The Rules of the Supreme Court (Northern Ireland) (Revision) 1980

Application for order for taxation under the Solicitors (Northern Ireland) Order 1976 or the Solicitors (Ireland) Act 1849

12.—(1) An application under Article 66(1) of the Solicitors (Northern Ireland) Order 1976 or, subject to paragraph (2), an application under the Solicitors (Ireland) Act 1849(1) may be made by originating summons; and the Court may on such application, if the Court thinks fit, refer any bill of costs (the subject of such application) for taxation, with such directions and subject to such conditions as the Court may think proper.

(2) An application for an order under Article 66(2) of the Solicitors (Northern Ireland) Order 1976 or, subject to paragraph (3), an application for an order for delivery of a bill of costs and for the taxation thereof or for the taxation of a bill of costs already delivered under the Solicitors (Ireland) Act 1849 shall be made to the Taxing Master in accordance with the provisions of this rule.

(3) No application under the provisions of the Solicitors (Ireland) Act 1849 shall be made pursuant to paragraph (2) where—

(a) the retainer of the solicitor is disputed; or

(b) the bill of costs has been paid by the party chargeable therewith; or

(c) in any other case where special circumstances must be shown before an order for delivery of a bill of costs or for taxation of that bill or of any bill already delivered may be made.

(4) An application under paragraph (2) shall be in Form 1 or 2 in Appendix 5 to this Order and shall be served, together with an affidavit of facts, at least 4 clear days prior to the time specified therein for the hearing of the application.

(5) Where the bill of costs to which the application relates has already been delivered, a copy of that bill with the particulars of delivery to the person chargeable therewith indorsed thereon shall be lodged in the Supreme Court Taxing Office at the time the notice of the application is issued.

(6) Subject to any statutory provision, to any order or direction of the Court and to review under rules 35 to 37, the costs of all proceedings before the Taxing Master under this rule shall be in his discretion.

(7) The same proceedings as nearly as possible shall be had in relation to an appeal under Article 68(6) of the Solicitors (Northern Ireland) Order 1976 as on a review of a taxation pursuant to an order of the Court and, accordingly, the provisions of rules 35 to 37 shall apply.

(1)

1849 c. 53