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 website of the Northern Ireland Court and Tribunals Service.
In case study B it is not clear if an order already exists in Member State B. If so then this would appear to be the enforcement of such an order and as such it will involve the Maintenance Orders (Reciprocal Enforcement) Act 1972 and other legislation and treaties applicable. It is therefore not possible to provide generic information on costs etc as this would be dependant on the countries involved and the relationships between the Member States.
Indicative costs in Northern Ireland
Indicative costs for court, appeals and alternative dispute resolution
Case Study |
Court |
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Initial court fees |
Transcription fees |
Other fees |
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Case A |
Application for financial provision (periodical payments and/or lump sum) Family Proceedings Court – £50 Family Care Centre – £75 High Court –£100 |
Fees are £0.78 pence per folio or CD audio recording £25 per hour (if proceedings are recorded) |
At Family Proceedings Court –service of a summons £10 or for personal service £13 and Additional documents £3 each |
Case B |
Indicative costs for lawyer, bailiff and expert
Case Study |
Lawyer |
Bailiff |
Expert |
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Is representation compulsory? |
Average costs |
Is representation compulsory? |
Pre-judgement costs |
Post-judgement costs |
Is use compulsory? |
Cost |
|
Case A |
No – but High Court cases are normally more complex |
N/K |
N/A |
- |
- |
No |
N/K |
Case B |
Indicative costs for witness compensation, pledge or security and other relevant fees
Case Study |
Witness compensation |
Pledge or security |
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Are witnesses compensated? |
Cost |
Does this exist and when and how is it used? |
Cost |
|
Case A |
Loss of earnings etc. may be allowed at judicial discretion or agreed between parties |
This may be construed as an application for a freezing injunction in relation to assets. If so, fees as shown |
High Court – £200 County Court – £115 |
|
Case B |
Indicative costs for legal aid and other reimbursement
Case study |
Legal Aid |
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When and under what conditions is it applicable? |
When is support total? |
Conditions? |
|
Case A |
Funding can be granted to deal with ancillary matters such as maintenance, subject to the standard tests of means and merits |
See left |
See left |
Case B |
If the case is heard in Northern Ireland, the usual means and merits test will apply. |
See left |
See left |
Case study |
Reimbursement |
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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 |
Such costs would normally be included in any agreement between parties or as ordered by the judge |
N/K |
All costs have the potential to be included as part of a court order |
Clients may be liable to pay a contribution depending on their income and capital (see Case 1A) |
Case B |
As above |
Indicative costs for translation and interpretation
Case study |
Translation |
|
When and under what conditions is it necessary? |
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.
|
Case B |
Case study |
Interpretation |
Other costs specific to cross-border disputes? |
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When and under what conditions is it necessary? |
Approximate cost? |
Description |
Approximate cost? |
|
Case A |
If parties or witnesses do not speak or understand English |
Minimum payment of £30.00 per hour. |
Costs associated with service of documents |
Depends on where to be served, acceptable methods of service in the other Member State and how many attempts required |
Case B |
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