Pera to
comovel.
Expert
Wilfcasta, CIE.
012 13 & 144 Geo. 4. C. $75.
Attendancta la Chturabtr ட்டிச Jurisdiccbon..
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(5) the skill, specialized knowledge and responsibility required of, and the
time and labour expended by, the solicitor or counsel;
(c) the number and importance of the documents (however brief) prepared
or perused;
(d) the place and circumstances in which the business involved is transacted: (e) the importance of the cause or maller to the client;
(f) where money or properly is involved, its amount or value: (g) any other fees and allowances payable to the solicitor or counsel in respect of other items in the same cause or matter, but only where work done in relation to those items has reduced the work which would otherwise have been necessary in relation to the item in question.
2. (1) Except in the case of taxations of fees payable by the Crown, na fee to counsel shall be allowed unless--
(a) before taxation its amount has been agreed by the solicitor instructing
counsel; and
(b) before the daxing master issues his certificate a receipt for the fees signed
by counsel is produced to him.
(2) No retaining fee to counsel shall be allowed on any taxation of costs in relation to which paragraph (2) of rula 28 has cffect.
(3) No costs shall be allowed in respect of counsel attending before the Registrar in chambers or of more counsel than one attending before a Judge in chambers unless the Registrar or Judge, as the case may be, has certified the attendance as being proper in the circumstances of the case,
(4) When a trial or beating at which counsel appears lasts more than live hours there may be allowed a refresher fee or fees the amount of which shall be in the discretion of the taxing officer.
(5) Every fee paid to counsel shall be allowed in full cu taxation unless the laxing master is satisfied that the same is excessive and unreasonable, in which event the taxing master shall exercise his discretion heving regard to all the relevant circumstances and in particular to the matters get out in sub- paragraph (2) of paragraph 1.
3. (!) The costs of calling an expert witness with regard to any question as to which a Court expert of scientific adviser is appointed under rule 23 of Order XXX shall not be allowed on a taxation of costs in relation to which paragraph (2) or paragraph (3) of rule 38 has effect unless the Court at the trial has certified that the calling of the wimess was reasonable.
(2) If any action or counterclaim for the infringement of a patent or say petition for revocation of a patent under section 32 of the Patents Act 1949, or any counterclaim for the revocation of a patent under scotion 61 of that Act, proceeds to trial, no costs shall be allowed to the parties delivering any particulars of breaches or particulars of objection in respect of any issues raised in those particulars and relating to that patent except in so far as those issues or par- liculars have been certified by the Court to have been proven or to have beed reasonable and proper.
4. (1) The provisions of this paragraph apply in relation to every hearing in chambers in the equity jurisdiction of the Court,
(2) Subject to sub-paragraph (3), on a taxation of costs in relation to which paragraph (2) or paragraph (3) of rule 28 has effect, no costs shall be allowed for attending any such hearing as aforesaid except in so far as the coses, if any, to be allowed have been fixed by the Court at the hearing; and in fixing the costs to be allowed for attending any such hearing as aforesaid the Court shall have regard to all relevant circumstances, including in particular the matters mentioned in sub-paragraph (2) of paragraph I, in so far as those circumstances affect the hearing, but not in so far as they may be taken into secount in assessing any costs to be allowed in respect of preparation for the hearing.
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(3) Where on any such hearing as aforesaid the Court certifies that the speedy and satisfactory disposal of The proceedings required and received from the solicitor engaged in them exceptional skill and labour in the preparation for the hearing, the taxing master in taxing the costs to be allowed for instructions in relation to the summons or application shall take the certificate into account.
Reality****
On any attendance before the Registrar for the purpose of settling the Avendances terms of and passing any judgment or order or settling any schedule of evidence, beford if it appears to the Registrar that the attendance is of a special nature or of CAUNY unusual length or difficulty, he may, if requested to do so by any party, issue juristlaron. a certificate do that effect, and the taxing måster in fixing the costs to be allowed for the attendance shall take the certificate into account
documenu.
S, (1) There shall be allowed for printing copies of any document the Order of amount properly paid to the printer, and where any part of a document is properly printed in a foreign koguage or as a facsimile or in any unusual or special manner, or where any alteration becomes necessary after the first proot of the document, there shall be allowed such an amount as the taxing master thinks reasonable, such amount to include any attendances on the printer.
(2) The solicitor for a party entitled to take printed copies of any docu- ment shall be allowed the amount he pays for such number of copies as he necessarily or properly takes.
(3) The allowance for printed copies of documents under item 60 of Part 1 shall be made in addition to the allowances under sub-paragraphs (1) and (2) and shall, subject to sub-paragraph (4), be made for such printed copies as may be necessary or proper--
(a) of any pleading, for delivery to the opposite party or filing in default
of appearance;
(8) of any special case. for filing:
(c) of any pleading or special case, for the use of the Court;
(d) of any affidavit, for attestation in print;
(e) of any pleading, special case or evidence for the use of counsel in
court; or
10 of any other document necessarily and properly copied and not other-
wise provided for.
(4) The allowance under item 60 of Part 1 shall not be made in relation to printed copies of documents for the use of the Court or of counsel where written copies have been made before printing and shall not be made more than once in the same cause or matter.
(5) The allowances under Part I for drawing any writ, pleading, summons, affidavit or other document shall be taken to include an allowance for preparing any necessary copies made for the use of the solicitor, his agent and his client or for counsel do settle or, in the case of a writ, pleading or summoni, for service.
7. In this Schedule "folio" means 72 words, each figure being counted as Ierpretium, one word.
SECOND SCHEDULE.
FIXED COSTS.
For the purposes of this Schedule there shall be five Scales, namely-
Sum of Money.
[cule 32.)
Exceeding $ 50 but not exceeding 5 200
Scale Applicable.
Scale 1 Scale IT
S 200
++
+
5 500
Scale III
Th
$ 500
M
$2,000
WT
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