OpenLegislation

Rule 7 Exercise of discretion in respect of costs

Northern Ireland

(1)

In any suit or proceedings for which no scale of costs is prescribed, the amount of costs shall be in the discretion of [f1 the judge or district judge as the case may be].

(2)

Where, in any suit or proceedings for which a scale of costs is prescribed, [ the judge or district judge as the case may be] is satisfied that any party has unreasonably and for the primary purpose of increasing his costs included in his claim an amount in respect of any undisputed loss or damage, [ the judge or district judge as the case may be] may reduce the amount of costs payable to that party by such amount as he shall think fit.

[(3)

f2The costs awarded on any application under Article 14 of the 1988 Order shall be in the discretion of [ the judge or district judge as the case may be].

(4)

The costs awarded on an application under—

(a)

Article 7(3), 8(1), 16(1) or 16(4) of the 1977 Order;

(b)

Article 15, 16(6), 17 or 18(4) of the 1988 Order;

(c)

section 28(4) of the 1978 Act or section 63(3) of the 1991 Act,

shall be in the discretion of [f3 the judge or district judge as the case may be] both as to incidence and amount.

(5)

In this Order—

  • “the 1977 Order” means the Criminal Damage (Compensation) (Northern Ireland) Order 1977f4;

  • “the 1978 Act” means the Northern Ireland (Emergency Provisions) Act 1978f5;

  • “the 1988 Order” means the Criminal Injuries (Compensation) (Northern Ireland) Order 1988f6;

  • “the 1991 Act” means the Northern Ireland (Emergency Provisions) Act 1991f7.];

Annotations

Footnotes

f1

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

f2

Paragraphs inserted by S.R. 1992 No. 248 with effect from 01.07.92

f3

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

f4

S.I. 1977 No. 1247 (N.I. 14)

f5

1978 c. 5

f6

S.I. 1988 No. 793 (N.I. 4)

f7

1991 c. 24