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The County Court (Amendment) Rules 1990

S.I. 1990/516 · Made 5 March 1990

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COUNTY COURTS

PROCEDURE

Made 5th March 1990

Coming into force 1st April 1990

Contents

  1. 1Citation and interpretation
  2. 2Citation and interpretation
  3. 3Costs
  4. 4Costs
  5. 5Costs
  6. 6Costs
  7. Signature
  8. Explanatory note

1Citation and interpretation

(1)

These Rules may be cited as the County Court (Amendment) Rules 1990.

(2)

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 1Scale 2Scale 3
£ 100 500£ 500-3,000£ 3.000+
1

FOR ALL SCALES

7.00 — 28.50

2

FOR ALL SCALES

7.00 — 27.40

3

FOR 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

5

FOR ALL SCALES

11.80 — 75.00

6
such sum as is fair and reasonable not exceeding £420such sum as is fair and reasonable not exceeding £1070Discretionary
7
7.007.0011.80
8

FOR ALL SCALES

11.80

9
(a)

not exceeding

31.00

not exceeding

86.00

not exceeding

106.00

(b)
7.00 – 15.007.00 – 22.507.00 – 29.50
10

FOR ALL SCALES

3.75 – 11.25

11
(a)

not exceeding

52.50

not exceeding

127.00

not exceeding

183.00

(b)
7.00 – 17.007.00 – 63.007.00 – 91.00
12
(a)
30 – 10737 – 247Discretionary
(b)
15 – 5518.50 – 124Discretionary
(c)
11.50 – 4414 – 6116 – 85
(d)

FOR ALL SCALES

21.50

(e)

On conference in chambers or elsewhere:

for each half hour or part thereof

6.9511.5016.00
  • and for leading counsel.

8.0019.0030.00
(f)
6.95 – 11.7511.75 – 31.0014.00 – 44.50
(g)
4.25 – 13.0013.00 – 37.0015.00 – 75.50
(h)
8.00 – 21.5021.50 – 61.0025.00 – 124.50
13
(a)
8.20 – 22.008.20 – 61.258.20 – 78.50
(b)
8.208.20 – 22 008.20 – 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
7

Appendix 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)
8.0015.0016.50
(b)
14.0029.5034.50
(c)
19.0037.5044.50
(d)
28.0041.7552.00
(e)
65.0074.00

”.

8

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 be allowed
1
9.00
2
9.00
3
1.60
4
6.00
5
18.25
6
6.00
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
9
5.75

”.

9

Appendix C, paragraph 2 shall be amended by substituting, for the Table, the following –

Column 1Column 2
ScaleAmount of charges
Lower Scale42.00 – 65.00
Scale 146.50 – 118.00
Scale 273.00 – 443.00
Scale 3106.00 – 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 —

(a)

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

(b)

to revise the provisions relating to costs (Rules 3 to 9).