IE
S.I. No. 118/1967 - Circuit Court Rules (No. 2), 1967
Table of Provisions (22)
Statutory Text (22 Articles)
1. The fees to be allowed for Counsel as between Party and Party shall be such fees as shall be allowed on Taxation and in accordance with the Schedule where the same is applicable.
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 seem right.
2. Attendance in proceedings before the County Register where not otherwise provided for
15
0
3. Fees to apply where not otherwise provided in Schedule
£
s.
d.
(i) Fee on settling Notice of Motion,where proper to be allowed on taxation
2
2
0
(ii) Fee on settling Affidavit,where proper to be allowed on taxation
2
2
0
(iii) Fee on Brief on Motionex parte or Motion on Notice heard on Affidavit,where proper to be allowed on taxation
3
3
0
(iv) Fee on Brief on Motion or Application requiring oral evidence
4
4
0
(v) Fee on Consultation,where proper to be allowed on taxation
3
3
0
4.Refreshers—Such fee as may be allowed on taxation not to exceed one-half Brief fee to the nearest guinea.
4. Attendance at the office for issuing or filing any document not otherwise provided for
15
0
5. Fee of Senior Counsel
(i) In actions in contract or tort on taxation of Plaintiff's costs where the amount recovered by the Plaintiff, or on taxation of the Defendant'scosts where the amount claimed against the Defendant, exceeds £300 a fee (other than on consultation) of 50 per cent. greater than the fee allowed to Junior Counsel in the case shall be allowed for one Senior Counsel.
(ii) In all cases not otherwise provided for one 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.
EXPLANATORY NOTE
These Rules, which come into operation on the 22nd May, 1967, prescribe new scales of costs and fees in substitution for the scales of costs and fees contained in the schedule entitled " Third Schedule " to the Circuit Court Rules, 1954 (
S.I. No. 212 of 1954
) as amended by the Circuit Court Rules, 1955 (
S.I. No. 1 of 1955
).
6. Preparation of brief on ex parteor interlocutory application
15
0
7. Affidavits or documents not otherwise provided for, folio of 72 words
(a) drawing
1
3
(b) engrossing
9
8. Persuing affidavits or documents not otherwise provided for, folio 72 words
9
9. Attending consultation when fee allowed to counsel for same
1
10
0
10. Copies of documents where necessary per folio
(a) originals
9
(b) carbon copies
4
11. Attending counsel
(a) to settle civil bill or defense
10
0
(b) any other necessary attendance
10
0
12. Case to counsel to advise proofs, folio of 72 words
1
3
Minimum
1
10
0
13. Drawing costs with copy for taxation, Item
2
14. Attending to lodge costs and have date allocated
10
0
15. Service thereof
3
0
16. Summons to tax
5
0
17. Copies for service and to annex. Each
2
6
18. Attending taxation
1
0
0
19. Drawing certificate of taxation
7
6
SCHEDULE II
COUNSEL'S FEES IN CIRCUIT COURT
ACTIONS IN CONTRACT AND TORT
(i) Fee on Brief.
On taxation of Plaintiff's costs, where the amount or the value of specific chattels recovered by the Plaintiff or, on taxation of a Defendant's costs, where the amount or value of chattels sued for
£
s.
d.
(a) does not exceed £50
4
4
0
(b) exceeds £50 but does not exceed £100
6
6
0
(c) exceeds £100 but does not exceed £300
10
10
0
(d) exceeds £300 but does not exceed £500
13
13
0
(e) exceeds £500
15
15
0
(ii) (a) Fee on settling Civil Bill or Defence
3
3
0
(b) Fee on settling Defence and Counterclaim
4
4
0
(iii) Fee on advising Proofs
3
3
0
(iv) Fee on settling Notice for particulars or reply thereto
2
2
0*
*where necessary to be settled by Counsel.
