Advocates (Remuneration & Taxation of Costs) Regulations
These Regulations may be cited as the Advocates (Remuneration and Taxation of Costs) Regulations.
AI-assisted research synopsis — verify against the official legal text below.
- Jurisdiction
- Uganda
- Instrument
- Regulation
- Citation
- Statutory Instrument 123 of 1982
- Version
- Undated source snapshot
- Language
- en
Citation provenance: source:ug:ulii · schema StatuteEnrichmentPublicV1.
Source attribution: Source: Uganda Legal Information Institute
Statute overview
About this statute
The taxing officer may tax costs between advocate and client on application by either party; if a client applies on a summarised or block bill the taxing officer must give the advocate an opportunity to file an itemised bill; due notice of the taxation date must be given to both parties and both are entitled to attend and be heard. After due notice, an advocate who fails without reasonable excuse to appear for taxation, or who delays or causes unnecessary expense, must forfeit their fees on the order of the taxing officer and pay any unnecessary expenses; the taxing officer may proceed with the taxation ex parte. The provisions of Part III of these Regulations shall apply, so far as practicable and in all appropriate respects, to any bill of costs under Part II which may require taxation. Advocates (or unrepresented parties) must jointly identify any agreed costs, fees and expenses before taxation; the taxing officer must record those identified items and then tax the remaining items. The taxing officer may allow authorised costs that appear necessary or proper, but must not allow costs that appear to have been incurred through overcaution, negligence, mistake, special payments to witnesses or other unusual expenses (except against the party who incurred them).
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Provisions of Advocates (Remuneration & Taxation of Costs) Regulations
Showing 58 of 58
Part I
General matters
- 1
General matters - Citation
AI-assisted research summary: These Regulations may be cited as the Advocates (Remuneration and Taxation of Costs) Regulations.
Section Citation Section These Regulations may be cited as the Advocates (Remuneration and Taxation of Costs) Regulations. - 10
General matters - Taxation of costs as between advocate and client on application of either party
AI-assisted research summary: The taxing officer may tax costs between advocate and client on application by either party; if a client applies on a summarised or block bill the taxing officer must give the advocate an opportunity to file an itemised bill; due notice of the taxation date must be given to both parties and both are entitled to attend and be heard.
Section Taxation of costs as between advocate and client on application of either party Section The taxing officer may tax costs as between advocate and client without any order for the purpose, upon the application of the advocate or upon the application of the client, but where a client applies for taxation of a bill which has been rendered in summarised or block form, the taxing officer shall give the advocate an opportunity to submit an itemised bill of costs before proceeding with the taxation, and in that event the advocate shall not be bound by or limited to the amount of the bill rendered in summarised or block form. Due notice of the date fixed for the taxation shall be given to both parties, and both shall be entitled to attend and be heard. - 11
General matters - Failure of advocate to attend taxation after notice, etc.
AI-assisted research summary: After due notice, an advocate who fails without reasonable excuse to appear for taxation, or who delays or causes unnecessary expense, must forfeit their fees on the order of the taxing officer and pay any unnecessary expenses; the taxing officer may proceed with the taxation ex parte.
Section Failure of advocate to attend taxation after notice, etc. Section Any advocate who, after due notice, fails without reasonable excuse to appear on the date and at the time fixed for taxation or on any date and time to which the taxation is adjourned or who, in any way, delays or impedes the taxation or puts any other party to unnecessary or improper expense relative to the taxation shall, on the order of the taxing officer, forfeit the fees to which he or she would otherwise be entitled for drawing his or her bill of costs and attending the taxation and shall in addition be personally liable to pay for any unnecessary or improper expenses to which he or she has put any party; and the taxing officer may proceed with the taxation ex parte . - 12
General matters - Taxation procedure contained in Part III to apply to bills under Part II
AI-assisted research summary: The provisions of Part III of these Regulations shall apply, so far as practicable and in all appropriate respects, to any bill of costs under Part II which may require taxation.
Section Taxation procedure contained in Part III to apply to bills under Part II Section The provisions of Part III of these Regulations as to the form and procedure for filing and disposal of a bill of costs for taxation shall apply in all appropriate respects and so far as practicable to any bill of costs under Part II of these Regulations which may require to be taxed. - 13
General matters - Discretion of taxing officer
AI-assisted research summary: The taxing officer may allow authorised costs that appear necessary or proper, but must not allow costs that appear to have been incurred through overcaution, negligence, mistake, special payments to witnesses or other unusual expenses (except against the party who incurred them).
