Order 38, rule 18
1. The Tables in this Part of this Appendix show the amount to be entered on the summons (or garnishee order nisi) in respect of solicitors' charges—
(a)in an action for the recovery of a debt or liquidated demand (other than a rent action), for the purpose only of Order 11, rule 2(2) or 3(4), Order 19, rule 6, and Part II of this Appendix; or
(b)in garnishee proceedings, for the purpose only of Order 30, rule 4, or
(c)in an action for the recovery of property, including land, with or without a claim for a sum of money, for the purpose of Part II of this Appendix or of fixing the amount which the plaintiff may receive in respect of solicitors' charges without taxation in the event of the defendant giving up possession and paying the amount claimed, if any, and costs; or
(d)in a rent action, for the purpose of Part II of this Appendix and of fixing the amount which the plaintiff may receive in respect of solicitors' charges without taxation in the event of the defendant paying the amount claimed in sufficient time to prevent the plaintiff's attendance at the hearing.
2. In addition to the amount entered in accordance with the relevant Table the appropriate court fees shall be entered on the summons.
3. In the Tables the expression “claim” means
(a)the sum of money claimed, or
3.
(b)in relation to an action for the recovery of land (with or without a claim for a sum of money), a sum exceeding £600 but not exceeding £2,000;
3.
(c)in relation to an action for the recovery of property other than money or land, the value of the property claimed or, in the case of goods supplied under a hire-purchase agreement, the unpaid balance of the hire-purchase price.
4. The Tables do not apply where the summons is to be served out of England and Wales or where substituted service is ordered.
TABLES OF FIXED COSTS
Where claim exceeds £25 but does not exceed £250
| Amount of charges | |
|---|---|
| £ | |
| (a) Where service is not by solicitor | 15·00 |
| (b) Where service is by solicitor | 16·00 |
Where claim exceeds £250 but does not exceed £600
| Amount of charges | |
|---|---|
| £ | |
| (a) Where service is not by solicitor | 20·00 |
| (b) Where service is by solicitor | 23·00 |
| Amount of charges | |
|---|---|
| £ | |
| (a) Where service is not by a solicitor | 33·00 |
| (b) Where service is by solicitor | 36·00 |
| Amount of charges | |
|---|---|
| £ | |
| (a) Where service is not by solicitor | 36·00 |
| (b) Where service is by solicitor | 39·00 |
Directions
Where an amount in respect of solicitors' charges has been entered on the summons under Part I of this Appendix and judgment is entered or given in the circumstances mentioned in one of the paragraphs in column 1 of the following Table, the amount to be included in the judgment in respect of the plaintiff's solicitor's charges shall, subject to Order 38, rule 3(4), be the amount entered on the summons together with the amount shown in column 2 of the Table under the sum of money by reference to which the amount entered on the summons was fixed.
Where judgment is entered or given for a sum less than the amount claimed or for the delivery of goods of which the value or the balance of the hire purchase price is a sum less than the amount claimed, the foregoing paragraph shall, unless the court otherwise directs, have effect as if the amount entered on the summons had been fixed by reference to that sum.
| Column 2 | ||||
|---|---|---|---|---|
| Sum of money | ||||
| Column 1 | A | B | C | |
| Exceeding £25 but not exceeding £600 | Exceeding £600 but not exceeding £3,000 | Exceeding £3,000 | ||
| £ | £ | £ | ||
| (a) Where judgment is entered in a default action in default of defence | 6·00 | 10·00 | 11·00 | |
| (b) Where judgment is entered on the defendant's admission and the plaintiff's acceptance of his proposal as to mode of payment | 9·00 | 20·00 | 22·00 | |
| (c) Where judgment is entered on an admission delivered by the defendant and the court's decision is given as to the date of payment or instalments by which payment is to be made | 13·00 | 25·00 | 30·00 | |
| (d) Where judgment is given in a fixed date action for— (i) recovery of a liquidated sum of money; or (ii) delivery of goods; or (iii) possession of land suspended on payment of arrears of rent, whether claimed or not, in addition to current rent, and the defendant has neither delivered a defence, admission or counterclaim, nor otherwise denied liability | 18·00 | 28·00 | 34·00 | |
| Exceeding £500 but not exceeding £3,000 | Exceeding £3,000 | |||
| (e) Where summary judgment is given under Order 9, rule 14 | £43 | £49 | ||
The following Table shows the amount to be allowed in respect of solicitors' charges in the circumstances mentioned.
| Amount to be allowed | |
|---|---|
| 1. For making or opposing an application in the course of or relating to the proceedings where the costs are on lower scale | £6·00 |
| 2. For making or opposing an application for a rehearing or to set aside a judgment where the costs are on lower scale | £6· 00 |
| 3. For filing a request for the issue of a warrant of execution for a sum exceeding £25 | £1·00 |
| 4. For service of any document required to be served personally (other than an application for an attachment of earnings order or a judgment summons unless allowed under Order 27, rule 9(1)(a), or Order 28, rule 10(2)(a)(i)), including copy and preparation of certificate of service | £4·00 |
| 5. For substituted service, including attendances, making appointments to serve summons, preparing and attending to swear and file affidavits and to obtain order, and the fees paid for oaths | £12·00 |
| 6. For each attendance on the hearing of an application for an attachment of earnings order or a judgment summons where costs are allowed under Order 27, rule 9, or Order 28, rule 10 | £4·00 |
| 7. For the costs of the judgment creditor when allowed in garnishee proceedings or an application under Order 30, rule 12— | |
| (a) where the money recovered is less than £40 | one half of the amount recovered |
| (b) where the money recovered is not less than £40 | £20·00 |
| 8. For the costs of the judgment creditor when allowed on an application for a charging order | £20·00 |
| 9. For obtaining or registering a certificate of judgment under the Inferior Courts Judgments Extension Act 1882 where costs allowed under Order 35, rule 1(3)(c) or 2(4) | £4·00 |