OpenLegislation

Rule 14 Costs in undefended cases

Northern Ireland

(1)

f1Where a defendant pays the amount due or delivers up possession, as the case may be, within 21 days from service of the civil bill and also within that period pays 50% of the solicitor’s costs in column 2 of [f2 Table 2] of Part I or of Table 1 of Part III of Appendix 2 as appropriate, together with all of the plaintiff’s outlay including counsel’s fee (if any) properly incurred to the date of settlement he shall not be liable for any further costs.

(2)

The costs awarded to a solicitor where he enters judgment on behalf of a plaintiff in accordance with Order 12 Rule 1 shall be the scale fee in accordance with [ Table 2] in Part I of Appendix 2.

[(3)

f3Subject to paragraphs (4), (5) and (6) where judgment is entered on behalf of a plaintiff in accordance with Order 12, rule 2 and damages are assessed under Order 12, rule 13 or 16 the costs awarded to a solicitor or counsel shall be 50% of the scale fee payable under the relevant Table (as determined by the cause of action) in Appendix 2.

(4)

Costs shall only be awarded to counsel in accordance with paragraph (3) if [f4 the judge or district judge as the case may be] has certified that it was necessary to instruct counsel in that case.

(5)

Notwithstanding paragraph (3), the amount of 50% of the scale fee prescribed by paragraph (3) (being the costs payable to a solicitor and, if allowed, to counsel where judgment is entered on behalf of a plaintiff in accordance with Order 12, rule 2 and damages are assessed under Order 12, rules 13 or 16) may be increased at the discretion of the judge or district judge.

(6)

Notwithstanding paragraphs (3) to (5), in any case whether commenced by civil bill or on petition, where the approval of [ the judge or district judge as the case may be] is required under Order 44, rule 1(1)(a), the costs payable to a solicitor and counsel shall be the full scale fee allowable under Appendix 2, Part 1.]

Annotations

Footnotes

f1

Rule 14 substituted by S.R. 1995 No. 282 with effect from 01.09.95

f2

Words substituted by S.R. 2006 No. 521 with effect from 08.01.07

f3

Paragraphs 3–6 inserted by S.R. 2002 No. 412 with effect from 03.03.03

f4

Words amended by S.R. 2013 No. 19 with effect from 25.02.13