Section Discretion of taxing officer Section Notwithstanding anything in these Regulations, on every taxation the taxing officer may allow all such costs, charges and expenses as are authorised in these Regulations and appear to him or her to have been necessary or proper for the attainment of justice or for defending the rights of any party but, except as against the party who incurred them, no costs shall be allowed which appear to the taxing officer to have been incurred or increased through overcaution, negligence or mistake, or by payment of special charges or expenses to witnesses or other persons, or by other unusual expenses. - 13
General matters - Pre-taxation meeting of advocates or parties
AI-assisted research summary: Advocates (or unrepresented parties) must jointly identify any agreed costs, fees and expenses before taxation; the taxing officer must record those identified items and then tax the remaining items.
Section Pre-taxation meeting of advocates or parties Section The advocates for the respective parties or the parties themselves, if unrepresented, shall jointly identify the costs, fees and expenses on which they agree, if any, before the taxation of a bill of costs. For every taxation, the taxing officer shall record the costs, fees and expenses that are identified in sub-regulation (1) if any, and then proceed to tax the costs, fees and expenses on which there is no agreement, if any. [regulation 13A added by regulation 3 of Statutory Instrument 7 of 2018 ]Referenced legislation
- Statutory Instrument 7 of 2018 (unresolved)
- 2
General matters - Application of Regulations
AI-assisted research summary: Clients must remunerate advocates of the High Court and that remuneration, and related taxation and taxation of costs, must follow these Regulations.
Section Application of Regulations Section The remuneration of an advocate of the High Court by his or her client in contentious and noncontentious matters, the taxation of that remuneration and the taxation of costs as between party and party in contentious matters in the High Court and in magistrates courts shall be in accordance with these Regulations. - 3
General matters - Definition of folio
AI-assisted research summary: Defines “folio” as one hundred words and states counting rules for figures and items in accounts.
Section Definition of folio Section In these Regulations, unless the context otherwise requires, “folio” means one hundred words, and in the calculation of a folio, a single figure or a group of figures up to five, or an item in accounts, shall be counted as one word. - 4
General matters - Agreed fee not to be less than scale up to one hundred thousand shillings
AI-assisted research summary: Advocates must not accept remuneration below the rates in these Regulations, except when the assessed remuneration would exceed one hundred thousand shillings; in that case the agreed fee must be at least one hundred thousand shillings.
Section Agreed fee not to be less than scale up to one hundred thousand shillings Section No advocate shall accept or agree to accept remuneration at less than that provided by these Regulations except where the remuneration assessed under these Regulations would exceed the sum of one hundred thousand shillings, and in that event the agreed fee shall not be less than one hundred thousand shillings. [regulation 4 amended by regulation 2 of Statutory Instrument 7 of 2018 ]Referenced legislation
- Statutory Instrument 7 of 2018 (unresolved)
- 5
General matters - Additional remuneration for exceptional dispatch
AI-assisted research summary: If any business requires and receives exceptional dispatch, the advocate is entitled to and may receive additional remuneration, which is allowable only between advocate and client.
Section Additional remuneration for exceptional dispatch Section Where any business requires and receives exceptional dispatch, the advocate shall be entitled to receive and shall be allowed such additional remuneration as is appropriate in the circumstances, which shall be allowable only as between advocate and client. - 6
General matters - Special fee for exceptional importance and complexity
AI-assisted research summary: An advocate is entitled to receive a special fee for business of exceptional importance or unusual complexity, in addition to the remuneration provided in these Regulations.
Section Special fee for exceptional importance and complexity Section In assessing that special fee regard may be had to— In business of exceptional importance or of unusual complexity, an advocate shall be entitled to receive and shall be allowed as against his or her client a special fee in addition to the remuneration provided in these Regulations. the circumstances in which the business or part of the business is transacted; the nature and extent of the pecuniary or other interest involved; the labour and responsibility entailed; and the number, complexity and importance of the documents prepared or examined. - 7
General matters - Security from client for advocate's remuneration
AI-assisted research summary: An advocate may accept security from a client, and a client may give security to an advocate, to cover amounts due for the advocate's remuneration, disbursements and interest (interest not to commence until the amount is ascertained).
