European e-Justice Portal

Costs

Northern Ireland

In this case study on commercial law – contract, Member States were asked to advise the seller on litigation costs in order to consider the following situations: Case A – National situation: A company delivered goods worth 20.000 euros. The seller has not been paid because the buyer considers that the goods do not conform to what was agreed. The seller decides to sue to obtain the full payment of the price. Case B – Transnational situation: A company whose head office is located in Member State B delivers goods worth 20.000 euros to buyer in Member State A. The contract is subject to Member State B’s law and written in Member State B’s language. This seller has not been paid because the buyer located in Member State A considers that the goods do not conform to what was agreed. The seller decides to sue in Member State A to obtain full payment of the price as provided under the contract with the buyer.

Important Points to Note About the Information Provided

It should be noted that it is not possible to give definitive costs and the matters included below are indicative only. Where possible actual fees have been included for certain aspects of the processes but these should be viewed as a guide only. Fees often depend on the tier of court used and the steps involved in the individual case, a full list of court fees charged can be found at the Northern Ireland Court and Tribunals Service.

N/A is shown where the answer is Not Applicable and N/K is shown where the answer is Not Known.

Indicative costs in Northern Ireland

Indicative costs for court, appeals and alternative dispute resolution

Case Study	Court			Appeals			ADR
	Initial court fees	Transcription fees	Other fees	Initial court fees	Transcription fees	Other fees	Is this option open for this type of case?	Costs
Case A	High Court £200	Fees are £0.78 pence per folio or CD audio recording £25 per hour (if proceedings are recorded)	£150 if they wish case to be transferred to the Commercial List. £300 setting down fee	£200 (Notice of appeal to the High Court) £500 (Notice of appeal to the Court of Appeal)	Fees are £0.78 pence per folio or CD audio recording £25 per hour (if proceedings are recorded)	Variable	Yes	N/K but fees would be as agreed with the mediator. Some information may be available from the Northern Ireland Law Society
Case B	High Court £200	As above	£150 if they wish case to be transferred to the Commercial List. £300 setting down fee	£200 (Notice of appeal to the High Court) £500 (Notice of appeal to the Court of Appeal)	As above	Variable	Yes	N/K but fees would be as agreed with the mediator. Some information may be available from the Northern Ireland Law Society

Indicative costs for lawyer, bailiff and expert

Case Study	Lawyer		Bailiff			Expert
	Is representation compulsory?	Average costs	Is representation compulsory?	Pre-judgement costs	Post-judgement costs	Is use compulsory?	Cost
Case A	No	N/K	-	-	-	No	N/K
Case B	No, but an address for service is required within the jurisdiction	N/K	-	-	-	No	N/K

Indicative costs for witness compensation, pledge or security and other relevant fees

Case Study	Witness compensation		Pledge or security		Other fees
	Are witnesses compensated?	Cost	Does this exist and when and how is it used?	Cost	Description	Cost
Case A	May be entitled to their expenses from the solicitors who called them	N/K	An Order for security for costs exists	£115	There would be fees on interlocutory applications Fees for copy Orders if required.	£115 £10 or £8 if obtained on line
Case B	May be entitled to their expenses from the solicitors who called them	N/K	An Order for security for costs exists	£115	There would be fees on interlocutory applications Fees for copy Orders if required.	£115 £10 or £8 if obtained on line

Indicative costs for legal aid and other reimbursement

Case study	Legal Aid			Reimbursement
	When and under what conditions is it applicable?	When is support total?	Conditions?	Can the winning party obtain reimbursement of litigation costs?	If reimbursement is not total what is percentage in general?	What costs are never reimbursed?	Are there instances when legal aid should be reimbursed to the legal aid organisation?
Case A	Civil legal aid is not available for cases arising out of company or partnership law or the carrying on of a business. Note that in this case we assume that both the buyer and seller are businesses.	N/A	N/A	Reimbursement of costs normally follows the decision on the case.	Courts Decision	N/K	N/A
Case B	See above	See above	See above	Reimbursement of costs normally follows the decision on the case.	Court Decision	N/K	N/A

Indicative costs for translation and interpretation

Case study	Translation		Interpretation		Other costs specific to cross-border disputes?
	When and under what conditions is it necessary?	Approximate cost?	When and under what conditions is it necessary?	Approximate cost?	Description	Approximate cost?
Case A	If documents to be put before the court are not in English	The Current rate is £120 per 1000 words for every language or 12p per word.	If parties or witnesses do not speak or understand English	Minimum payment of £30.00 per hour.	N/K	N/K
Case B	Documents lodged must be in English	N/K. Documents would be translated into English in the other jurisdiction before being lodged.	If parties or witnesses do not speak or understand English	N/K	Costs of registering the order/ judgement for enforcement if not a European order for enforcement/ payment	£50

Last update: 08/11/2019

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