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):

No of 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 Rent

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

180

300

390

450

Exceeding €3,000 and not exceeding €6,000

360

600

780

900

Exceeding €6,000 and not exceeding €9,000

540

900

1,170

1,350

Exceeding €9,000 and not exceeding €12,000

720

1,200

1,560

1,800

Exceeding €12,000 and not exceeding €15,000

900

1,500

1,950

2,250

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 for

Costs if settled without necessity for appearance

Costs 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