CC Costs
CC Rules
The Circuit Court rules contain similar provisions to those applicable in the High Court in relation to costs in that court. Order 66 sets out the rules. The rules follow the above principle.
The County Registrar taxes costs in the same manner as the Taxing Master taxes costs in the High Court.An appeal shall lie to the Court from any decision of the County Registrar under the Rule.
The basic provision is that the court has discretion in relation to costs, but that almost invariably, costs follow the award or the “event.” This is enshrined in Order 66. Where the court has found that a party has acted unreasonably or improperly or that the claim was deliberately and grossly exaggerated, costs may be denied.
Where in civil proceedings there are two or more defendants and the claimants succeed against one or more and fails against the other, the court may have regard to the circumstances, if it thinks it is proper to do so or the defendants against whom the claimant has succeeded, to pay the claimant by way of recoupment, the costs which the claimant is liable to pay to the defendants against whom he has failed. An award of costs against parties is payable jointly and severally.
Where there is an appeal, costs will be determined at the appeal stage. It is possible to appeal exclusively on costs. However, the appeal court would be very reluctant to interfere with the trial judge’s exercise of discretion in relation to costs. If, however, the trial judge has committed an error in principle in failing to consider relevant matters, his order may be set aside.
Bill of Costs
The party to whom such bill has been furnished may tender a sum of money in discharge of such bill, and if such tender is refused and the amount of such bill when taxed shall not exceed the sum tendered, the costs of taxation shall be borne by the party claiming on foot of such bill.
There shall be included in every Bill of Costs which contains a claim in respect of value added tax, the registered number allocated by the Revenue Commissioners to the person to whom such value added tax is payable, together with a statement as to whether the party claiming on foot of such Bill is or not registered for the purpose of value added tax. Where such party is registered, there shall be included a statement explaining why such value-added tax is not otherwise recoverable.
In any taxation of costs, wherever any items appear for disbursements, the same shall be properly vouched before the County Registrar, save that the Rule shall not be construed so as to prevent the taxation of items in respect of costs and charges which have been incurred but which remain unpaid.
In any taxation of costs, wherever items appear for disbursements or expenses, the same shall be properly vouched before the County Registrar and every voucher that includes a claim in respect of value added tax shall contain the registered number allocated by the Revenue Commissioners to the person to whom such value added tax is payable.
Taxation
Where the costs as determined cannot be agreed upon, the costs are taxed by the County Registrar. The County Registrar has all the powers of the Taxing Master of the High Court in taxing costs. The decision of the County Registrar in relation to cost may itself be appealed to the Circuit Court. The court may revise of the decision if the costs were unjust or if the County Registrar erred in principle. It is not enough that the court would have made a different decision.
Where costs or expenses are awarded, the party to whom such costs or expenses have been awarded shall deliver a bill of such costs or expenses, and give at least seven days’ notice of taxation for a day and hour to be fixed (generally or specially) by the County Registrar, and such party may include in such bill all such payments as have been necessarily and properly made by him and all such reasonable charges and expenses as appear to have been properly incurred in procuring evidence.
Where costs are awarded, the party to whom costs have been awarded shall deliver a bill of costs and expenses and give at least seven days’ notice of taxation. The party shall include payments that have been necessarily and properly incurred by him and such reasonable charges and expenses as appear to have been properly incurred in procuring evidence.
The party to whom such bill is furnished may tender a sum of money in the discharge of such bill. If the tender is refused and the of such bill when taxed does not exceed that sum, then the costs of taxation are borne by the party claiming on the bill.
At any stage of the proceedings, the Court or (where the proceedings are before the County Registrar) the County Registrar may require the parties to produce to the Court or the County Registrar (as the case may be) and exchange with one another estimates of the costs respectively incurred by them, for such period, and particularised in such manner as the Court or the County Registrar (as the case may be) may direct.”
Award of Costs
An award of costs or expenses made in relation to any proceedings in the Court shall include any sum payable by the party in favour of whom such an award is made by way of value added tax on such costs or expenses where and only where such party establishes that such sum is not otherwise recoverable.
