The County Court (Amendment) Rules 1990
S.I. 1990/516 · Made 5 March 1990
COUNTY COURTS
PROCEDURE
Made 5th March 1990
Coming into force 1st April 1990
Contents
- 1Citation and interpretation
- 2Citation and interpretation
- 3Costs
- 4Costs
- 5Costs
- 6Costs
- Signature
- Explanatory note
1Citation and interpretation
These Rules may be cited as the County Court (Amendment) Rules 1990.
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.
The community charge
2Citation and interpretation
In relation to domestic property within the meaning of section 66 of the Local Government Finance Act 1988f1, references in Order 6, rule 3(1)(b) to the net annual value for rating or to the net value for rating shall be construed as references to the value shown on the valuation list in force on 31st March 1990 or to its value by the year, as the case may be.
3Costs
Order 38, rule 13(2) shall be amended by substituting, for the figures “£17.00” and “£24.00”, the figures “£18.50” and “£26.00” respectively.
4Costs
Order 38, rule 14(1) shall be amended by substituting, for the figures “£24.00”, “£48.00” and “£95.00” wherever they appear in the Table, the figures “£26.00”, “£51.50” and “£102.00” respectively.
5Costs
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+ 1FOR ALL SCALES
7.00 — 28.50
2FOR ALL SCALES
7.00 — 27.40
3FOR ALL SCALES
4.95 per page (or proportionately)
3.30 per page (or proportionately)
4(a)FOR ALL SCALES
0.60 per page
1.00 per page
1.35 per page
(b)FOR ALL SCALES
0.20 per page
0.40 per page
5FOR ALL SCALES
11.80 — 75.00
6such sum as is fair and reasonable not exceeding £420 such sum as is fair and reasonable not exceeding £1070 Discretionary 77.00 7.00 11.80 8FOR ALL SCALES
11.80
9(a)not exceeding
31.00
not exceeding
86.00
not exceeding
106.00
(b)7.00 – 15.00 7.00 – 22.50 7.00 – 29.50 10FOR ALL SCALES
3.75 – 11.25
11(a)not exceeding
52.50
not exceeding
127.00
not exceeding
183.00
(b)7.00 – 17.00 7.00 – 63.00 7.00 – 91.00 12(a)30 – 107 37 – 247 Discretionary (b)15 – 55 18.50 – 124 Discretionary (c)11.50 – 44 14 – 61 16 – 85 (d)FOR ALL SCALES
21.50
(e)On conference in chambers or elsewhere:
for each half hour or part thereof
6.95 11.50 16.00
and for leading counsel.
8.00 19.00 30.00 (f)6.95 – 11.75 11.75 – 31.00 14.00 – 44.50 (g)4.25 – 13.00 13.00 – 37.00 15.00 – 75.50 (h)8.00 – 21.50 21.50 – 61.00 25.00 – 124.50 13(a)8.20 – 22.00 8.20 – 61.25 8.20 – 78.50 (b)8.20 8.20 – 22 00 8.20 – 31.75 ”.
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 I
Where claim exceeds £25 but does not exceed £250
Amount of charges £ (a)Where service is not by solicitor
22.50 (b)Where service is by solicitor
25.25 TABLE II
Where claim exceeds £250 but does not exceed £600
Amount of charges £ (a)Where service is not by solicitor
30.00 (b)Where service is by solicitor
35 50 TABLE III
Where ciaim exceeds £600 but does not exceed £2,000
Amount of charges £ (a)Where service is not by solicitor
50.50 (b)Where service is by solicitor
56.00 TABLE IV
Where claim exceeds £2,000
Amount of charges £ (a)Where service is not by solicitor
55.00 (b)Where service is by solicitor
60.00 7Appendix B, Part II shall be amended by substituting, for the entries in column 2, corresponding to the lettered paragraphs in column 1, the following –
“
(a)8.00 15.00 16.50 (b)14.00 29.50 34.50 (c)19.00 37.50 44.50 (d)28.00 41.75 52.00 (e)65.00 74.00 ”.
8Appendix 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 be allowed 19.00 29.00 31.60 46.00 518.25 66.00 7(a)where the money recovered is less than £65.00
one half of the amount recovered (b)where the money recovered is not less than £65.00
34.00 8.
52.00 95.75 ”.
9Appendix C, paragraph 2 shall be amended by substituting, for the Table, the following –
Column 1 Column 2 Scale Amount of charges Lower Scale 42.00 – 65.00 Scale 1 46.50 – 118.00 Scale 2 73.00 – 443.00 Scale 3 106.00 – 534.00 ”.
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 that 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
Eifion Roberts
A N Fricker
R E Hammerton
R Greenslade
K H P Wilkinson
Patrick Eccles
R C Newport
Gillian Stuart-Brown
I allow these Rules, which shall come into force on 1st April 1990.
Mackay of Clashfern. C.
Dated 5th March 1990
Explanatory note
(This note is not part of the Rules)
These Rules amend the County Court Rules 1981 so as —
to provide for the modification of provisions relating to the rateable value of domestic property as a result of the introduction of the community charge (Rule 2); and
to revise the provisions relating to costs (Rules 3 to 9).