The Gazette 1961 - 64

Attending to obtain appointment to examine witness and on exam ination of witness before any commissioner, officer of the court or other person appointed to examine him, for each day of Nofe : The solicitor shall also be allowed travelling expenses reasonably incurred by him. Attending sittings within 20 miles of the place where the solicitor practises, for purposes of— (a) trial or hearing of a cause, matter or appeal for each day— (i) on which cause, matter or appeal is included in list to be tried or heard but is not examination. Attending sittings elsewhere for any purpose mentioned in item 23 for each day (except Sunday) on which solicitor is necessarily absent Notes to items 23 and 24 : (a) If the solicitor has to attend on more than one hearing or trial at the same time and place, the expense shall in such case be reasonably divided. (ti) The solicitor shall also be allowed travelling expenses reasonably incurred by him. (c) These items do not relate to the attendances mentioned in item 26. Attending taxation, completing bills, vouching, completing affi davit of tots and certificate of from his office. On transfer of stocks or securities in or out of Court under any order or direction of the Court. Necessary and proper attendances not provided for or allowed under any other item. Note : The solicitor shall also be allowed reasonable travelling expenses actually incurred. begun. fii) of trial or hearing. (H) hearing reserved judgment. taxation.

(i) the second bill was for a greater amount than the 21 original and (ii) that it improperly included charges for the mortgage debenture in respect of which the defendants had agreed to pay the gross sum named, £105. The amount of the detailed bill was £5,800 subject to payments on account. The main issue in dispute between the parties was the charge in the detailed bill for the mortgage debenture which was greatly in excess of the sum of £105 named in the gross sum bill for the same work. The plaintiffs issued a special summons claiming that the detailed bill be referred to taxation and the order sought 23 was made against the defendant company. The trial Judge referred to rule 6 of the Solicitors' Remunera tion General Order, 1960, which he read as substituting as far as taxation was concerned the detailed bill for the original gross sum bill. He accepted the decision in re Taxation of Costs (i943.i.K.B.69) to the effect that the amount recoverable on foot of a detailed bill was not necessarily limited to the figure claimed in a previous gross sum bill. The correspondence revealed that the defendants sought a detailed bill in place of the gross sum bill and the plaintiffs' solicitors merely complied with the request and were entitled to have the detailed bill referred to taxation. RULES OF THE SUPERIOR COURTS (No. 2), 1963 (S.I. No. 224 of 1963) The attention of members is drawn to these rules which may be obtained from the Government Publications Sales Office, price gd. The rules amend the rules of the Superior Courts, 1962, in certain respects including the scales of costs at appendix W of the principal Rules. Following the publication of the rules the Minister for Justice considered that the upper limits in certain of the costs items were too high and discussions followed between the Rules Committee, the Department and the Society. Agreement was reached on amendments substituting the following items for the corresponding items in appendix W:

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4

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12

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500

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3

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12

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300

24.

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8

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12

32.

i 15

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9

7. Drawing, filing and delivery to one party of statement of claim, defence (and counterclaim) answer to petition, reply or other pleading. 8. Drawing, filing and delivery to one party of particulars of pleading, and drawing and delivery to one party of request for such particu lars.

52.

5

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20

700

57-

15

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5

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61