Awards of costs or expenses relating to such award shall include value added tax. Affidavits seeking summary judgment or judgment in default must state whether the claimant is entitled to recover vat on his legal costs and if so, whether the sum is repayable.
The costs of any ex parte or other application, motion, or order may be awarded by the Judge irrespective of the final judgment in the proceeding, or may be made costs in the proceeding, or may be reserved to be dealt with on the conclusion of the proceeding.
Costs awarded in any proceeding against two or more persons or parties shall have effect against, and be payable by, them severally as well as jointly unless the Judge otherwise orders.
The award of costs in any case shall include witnesses’ expenses unless disallowed in whole or in part by the Judge. Such expenses shall be measured by the Judge or where the Judge so directs by the County Registrar, subject to an appeal to the Court. Expenses in the case of an expert witness, include his reasonable charges in respect of all necessary matters preliminary to the hearing.
All costs directed to be taxed shall be taxed by the County Registrar (who for that purpose shall have all the powers of a Taxing Master of the High Court) subject, as to every item, including outlay and Counsel’s fees, to an appeal to the Court notice of which shall be given within ten days from the conclusion of the taxation.
No costs other than actual and necessary outlay shall be allowed or awarded to any party unless a Solicitor has been instructed to conduct the proceedings on his behalf.
The Judge may for special cause order that the costs, as between party and party, of any proceeding be taxed on a scale higher than that otherwise applicable. Such special cause shall be stated in the decree or order.
Lower Court
Where proceedings could have been brought in a lower court, the Courts Act provides that the claimant is not to be entitled to recover more than he would been entitled to recover in that lower court. It may become evident from the award of damages that proceedings should have been brought in a lower court. Each court has different levels of jurisdiction.
And if an award of damages falls a certain percentage below the jurisdiction threshold, costs are awarded on the lower court’s scale.Where cases that are heard by consent in the Circuit Court which could have been heard in the High Court, they are taxed in accordance with the High Court scale less 20 percent.
There are certain types of case, however, which may only be brought in the Circuit Court and not the District Court or the High Court and not the Circuit Court. The rule does not apply in these cases.
In undefended proceedings, the costs to be allowed to the claimant in cases within the jurisdiction of the District Court shall be those which would have been recoverable in that Court, with the addition of such actual and necessary outlay as may be allowed.
In defended proceedings in which the relief granted could have been obtained in the District Court, the costs to be allowed to the claimant shall be those which would have been recoverable in that Court with the addition of such actual and necessary outlay as may be allowed, provided always that the Judge may in such a case withhold costs if of opinion that the case was one proper to have been prosecuted in the District Court.
In cases where the relief claimed is within the jurisdiction of the District Court, and the action is dismissed, the defendant may be allowed costs as directed by the Judge. This does not limit or affect the right of a Solicitor to charge costs as between Solicitor and Client for work done or professional services rendered.
Debt Liquidated
Where the plaintiff’s claim is for a debt or liquidated claim only, the endorsement, besides stating the nature of the claim shall state the amount claimed for debt or in respect of such demand, and for costs, respectively, and shall further state that, upon payment of such amount and costs within six days after service, further proceedings will be stayed.
The amount to be so claimed for costs in all such cases where there has not been any order for service of the Civil Bill, or notice thereof, out of the jurisdiction, or for substituted or other service, or declaring service effected sufficient, or any notice by advertisement of the issuing of the Civil Bill, shall be in accordance with a Schedule of fees to be determined by the County Registrar for the County of the City of Dublin from time to time.
The above costs shall be payable by a defendant after the issue of a Civil Bill although he has paid or tendered the amount of the claimant’s demand to the claimant or his Solicitor before such Civil Bill be served upon him.
The costs awarded shall in every instance be exclusive of and in addition to all such actual and necessary outlay as may be allowed.
Counterclaim
A counterclaim shall be deemed to be a separate proceeding. In awarding the costs of a counterclaim the Judge may either:
- allow such costs in full, in which case they shall be taxed according to the scale which would have been appropriate if the defendant had, as claimant, instituted separate proceedings in respect of the subject matter of the counterclaim; or
- allow such part of the full costs as in all the circumstances shall appear to him to be fair and reasonable.
