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District Court Rules

Schedule: of Costs

Schedule of costs : S.I. No. 17 of 2014

The below amendment(s) have been made to this instrument which can be viewed by clicking on the link(s):

Noof Costs-S.I. No. 123 Of 2016: District Court (Solicitors’ Costs) Rules 2016


1. Solicitors' costs in civil debt claims
Amount due at date of issue of the claim notice
If amount due is paid within ten days of service of claim notice
If amount due is not paid within ten days of service of claim notice
Not exceeding €3,000
78
130
Exceeding €3,000 and not exceeding €6,000
156
260
Exceeding €6,000 and not exceeding €9,000
234
390
Exceeding €9,000 and not exceeding €12,000
312
520
Exceeding €12,000 and not exceeding €15,000
390
650
The above scale of costs (1) is in every instance exclusive of and in addition to all actual and necessary outlay.
If the claim notice is defended the costs of the successful party are in accordance with the contract, breach of contract and tort scale for assessment of damages.

2. Solicitors' costs in contract, breach of contract and tort proceedings and in claims for damages unconnected with contract
Amount due at the date of issue of claim notice or, (as the case may be) the amount decreed for debt
Costs if settled without necessity for appearance
Costs of judgment (decree) if case not defended
Costs of judgment (decree) if case defended (assessment of damages)
Costs of judgment (decree/ dismiss) if case defended (liability)
Not exceeding €3,000
300
500
650
750
Exceeding €3,000 and not exceeding €6,000
600
1,000
1,300
1,500
Exceeding €6,000 and not exceeding €9,000
900
1,500
1,950
2,250
Exceeding €9,000 and not exceeding €12,000
1,200
2,000
2,600
3,000
Exceeding €12,000 and not exceeding €15,000
1,500
2,500
3,250
3,750
The above scale of costs (2):
—is in every instance exclusive of and in addition to all actual and necessary outlay;
—applies to actions for wrongful detention brought by virtue of section 33(3) of the Courts (Supplemental Provisions) Act 1961, according to the value of the goods as determined by the Court;
—applies to actions for wrongful detention arising out of a hire-purchase transaction.

3. Solicitors' costs in landlord and tenant (ejectment) proceedings [as amended by S.I. No. 123 of 2016]
Annual RentCosts if settled without necessity for appearanceCosts of judgment (decree) if case not defendedCosts of judgment (decree) if case defended (assessment of damages)Costs of judgment (decree/ dismiss) if case defended (liability)
Not exceeding €3,000180300390450
Exceeding €3,000 and not exceeding €6,000360600780900
Exceeding €6,000 and not exceeding €9,0005409001,1701,350
Exceeding €9,000 and not exceeding €12,0007201,2001,5601,800
Exceeding €12,000 and not exceeding €15,0009001,5001,9502,250
The above scale of costs (3):
— is in every instance exclusive of and in addition to all actual and necessary outlay;
— does not apply to ejectment proceedings brought before the Court by summons pursuant to section 15 of the Summary Jurisdiction (Ireland) Act 1851; section 10 of the Summary Jurisdiction (Ireland) Amendment Act 1871 or sections 81, 84, 85 and 86 of the Landlord and Tenant (Ireland) Act 1860 — in such proceedings costs shall be in the discretion of the Court and shall not exceed €110 in any case unless the Court shall, for special reason, otherwise order;
— applies to ejectment proceedings brought before the Court on civil summons pursuant to section 82 of the Civil Bill Courts (Ireland) Act 1851 as applied to the District Court by section 17 of the Courts of Justice Act 1928.

4. Solicitors' costs in proceedings under the Enforcement of Court Orders Acts 1926 to 2009
Costs in relation to Instalment Orders
Amount due
Not exceeding €3,000
150
Exceeding €3,000 and not exceeding €6,000
300
Exceeding €6,000 and not exceeding €9,000
450
Exceeding €9,000 and not exceeding €12,000
600
Exceeding €12,000 and not exceeding €15,000
750
Exceeding €15,000
825
or such greater amount as the Court thinks proper
The above scale of costs (4) is in every instance exclusive of and in addition to all actual and necessary outlay.

5. Solicitors' costs in proceedings for compensation under section 15 of the Housing (Private Rented Dwellings) Act 1982
Amount of compensation awarded or, in case of dismiss, amount of compensation claimed
Costs if case not defended
Costs if case defended
Not exceeding €3,000
441
735
Exceeding €3,000 and not exceeding €6,000
882
1,470
Exceeding €6,000 and not exceeding €9,000
1,323
2,205
Exceeding €9,000 and not exceeding €12,000
1,764
2,940
Exceeding €12,000 and not exceeding €15,000
2,205
3,675
The above scale of costs (5) is in every instance exclusive of and in addition to all actual and necessary outlay.

6. Solicitors' costs in proceedings for recovery of possession under section 16 of the Housing (Private Rented Dwellings) Act 1982
Annual rent
Costs if settled without necessity for appearance
Costs if case not defended
Costs if case defended
Costs of judgment for respondent (dismiss)
Not exceeding €3,000
113
270
450
450
Exceeding €3,000 and not exceeding €6,000
225
540
900
900
Exceeding €6,000 and not exceeding €9,000
338
810
1,350
1,350
Exceeding €9,000 and not exceeding €12,000
450
1,080
1,800
1,800
Exceeding €12,000 and not exceeding €15,000
563
1,350
2,250
2,250
The above scale of costs (6) is in every instance exclusive of and in addition to all actual and necessary outlay.

