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Statutory Instrument

The Matrimonial Causes (Costs) (Amendment) Rules 1989

Citation
S.I. 1989/385
As at
Sections
4
Section 1

(1) These Rules may be cited as the Matrimonial Causes (Costs) (Amendment) Rules 1989 and shall come into force on 1st April 1989.

(2) In these Rules, unless the context otherwise requires, a rule or Schedule referrred to by number means the rule or Schedule so numbered in the Matrimonial Causes (Costs) Rules 1988 .

Section 2

For rule 11(1), there shall be substituted the following–

(1) Subject to the following provisions of this rule, on any taxation of the costs of a litigant in person there may be allowed such costs as would have been allowed if the work and disbursements to which the costs relate had been done or made by a solicitor on the litigant’s behalf together with any payments reasonably made by him for legal advice relating to the conduct of or the issues raised by the proceedings.

Section 3

In rule 11(3), for the sum “£6.50”, there shall be substituted the sum “£7.00”.

Section 4

For Schedule 2, there shall be substituted the following Schedule–

preparation

(1) Writing routine letters

(2) Receiving routine letters

(3) Routine telephone calls

(4) All other preparation work including any work which was reasonably done arising out of or incidental to the proceedings, interviews with client, witnesses, and other parties;

obtaining evidence;

preparation and consideration of, and dealing with, documents, negotiations and notices;

dealing with letters written and received and

telephone calls which are not routine

(5) In addition to items 1–4 above, to cover the general care and conduct of the proceedings

(6) Travelling and waiting time in connection with the above matters

conferences with counsel

(7) Attending counsel in conference

(8) Travelling and waiting

attendances

(9) Attending with counsel at the trial or hearing of any cause or the hearing of any summons or other application at court, or other appointment

(10) Attending without counsel at the trial or hearing of any cause or the hearing of any summons or other application at court, or other appointment

(11) Travelling and waiting

fees for junior counsel

(12) With a brief on an unopposed application for an injunction, or procedural issue

(13) With a brief on the trial of a cause or matter or on the hearing of an ancillary application or on a children appointment where the hearing lasts for

(a) one hour

(b) a half day

(c) a full day

(d) more than a full day

(14) For each day or part of a day on which the trial of a cause or matter, or the hearing of an ancillary application, or a children appointment, is continued after the first day

(15) Conference (including time reasonably spent in preparation and conference, but not otherwise remunerated)

(16)

(a) Complex items of written work (such as advices on evidence, opinions and affidavits of a substantial nature, requests for particulars or answers)

(b) All other written work

(17) Except where the court is within 25 miles of Charing Cross or where there is no local Bar in the court town, or within 25 miles thereof, for travelling time

taxation and review of taxation

(18) Preparing the bill (where allowable) and completing the taxation (excluding preparing for and attending the taxation).

(19) Preparing for and attending the taxation (including travelling and waiting).

(20) Review by registrar or judge (including preparation)

4 sections

Cite this legislation

The Matrimonial Causes (Costs) (Amendment) Rules 1989 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/uksi-1989-385

Contains public sector information licensed under the Open Government Licence v3.0.

OGL-3

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