S.I. No. 123/2016 - District Court (Solicitors' costs) Rules 2016.

1. (1) These Rules, which may be cited as the District Court (Solicitors’ costs) Rules 2016, shall come into operation on the 31st day of March 2016.

(2) These Rules shall be construed together with the District Court Rules 1997 (

S.I. No. 93 of 1997

) and all other District Court Rules.

(3) The District Court Rules as amended by these Rules may be cited as the District Court Rules 1997 to 2016.

2. The District Court Rules are amended by the substitution of the table in Schedule 1 for the table bearing the like number in the Schedule of Costs annexed to the District Court Rules 1997.

Schedule 1

3. Solicitors costs in landlord and tenant (ejectment) proceedings

Annual Rent

Costs if settled without necessity for appearance

Costs of judgment (decree) if case not defended

Costs of judgment (decree) if case defended (assessment of damages)

Costs of judgment (decree/ dismiss) if case defended (liability)

€

€

€

€

Not exceeding €3,000

180

300

390

450

Exceeding €3,000 and not exceeding €6,000

360

600

780

900

Exceeding €6,000 and not exceeding €9,000

540

900

1,170

1,350

Exceeding €9,000 and not exceeding €12,000

720

1,200

1,560

1,800

Exceeding €12,000 and not exceeding €15,000

900

1,500

1,950

2,250

The above scale of costs (3)

—is in every instance exclusive of and in addition to all actual and necessary outlay;

— does not apply to ejectment proceedings brought before the Court by summons pursuant to section 15 of the

Summary Jurisdiction (Ireland) Act 1851

; section 10 of the

Summary Jurisdiction (Ireland) Amendment Act 1871

or sections 81, 84, 85 and 86 of the

Landlord and Tenant (Ireland) Act 1860

— in such proceedings costs shall be in the discretion of the Court and shall not exceed €110 in any case unless the Court shall, for special reason, otherwise order;

— applies to ejectment proceedings brought before the Court on civil summons pursuant to section 82 of the

Civil Bill Courts (Ireland) Act 1851

as applied to the District Court by section 17 of the

Courts of Justice Act 1928

.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These rules amend the District Court Rules by the substitution of table 3 in the Schedule of Costs annexed to District Court Rules 1997.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

8

th March

, 2016.

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

,

section 34

of the

Courts (Supplemental Provisions) Act 1961

, and

section 24

of the

Interpretation Act 2005

, do hereby, with the concurrence of the Minister for Justice and Equality, make the following rules of court.

Dated this 11th day of May 2015.

Rosemary Horgan Chairperson

Mary C Devins

Brian Sheridan

Anne Watkin

Grainne Larkin

Roy Pearson

Noel A Doherty

Michelle Johnston

I concur in the making of the following rules of court.

Dated this 3rd day of March 2016.

FRANCES FITZGERALD

Minister for Justice and Equality

S.I. No. 123 of 2016

DISTRICT COURT (SOLICITORS’ COSTS) RULES 2016