IE
S.I. No. 206/1962 - District Court (Costs) Rules, 1962
Table of Provisions (10)
Statutory Text (10 Articles)
1. Instructions for proceeding and including correspondence and filling and signing Ejectment Civil Process and copy for service
1
2
6
1
12
6
1
12
6
Instructions for defence including correspondence and all other necessary steps
1
10
0
2. Drawing Notice to Quit and necessary copies and service thereof
0
7
6
0
7
6
0
7
6
——
—
3. Stamp on Ejectment Civil Process
0
5
0
0
5
0
0
5
0
——
—
4. Service fee
0
4
0
0
4
0
0
4
0
——
—
5. Instructions for hearing and preparing proofs
—
0
17
6
1
2
6
Instructions for hearing and preparing proofs
1
2
6
6. Attending and conducting case at hearing
—
1
12
6
2
5
0
Attending and conducting defence
2
5
0
7. Drawing and signing decree
—
0
5
0
0
5
0
Drawing and signing dismiss
0
5
0
8. Stamp on decree
—
0
5
0
0
5
0
Stamp on dismiss
0
5
0
Total
£1
19
0
£5
9
0
£6
6
6
£5
7
6
If an affidavit (Rule 175) is sworn before a Commissioner for Oaths, the fee of 3/- shall be added to the total shown in column 1, 2 or 3, as the case may be.
In ejectments there shall be allowed, in addition to the scale of costs set out above, for each additional copy served and to include service, 8/-.
The above scale of costs shall not apply to ejectment cases brought before 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 section 81, 84, 85 or 86 of the Landlord and Tenant (Ireland) Act, 1860. In such cases costs shall be in the discretion of the Justice and shall not exceed £2 15s. 0d. in any case, unless the Justice for special reason shall otherwise order.
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, shall apply :—
Amount sued for
Costs before hearing
Costs after hearing
£
s.
d.
£
s.
d.
Not exceeding £2
0
10
6
0
15
6
Exceeding £2 and not exceeding £5
0
12
0
1
5
0
" £5 " " " £10
0
15
6
1
11
6
" £10" " " £25
1
2
6
2
2
0
" £25" " " £50
1
5
0
2
10
0
" £50" " " £100
1
7
6
3
0
0
" £100
1
10
0
4
0
0
PROCEEDINGS FOR DETINUE
In actions for wrongful detention brought by virtue of section 33, subsection(3) of the
Courts (Supplemental Provisions) Act, 1961
, the costs awarded shall be on the Tort Scale according to the value of the goods as determined by the Court. This provision shall not apply to proceedings for wrongful detention arising out of a hire-purchase transaction, in which proceedings the costs shall be in accordance with the Contract Scale.
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.
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 £8 8s. 0d. 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
Drawing witness summons and copies thereof, attending at District Court office for the purpose of issuing same and correspondence as to service, in addition to outlay
0
10
0
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
The Court shall have discretion as to the award of Counsel's fees and the scale hereunder is intended to operate in those cases where the Court considers it proper that Counsel should have been employed.
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,
£
s.
d.
(i) does not exceed £25
2
2
0
(ii) exceeds £25, but does not exceed £50
3
3
0
(iii) exceeds £50
4
4
0
B. In any defended ejectment for overholding or non-payment of rent
To plaintiff's or defendant's Counsel when the annual rent,
£
s.
d.
(i) does not exceed £27
2
2
0
(ii) exceeds £27
3
3
0
C. 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. 0d.
D. The allowance of Counsel's fees in proceedings under the
Rent Restrictions Act, 1960
, shall be in the discretion of the Justice.
EXPLANATORY NOTE
These Rules, which come into operation on the 1st January, 1963, provide for revised scales of solicitors' costs and counsel's fees in the District Court. The present costs and fees are prescribed by Rule 8 of the District Court Rules (No. 2), 1955 and the District Court Rules, 1956, which are being revoked by Rule 3 of these Rules.
9. Stamp on decree
—
0
5
0
0
5
0
Stamp on dismiss
0
5
0
Total
£3
8
0
£5
10
6
£8
10
6
£6
12
6
For each document referred to as an exhibit in the affidavit there shall be allowed the additional sum of 1/6d.
SOLICITORS' COSTS IN CASES OF SPECIAL DEFAULT CIVIL PROCESS
Amount of debt
If debt paid within 10 days of service of process
If claim admitted by notice and offer as to payment acepted
If no notice served
£
s.
d.
£
s.
d.
£
s.
d.
Not exceeding £2
0
15
6
1
4
0
1
8
6
Exceeding £2 and not exceeding £5
1
5
0
1
17
6
2
5
0
" £5 " " " £10
1
15
0
2
5
0
2
10
0
" £10" " " £25
2
5
0
3
6
0
4
0
0
" £25" " " £50
2
15
0
3
17
0
4
10
0
" £50" " " £75
3
5
0
4
8
0
5
0
0
" £75 " " " £100
3
15
0
5
0
0
5
10
0
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 12/6d.
Where neither of such notices is served the plaintiff's costs above stated shall be reduced by the sum of 3/- if the affidavit of debt has not been sworn before a Commissioner for Oaths.
SOLICITORS' COSTS IN EJECTMENT CASES INSTITUTED BY CIVIL PROCESS
In proceedings where the rent does not exceed £27 per annum
Settled before entry
Costs of decree if case not defended
Costs of decree if case defended
Costs of dismiss
£
s.
d.
£
s.
d.
£
s.
d.
£
s.
d.
S.I. No. 206 of 1962.
DISTRICT COURT (COSTS) RULES, 1962
The District Court Rules Committee, in exercise of the powers conferred on them by
section 91
of the
Courts of Justice Act, 1924
,
section 72
of the
Courts of Justice Act, 1936
, and
section 48
of the
Courts (Supplemental Provisions) Act, 1961
, and with the concurrence of the Minister for Justice, do hereby make the following Rules :—