Θεσμοί Πολιτικής Δικονόμίας

1. Subject to the provisions of any law or Rules, the costs of and incident to any proceeding shall be in the discretion of the Court or Judge, who may authorize an executor, administrator or trustee who has not unreasonably instituted, or carried on, or resisted any proceeding, to have his costs paid out of a particular estate or fund.

2. Where upon the trial of any cause or matter it appears that the same cannot conveniently proceed by reason of the advocate for any party having neglected to attend personally, or by some other person on his behalf, or having omitted to give notice or deliver any papers or do any other act that was necessary, the advocate shall personally pay to all or any of the parties such costs as the Court or Judge shall think fit to award.

3. Where an advocate appearing in an action or other proceeding on a bond, account, or other liquidated claim, is plaintiff, or where, although the plaintiff named on the record is another person, the Court or Registrar is satisfied that the real claimant is the advocate himself, such advocate shall, notwithstanding any agreement to the contrary, be entitled to his out-of-pocket costs only : and wherein such actions or proceedings the plaintiff being an advocate, (or, although the plaintiff is another person, the Court or Registrar is satisfied that the real claimant is an advocate) employs counsel to appear for him, such plaintiff shall, notwithstanding any agreement to the contrary, be allowed his out-of-pocket costs only.

4. Save where other provision is made, in causes or matters commenced after these Rules come into operation, and in respect of proceedings taken hereafter in causes or matters already commenced, parties as between themselves, and advocates as between themselves and their clients shall, subject to the provisions of these Rules and any special order of the Court, be entitled to charge and shall be allowed such fees set forth in Appendix B as are appropriate to the case; and where the claim in any cause or matter is not a claim for money, the value of the claim must be ascertained from the evidence in the case or, if it cannot, then from any admission made to the Registrar or evidence received by him.

6. The Court or Judge may allow, or order to be taxed, fees on a higher scale than those specified in Appendix B on special grounds arising out of the nature and importance or the difficulty or urgency of the case, and may in addition allow, generally or in regard to particular items, fees for a second advocate on such scale as may seem fit, but not exceeding two-thirds of the fees allowed to the first advocate.

7. If in any case it shall appear to the Court or Judge that costs have been incurred either improperly or without any reasonable cause, or that by reason of any undue delay in proceeding under any judgment or order, or of any misconduct or default of the advocate, any costs properly incurred have nevertheless proved fruitless to the person incurring the same, the Court or Judge may call on the advocate of the person by whom such costs have been so incurred to show cause why such costs should not be disallowed as between the advocate and his client, and also (if the circumstances of the case shall require) why the advocate should not repay to his client any costs which the client may have been ordered to pay to any other person; and may thereupon make such order as the justice of the case may require. Such notice (if any) of the proceedings or order shall be given to the client in such manner as the Court or Judge may direct.

12. In any case where the Court or Judge shall think fit to award costs to any party, the Court or Judge may by the order direct taxation of the costs of such party and payment of a proportion thereof, or direct payment of a sum in lieu of taxed costs, and direct by and to whom such proportion or sum shall be paid.

13. The Court or Judge may, at the hearing of any cause or matter, or upon any application or proceeding in any cause or matter in Court or at chambers, and whether the same is objected to or not, direct the costs of any endorsement on a writ of summons, pleading, summons, affidavit, evidence, notice requiring a statement of claim, notice to produce, admit, or cross-examine witnesses, account, statement, procuring discovery, applications for time, bills of costs, service of notice of summons, or other proceeding, or any part thereof, which is improper, vexatious, unnecessary or contains vexatious or unnecessary matter, or is of unnecessary length, or caused by misconduct or negligence, to be disallowed, or may direct the taxing officer to look into the same and to disallow the costs thereof, or of such part thereof as he shall find to be improper, unnecessary, vexatious, or to contain unnecessary matter, or to be of unnecessary length, or caused by misconduct or negligence; and in such case the party whose costs are so disallowed shall pay the costs occasioned thereby to the other parties; and in any case where such question shall not have been raised before and dealt with by the Court or Judge, it shall be the duty of the taxing officer to look into the same (and, as to evidence, although the same may be entered as read in any judgment or order) for the purpose aforesaid and thereupon the same consequences shall ensue as if he had been specially directed to do so.

14. In any case in which, under Rule 13 of this Order, or any other Rule of Court, or by the order or direction of a Court or Judge, or otherwise, a party entitled to receive costs is liable to pay costs to any other party, the taxing officer may tax the costs such party is so liable to pay, and may adjust the same by way of deduction or set-off, or may, if he shall think fit, delay the allowance of the costs such party is entitled to receive until he has paid or tendered the costs he is liable to pay; or such officer may allow or certify the costs to be paid, and the same may be recovered by the party entitled thereto in the same manner as costs ordered to be paid may be recovered.

15. On every taxation the taxing officer shall allow all such costs, charges and expenses, as shall appear to him to have been necessary or proper for the attainment of justice or for defending the rights of any party, but save as against the party who incurred the same no costs shall be allowed which appear to the taxing officer to have been incurred or increased through over-caution, negligence, or mistake, or by payment of special fees to counsel or special charges or expenses to witnesses or other persons, or by other unusual expenses.

16. As to all fees or allowances which are discretionary, the same are, unless otherwise provided, to be allowed at the discretion of the taxing officer, who, in the exercise of such discretion, is to take into consideration the other fees and allowances to the advocate (if any) in respect of the work to which any such allowance applies, the nature and importance of the cause or matter, the amount involved, the interest of the parties, the fund or persons to bear the costs, the general conduct and costs of the proceedings, and all other circumstances.