(v) Fee on Consultation
3
3
0
EJECTMENTS FOR NON-PAYMENT OF RENT AND OVERHOLDING
(i) Fee on Brief,where the annual rent
£
s.
d.
(a) does not exceed £50
4
4
0
(b) exceeds £50 but does not exceed £100
6
6
0
(c) exceeds £100
8
8
0
(ii) Fee on settling Civil Bill or on settling Defence
3
3
0
(iii) Fee on advising Proofs
where proper to be allowed on taxation £2 2 0, but not to exceed
£3
3
0
(iv) Fee on Consultation
3
3
0
(v) Fee on Brief upon an application for Summary Judgment, or for Judgment in default of Appearance or Defence
(a) Evidence on Affidavit
3
3
0
(b) Oral Evidence
5
5
0
TITLE JURISDICTION
Including Ejectment on the Title, other than Ejectments for Non-payment of Rent or Overholding
(i) Fee on Brief where the Rateable Valuation of the lands the subject matter of the action
£
s.
d.
(a) does not exceed £20
5
5
0
(b) exceeds £20 but does not exceed £30
6
6
0
(c) exceeds £30
10
10
0
(ii) Fee on settling Civil Bill or Defence
3
3
0
(iii) Fee on advising Proofs
(a) where the Rateable Valuation of the lands the subject matter of the actions does not exceed £30, and the Judge at the hearing certifies therefor
2
2
0
(b) where the Rateable Valuation exceeds £30
3
3
0
(iv) Fee on Consultation
3
3
0
(v) Fee on Brief upon an application for Summary Judgment or for Judgment in default of appearance or Defence
(a) Evidence on Affidavit
3
3
0
(b) Oral Evidence
5
5
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 lands shall be deemed to be 50 times the Rateable 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.
(i) Fee on Brief, where the value of the subject matter (including land)
£
s.
d.
(a) does not exceed £500
6
6
0
(b) exceeds £500 but does not exceed £1,000
8
8
0
(c) exceeds £1,000 but does not exceed £1,500
10
10
0
(d) exceeds £1,500
15
15
0
(ii) (a) Fee on settling Civil Bill or Defence
3
3
0
(b) Fee on settling Defence and Counterclaim
4
4
0
(iii) Fee on advising Proofs
3
3
0
(iv) Fee on Consultation
3
3
0
(v) (a) Fee on Brief on Motionex parte
2
2
0
(b) Fee on Brief on Motion on Notice(On affidavit)
3
3
0
(c) Fee on Brief on Motion on Notice(Heard on oral evidence)
£
s.
d.
Where the value of the subject matter (including land) does not exceed £1,000
4
4
0
Where the value of the subject matter (including land) exceeds £1,000
5
5
0
(vi) Reduced Brief fee where Defendant submits to order of the Court and where the value of the subject matter(including land) exceeds£1,000
8
8
0
PROBATE
(i) Fee on Brief, where the value of the Estate
£
s.
d.
(a) does not exceed £500
7
7
0
(b) exceeds £500 but does not exceed £1,500
10
10
0
(c) exceeds £1,500
15
15
0
(ii) (a) Fee on settling Civil Bill of Defence
3
3
0
(b) Fee on settling Defence and Counterclaim
4
4
0
(iii) Fee on advising Proofs
3
3
0
(iv) Fee on Consultation
3
3
0
(v) Fee on Interlocutory Motion
3
3
0
APPLICATIONS UNDER RENT RESTRICTIONS ACT
£
s.
d.
(i) Fee on Brief
5
5
0
(ii) Fee on settling Notices where proper to be allowed on taxation
2
2
0
(iii) Advising proofs
No fee
(iv) Consultation
No fee
DISTRICT COURT APPEALS
(i) Fee on Brief
(a) in any defended case of Contract or Tort
£
s.
d.
