S.I. No. 175/1972:

DISTRICT COURT (COSTS) RULES, 1972.

DISTRICT COURT (COSTS) RULES, 1972.

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 17 of the Interpretation Act, 1937 (as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 ), and section 34 of the Courts (Supplemental Provisions) Act, 1961 , do hereby, with the concurrence of the Minister for Justice, make the following Rules of Court:--

1. These Rules may be cited as the District Court (Costs) Rules, 1972.

2. These Rules shall come into operation on the 1st day of September, 1972, and shall be read together with all other District Court Rules for the time being in force.

3. (1) The costs to be awarded in proceedings instituted in the District Court on or after the 1st day of September, 1972, shall be in accordance with the Schedule of Costs hereto.

(2) The Scales of Costs set out in the Schedule of Costs hereto shall be substituted for those set out in the Schedule of Costs to the District Court (Costs) Rules, 1964 ( S.I. No. 279 of 1964 ) as substituted by the Schedule of Costs to the District Court (Costs) Rules, 1970 ( S.I. No. 315 of 1970 ), which are hereby annulled save as to any proceedings pending in the District Court on the coming into operation of these Rules, which proceedings shall be continued and completed as if these Rules had not been made.

GIVEN this 7th day of July, 1972.

Cathal Ó Floinn, Chairman.

John Carr.

D. Ua Donnchadha.

Richard Knight.

Nial Fennelly.

Andrew Eddery.

I concur in the making of the foregoing Rules.

Dated this 20th day of July, 1972.

DESMOND O'MALLEY,

Minister for Justice.

SCHEDULE OF COSTS.

SOLICITORS' COSTS IN SUMMARY JUDGMENT PROCEEDINGS.

The above Scale of Costs shall in every instance be exclusive of and in addition to all actual and necessary outlay.

The above Scale of Costs shall apply to any proceeding at the suit of the Attorney General or any Minister of State or Government Department.

If the Civil Process is defended the costs of the successful party shall be in accordance with the appropriate contract, breach of contract and tort scale.

SCHEDULE OF COSTS.

SOLICITORS' COSTS IN CONTRACT, BREACH OF CONTRACT AND TORT PROCEEDINGS AND IN CLAIMS FOR DAMAGES UNCONNECTED WITH CONTRACT.

The above Scale of Costs shall in every instance be exclusive of and in addition to all actual and necessary outlay.

The above Scale of Costs shall apply to actions for wrongful detention brought by virtue of section 33, subsection (3) of the Courts (Supplemental Provisions) Act, 1961, according to the value of the goods as determined by the Court.

The above Scale of Costs shall apply to actions for wrongful detention arising out of a hire purchase transaction.

The above Scale of Costs shall apply to any proceeding at the suit of the Attorney General or any Minister of State or Government Department.

SCHEDULE OF COSTS.

SOLICITORS' COSTS IN EJECTMENT PROCEEDINGS INSTITUTED BY CIVIL PROCESS.

The above Scale of Costs shall in every instance be exclusive of and in addition to all actual and necessary outlay.

The above Scale of Costs shall not apply to ejectment proceedings brought before the Court on summons pursuant to the provisions of section 15 of the Summary Jurisdiction (Ireland) Act, 1941, 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 proceedings costs shall be in the discretion of the Justice and shall not exceed £3·20 ; in any case, unless the Justice for special reason shall otherwise order.

*The above Scale of Costs shall apply to ejectment proceedings brought before the Court by civil process pursuant to the provisions of 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 .

SCHEDULE OF COSTS.

SOLICITORS' COSTS IN PROCEEDINGS UNDER THE ENFORCEMENT OF COURT ORDERS ACTS, 1926 AND 1940.

COSTS IN RELATION TO INSTALMENT ORDERS.

The above Scale of Costs shall in every instance be exclusive of and in addition to all actual and necessary outlay.

SCHEDULE OF COSTS.

SOLICITORS' COSTS IN SUMMARY PROCEEDINGS BROUGHT BY SUMMONS FOR THE RECOVERY OF RATES.

The above Scale of Costs shall in every instance be exclusive of and in addition to all actual and necessary outlay.

SCHEDULE OF COSTS.

MISCELLANEOUS COSTS.

The above Scale of Costs shall be chargeable in addition to the charges in the other Scales in this Schedule.

ACTIONS 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 in this Schedule to a minimum sum of £11.75 or such greater sum as the Justice may in the circumstances think fit.

EXPLANATORY NOTE.

These Rules, which come into operation on 1 September, 1972, provide for revised scales of solicitors' costs in the District Court. The Scales of Costs set out in the Schedule to the Rules replace the Scales of Solicitors' Costs set out in the Schedule of Costs to the District Court (Costs) Rules, 1970 ( S.I. No. 315 of 1970 ). The new scales cover the increased jurisdiction of the District Court under the Courts Act, 1971 (No. 36 of 1971).