THE LIGHT RAILWAYS (COSTS) RULES, 1898. [Similar Rules were made for Scotland on October 29, 1898, under the name of the Light Railways (Costs) (Scotland) Rules, 1898. The points in which they differ from the present Rules (and as to which see sect. 26 of the Act) are shown below in italics within square brackets.] DATED MAY 27 [October 29], 1898, AND MADE BY THE BOARD OF TRADE, WITH THE CONCURRENCE OF THE LORD CHANCELLOR [Lord President of the Court of Session], PURSUANT TO THE THIRTEENTH SECTION [sections 13 (2) and 26 (4)] OF THE LIGHT RAILWAYS ACT, 1896 [59 & 60 Vict. c. 48]. The following rules, and the scales of costs contained therein, shall apply to the allowance and taxation as against a light railway company of all costs and charges of a claimant in an arbitration. 1. Where the compensation awarded by the arbitrator [arbiter] to the claimant does not exceed the sum specified in the first column of the Scale No. 1 hereinunder contained, the sum payable to the claimant for his costs of the arbitration shall be the sum specified in the second column of such scale, which sum shall include and cover all disbursements, except for the attendances of witnesses, for which attendances the sums specified in the third column of such scale shall be allowed. No charge for briefs to [memorials for], or attendance of, counsel shall be allowed. 2. Where the compensation awarded by the arbitrator [arbiter] exceeds the sum of three hundred pounds, but does not exceed the sum of five hundred pounds, the costs and charges of the claimant in the arbitration shall be allowed and (if necessary) taxed, in accordance with the provisions of the Scale No. 2 hereunder contained, and no other costs or charges other than those specified in such scale, or allowed in accordance therewith, shall be allowed. 3. Where the compensation awarded by the arbitrator [arbiter] exceeds the sum of five hundred pounds, the costs and charges of the claimant in the arbitration shall be taxed and allowed in accordance with the provisions of the Scale No. 3 hereunder contained, and no other costs or charges other than those specified in such scale, or allowed in accordance therewith, shall be allowed. 4. For the purpose of ascertaining the scale on which the costs of the claimant in the arbitration are to be allowed, the amount of compensation awarded by the arbitrator [arbiter] shall comprise and include the sum or sums awarded by the arbitrator [arbiter] in respect of any lands or interest in lands taken for or injuriously affected by the execution of works under the Act, or any Order made under the Act, and also all such amounts (if any) as may be deducted by the arbitrator [arbiter] in arriving at such sum or sums in respect of the permanent increase of value to the remaining and contiguous lands and hereditaments of the same proprietor, and the expenses of any accommodation works which may be prescribed by the award or which the light railway company may have agreed to construct for the protection or advantage of the claimant; and the arbitrator [arbiter] shall, if required so to do by either party to the arbitration, certify the amounts of such deductions and expenses. See sect. 13 of the Act and notes thereto. 5. So much of the First Schedule to the Arbitration Act, 1889, as provides that the arbitrator may award costs to be paid as between solicitor and client, shall not apply to an arbitration to which these rules apply. [The preceding sentence is omitted in the Scots Rules.] In any case in which the arbitrator [arbiter] taxes or settles the amount of costs to be paid to the claimant in the arbitration, these rules and the scales hereunder contained, shall apply to and govern such taxation and settlement of such costs by the arbitrator [arbiter]. 