S.I. No. 41/1971 - Circuit Court Rules, 1971.

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 healing may allow to Counsel such increased fees (save in respect of consultation) as to him seem right.

3. Fees to apply where not otherwise provided in Schedule

(i) Fee on settling Notice of Motion, where proper to be allowed on taxation

£2·10

(ii) Fee on settling Affidavit, where proper to be allowed on taxation

£2·10

(iii) Fee on Brief on Motion ex parte or Motion on Notice heard on Affidavit, where proper to be allowed on taxation

£3·15

(iv) Fee on Brief on Motion or Application requiring oral evidence

£4·20

(v) Fee on Consultation, where proper to be allowed on taxation

£3·15

4. Refreshers—Such fee as may be allowed on taxation not to exceed one-half Brief fee to the nearest pound.

5. Fee on 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's costs 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 15th February, 1971, provide for the restating, in Decimal Currency, of the costs and fees previously contained in three Statutory Instruments (viz. Circuit Court Rules, 1967 (

S.I. No. 37 of 1967

), Circuit Court Rules (No. 2), 1967 (

S.I. No. 118 of 1967

) and Circuit Court Rules (No. 2), 1970 (

S.I. No. 308 of 1970

)).

6. Preparation of brief on ex-parte or interlocutory application ...

£0·75

7. Affidavits or documents not otherwise provided for, folio of 72 words

(a) drawing ... ... ... ... ... ... ... ...

£0·06

(b) engrossing ... ... ... ... ... ... ...

£0·04

8. Perusing affidavits or documents not otherwise provided for, folio of 72 words ... ... ... ... ... ... ...

£0·04

9. Attending consultation when fee allowed to counsel for same ...

£l·50

10. Copies of documents where necessary per folio

(a) originals ... ... ... ... ... ...

£0·04

(b) carbon copies ... ... ... ... ... ... ...

£0·02

11. Attending counsel

(a) to settle civil bill or defence ... ... ... ... ...

£0·50

(b) any other necessary attendance ... ... ... ...

£0·50

12. Case to counsel to advise proofs, folio of 72 words ... ...

£0·06

Minimum ...

£l·50

13. Drawing costs with copy for taxation. Item ... ... ...

£0·01

14. Attending to lodge costs and have date allocated ... ... ...

£0·50

15. Service thereof ... ... ... ... ... ... ...

£0·15

16. Summons to tax ... ... ... ... ... ... ...

£0·25

17. Copies for service and to annex. Each ... ... ... ...

£0·13

18. Attending taxation ... ... ... ... ... ... ...

£1·00

19. Drawing certificate of taxation ... ... ... ... ...

£0·37

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 chattels sued for

(a) does not exceed £50 ... ... ... ...

£4·20

(b) exceeds £50 but does not exceed £100 ... ...

£6·30

(c) exceeds £100 but does not exceed £300 ... ...

£10·50

(d) exceeds £300 but does not exceed £500 ... ...

£13·65

(e) exceeds £500 ... ... ... ... ...

£15·75

(ii) (a) Fee on settling Civil Bill or Defence ... ... ...

£ 3·15

(b) Fee on settling Defence and Counterclaim ... ...

£4·20

(iii) Fee on advising proofs ... ... ... ... ...

£3·15

(iv) Fee on settling Notice for particulars or reply thereto ...

£2·10

*where necessary to be settled by Counsel.

(v) Fee on Consultation ... ... ... ... ...

£3·15

EJECTMENTS FOR NON-PAYMENT OF RENT AND OVERHOLDING

(i) Fee on Brief, where the annual rent

(a) does not exceed £50 ... ... ... ...

£4·20

(b) exceeds £50 but does not exceed £100 ... ...

£6·30

(c) exceeds £100 ... ... ... ... ...

£8·40

(ii) Fee on settling Civil Bill or on settling Defence ... ...

£3·15

(iii) Fee on advising Proofs ... ... ... ... ...

where proper to be allowed on taxation £2·10 but not to exceed £3·15

(iv) Fee on Consultation ... ... ... ... ...

£3·15

(v) Fee on Brief upon an application for Summary Judgment, or for Judgment in default of Appearance or Defence

(a) Evidence on Affidavit ... ... ... ...

£3·15

(b) Oral Evidence ... ... ... ... ...

£5·25

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

(a) does not exceed £20 ... ... ... ...

£5·25

(b) exceeds £20 but does not exceed £30 ... ...

£6·30

(c) exceeds £30 ... ...

£10·50

(ii) Fee on Settling Civil Bill or Defence ... ... ...

£3·15

(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 ... ... ... ... ... ...

£2·10

(b) where the Rateable Valuation exceeds £30 ...