Section Security from client for advocate's remuneration Section An advocate may accept from his or her client and a client may give to his or her advocate security for the amount to become due to the advocate for remuneration and disbursements in business to be transacted or being transacted by him or her and for interest as hereafter provided on such amount, but so that interest is not to commence until the amount due is ascertained by either agreement or taxation. - 8
General matters - Interest may be charged
AI-assisted research summary: An advocate may charge interest at 6 percent per year on disbursements and costs.
Section Interest may be charged Section An advocate may charge interest at 6 percent per year on his or her disbursements and costs, whether by scale or otherwise, from the expiration of one month from the delivery of his or her bill to the client. - 9
General matters - Notice of taxation to be given by taxing officer
AI-assisted research summary: When a bill of costs is lodged the registrar must, upon payment of the prescribed fee, give notice of the date and time fixed for taxation (not less than five days after issue unless the registrar allows a shorter time) and must send a copy with the bill to each endorsed advocate or person entitled to notice.
Section Notice of taxation to be given by taxing officer Section When a bill of costs has been lodged for taxation, the registrar shall, upon payment of the prescribed fee, issue to the party lodging the bill a notice of the date and time (being not less than five days after the issue of the notice, unless a shorter time is specially allowed by the registrar) fixed for taxation of the bill of costs and shall also issue a copy of the notice, accompanied by a copy of the bill, to each advocate and other person whose name is endorsed on the bill as entitled to receive notice of the taxation of the bill of costs.
Part II
Noncontentious matters
- 14
Noncontentious matters - Scale of charges in noncontentious matters
AI-assisted research summary: Advocates must follow prescribed scales of charges for various noncontentious conveyancing and general business as set out in the First to Fifth Schedules, subject to regulation 19.
Section Scale of charges in noncontentious matters Section Subject to regulation 19 of these Regulations, the scale of charges by an advocate in respect of conveyancing and general business (not being business in any action or transacted in any court or in the chambers of any judge or registrar) shall be regulated as follows— in respect of sales, purchases, mortgages and debentures completed, the remuneration shall be that prescribed in the First Schedule to these Regulations; in respect of leases, agreements for leases or conveyances reserving rents or agreements for the same completed, the remuneration shall be that prescribed in the Second Schedule to these Regulations; in respect of business in connection with floatation of companies, the remuneration shall be that prescribed in the Third Schedule to these Regulations; in respect of business in connection with registration of trademarks, inventions and designs, the remuneration shall be that prescribed in the Fourth Schedule to these Regulations; and in respect of any business referred to in paragraphs (a) and (b) of this regulation which is not completed, and in respect of other deeds or documents, including settlements and of all other business of a noncontentious nature the remuneration for which is not hereinbefore provided for, the remuneration shall be that prescribed in the Fifth Schedule to these Regulations. - 15
Noncontentious matters - Remuneration not to include stamps, auctioneer's charges, etc.
AI-assisted research summary: Remuneration set out in the Schedules excludes stamps, auctioneer's or valuer's charges, travelling or hotel expenses, search or registration fees, costs of extracts, and other properly paid disbursements, but includes stationery charges and allowances for advocates and clerks and similar disbursements.
Section Remuneration not to include stamps, auctioneer's charges, etc. Section The remuneration prescribed by the various Schedules to these Regulations shall not include stamps, auctioneer's or valuer's charges, travelling or hotel expenses, fees paid on searches in public offices or on registrations, costs of extracts from any register, record or roll, or other disbursements reasonably and properly paid, but shall include stationery charges and allowances for the time of the advocate and his or her clerks, and for copying and parchment and all similar disbursements. The remuneration prescribed in the First to Fifth Schedules to these Regulations does not apply to any business of a contentious character or any proceedings in court or chambers. - 16
Noncontentious matters - Scale charges—what they include
AI-assisted research summary: Defines what items are included in scale charges, lists specific exclusions, and sets that only one-third of scale remuneration is allowed for carbon-copy documents in noncontentious matters.
