The County Court (Amendment No. 2) Rules 1988
S.I. 1988/897 · Made 12 May 1988
COUNTY COURTS
PROCEDURE
Made 12th May 1988
Coming into force 13th June 1988
Contents
- 1Citation and interpretation
- 2Costs
- 3Costs
- 4Costs
- 5Costs
- 6Costs
- 7Costs
- 8Costs
- 9Costs
- Signature
- Explanatory note
1Citation and interpretation
These Rules may be cited as the County Court (Amendment No. 2) Rules 1988.
In these Rules, unless the context otherwise requires, an Order referred to by number means the Order so numbered in the County Court Rules 1981f1 and Appendix A, B or C means Appendix A, B or C to those Rules.
2Costs
Order 38, rule 13(2) shall be amended by substituting, for the figures “£15.00” and “£21.50”, the figures “£16.00” and “£22.50” respectively.
3Costs
Order 38, rule 14(1) shall be amended by substituting, for the figures “£21.50”, “£43.00” and “£85.00” wherever they appear in the Table, the figures “£22.50”, “£45.50” and “£89.50” respectively.
4Costs
Appendix A shall be amended by substituting, for the entries in the last 3 columns corresponding to the numbered items, the following:—
“
Item No. Scale 1 Scale 2 Scale 3 £ £ £ 100—500 500—3,000 3,000+ 1. FOR ALL SCALES
6 — 25
2. FOR ALL SCALES
6 — 24
3. FOR ALL SCALES
4.35 per page (or proportionately)
2.95 per page (or proportionately)
4. (a) FOR ALL SCALES
0.52 per page
0.88 per page
1.20 per page
(b) FOR ALL SCALES
0.18 per page
0.34 per page
5. FOR ALL SCALES
10 — 66
6. such sum as is fair and reasonable not exceeding 367 such sum as is fair and reasonable not exceeding 940 Discretionary 7. 6.00 6.00 10.40 8. FOR ALL SCALES
10.50
9. not exceeding not exceeding not exceeding (a) 27 75 93 (b) 6 — 13 6 — 20 6 — 26 10. FOR ALL SCALES
3 — 10
11. not exceeding not exceeding not exceeding (a) 46 111 161 (b) 6 — 15 6 — 55 6 — 80 12. (a) 26.50 — 94 32.50 — 218 Discretionary (b) 13 — 48.50 16.50 — 109.50 Discretionary (c) 10 — 39 12 — 54 14 — 75 (d) FOR ALL SCALES
19
(e) On conference in chambers or elsewhere: for each half hour or part thereof 6 10 14 and for leading counsel 7 17 26.50 (f) 6 — 10.50 10.50 — 27.50 12 — 39 (g) 4 — 11.50 11.50 — 32.50 13 — 66.50 13. (a) 7.25 — 19.25 7.25 — 54 7.25 — 69 (b) 7.25 7.25 — 19.50 7.25 — 28 ”
5Costs
Appendix A shall be further amended by inserting after item 12(g) the following new item—
“
12(h) For advising in writing on liability, quantum and evidence 7 — 19 19 — 54 22 — 110 ”
6Costs
Appendix B, Part I, paragraph 4 shall be amended by substituting, for the Tables of Fixed Costs, the following Tables:
“TABLES OF FIXED COSTS
TABLE 1
Where claim exceeds £25 but does not exceed £250
Amount of charges £ (a) Where service is not by solicitor 20.00 (b) Where service is by solicitor 22.00 TABLE II
Where claim exceeds £250 but does not exceed £600
Amount of charges £ (a) Where service is not by solicitor 26.00 (b) Where service is by solicitor 31.00 TABLE III
Where claim exceeds £600 but does not exceed £2,000
Amount of charges £ (a) Where service is not by solicitor 44.00 (b) Where service is by solicitor 49.00 TABLE IV
Where claim exceeds £2,000
Amount of charges £ (a) Where service is not by solicitor 48.00 (b) Where service is by solicitor 53.00 ”
7Costs
Appendix B, Part II shall be amended by substituting, for the Table, the following Table:
“FIXED COSTS ON JUDGEMENTS
Column 2 Sum of Money A B C Exceeding £25 but not exceeding £600 Exceeding £600 but not exceeding £3000 Exceeding £3000 Column 1 £ £ £ (a) Where judgment is entered in a default action in default of defence… 7.00 13.00 14.75 (b) Where judgment is entered on the defendant’s admission and the plaintiff’s acceptance of his proposal as to mode of payment… 12.00 26.00 30.00 (c) Where judgment is entered on an admission delivered by the defendant and the court’s decision is given as to the date of payment or instalments by which payment is to be made… 16.50 33.00 39.00 (d) Where judgment is given in a fixed date action for:— (i) delivery of goods, or (ii) possession of land suspended on payment of arrears of rent, whether claimed or not, in addition to current rent and the defendant has neither delivered a defence, admission or counter-claim nor otherwise denied liability… 24.00 36.50 45.50
Exceeding £500 but not exceeding £3,000 Exceeding £3,000 (e) Where summary judgment is given under Order 9, rule 14 57.00 65.00 ”
8Costs
Appendix B, Part III shall be amended by substituting, for paragraphs (a) and (b) of item 7 and for the amounts to be allowed corresponding to the numbered items, the following:—
| Amount to be allowed | |
|---|---|
| 1. | 8.00 |
| 2. | 8.00 |
| 3. | 1.30 |
| 4. | 5.00 |
| 5. | 16.00 |
| 6. | 5.25 |
| 7. (a) where the money is recovered is less than £57 | one half of the amount recovered |
| (b) where the money recovered is not less than £57 | 29.50 |
| 8. | 29.50 |
| 9. | 5.00 |
9Costs
Appendix C, paragraph 2 shall be amended by substituting, for the Table, the following:—
“
Column 1 Column 2 Scale Amount of Charges Lower Scale 37.00 — 57.00 Scale 1 41.00 — 104.00 Scale 2 64.00 — 389.00 Scale 3 93.00 — 469.00 ”
Signature
We, the undersigned members of the Rule Committee appointed by the Lord Chancellor under section 75 of the County Courts Act 1984f1, having by virtue of the powers vested in us in this behalf made the foregoing Rules, do hereby certify the same under our hands and submit them to the Lord Chancellor accordingly.
C. S. Stuart-White,
R. Lockett,
Deirdre McKinney,
P. G. Hebbert,
R. E. Hammerton,
Timothy Stow,
R. Greenslade
R. C. Newport.
Gillian Stuart-Brown,
I allow these Rules, which shall come into force on 13th June 1988.
MacKay of Clashfern, C.
Dated 12th May 1988
Explanatory note
(This note is not part of the Rules)
These Rules amend the provisions relating to costs in the County Court Rules 1981 by increasing fixed costs by approximately 5.4% (rules 2 to 4 and 6 to 9) and by introducing a new item for which costs are fixed (rule 5).