(i) where the amount recovered or claimed does not exceed £25
3
3
0
(ii) where the amount recovered or claimed exceeds £25
4
4
0
(b) in any defended Ejectment
4
4
0
(ii) Fee on Consultation, where proper to be allowed on taxation
3
3
0
WORKMEN'S COMPENSATION ACTS
(i) Fee on Brief
£
s.
d.
(a) Originating Summons, Summons to Review or Redeem
8
8
0
(b) Motion on Notice on reference to Court by County Registrar or adjourned hearing requiring oral evidence
5
5
0
(c) An Application ex parteor other Application or Motion requiring no oral evidence
3
3
0
(ii) Fee on settling Originating Summons or Defence
3
3
0
(iii) Fee on advising Proofs,where proper to be allowed on taxation
3
3
0
(iv) Fee on Consultation,where proper to be allowed on taxation
3
3
0
(v) Fee on Brief where claim compromised or discharged by payment of lump sum
No fee
MALICIOUS INJURY APPLICATIONS
(i) Fee on Brief
£
s.
d.
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
(a) does not exceed £10
2
2
0
(b) exceeds £10 but does not exceed £50
4
4
0
(c) exceeds £50 but does not exceed £200
6
6
0
(d) exceeds £200 but does not exceed £600
9
9
0
(e) exceeds £600 but does not exceed £1,000
12
12
0
(f) exceeds £1,000 but does not exceed £2,000
15
15
0
(g) exceeds £2,000
Fee as may be allowed on taxation
(ii) Fee on advising Proofs
Where proper to be allowed on taxation £2 2 0, but not to exceed £4 4 0.
(iii) Fee on Consultation
(a) where the amount does not exceed £200
No fee
(b) where the amount exceeds £200
3
3
0
where proper to be allowed on taxation.
LANDLORD AND TENANT ACTS
A—APPLICATIONS FOR NEW TENANCIES
NOTE—For the purpose of this scale of fees "the rent" shall be the rent agreed by the parties or fixed by the Court under Part III of the
Landlord and Tenant Act, 1931
, or the gross rent as so agreed or ascertained by the Court under the
Landlord and Tenant (Reversionary Leases) Act, 1958
. In any case in which the application is dismissed, or in any case in which no rent is required to be fixed or ascertained, a sum equivalent to five times the Rateable Valuation shall be deemed to be the rent.
(i) Fee on Brief,where the rent
£
s.
d.
(a) does not exceed £50
4
4
0
(b) exceeds £50 but does not exceed £100
6
6
0
(c) exceeds £100 but does not exceed £200
10
10
0
(d) exceeds £200 but does not exceed £400
12
12
0
(e) exceeds £400 but does not exceed £600
15
15
0
(f) exceeds £600
Such fee as may be allowed on taxation but not to exceed £21 0 0.
(ii) Fee on settling Notice of Application to Court or Notice of Dispute
2
2
0
(iii) Fee on advising Proofs,where proper to be allowed on taxation
3
3
0
(iv) Fee on Consultation
3
3
0
B. APPLICATIONS FOR COMPENSATION FOR IMPROVEMENTS AND APPLICATIONS FOR COMPENSATION FOR DISTURBANCE AND ALL OTHER APPLICATIONS NOT OTHERWISE PROVIDED FOR
NOTE—In any case in which judgment is entered for the Respondent and there is no sum claimed by the Applicant upon which the costs of the Respondent can be ascertained, a sum equivalent to five times the Rateable Valuation of the property the subject of the application shall be deemed to be the sum claimed for the purpose of this scale of fees.
(i) Fee on Brief,where the sum claimed
£
s.
d.
