S.I. No. 322/1972 - Circuit Court Rules (No. 3), 1972.

1. Attendance for the purpose of obtaining a side bar order

£0·95

2. Attendance in proceedings before the County Registrar where not otherwise provided for

£0·95

3. Attendance at the office for the purpose of issuing a witness summons

£0·95

4. Attendance at the office for issuing or filing any document not otherwise provided for

£0·95

5. Attendance in Court not otherwise provided for

£2·20

6. Preparation of brief on ex parte or interlocutory application

£0·95

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

(a) drawing

£0·08

(b) engrossing

£0·05

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

£0·05

9. Attending consultation when fee allowed to Counsel for same

£1·90

10. Copies of documents where necessary per folio

(a) originals

£0·05

(b) carbon copies

£0·03

11. Attending Counsel

(a) to settle civil bill or defence

£0·65

(b) any other necessary attendance

£0·65

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

£0·08

Minimum

£1·90

13. Drawing costs with copy for taxation, Item

£0·01

14. Attending to lodge costs and have date allocated

£0·65

15. Service thereof

£0·20

16. Summons to tax

£0·30

17. Copies for service and to annex, Each

£0·16

18. Attending taxation

£1·25

19. Drawing certificate of taxation

£0·45

EXPLANATORY NOTE.

These Rules, which come into operation on 1 January, 1973, provide for revised scales of solicitors' costs in the Circuit Court. The scales of costs set out in Schedule I to the Rules replace the scales of solicitors' costs set out in Schedule I to the Circuit Court Rules, 1971 (

S.I. No. 41 of 1971

). The new scales cover the increased jurisdiction of the Circuit Court under the

Courts Act, 1971

(No. 36 of 1971). The new Rules also revoke the Circuit Court Rules (No. 2), 1972 (

S.I. No. 189 of 1972

) and repeat the provisions contained therein. The Minister for Industry and Commerce has, under section 2 (2) (

a

) of the

Prices (Amendment) Act, 1972

, consented to the exercise by the rule-making authority (the Circuit Court Committee with the concurrence of the Minister for Justice) of their statutory powers to determine the costs dealt with in the Rules.

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

£1·90

£1·90

£2·50

£3·55

£4·95

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 for any other item herein contained

£1·90

£1·90

£1·90

£1·90

£1·90

PART VIII

COSTS IN PROBATE MATTERS AND ACTIONS

Where the rateable valuation of the lands or the value of the personalty involved

Plaintiff'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

Defendant's Costs

(1)

(2)

(3)

(4)

S.I. No. 322 of 1972.

CIRCUIT COURT RULES (No. 3), 1972.

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 Courts.

Dated this 27th day of November, 1972

Barra Ó Briain

J. C. Conroy

Thomas J. Neylon

Roderick J, O'Hanlon

Matthew Russell

Francis J. Gannon

Ernest J. Margetson

Michael T. Neary, Secretary.

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

Dated this 19th day of December, 1972.

DESMOND O'MALLEY,

Minister for Justice.

CIRCUIT COURT RULES (No. 3), 1972.

These Rules, which may be cited as the Circuit Court Rules (No. 3), 1972, shall come into operation on the 1st day of January, 1973.

RULE 1.

The schedule entitled "Schedule I" to the Circuit Court Rules, 1971 (

S.I. No. 41 of 1971

) is hereby revoked and Schedule I to these Rules shall be substituted therefor.

RULE 2.

Rule 1 of the Circuit Court Rules (No. 2), 1972 (

S.I. No. 189 of 1972

) 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 £10 ..

75p

Together with such outlay limited to stamp duty and service fees as may be appropriate to proceedings in the District Court.

If the demand exceeds £10 but does not exceed £25 .. .. .. ..

£1·50

If the demand exceeds £25 but does not exceed £50 .. .. .. ..

£2·15

If the demand exceeds £50 but does not exceed £250 .. .. .. ..

£3·40

If the demand exceeds £250 but does not exceed £500 .. .. ..

£4·50

If the demand exceeds £500 but does not exceed £1,000 .. .. ..

£6·00

If the demand exceeds £1,000 but does not exceed £1,500 .. .. ..

£7·00

If the demand exceeds £1,500 ..

£8·00

If there are more defendants than one, the above amounts may be increased by the sum of £0·35 for each additional defendant served".

RULE 3

Rule 2 of the Circuit Court Rules (No. 2), 1972 (

S.I. No. 189 of 1972

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

"5. The award of costs in any case shall include witnesses' expenses unless disallowed in whole or in part by the Judge. Such expenses shall be measured by the Judge or where the Judge so directs by the County Registrar, subject to an appeal to the Court.

In this rule the word "expenses" shall in the case of an expert witness include his reasonable charges in respect of all necessary matters preliminary to the hearing".

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

exceeds £250 but does not exceed £600 (1)

exceeds £600 but does not exceed £1,000 (2)

exceeds £1,000 but does not exceed £1,500 (3)

exceeds £1,500 (4)