7. Solicitors' costs, where awarded under the Malicious Injuries Acts 1981 and 1986 to a respondent or to or against a ratepayer
Amount of compensation claimed
Costs
Exceeding €125 and not exceeding €250
15
Exceeding €250 and not exceeding €750
90
Exceeding €750 and not exceeding €1,400
140
Exceeding €1,400
230
The above scale of costs (7) is in every instance exclusive of and in addition to all actual and necessary outlay.

8. Solicitors costs in summary proceedings for the recovery of rates
Amount sued forCosts if settled without necessity for appearanceCosts after hearing
Not exceeding 1,100
26
52
Exceeding 1,100 and not exceeding 2,200
33
66
Exceeding 2,200 and not exceeding 3,300
55
110
Exceeding 3,300 and not exceeding 5,500
66
132
Exceeding 5,500 and not exceeding 11,000
87.50
175
Exceeding 11,000
110
220 or such other amount as the Court thinks proper
The above scale of costs (8) is in every instance exclusive of and in addition to all actual and necessary outlay.
9. Miscellaneous additional charges
Interim applications on notice (to include all Notices of Motion)
500
Applications under section 63 of the Civil Liability Act 1961
600
Rulings in respect of Injuries Board offers (e.g. minors)
1,000
Each additional respondent (separately represented)
500

10. Solicitors' costs in consent proceedings to which section 4(c) of the Courts Act 1991 relates
Where proceedings of the kind mentioned in paragraph A of section 77 of the Courts of Justice Act 1924 are brought before the District Court and:
(i) the amount claimed in the proceedings exceeds €15,000, and,
(ii) pursuant to the proviso to section 77A of the Courts of Justice Act 1924 (inserted by section 4(c) of the Courts Act 1991), the necessary parties to the proceedings sign the prescribed form of consent, and
(iii) the Court in determining the proceedings awards an amount in excess of €15,000,
the successful party may be allowed costs in accordance with the foregoing scales 1 to 9 in respect of the first €15,000 of the award and, in addition, a sum which represents 5% of the amount by which the award exceeds €15,000.
Where the proceedings are dismissed, the defendant may be allowed costs similarly calculated on the amount claimed.

11. Solicitors' costs in actions transferred from the High Court or the Circuit Court
(1) Where an action, other than an action to which paragraph (2) relates, has been remitted or transferred to the District Court:
(a) by the High Court pursuant to section 25 of the Courts of Justice Act 1924, or
(b) by the Circuit Court pursuant to section 15(1) of the Courts Act 1991,
and the Court, in determining the matter, makes an order in favour of the claimant, the claimant may not recover any greater costs than the appropriate costs as set out in the above scales which he or she would have been entitled to recover if the action had originally been commenced in the District Court.
If the claimant fails to prove the claim, the respondent is entitled, in addition to any costs which may be allowed to him or her under the above scales, to a minimum sum of €100.00 or such greater sum as the Judge may in the circumstances consider proper.
(2) Where an action so remitted or transferred is an action for unliquidated damages and the Court, pursuant to section 15(2) of the Courts Act 1991 (as amended by section 20 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013), makes an order awarding to a party to the action an amount in excess of €15,000 but not exceeding €30,000, the successful party may be allowed costs in accordance with the above scales in respect of the first €15,000 of the award and, in addition, a sum which represents 5% of the amount by which the award exceeds €15,000. Where such an action is dismissed, the respondent may be allowed costs similarly calculated on the amount claimed.

12. Schedule of outlays
Miscellaneous outlays to include postage, photocopying, registered post, fax and sundries to be allowed in accordance with Order 53, rule 2.
Amount due at the date of issue of claim notice
—(in the case of debt claims)
—(in the case of Instalment Orders)
Amount awarded
—(in cases of contract, breach of contract and tort proceedings and in claims for damages unconnected with contract)
Annual rent
—(in the case of landlord and tenant (ejectment) proceedings begun by claim notice)
—(in proceedings for the recovery of possession under section 16 of the Housing (Private Rented Dwellings) Act 1982)
Amount of compensation awarded
—(in proceedings for compensation under section 15 of the Housing (Private Rented Dwellings) Act 1982)
Amount of compensation claimed
—(in cases under the Malicious Injuries Acts 1981 and 1986)
Amount sued for
—(in summary proceedings for the recovery of rates)
Not exceeding €5,000
€50 plus VAT
Exceeding €5,000 and not exceeding €10,000
€100 plus VAT
Exceeding €10,000 and not exceeding €15,000
€150 plus VAT

13. Counsels' Fees
(1) in any defended case of contract, breach of contract, tort and claims for damages unconnected with contract
(2) in any defended case of ejectment for overholding or non-payment of rent
(3) where awarded under the Malicious Injuries Acts 1981 and 1986 to a respondent or to or against a ratepayer
To the claimant's counsel when the amount recovered, or to the respondent's counsel when the amount claimed, in any defended case of contract, breach of contract, tort and claims for damages unconnected with contract—
To the claimant’s or respondent’s counsel when the annual rent in any defended case of ejectment for overholding or non-payment of rent—
When the amount of compensation claimed under the Malicious Injuries Acts 1981 and 1986—
Exceeds €2,000 and does not exceed €3,000
500
Exceeds €3,000 and does not exceed €4,000
550
Exceeds €4,000 and does not exceed €5,000
600
Exceeds €5,000 and does not exceed €7,000
750
Exceeds €7,000 and does not exceed €9,000
800
Exceeds €9,000 and does not exceed €11,000
850
Exceeds €11,000 and does not exceed €13,000
950
Exceeds €13,000 and does not exceed €15,000
1,050