(a) does not exceed £50
4
4
0
(b) exceeds £50 but does not exceed £100
6
6
0
(c) exceeds £100 but does not exceed £200
7
7
0
(d) exceeds £200 but does not exceed £300
9
9
0
(e) exceeds £300 but does not exceed £600
12
12
0
(f) exceeds £600
15
15
0
(ii) Fee on settling Notice of Application to Court or Notice of Dispute
2
2
0
(iii) Fee on advising Proofs,where proper to be allowed on taxation
3
3
0
(iv) Fee on Consultation
3
3
0
HIRE-PURCHASE AND CREDIT SALE ACTIONS
(i) Fee on Brief
On taxation of a Plaintiff's costs, where the amount recovered or, in the case of an action for the specific recovery of a chattel, the amount of the installmentsdue and unpaid under the agreement at the date of the commencement of the proceedings
or
On taxation of a Defendant's costs, where the amount sued for or, in the case of an action for the specific recovery of a chattel, the amount of the instalments due and unpaid under the agreement at the date of the commencement of the proceedings
£
s.
d.
(a) does not exceed £50
4
4
0
(b) exceeds £50 but does not exceed £100
6
6
0
(c) exceeds £100 but does not exceed £300
10
10
0
(d) exceeds £300 but does not exceed £500
13
13
0
(e) exceeds £500 but does not exceed £600
15
15
0
(f) exceeds £600
16
16
0
(ii) (a) Fee on settling Civil Bill or Defence
3
3
0
(b) Fee on settling Defence and Counterclaim
4
4
0
(iii) Fee on advising Proofs
3
3
0
(iv) Fee on settling Notice for particulars or reply thereto
2
2
0*
* Where necessary to be settled by Counsel.
(v) Fee on Consultation
3
3
0
GENERAL
20. For attending before the Judge on any interlocutory application (counsel to be allowed only when certified for by the Judge)
1
10
0
1
10
0
2
0
0
2
10
0
21. 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
1
10
0
1
10
0
1
10
0
1
10
0
PART VIII
COSTS IN PROBATE MATTERS AND ACTIONS
Plaintiff's Costs
Where the rateable valuation of the lands or the value of the personalty involved
Defendant's Costs
does not exceed rateable valuation £15 or personal estate £200
exceeds rateable valuation £15 or personal estate £200 but does not exceed rateable valuation £30 or personal estate £500
exceeds rateable valuation £30 or personal estate £500 but does not exceed rateable valuation £45 or personal estate £1,000
exceeds rateable valuation £45 or personal estate £1,000
(1)
(2)
(3)
(4)
£
s.
d.
£
s.
d.
£
s.
d.
£
s.
d.
S.I. No. 118 of 1967.
CIRCUIT COURT RULES (No. 2), 1967
We, the Circuit Court Rules Committee, constituted pursuant to the provisions of
section 69
of the
Courts of Justice Act, 1936
, and
section 12
of the
Courts of Justice Act, 1947
, 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.
Dated the 24th day of April, 1967
J. C. Conroy
James I. McGuire
Pádraic Boyd
Joseph P. Tyrrell
Micheál Ó Cléirigh
Eunan McCarron
I concur in the making of the annexed Rules of Court.
Dated this 8th day of May, 1967.
BRIAN LENIHAN,
Minister for Justice.
CIRCUIT COURT RULES (No. 2), 1967
These Rules, which may be cited as the Circuit Court Rules (No. 2), 1967, shall come into operation on the 22nd day of May, 1967. The Schedule entitled " Third Schedule " to the Circuit Court Rules, 1954 (
S.I. No. 212 of 1954
) as amended by the Circuit Court Rules, 1955 (
S.I. No. 1 of 1955
) is hereby revoked and Schedule I and Schedule II to these Rules shall be substituted therefor.
SCHEDULE I
SOLICITORS COSTS IN CIRCUIT COURT
PART I
COSTS IN ACTIONS IN CONTRACT AND TORT
Plaintiff's Costs
Where (1) the amount recovered or (2) the value of specific chattels recovered or (3) in the case of a dismiss, the amount or value of chattels sued for
Defendant's Costs
exceeds £50 but does not exceed £100
exceeds £100 but does not exceed £300
exceeds £300
(1)
(2)
(3)
Section A
Section B
Section C
£
s.
d.
£
s.
d.
£
s.
d.