decree
—
0
5
0
0
5
0
Drawing and signing dismiss
0
5
0
8. Stamp on decree
—
0
3
0
0
3
0
Stamp on dismiss
0
3
0
Total
£1
14
6
£4
17
6
£5
12
6
£4
18
0
The above scale of costs shall not apply to ejectment cases brought the Court on summons pursuant to the provisions of section 15 of the Summary Jurisdiction (Ireland) Act, 1851, section 10 of the Summary Jurisdiction (Ireland) Amendment Act, 1871, or sections 81, 84, 85 or 86 of the Landlord and Tenant (Ireland) Act, 1860. In such cases shall be in the discretion of the Justice and shall not exceed £2 10s. od. in any case, unless the Justice for special reason shall otherwise order.
SCHEDULE OF COSTS.
PROCEEDINGS BY GOVERNMENT DEPARTMENTS.
The Costs of Decree in the foregoing Scales of Costs in the case of an ordinary civil process shall apply to any proceeding at the suit of the Attorney General or any Minister of State or Government Department.
RATES SUMMONSES.
In summary proceedings brought by summons for the recovery of rates the following scale of Solicitors' costs in addition to the fee paid for service of the summons may be applied, subject to the discretion of the Justice:—
Amount sued for.
Costs before entry.
Costs after entry.
£
s.
d.
£
s.
d.
Not exceeding £2
0
7
6
0
12
6
Exceeding £2 and not exceeding £5
0
9
0
1
2
0
" £5 " " " £10
0
12
6
1
8
6
" £10 " " " £25
0
17
6
1
16
0
" £25 " " "
1
0
0
2
2
0,
or such greater sum as the Justice shall think proper.
ACTION TRANSFERRED FROM THE HIGH COURT TO THE DISTRICT COURT.
A Plaintiff in succeeding in such action shall be entitled to no greater costs than would have been allowed him under the foregoing scales if the suit had been instituted in the District Court. A successful Defendant will be entitled, in addition to the scales of costs set out above, to a minimum sum of £7 7s. od., or such greater sum as the Justice may in the circumstances think fit.
MISCELLANEOUS COSTS.
The items in this scale shall be chargeable in addition to the charges in the other scales in this Schedule.
£
s.
d.
Each additional copy of a Civil Process necessarily served after the first and to include the fee paid for service
0
8
0
Attendance at District Court office for the purpose of issuing a Witness Summons, if the Justice is satisfied that the outlay incurred was necessary, in addition to outlay
0
7
6
Attendance in Court, not otherwise provided for, where allowed by the Justice, not exceeding
0
15
0
Any other outlay properly and necessarily incurred, as allowed by the Justice
COUNSEL'S FEES.
(1) The allowance of Counsel's fees shall be in the discretion of the Justice.
(2) Subject to paragraph (1)—
A. In any defended case of contract, or breach of contract, or tort:—
To Plaintiff's Counsel when the amount recovered, or to Defendant's Counsel when the amount claimed, does not exceed £5, and the Justice is satisfied that there are questions of importance involved which render it reasonable that Counsel should be employed, a fee of £1 1s. od.
To Plaintiff's Counsel when the amount recovered, or to Defendant's Counsel when the amount claimed, exceeds £5 but does not exceed £25, and the Justice is satisfied that there are questions of importance involved which render it reasonable that Counsel should be employed, a fee of £1 1s. od. or £2 2s. od. as the Justice may think fit.
To Plaintiff's Counsel when the amount recovered, or to Defendant's Counsel when the amount claimed, exceeds £25 but does not exceed £50, and the Justice is satisfied that there are questions of importance involved which render it reasonable that Counsel should be employed, a fee of £2 2s. od. or £3 3s. od. as the Justice may think fit.
B. In any defended ejectment for overholding or non-payment of rent:—
To Plaintiff's or Defendant's Counsel a fee of £1 1s. od.
To Plaintiff's or Defendant's Counsel, when, in the opinion of the Justice, questions of importance are involved, a fee of £2 2s. od. or £3 3s. od. as the Justice may think fit.
The above scale of fees shall not be applicable to an ejectment proceeding brought under any summary jurisdiction, in which case Counsel's fee, if allowed, shall be £1 1s. od.
9. Paid stamp on decree
—
0
1
6
0
1
6
Paid stamp on dismiss
0
1
6
Total
£2
12
6
£3
19
0
£6
1
6
£5
1
6
SCHEDULE OF COSTS.
SOLICITORS' COSTS IN CASES OF SPECIAL DEFAULT CIVIL PROCESS.
If debt paid within 10 days of service of process.
If claim admitted by notice and offer as to payment accepted.
If no notice served.
£
s.
d.
£
s.
d.
£
s.
d.
Where amount due at date of issue of process does not exceed £2
Costs will be
0
12
6
0
17
6
1
2
0
Where said amount does not exceed £5
" "
0
17
6
1
6
6
1
12
6
" " " " £10
" "
1
0
6
1
13
0
1
17
6
" " " " £25
" "
1
10
6
2
13
6
3
4
6
" " " " £50
" "
2
0
6
3
3
6
3
14
6
If the Special Default Process be defended the costs of the successful party shall be in accordance with the appropriate ordinary default scale.
Where no notice of intention to defend or of admission has been served and the case is placed in the Court List by direction of the Justice the Plaintiff's costs as above stated may, in the discretion of the Justice, be increased by a sum not exceeding 10s.
Where either of such notices is served the Plaintiff's costs above stated shall be reduced by the sum of 3s. if the affidavit of debt has not been sworn before a Commissioner for Oaths.
SCHEDULE OF COSTS.
SOLICITORS' COSTS IN EJECTMENT CASES.
In proceedings where the Rent does not exceed £27 per annum.
Settled before entry.
Costs of decree if not defended.
Costs of decree if defended.
Cost of dismiss.
£
s.
d.
£
s.
d.
£
s.
d.
£
s.
d.
S.I. No. 84 of 1955.
DISTRICT COURT RULES (No. 2), 1955.
The District Court Rules Committee, with the concurrence of the Minister for Justice, and in exercise of the powers conferred on them by the Courts of Justice Acts, 1924 to 1953, and of every and any other power them in this behalf enabling, make the following Rules :—