281 / 328
(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.
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.
i 10
o to
700
24.
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
32.
the following items for the corresponding items in
appendix W:
52.
57-
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
4
o
o to
examination.
12
o
o
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
i 10
o to
begun.
500
fii) of trial or hearing.
3
o
o to
12
o
o
(H)
hearing reserved judgment.
i
o
o to
300
Attending sittings elsewhere for
any purpose mentioned in item 23
for each day (except Sunday) on
which solicitor is necessarily absent
8
o
o to
from his office.
12
o
o
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
i 15
taxation.
9
o
On transfer of stocks or securities
in or out of Court under any order
i
5
or direction of the Court.
20
o
o
o to
o
o
61
Necessary and proper attendances
not provided for or allowed under
any other item.
5
Note :
The solicitor shall also
be allowed reasonable travelling
expenses actually incurred.
15
o
o to
o to
o to
o