1.—(1) In this Order—
“certificate” includes allocatur;
“contentious business” and non-contentious business" have the same meanings respectively as in the Solicitors (Northern Ireland) Order 1976(1);
“costs” includes fees, charges, disbursements, expenses and remuneration;
“the Court” means the High Court, the Court of Appeal or any one or more judges thereof, whether sitting in court or in chambers, or any master;
“taxed costs” means costs taxed in accordance with this Order;
“Taxing Master” means the Master (Taxing Office).
(2) In this Order reference to a fund, being a fund out of which costs are to be paid or which is held by a trustee or personal representative, include references to any estate or property, whether real or personal, held for the benefit of any person or class of persons; and references to a fund held by a trustee or personal representative include references to any fund to which he is entitled (whether alone or together with any other person) in that capacity, whether the fund is for the time being in his possession or not.
[E.r. 1]
2.—(1) This Order shall have effect—
(a)subject to the provisions contained in any statutory provision passed subsequent to the Act and to the provisions of any other statutory provision save in so far as such last mentioned provisions are inconsistent with the rules of this Order;
(b)in relation to all civil proceedings in the High Court and Court of Appeal;
(c)in relation to all criminal proceedings in the Queen's Bench Division or Court of Appeal other than trial at bar in the Queen's Bench Division of an indictment or inquisition or the trial of an information filed ex officio by the Attorney General.
(2) Where by virtue of any statutory provision the costs of or accidental to any proceedings before an arbitrator or umpire or before a tribunal or other body constituted by or under any statutory provision, not being proceedings in the Supreme Court, are taxable in the High Court, the following provisions of this Order, that is to say, rule 7(4) and (5), rule 8(6), rules 14(1) and 15, rule 16(1), rule 17, rule 20 (except paragraph (3)), rules 21 to 25 and rules 35 to 37, shall have effect in relation to proceedings for taxation of those costs as they have effect in relation to proceedings for taxation of the costs of or arising out of the proceedings in the Supreme Court.
(3) This Order shall have effect subject to rules 29 and 30 (which limit the costs recoverable in relation to certain proceedings.
(4) The powers and discretion of the Court as to costs under section 59 of the Act (which provides, subject as therein, that the costs of and incidental to all proceedings in the High Court and the Court of Appeal shall be in the discretion of the Court) shall be exercised subject to and in accordance with these Rules.
[E.r. 2]