65.23 Application to vary a costs capping order
An application to vary a costs capping order must be made in accordance with Part 11.
APPENDIX A
FIXED COSTS
PART 1
This Part of the Appendix sets out the fixed costs applicable to a claim for a specified sum of money —
(a) which a defendant who does not defend must pay to the claimant, in addition to the amount claimed and interest and the court fees paid by the claimant, in order to avoid judgment being entered under Part 12. These sums are to be entered on the claim form. The table also deals with claims for delivery of goods and an application for an order for attachment of debts – Table 1 refers; and
(b) which a claimant is entitled to include as costs in any default judgment under Part 12 in addition to the costs set out in Table 1 - Table 2 refers.
SCALE OF FIXED COSTS
TABLE 1
1. This table shows the amounts to be entered on a claim form or provisional attachment of debts order in respect of a legal practitioner's charges in —
(a) a claim for payment of a specified sum of money; or
(b) attachment of debt proceedings.
2. In addition to the fixed costs the appropriate court fee is to be allowed together with the sum of $100 for personal service of the claim form.
| Column 1 | Column 2 | Column 3 |
| 1 | Claim exceeding $5,000 but not exceeding $15,000 or a claim for delivery of goods | $1,500 |
| 2 | Claim exceeding $15,000 but not exceeding $50,000 | $2,000 |
| 3 | Claim exceeding $50,000 but not exceeding $100,000 | $3,000 |
| 4 | Claim exceeding $100,000 but not exceeding $500,000 | $4,000 |
| 5 | Claim exceeding $500,000 | $5,000 |
TABLE 2
This table shows additional costs which may be added on the entry of a default judgment under Part 12 or a judgment on admissions under Part 14 for a specified sum of money. In addition to the fixed costs the appropriate court fee is to be allowed together with the sum of $100 for personal service of the default judgment.
| Column 1 | Column 2 | Column 3 |
| 1 | Where there is only one defendant and items (3) to (6) of this table do not apply | $350 |
| 2 | Where there is more than one defendant, in respect of each additional defendant served against whom judgment is entered | $50 |
| 3 | Where an order is made under rule 5.14 (specified method of service) for each defendant served | $500 |
| 4 | Where an order is made under Part 7 for service out of the jurisdiction (to cover the obtaining of an order under Part 7 and service) | $500 |
| 5 | Where judgment is entered on an admission and the claimant accepts the defendant's proposals as to method of payment under rule 14.10 | $350 |
| 6 | Where judgment is entered on an admission and the time and rate of payment are not agreed under rule 14.11 | $500 |
PART 2
MISCELLANEOUS ENFORCEMENT PROCEEDINGS
The following table shows the amount to be allowed in respect of a legal practitioner's charges in the circumstances set out. The appropriate court fee is to be added. The court may order that the costs of any such matter be assessed.
| Column 1 | Column 2 | Column 3 |
| 1 | For filing a request for the issue of a writ of execution | $150 |
| 2 | For each attendance at a hearing of — | $300 |
| (i) an application for time to pay where the debt is admitted, | |
| (ii) an application to suspend a writ of execution, or | |
| (iii) an oral examination. | |
| 3 | For the costs of the judgment creditor where allowed in proceedings for an attachment of debts order or an application for payment out of money in court under rule 50.15, where the amount recovered — | |
| (i) does not exceed $1000; | ½ of the amount recovered |
| (ii) exceeds $1000 | $500 |
| 4 | For the costs of the judgment creditor where allowed in an application for a charging order | $500 |
| 5 | In addition, for the personal service of any application requiring such service | $100 |
APPENDIX B
SCALE OF PRESCRIBED COSTS
| Column 1 | Column 2 | Column 3 |
| Value of Claim | Percentage |
| 1 | Not exceeding $50,000 | 20% |
| 2 | Exceeding $50,000.00 but not exceeding $100,000.00 | 15% |
| 3 | Exceeding $100,000 but not exceeding $250,000 | 12.5% |
| 4 | Exceeding $250,000 but not exceeding $500,000 | 10% |
| 5 | Exceeding $500,000 but not exceeding $1,000,000 | 7% |
| 6 | Exceeding $1,000,000 but not exceeding $2,500,000 | 3% |
| 7 | Exceeding $2,500,000 | 0.5% |
• The costs for each stage of the scale are cumulative.
| (Example | Claim for | $750,000 |
| First | $50,000 | $10,000 |
| Next | $50,000 | $7,500 |
| Next | $150,000 | $18,750 |
| Next | $250.000 | $25,000 |
| Next | $250,000 | $17,500 |
| Total $78,750) |
APPENDIX C
PRESCRIBED COSTS: PERCENTAGE TO BE ALLOWED AT VARIOUS STAGES OF CLAIM
Table showing the percentage of the prescribed costs to be allowed under Appendix B where a claim concludes prior to trial.
| Column 1 | Column 2 | Column 3 |
| Stage | Percentage |
| 1 | Up to and including service of defence | 45% |
| 2 | After defence and up to and including the case management conference | 55% |
| 3 | Up to default judgment and including assessment of damages | 60% |
| 4 | From the case management conference and up to and including listing questionnaire | 70% |
| 5 | From listing questionnaire and up to and including pre-trial review (if any) | 75% |
| 6 | To trial | 100% |
| (Example |
| Claim for $750,000 — full costs as in Appendix B: | $78,750 |
| Claim discontinued after case management conference — therefore defendant entitled to 70% of total costs: | $55,125) |