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The Matrimonial Causes (Costs) (Amendment) Rules 1990

S.I. 1990/490 · Made 5 March 1990

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

MATRIMONIAL CAUSES

SUPREME COURT OF ENGLAND AND WALES

COUNTY COURTS

Made 5th March 1990

Laid before Parliament 9th March 1990

Coming into force 1st April 1990

We, the authority having power to make rules of court for the purposes mentioned in section 50 of the Matrimonial Causes Act 1973f1, in exercise of that power and the further power conferred on us by section 64 of the Family Law Act 1986f2, hereby make the following Rules:

Annotations to the whole text

Footnotes

f1

1973 c. 18; section 50 was amended by the Domicile and Matrimonial Proceedings Act 1973 (c. 45), section 6(2), by the Inheritance (Provision for Family and Dependants) Act 1975 (c. 63), Schedule, by the Children Act 1975 (c. 72), Schedule 3 paragraph 79, by the Administration of Justice Act 1977 (c. 38), Schedule 5 Part VI, by the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), Schedule 2 paragraph 40, by the Matrimonial Homes Act 1983 (c. 19), Schedule 2, by the County Courts Act 1984 (c. 28), section 148, Schedule 2 Part V paragraph 44, and by the Family Law Act 1986 (c. 55), section 64, Schedule 1 paragraph 15.

f2

1986 c. 55

Contents

  1. 1Article 1
  2. 2Article 2
  3. 3Article 3
  4. Signature
  5. Explanatory note

1

(1)

These Rules may be cited as the Matrimonial Causes (Costs) (Amendment) Rules 1990 and shall come into force on 1st April 1990.

(2)

In these Rules, unless the context otherwise requires, a rule or Schedule referred to by number means the rule or Schedule so numbered in the Matrimonial Causes (Costs) Rules 1988f1.

(3)

These Rules shall apply for the taxation of the costs of work done on or after 1st April 1990.

2

In rule 11(3), for the sum “£7.00”, there shall be substituted the sum “£7.50”.

3

For Schedule 2, there shall be substituted the following Schedule —

“SCHEDULE 2

PART 1

PREPARATION

Column 1Column 2Column 3
High CourtCounty Court
ITEM
1.Writing routine letters£3.75 per item£3.25 per item
2.Receiving routine letters£1.85 per item£1.60 per item
3.Routine telephone calls£3.375 per item£3.25 per item
4.All other preparation work including any work which was reasonably done arising out of or incidental to the proceedings, interviews with client, witnesses, and other parties; obtaining evidence; preparation and consideration of, and dealing with documents, negotiations and notices; dealing with letters written and received and telephone calls which are not routineWhere the proceedings were conducted in the divorce registry or in another court on the South-Eastern Circuit at the time when the relevant work was done:
£41.50 per hour£36.50 per hour
All other circuits:
£39.00 per hour£34.50 per hour
5.In addition to items 1-4 above, to cover the general care and conduct of the proceedings+50%+50%
6.Travelling and waiting time in connection with the above matters£28.50 per hour£26.25 per hour

PART II

CONFERENCES WITH COUNSEL

7.Attending counsel in conference£33.00 per hour£29.00 per hour
8.Travelling and waiting£28.50 per hour£26.25 per hour

PART III

ATTENDANCES

9.Attending with counsel at the trial or hearing of any cause or the hearing of any summons or other application at court or other appointment£33.00 per hour£29.00 per hour
10.Attending without counsel at the trail or hearing of any cause or the hearing of any summons or other application at court, or other appointment£50.00 per hour£47.00 per hour
11.Travelling and waiting£28.50 per hour£26.25 per hour

PART IV

FEES FOR JUNIOR COUNSEL

12.With a brief on an unopposed application for an injunction, or procedural issue

Standard £79.00

Maximum £131.00

£68.00

£113.00

13.

With a brief on the trial of a cause or matter or on the hearing of an ancillary application or on a children appointment where the hearing lasts for

  1. (a)

    one hour

Standard £119.00

Maximum £239.00

£102.00

£204.00

(b)

a half day

Standard £165.00

Maximum £272.00

£142.00

£239.

(c)

a full day

Standard £329.00

Maximum £522.00

£284.00

£454.00

(d)

more than a full day

DiscretionaryDiscretionay
14.For each day or part of a day on which the trial of a cause or matter, or the hearing of an ancillary application, or a children appointment, is continued after the first dayDiscretionaryDiscretionary
15.Conference (including time reasonably spent in preparation and conference, but not otherwise remunerated)Standard £18.00 per ½ hourStandard £16.00 per ½ hour
16.
(a)

Complex items of written work (such as advice on evidence, opinions and affidavits of a substantial nature, requests for particulars or answers)

Standard £86.00 per itemStandard £74.00 per item
(b)

All other written work

Standard £51.00 per itemStandard £45.00 per item
17.Except where the court is within 25 miles of Charing Cross or where there is no local Bar in the court town, or within 25 miles thereof, for travelling timeStandard £16.50 per hour + expensesStandard £14.20 per hour + expenses

PART V

TAXATION AND REVIEW OF TAXATION

18.Preparing the bill (where allowable) and completing the taxation (excluding preparing for and attending the taxation)£28.50–£80.00£28.50–£45.50
19.Preparing for and attending the taxation (including travelling and waiting)DiscretionaryDiscretionary
20.Review by registrar or judge (including preparation)DiscretionaryDiscretionary

”

Signature

Mackay of Clashfern, C.

Dated 5th March 1990

Stephen Brown, P

Mathew Thorpe, J

Roy Ward

C F Turner

Roger Bird

Hugh Morgan

Eleanor F Platt

M J W Churchouse

Henry Hodge

Explanatory note

(This note is not part of the Rules)

These Rules amend the Matrimonial Causes (Costs) Rules 1988 so as to revise the prescribed rates of costs.