Where judgment is entered for the claimant on his claim, and for the defendant on his counterclaim, or where both claim and counterclaim are dismissed, the Judge may order that the costs allowed to one party be set off, either in full or pro tanto, against the costs allowed to the other party.
Lodgement
Where judgment is entered in favour of a defendant who has lodged in Court a sum in satisfaction of the claimant’s claim the Judge may allow to the defendant, in addition to the appropriate costs, a reasonable sum to cover the costs of lodgment and withdrawal.
Notwithstanding the general principle, the Court, in considering the awarding of the costs or any application in such an action, may, where it considers it just, have regard to the terms of any offer in writing sent by any party to any other party or parties offering to satisfy the whole or part of that other party’s (or those other parties’) claim or counterclaim the subject of the appeal, or application. This is in addition to the general provisions in respect of lodgement or tender offer in lieu of lodgement may be made.
Special Considerations
Save where otherwise provided by the Rules, Counsel’s fees shall be such as the Court or the County Registrar shall deem proper and appropriate. Where under Statute, a special scale of costs is prescribed, such a special scale shall apply.
Where the Judge or the County Registrar is of the opinion that there is no appropriate scale of costs, the Judge or the County Registrar may measure such sum for costs as is considered reasonable.
In any defended cause or matter personally conducted by a Solicitor at the hearing, the County Registrar may, in fixing the Instructions Fee, take into consideration the additional work done and responsibility borne by the Solicitor.
Where the proceedings are for the return of a specific chattel, with or without an alternative claim for damages, or where there is in any equity matter or other difficulty in ascertaining or applying the appropriate scale, the Judge may at the hearing for the purpose of the taxation of costs, determine the value of such chattel or the subject matter of the proceedings.
In any case, in which the Judge shall not have determined such value, the County Registrar may, subject to an appeal to the Court, determine the same. Provided always that in equity suits or proceedings, during the conduct of which any land the subject matter thereof has not been sold, the value of such land shall be taken to be the market value thereof as determined by the Court or the County Registrar.
Proceedings by the owner of a chattel against the hirer thereof under a hire-purchase agreement, for the recovery or return of the same, shall, for the purpose of the measurement or taxation of the costs, be deemed to be an action in contract in which the amount sued for is the amount of the instalments due and unpaid under the agreement at the date of commencement of the proceedings.
Where proceedings are for the return of a specific item whose value is unclear, and in equity proceedings, the judge may, at the hearing, for the purpose of the taxation of cost, direct the value of the chattel or the subject of the proceedings in an equity case. If the judge has not so determined, the County Registrar may, subject to an appeal to the court, determine the same. Equity proceedings include the administration of estates, trusts, mortgage proceedings specific performance, rectification, partnerships, partition and proceedings concerning persons of unsound mind.
In all actions for libel, the costs shall be taxed in such manner that the County Registrar or a Judge at the hearing of the action or on appeal from taxation shall determine them.
Where proceedings have been instituted on the Equity side of the Court, and the Judge is of the opinion that adequate relief could have been obtained in proceedings under any other jurisdiction of the Court, he may order that the claimant, if successful, be allowed only such costs and outlay as could have been allowed in such proceedings under such other jurisdiction.
Execution
The Solicitor for any party applying in the Office for the issue or renewal of an execution order shall be entitled, as and for the costs of the same, to a reasonable sum in addition to outlay, together with the costs allowed by the decree or order, execution of which is sought.
Where judgment has been entered in any proceeding, and the same is registered, there may be allowed in addition to the appropriate costs of such proceeding, a reasonable sum in addition to outlay, in respect of such registration. On production to him of proof of the registration of such judgment, the County Registrar shall add the amount of such sum and outlay to the amount of the decree or order. Such sum and outlay shall not be allowed by the County Registrar, or by the Court on appeal from him, unless it shall be held that such registration was reasonable.