17. If upon any taxation it shall appear that the costs have been increased by unnecessary delay, or by improper, vexatious, prolix or unnecessary proceedings, or by other misconduct or negligence, or that from any other cause the amount of the costs is excessive having regard to the nature of the business transacted or the interests involved or the money or value of property to which the costs relate, or to the other circumstances of the case, the taxing officer shall allow only such an amount of costs as may be reasonable and proper, and shall (if necessary) apportion the amount among the parties if more than one.

18. Any party who may be dissatisfied with the certificate of the taxing officer, as to any item which may have been objected to, may within seven days from the date of the certificate, apply for review of the taxation as to such item or part of an item, and the Court may thereupon make such order as it may think just; but the certificate of the taxing officer shall be final and conclusive as to all matters which shall not have been objected to.

19. If an advocate makes an agreement with his client as to the fees to be paid to him by the client, such agreement shall not affect the amount of or any rights or remedies for the recovery of any costs recoverable from the client by any other person, or payable to the client by any other person, and any such other person may require any costs, payable or recoverable by him to or from the client, to be taxed according to these Rules unless such person has otherwise agreed : provided always that the client who has entered into any agreement with his advocate shall not be entitled to recover from any other person, under any order for the payment of any costs which are the subject of such agreement, more than the amount payable by the client to his own advocate under the same.

20. Subject to the provisions contained in these Rules, the party enforcing a judgment or order shall be entitled to recover his costs of execution unless the Court shall otherwise direct : provided that where the judgment or order sought to be enforced is one for the payment of money and costs, the party enforcing it shall not be allowed as costs of execution more than the money directed to be paid (exclusive of costs) under such judgment or order provided also that where the judgment or order is not one for the payment of money and directs the payment of costs, the party enforcing such payment of costs shall not be allowed as costs of execution more than the money directed to be paid as costs under such judgment or order.

23. On taxation of any bill of costs the Registrar shall call upon the party claiming any costs to furnish evidence that any sum claimed on account of service, or on account of the travelling expenses and costs of maintenance of any witness, or on account of the preparation of a plan or model, or on account of the translation or copying of any document, or otherwise however, was in fact paid.

26. Where on taxation between advocate and client the advocate relies upon any agreement and the client objects that it is unfair and unreasonable, the Registrar may enquire into the facts and certify the same to the Court; and if, upon such certificate, it shall appear to the Court or Judge that cause has been shown either for cancelling the agreement or for reducing the amount payable under the same, the Court or Judge shall have power to order such cancellation or reduction, and to give all such directions necessary or proper for the purpose of carrying such order into effect, or otherwise consequential thereon, as to the Court or Judge may seem fit.

27. Any party seeking to recover costs may (but shall not be bound to) serve upon the party from whom payment is sought a copy of the bill of costs, with a demand for payment of the amount thereof; and if payment is not made within seven days of the day on which the copy of the bill of costs was so served, the costs of the service shall be considered as part of the costs of taxation.

(i) When application is made for the taxation of a bill of costs, the Registrar shall appoint such time for the taxation as shall in his opinion be sufficient to enable all parties interested to appear before him; and notice of the time so fixed shall be caused to be served on all parties interested by the party applying for the taxation. For the purpose of any taxation of costs by the Chief Registrar the address for service of a party shall include the address of any advocate who may have appeared for such party on the hearing before the Court.

(ii) (a) When advocate's fees are claimed in a taxation between party and party, the bill of costs shall, where no retainer by the party claiming costs has been filed, be accompanied by a joint affidavit or separate affidavits by the party applying and his advocate (or advocates, where costs for more than one advocate have been certified by the Court), stating, whether or not any express agreement was made in regard to the advocate's remuneration and whether or not such agreement was oral (in which case the terms thereof shall be set forth in the affidavit) or in writing (in which case the written agreement shall be attached to the affidavit as an exhibit thereto).

(b) When an advocate seeks to tax costs against his client he shall, with his bill, where no retainer has been filed, file an affidavit stating that he was retained by the client orally or in writing (in which latter ease he shall attach the written retainer to the affidavit as an exhibit, if' it is not already filed in Court), and whether or not he made any express agreement about his remuneration : if he states that there was such agreement, he shall, if it was oral, set forth the terms thereof in the affidavit, or, if it was in writing, attach it to the affidavit as an exhibit thereto.

32. Where any party is ordered to pay the costs of any action or of any proceeding in an action, such costs shall not include the costs of proving any document, unless it was proved in the course of the action (or is proved at the time of taxation) that notice to admit the document according to the provisions of Order 24, Rule 2, was duly served on such party.

33. Where the Court shall by its judgment order that the costs occasioned by any particular part of any claim or defence are to be paid by the party making such claim or defence, the Registrar, on ascertaining the particulars of any costs claimed under such order, may apply to the Court for directions as to whether all or any of the costs so claimed are to be considered as costs so ordered to be paid.

34. Where any party is ordered to pay the costs of any appeal, such costs shall not, unless the Court which heard the appeal or a Judge thereof shall otherwise order, include any costs occasioned by the neglect of the appellant to specify in his notice of appeal the particular part of the judgment or order against which the appeal is made, and the Registrar in taxing any bill of costs may, when he has ascertained the particulars thereof, apply to the Court for directions as to whether any of the costs claimed are to be considered as costs so occasioned.