£3·15

(iv) Fee on Consultation ... ... ... ... ...

£3·15

(v) Fee on Brief upon an application for Summary Judgment or for Judgment in default of appearance or Defence

(a) Evidence on Affidavit ... ... ... ...

£3·15

(b) Oral Evidence ... ... ... ... ...

£5·25

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)

(a) does not exceed £500 ... ... ... ...

£6·30

(b) exceeds £500 but does not exceed £1,000 ... ...

£8·40

(c) exceeds £1,000 but does not exceed £1,500 ...

£10·50

(d) exceeds £1,500 ... ... ... ... ...

£15·75

(ii) (a) Fee on settling Civil Bill or Defence ... ...

£3·15

(b) Fee on settling Defence and Counterclaim ... ...

£4·20

(iii) Fee on advising Proofs ... ... ... ... ...

£3·15

(iv) Fee on Consultation ... ... ... ... ...

£3·15

(v) (a) Fee on Brief on Motion ex parte ... ... ...

£2·10

(b) Fee on Brief on Motion on Notice (On affidavit) ...

£3·15

(c) Fee on Brief on Motion on Notice (Heard on oral evidence)

Where the value of the subject matter (including land) does not exceed £1,000

£4·20

Where the value of the subject matter (including land) exceeds £1,000 ... ... ...

£5·25

(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 ... ... ... ...

£8·40

PROBATE

(i) Fee on brief, where the value of the Estate

(a) does not exceed £500 ... ... ... ...

£7·35

(b) exceeds £500 but does not exceed £1,500 ... ...

£10·50

(c) exceeds £1,500 ... ... ... ... ...

£15·75

(ii) (a) Fee on settling Civil Bill of Defence ... ... ...

£3·15

(b) Fee on settling Defence and Counterclaim ... ...

£4·20

(iii) Fee on advising Proofs ... ... ... ... ...

£3·15

(iv) Fee on Consultation ... ... ... ... ...

£3·15

(v) Fee on Interlocutory motion ... ... ... ...

£3·15

APPLICATIONS UNDER RENT RESTRICTIONS ACT

(i) Fee on Brief ... ... ... ... ... ...

£5·25

(ii) Fee on settling Notices where proper to be allowed on taxation ... ... ... ... ... ...

£2·10

(iii) Advising proofs ... ... ... ... ... ...

No fee

(iv) Consultation ... ... ... ... ...

No fee

DISTRICT COURT APPEALS

(1) Fee on Brief

(a) in any defended case of Contract or Tort

(i) where the amount recovered or claimed does not exceed £25

£3·15

(ii) where the amount recovered or claimed exceeds £25

£4·20

(b) in any defended Ejectment

£4·20

(2) Fee on Consultation, where proper to be allowed on taxation

£3·15

WORKMEN'S COMPENSATION ACTS

(i) Fee on Brief

(a) Originating Summons, Summons to Review or Redeem

£8·40

(b) Motion on Notice on reference to Court by County Registrar or adjourned, hearing requiring oral evidence

£5·25

(c) An Application ex parte or other Application or Motion requiring no oral evidence

£3·15

(ii) Fee on settling Originating Summons or Defence

£3·15

(iii) Fee on advising Proofs, where proper to be allowed on taxation

£3·15

(iv) Fee on Consultation, where proper to be allowed on taxation

£3·15

(v) Fee on Brief where claim compromised or discharged by payment of lump sum

No fee

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

(a) Does nor exceed £10 ... ... ... ...

£2·10

(b) exceeds £10 but does not exceed £50 ... ...

£4·20

(c) exceeds £50 but does bot exceed £200 ... ...

£6·30

(d) exceeds £200 but does not exceed £600 ... ...

£9·45

(e) exceeds £600 but does not exceed £1,000 ... ...

£12·60

(f) exceeds £1,000 but does not exceed £2,000 ...

£15·75

(g) exceeds £2,000 ... ... ... ... ...

Fee as may be allowed on taxation

(ii) Fee on advising Proofs ... ... ... ... ...

Where proper to be allowed on taxation £2·10, but not to exceed £4·20

(iii) Fee on Consultation

(a) where the amount does not exceed £200 ...

No fee

(b) where the amount exceeds £200 ... ... ...

£3·15

where proper to be allowed on taxation

LANDLORD AND TENANT ACTS

A—APPLICATION 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

(a) does not exceed £50

£4·20

(b) exceeds £50 but does not exceed £100

£6·30

(c) exceeds £100 but does not exceed £200

£10·50

(d) exceeds £200 but does not exceed £400

£12·60

(e) exceeds £400 but does not exceed £600

£15·75

(f) exceeds £600

Such fee as may be allowed taxation but not to exceed £21.

