District Court (Solicitors’ costs) Rules ^[1]

1. Solicitors’ costs in civil debt claims

The above scale of costs (1) is in every instance exclusive of and in addition to all actual and necessary outlay.

If the claim notice is defended the costs of the successful party are in accordance with the contract, breach of contract and tort scale for assessment of damages.

2. Solicitors’ costs in contract, breach of contract and tort proceedings and in claims for damages unconnected with contract

The above scale of costs (2):

• is in every instance exclusive of and in addition to all actual and necessary outlay;
• applies to actions for wrongful detention brought by virtue of section 33(3) of the Courts (Supplemental Provisions) Act 1961, according to the value of the goods as determined by the Court;
• applies to actions for wrongful detention arising out of a hire-purchase transaction.

3. Solicitors’ costs in landlord and tenant (ejectment) proceedings

The above scale of costs (3):

• is in every instance exclusive of and in addition to all actual and necessary outlay;
• does not apply to ejectment proceedings brought before the Court by summons pursuant to section 15 of the Summary Jurisdiction (Ireland) Act 1851; section 10 of the Summary Jurisdiction (Ireland) Amendment Act 1871 or sections 81, 84, 85 and 86 of the Landlord and Tenant (Ireland) Act 1860 — in such proceedings costs shall be in the discretion of the Court and shall not exceed €110 in any case unless the Court shall, for special reason, otherwise order;
• applies to ejectment proceedings brought before the Court on civil summons pursuant to section 82 of the Civil Bill Courts (Ireland) Act 1851 as applied to the District Court by section 17 of the Courts of Justice Act 1928.

4. Solicitors’ costs in proceedings under the Enforcement of Court Orders Acts 1926 to 2009

The above scale of costs (4) is in every instance exclusive of and in addition to all actual and necessary outlay.

5. Solicitors’ costs in proceedings for compensation under section 15 of the Housing (Private Rented Dwellings) Act 1982

The above scale of costs (5) is in every instance exclusive of and in addition to all actual and necessary outlay.

6. Solicitors’ costs in proceedings for recovery of possession under section 16 of the Housing (Private Rented Dwellings) Act 1982

The above scale of costs (6) is in every instance exclusive of and in addition to all actual and necessary outlay.

7. Solicitors’ costs, where awarded under the Malicious Injuries Acts 1981 and 1986 to a respondent or to or against a ratepayer

The above scale of costs (7) is in every instance exclusive of and in addition to all actual and necessary outlay.

8. Solicitors’ costs in summary proceedings for the recovery of rates

The above scale of costs (8) is in every instance exclusive of and in addition to all actual and necessary outlay.

9. Miscellaneous additional charges

10. Solicitors’ costs in consent proceedings to which section 4(c) of the Courts Act 1991 relates

Where proceedings of the kind mentioned in paragraph A of section 77 of the Courts of Justice Act 1924 are brought before the District Court and:

1. the amount claimed in the proceedings exceeds €15,000, and,
2. pursuant to the proviso to section 77A of the Courts of Justice Act 1924 (inserted by section 4(c) of the Courts Act 1991), the necessary parties to the proceedings sign the prescribed form of consent, and
3. the Court in determining the proceedings awards an amount in excess of €15,000,

the successful party may be allowed costs in accordance with the foregoing scales 1 to 9 in respect of the first €15,000 of the award and, in addition, a sum which represents 5% of the amount by which the award exceeds €15,000.

Where the proceedings are dismissed, the defendant may be allowed costs similarly calculated on the amount claimed.

11. Solicitors’ costs in actions transferred from the High Court or the Circuit Court

1. Where an action, other than an action to which paragraph (2) relates, has been remitted or transferred to the District Court:
   1. by the High Court pursuant to section 25 of the Courts of Justice Act 1924, or
   2. by the Circuit Court pursuant to section 15(1) of the Courts Act 1991,

   and the Court, in determining the matter, makes an order in favour of the claimant, the claimant may not recover any greater costs than the appropriate costs as set out in the above scales which he or she would have been entitled to recover if the action had originally been commenced in the District Court.

   If the claimant fails to prove the claim, the respondent is entitled, in addition to any costs which may be allowed to him or her under the above scales, to a minimum sum of €100.00 or such greater sum as the Judge may in the circumstances consider proper.

2. Where an action so remitted or transferred is an action for unliquidated damages and the Court, pursuant to section 15(2) of the Courts Act 1991 (as amended by section 20 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013), makes an order awarding to a party to the action an amount in excess of €15,000 but not exceeding €30,000, the successful party may be allowed costs in accordance with the above scales in respect of the first €15,000 of the award and, in addition, a sum which represents 5% of the amount by which the award exceeds €15,000. Where such an action is dismissed, the respondent may be allowed costs similarly calculated on the amount claimed.

12. Schedule of outlays

Miscellaneous outlays to include postage, photocopying, registered post, fax and sundries to be allowed in accordance with Order 53, rule 2. The relevant amount for determining the outlay is:

• Amount due at the date of issue of claim notice — in the case of debt claims; in the case of Instalment Orders.
• Amount awarded — in cases of contract, breach of contract and tort proceedings and in claims for damages unconnected with contract.
• Annual rent — in the case of landlord and tenant (ejectment) proceedings begun by claim notice; in proceedings for the recovery of possession under section 16 of the Housing (Private Rented Dwellings) Act 1982.
• Amount of compensation awarded — in proceedings for compensation under section 15 of the Housing (Private Rented Dwellings) Act 1982.
• Amount of compensation claimed — in cases under the Malicious Injuries Acts 1981 and 1986.
• Amount sued for — in summary proceedings for the recovery of rates.

13. Counsel’s fees

This scale applies:

1. in any defended case of contract, breach of contract, tort and claims for damages unconnected with contract;
2. in any defended case of ejectment for overholding or non-payment of rent;
3. where awarded under the Malicious Injuries Acts 1981 and 1986 to a respondent or to or against a ratepayer.

Part 1: Brief fee in respect of preparation for and attending on the trial or hearing of the claim

To the claimant’s counsel when the amount recovered, or to the respondent’s counsel when the amount claimed, in any defended case of contract, breach of contract, tort and claims for damages unconnected with contract.

To the claimant’s or respondent’s counsel when the annual rent in any defended case of ejectment for overholding or non-payment of rent.

When the amount of compensation claimed under the Malicious Injuries Acts 1981 and 1986.

Part 2: Additional counsel’s fees for particular work undertaken by counsel, where certified

[1] District Court (Solicitors’ costs) Rules substituted in full by S.I. 418 of 2023 effective from 25 August 2023. Back to text