3
Citation and
CORNUMENÇC- meat.
(21 of 1962).
Interpreta. tion.
Scales of Cosis.
First Schedule.
Second Schedule.
Third Schedule.
Recovery of money.
DISTRICT COURT (CIVIL JURISDICTION AND PROCEDURE)
ORDINANCE, 1962.
(No. 22 of 1962).
DISTRICT COURT CIVIL PROCEDURE (COSTS) RULES, 1963.
In exercise of the powers conferred by section 48 of the District Court (Civil Jurisdiction and Procedure) Ordinance, 1962, the District Court Rules Committee has made the following rules-
1, These rules may be cited as the District Court Civil Procedure (Costs) Rules, 1963, and shall come into operation on the day appointed for the commencement of the District Court (Amendment) Ordinance. 1962.
2. (1) In these rules, unless the context otherwise requires- "Court" means the District Court and any judge of the District Court
sitting in court or in Chambers;
"Scale" means a Scale of Costs established by rule 3;
(2) For the purposes of these rules, a folio shall be calculated as seventy-two words, each figure being counted as one word.
3. (1) The Scales of Costs in the First Schedule shall have effect for the purpose of regulating the costs of proceedings in the Court subject to and in accordance with these rules and the directions con- tained in such Scales.
(2) The Second Schedule hereto shall have effect for the purpose of showing the total amount of costs which shall in the several cases to which that Schedule applies, be allowed to the solicitor for the plaintiff or judgment creditor without taxation, unless the judge other- wise orders.
(3) (a) Where in an action or matter costs are awarded on Scale I, the costs may be fixed and allowed by the Registrar without taxation.
(b) Where the solicitor for a party is entitled to tax his costs of Scale II, III or IV, but informs the Registrar that he does not claim costs in excess of the appropriate amount shown is the Third Schedule hereto, such costs may be allowed by the Registrar without taxation.
(4) No costs, except disbursements, shall be allowed where the claim is for a sum of money not exceeding fifty dollars.
4. (1) Subject to rules 5, 6, 7 and 10, the Scale of Costs in at action for the recovery of a sum of money only shall be determined-- (a) as regards the costs of the plaintiff, by the amount recovered:
and
(b) as regards the costs of the defendant, by the amount claimed;
and
(c) as regards costs payable to a third party, by the amount
claimed against him; and
(d) as regards costs payable by a third party, by the amount re-
covered against him.
(2) This rule shall not apply to actions under the equity jurisdic- tion of the court or actions in which the title to hereditamenta comes in question.
5. (1) Subject to paragraph (2), rule 2 shall apply to a counter- Counter- claim as it applies to a claim.
(2) Where in one action a claim for a sum of money only and a counterclaim for a sum of money only are tried-
(a) if the plaintiff is awarded costs on both claim and coupler- claim, the costs shall be on the Scale applicable to the amount which he recovers on the claim, but if such amount is less than the counterclaim, the costs subsequent to the filing of the counterclaim shall be on the Scale applicable to the amoUNT of the counterclaim; and
(b) if the defendant is awarded costs on both claim and counter- claim, the costs shall be on the Scale applicable to the amount which he recovers on the counterclaim or the amount of the plaintiff's claim, whichever is the larger, but the costs prior to the filing of the counterclaim shall be on the Scale applicable to the amount of the claim:
Provided that the costs of work done solely in connexion with the claim shall be on the Scale applicable to the claim and the costs of work done solely in connexion with the counterclaim shall be on the Scale applicable to the counterclaim.
daim.
Into court.
6. (1) Where money in court is accepted in satisfaction of the Where cause of action in respect of which it was paid, and another cause money paid of action remains to be tried, then the costs subsequent to the date of the payment into court shall, unless the Court or the Registrar otherwise directs, be determined by the amount recovered or claimed in respect of the cause of action remaining to be tried.
(2) Where money is paid into court without a denial of liability or without a plea of tender, and the plaintiff does not accept it in satisfaction of his claim or of the cause or causes of action in respect of which it was paid, the costs incurred after the date of the payment into court shall be on the Scale which would have been applicable if no money had been paid into court, or on such lower Scale as the Court or the Registrar may determine having regard to any saving of expense effected by reason of the payment into court.