6. These rules and the scales of costs contained herein shall not apply to the fees or remuneration properly payable to or charged by the arbitrator [arbiter], which fees, if and when paid by the claimant, shall be recoverable by him from the party who is directed or liable to pay the same. 7. In these rules and scales of costs : (1.) "The Act" means the Light Railways Act, 1896 [59 & 60 Vict. c. 48]. (2.) "The arbitrator" means an arbitrator appointed under the thirteenth section of the Act. ["The arbiter" means an arbiter appointed under sect. 13 as made applicable to Scotland by sub-sect. (3) of sect. 26 of the Act.] (3.) "Taxing officer" includes the arbitrator [arbiter] when costs are taxed and settled by him. (4.) "Light railway company" has the same meaning as such expression has in the Act. 8. These rules shall commence and come into operation on the 27th day of May, 1898, and may be cited as the Light Railways (Costs) [(Scotland)] Rules, 1898. Scale No. 1. Scale of fixed costs where the compensation awarded does not exceed 3007. Costs where the compensation awarded exceeds 3007. but does not exceed 5001. (a) The amount payable to the claimant for the costs of the arbitration shall be the sum of 201., which sum shall include all charges and disbursements of every kind, except those hereinafter specially mentioned. (b) In addition to the said sum of 207., there shall be allowed to the claimant the charges and expenses of and incurred in obtaining the evidence and attendance of one expert witness as to the value of the claimant's lands, or interest in land, or the amount of compensation to which the claimant is entitled: which charges and expenses shall be taxed and allowed in accordance with the provisions of Scale 3, hereinafter contained. (c) If counsel is employed by the claimant, there shall be allowed to him, in addition, for preparing and delivering briefs [memorials] to and obtaining the attendance of counsel, such fees as, having regard to all the circumstances of the case, the taxing officer shall think fit. Scale No. 3. Scale of costs and allowance where the compensation exceeds five hundred pounds: 1. Instructions for claim and attendances on owner or claimant in respect thereof.. £ s. d. 110 2. Correspondence and attendance on the light railway £ s. d. company's solicitors thereon, including drawing and copy claim .... 3. Attendances on them agreeing upon arbitrator 4. Attending on each witness (of two witnesses) 5. Attending on the arbitrator [arbiter] and on the .... 6. Notice to each witness to attend 7. If a view is reasonably necessary attendances on arbitrator [arbiter] and company's solicitor arranging for view 8. Attending view with them. 9. Paid travelling expenses 10. If counsel employed, instructions to counsel to attend view 11. Paid his fee and clerk 12. Instructions for attending before the arbitrator [arbiter] and to conduct the claimant's case.. 13. If counsel employed in lieu of last item, instructions for brief [preparing for proof] 14. Drawing case and minutes of evidence, at per folio, 1s. [sheet, 6s.]; and if counsel attending, brief copy [copy] for counsel, at per folio, 4d. [sheet, 1s. 6d.] . 15. Paid counsel's fee 16. Attending him [charge according to amount of counsel's fees].... 17. Paid counsel's conference [consultation] fee 18. Attending conference [consultation] 0 6 8 ...... 1 6 0 0 13 4 5 0 19. Solicitor attending reference and conducting case, case completed on each side (solicitor and clerk).. 5 20. If reference not held in town in which the solicitor carries on business, for hotel expenses of solicitor. 1 1 0 Ditto ditto of clerk.. 0 15 0 (And for travelling expenses the sum actually paid.) 21. If reference not concluded, for each subsequent day the same charges. 22. If counsel in attendance, solicitor attending each day on reference 330 23. And if not in solicitor's town, for hotel expenses (and travelling expenses actually paid).... 110 24. Paid witnesses (according to the scale in use by the £ s. d. Masters in the Queen's Bench Division [table of fees allowed by the Act of Sederunt, 15th July, 1876]). 25. Drawing bill of costs and copy for taxing, at per folio, 8d. [sheet, 2s.]. 26. Copy for the railway company's solicitor, at per folio, 4d. [sheet, 2s.]. 27. Notice of taxing.. 28. Attending taxing 29. Paid taxing (the fee payable in the Queen's Bench Division on taxing costs [on the Auditor of the Court of Session taxing costs]). 30. Letters and messengers... 31. In agency cases for correspondence between solicitor and London [Edinburgh] agent .. In other than ordinary cases the taxing officer may increase or diminish any of the above charges if for any special reasons he shall think fit. CHAS. T. RITCHIE, 040 0 13 4 1 1 0 110 I concur, President of the Board of Trade. HALSBURY, C. [J. P. B. Robertson, Lord President of the Dated the 27th day of May [29th October], 1898. |