(ii) Fee on settling Notice of Application to Court or Notice of Dispute

£2·10

(iii) Fee on advising Proofs, where proper to be allowed on taxation

£3·15

(iv) Fee on Consultation

£3·15

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 the scale of fees.

(i) Fee on Brief, where the sum claimed

(a) does not exceed £50

£4·20

(b) exceeds £50 but does not exceed £100

£6·30

(c) exceeds £100 but does not exceed £200

£7·35

(d) exceeds £200 but does not exceed £300

£9·45

(e) exceeds £300 but does not exceed £600

£12·60

(f) exceeds £600

£15·75

(ii) Fee on settling Notice of Application to Court or Notice of Dispute

£2·10

(iii) Fee on advising Proofs, where proper to be allowed on taxation

£3·15

(iv) Fee on Consultation

£3·15

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 instalments due and unpaid under the agreement at the date of the commencement 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

(a) does not exceed £50

£4·20

(b) exceeds £50 but does not exceed £100

£6·30

(c) exceeds £100 but does not exceed £300

£10·50

(d) exceeds £300 but does not exceed £500

£13·65

(e) exceeds £500 but does not exceed £600

£15·75

(f) exceeds £600

£16·80

(ii) (a) Fee on settling Civil Bill or Defence

£3·15

(b) Fee on settling Defence and Counterclaim

£4·20

(iii) Fee on advising Proofs

£3·15

(iv) Fee on settling Notice for particulars or reply thereto

£2·10

*Where necessary to be settled by Counsel.

(v) Fee on Consultation

£3·15

GENERAL

20. For attending before the Judge on any interlocutory application (counsel to be allowed only when certified for by the Judge)

£1·60

£1·50

£2·00

£2·50

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

£1·50

£1·50

£1·50

£1·50

PART VIII

COSTS IN PROBATE MATTERS AND ACTIONS

Plaintiff's Costs

Where the rateable valuation of the lands or the value of the personality 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 £1000

exceeds rateable valuation £45 or personal estate £1,000

(1)

(2)

(3)

(4)

S.I. No. 41 of 1971.

CIRCUIT COURT RULES, 1971.

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

(as applied by the

Courts (Supplemental Provisions) Act, 1961

, section 48), and by

section 27

of the

Courts (Supplemental Provisions) Act, 1961

, 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 26th day of January, 1971.

J. C. Conroy

Thomas J. Neylon

James A. D'Arcy

Ernest J. Margetson

Micheal T. Neary, Secretary

I concur in the making of the annexed Rules of Court.

DATED this 5th day of February, 1971.

DESMOND O'MALLEY

Minister for Justice.

CIRCUIT COURT RULES, 1971.

These Rules, which may be cited as the Circuit Court Rules, 1971, shall come into operation on the 15th day of February, 1971.

1 Rule

1.

Order 10, of the Circuit Court Rules, 1950, as amended by the Circuit Court Rules, 1954 (

S.I. No. 212 of 1954

), and the Circuit Court Rules, 1967, (

S.I. No. 37 of 1967

) is hereby amended as follows:—

Order 10.

The sum of £0 50 shall be substituted for the sum of 10/- in Rule 3 of this Order.

2 Rule

2.

The Circuit Court Rules (No. 2), 1967 (

S.I. No. 118 of 1967

), are hereby revoked and Schedule I and Schedule II to these Rules shall be substituted therefor.

3 Rule

3.

Order 5, Rule 7 of the Circuit Court Rules (No. 2), 1970 (

S.I. No. 308 of 1970

), is hereby revoked and the following Rule is substituted therefor:—

"7. Whenever the plaintiff's claim is for a debt or liquidated claim only, the endorsement, besides stating the nature of the claim, shall state the amount claimed for debt or in respect of such demand, and for costs, respectively, and shall further state that, upon payment of such amount and costs within six days after service, further proceedings will be stayed. The amount to be so claimed for costs in all such cases where there has not been any order for service of the Civil Bill, or notice thereof, out of the jurisdiction, or for substituted or other service, or for substitution of notice for service, or declaring service effected sufficient, or any notice by advertisement of the issuing of the Civil Bill, shall be as follows:—

If the demand does not exceed £5·00

£3·23

It the demand exceeds £5·00 but does not exceed £25·00

£4·23

If the demand exceeds £25·00 but does not exceed £50·00

£4·73

If the demand exceeds £50·00 but does not exceed £300·00

£5·73

If the demand exceeds £300·00

£6·87

If there are more defendants than one, the above amounts may be increased by the sum of £0.25 for each additional defendant served. Additional service fees may also be included where same are payable in accordance with Order 10, Rule 3 of the Circuit Court Rules, 1950, as amended."

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