OpenLegislation

Section 74 Special provisions as to contentious business done in county courts.C1C2C3

England and Wales

(1)

The remuneration of a solicitor in respect of contentious business done by him in F1the county court shall be regulated in accordance with sections 59 to 73, and for that purpose those sections shall have effect subject to the following provisions of this section.

F2(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C4C5C6(3)

The amount which may be allowed on the F3assessment of any costs or bill of costs in respect of any item relating to proceedings in F4the county court shall not, except in so far as rules of court may otherwise provide, exceed the amount which could have been allowed in respect of that item as between party and party in those proceedings, having regard to the nature of the proceedings and the amount of the claim and of any counterclaim.

Annotations

Textual amendments

F1

Words in s. 74(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 26(a); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F2

S. 74(2) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 26(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F3

Word in s. 74(3) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 69(b) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(ii) (with art. 9)

F4

Words in s. 74(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Modifications

C1

S. 74 extended (1.1.1992) by Administration of Justice Act 1985 (c. 61, SIF 34), s. 9, Sch. 2 para. 22(2); S.I. 1991/2683, art. 2

C2

S. 74 extended (22.5.2000) by S.I. 2000/1119, regs. 1, 37(3), Sch. 4 para. 7(2)

C3

Ss. 70-74 applied (with modifications) (23.12.2011) by The Legal Services Act 2007 (Designation as a Licensing Authority) (No. 2) Order 2011 (S.I. 2011/2866), art. 1(2), Sch. 1 paras. 1, 3, 5

C4

Power to apply conferred by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), s. 42(2)

C5

S. 74(3) extended by S.I. 1988/1328, reg. 22

C6

S. 74(3) applied by The Civil Procedure Rules 1998 (S.I. 1998/3132) rule 46.9 (as substituted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), art. 2, rule 16, Sch. (with art. 22))