SCHEDULE 1The Rules of the Supreme Court (Northern Ireland) 1980

COURT OF APPEAL ETC.

ORDER 62COSTS

APPENDIX 2SCALE OF COSTS

PART 1PREPARATION OF DOCUMENTS

Note. The following items shall not apply to any cause or matter to which Part 2 or 5 applies.

Item

1.  Institution of proceedings:

(a)Preparing, issuing, filing and service of writ of summons, including statement of claim indorsed thereon, originating summons, notice of originating motion, or third party notice ... ... ... ... £4-£14

(b)Preparing, presenting, and issuing any petition, case or special case stated ... ... ... ... Discretionary

(c)Preparing and issuing concurrent writ of summons or originating summons, renewing writ of summons or originating summons ... ... ... ... £3

2.  Interlocutory proceedings and proceedings in chambers:

Preparing, issuing, filing and service of any summons or application or notice of motion (other than an originating motion), notice of interlocutory appeal ... ... ... ... £2-£14

3.  Other Documents: Preparing (including where necessary filing, serving or delivering) any document not otherwise provided for, including—

(a)any documents to renew a writ of summons or originating summons, to amend any document or to obtain an order for substituted service or giving leave to serve out of the jurisdiction,

(b)statement of claim, if not indorsed on writ, and other pleadings, answer to petition, particulars of pleadings, requests for such particulars, interrogatories, affidavits and lists of documents, notice to produce, admit or inspect documents and amendments to any documents,

(c)any affidavit or other document for use in connection with items 1 or 2,

(d)any brief to counsel or case to counsel to advise in writing or in conference,

(e)any instructions to counsel to settle any document except where an allowance for the preparation of that document is recoverable under items 1, 2 or 3

• for first 5 A4 pages £3 per page (or proportionately)

• for each A4 page thereafter £1 (or proportionately)

Note: Items 1, 2 and 3 include engrossing and one copy for service. Any additional copies required are to be charged under item 4. Item 3(a) and (e) include the copy for counsel.

4.  Copy documents:

(a)Typed top copy

(b)Photographic, printed and carbon copies

PART 2BLOCK ALLOWANCE

5.  In any action for damages for personal injuries, and, subject to Part 5, in any other cause or matter as the party entitled to receive the costs may elect, a block allowance shall be made in place of the items prescribed in Part 1 unless, in any such case, the Taxing Master otherwise directs; and the allowance shall be ... ... ... ... £20—£100

PART 3ATTENDANCES

6.  Interlocutory attendances: Attending the hearing of any summons or other application at court or in chambers or elsewhere, attending to settle draft minutes or any order in the Chancery Division; attending to draw up and enter any order or judgment, attending to obtain appointment to examine witnesses and attending on such appointment ... ... ... ... £2—£17

7.  Counsel: Attending counsel in consultation or conference including attending to appoint the same

8.  Trial or hearing: Attending the trial or hearing of a cause or matter, or an appeal from an interlocutory or final order or judgment, or to hear a deferred judgment

9.  Accountant General: Attendance at Courts Funds Office or at the Bank of Ireland for any necessary purpose, including, the preparation of certificate ... ... ... ... Discretionary

PART 4PREPARATION FOR TRIAL

10.  Instructions for trial or hearing of any cause or matter, whatever the mode of trial or hearing, or for the hearing of any appeal

Discretionary

Note to item 10

This item is intended to cover:—

(a)the doing of any work not otherwise provided for and which was properly done in preparing for the trial, hearing or appeal, or before a settlement of the matters in dispute, including—

(i)the client: taking instructions to sue, defend, counterclaim, appeal or oppose etc.; attending upon and corresponding with client;

(ii)Witnesses: interviewing and corresponding with witnesses and potential witnesses, taking and preparing proofs of evidence and, where appropriate, arranging attendance at Court, including issue of subpoena;

(iii)Expert evidence: obtaining and considering reports or advice from experts and plans, photographs and models; where appropriate arranging their attendance at Court, including issue of subpoena;

(iv)Inspections: inspecting any property or place material to the proceedings;

(v)Searches and Inquiries: making searches in the Public Record Office and elsewhere for relevant documents; searches in the Companies Registry and similar matters;

(vi)Special damages: obtaining details of special damages and making or obtaining any relevant calculations;

(vii)Other parties: attending upon and corresponding with other parties or their solicitors;

(viii)Discovery: Perusing, considering or collating documents for affidavit or list of documents; attending to inspect or produce for inspection any documents required to be produced or inspected by Order of the court or by virtue of Order 24;

(ix)Documents: Consideration of pleadings, affidavits, cases and instructions to and advice from counsel, any law involved and any other relevant documents, including collating;

(x)Negotiations: Work done in connection with negotiations with a view to settlement;

(xi)Agency: Correspondence with and attendance upon or other work done by agents;

(xii)Interest: Where relevant the calculation of interest on damages;

(xiii)Notices: Preparation and service of miscellaneous notices, including notices to witnesses to attend court.

(b)The general care and conduct of the proceedings.

Note: The sums sought under each sub-paragraph (i) to (xiii) of paragraph (a) should be shown separately against each item followed by the total of all items under paragraph (a); the sum charged under paragraph (b) should be shown separately; and the total of the items under (a) and (b) should then follow.

PART 5ADMIRALTY

11.  

Note to item 11(d)

This item includes drawing the bail bond, affidavits and other documents required in connection with the giving of bail and any attendances required to procure the signing of the bond, the swearing of any such affidavit and the service of any such document.

Note to item 11(e)

This item includes preparing the guarantee or undertaking and any atttendances required to procure the signing and stamping thereof.

Note to items 11(a) to 11(g)

These items include where applicable the preparation, filing, lodging, service and perusal of documents; the swearing of any affidavit; the obtaining or giving of consent and the provision of any undertaking in writing to the Marshal

PART 6TAXATION OF COSTS

12.—(a) Taxation

Obtaining the reference, preparing bill of costs and copies and attending to lodge; attending taxation; vouching and completing bill; paying taxing fee and lodging for certificate or order

Discretionary

(b)Review

Preparing and delivering objections to decision on taxation; or answers to objections, including copies for service and lodging, considering opponent's answers or objections, as the case may be, attending hearing of review ... ... ... ... Discretionary

[E. App. 2]