Section Scale charges—what they include Section Scale charges shall include all work ordinarily incidental to a transaction, like in the case of a conveyance, transfer or mortgage, the taking of instructions to prepare the necessary deed or document, the investigation of title, the preparation or approval of the deed, the settlement of the transaction if in the town of the advocate's practice, the registration of the deed and correspondence between the advocate and client. Scale charges shall not cover prior negotiations leading up to or necessary for the completion of a bargain, the tracing of title deeds, the adjudication of stamp duties, extra work occasioned by special circumstances or work occasioned by a change of circumstances emerging while an item of business is in progress, like the death or bankruptcy of a party to the transaction. In noncontentious matters, only one-third of the scale remuneration shall be allowed for copies of documents which are carbon copies. - 17
Noncontentious matters - Scale charges—how calculated
AI-assisted research summary: When calculating scale charges, the basis of the charge is the sum stated in the deed or document as price or consideration, or if none is stated, the value of the subject matter which is deemed to be one of three specified values.
Section Scale charges—how calculated Section In the calculation of scale charges the basis of the charge shall, unless otherwise provided in the Schedules to these Regulations, and irrespective of the number of titles involved or documents required to be prepared or approved, be the sum set forth in the deed or document as the price or consideration or, if no price or consideration is set forth, the value of the subject matter affected by the deed, which shall be deemed to be— the value fixed for the purpose of stamp duty; the sum at which the property affected has last been passed for estate duty; or the last price at which a sale has taken place within ten years from the date of the transaction. - 18
Noncontentious matters - Liberty of advocate to elect for Fifth Schedule
AI-assisted research summary: An advocate may elect in writing, before or when rendering a bill of costs, that their remuneration be according to the Fifth Schedule to these Regulations.
Section Liberty of advocate to elect for Fifth Schedule Section In all cases to which the scales prescribed in the First to Fourth Schedules to these Regulations apply, an advocate may, before or contemporaneously with rendering a bill of costs, by writing under his or her hand communicated to the client, elect that his or her remuneration shall be according to the Fifth Schedule to these Regulations, but if no such election shall be made, his or her remuneration shall be according to the appropriate scale prescribed in the First to Fourth Schedules to these Regulations. - 19
Noncontentious matters - Business falling under more than one category
AI-assisted research summary: If business in one transaction handled by an advocate falls under more than one Schedule category, each item is charged separately under the Schedule where it falls; parts not provided for are charged under the Fifth Schedule.
Section Business falling under more than one category Section If the business handled by an advocate in the course of any one transaction falls under more than one of the categories prescribed in the First to Fourth Schedules to these Regulations, each item shall be charged for separately according to the remuneration prescribed in the Schedule within which it falls, and any part of the business not specially provided for by any of the First to Fourth Schedules shall be charged for under the Fifth Schedule to these Regulations. - 20
Noncontentious matters - Definitions and application of the First Schedule
AI-assisted research summary: Regulations 21–28 govern how the First Schedule is applied; the term “the scales” (or similar) means the First Schedule charges as modified by any preceding regulation; and in regulations 21–28 certain terms (conveyance, mortgage, mortgagor, mortgagee) are to be read as specified alternative terms.
Section Definitions and application of the First Schedule Section Regulations 21 to 28 of these Regulations shall govern the application of the First Schedule to these Regulations and shall be applied in sequence, and the words “the scales” or words of similar import appearing in any of those regulations shall be read and construed as meaning the charges prescribed by the First Schedule as modified by the provision of any preceding regulation. In regulations 21 to 28 of these Regulations, wherever their application so requires, the words “conveyance”, “mortgage”, “mortgagor” and “mortgagee” shall respectively be read and construed as “transfer” or “assignment”, “charge”, “charger” and “chargee”. - 21
Noncontentious matters - Remuneration of vendor's advocate for conveyance on sale by auction
AI-assisted research summary: The vendor's advocate's fee for preparing a conveyance on a sale by auction is to be charged on each lot sold.
Section Remuneration of vendor's advocate for conveyance on sale by auction Section The remuneration of the vendor's advocate for perusing and completing a conveyance on a sale by auction shall be chargeable on each lot of property, except that where property held under the same title is divided into lots for the purposes of sale and the same purchaser buys and takes one conveyance of more than one lot, the remuneration shall be chargeable on each conveyance upon the aggregate prices of the lots contained in such or each conveyance. - 22
Noncontentious matters - Charges where advocate is concerned for both mortgagor and mortgagee or vendor and purchaser
AI-assisted research summary: An advocate who represents both parties in a mortgage or a sale may charge the full advocate's charges of one party and half of the advocate's charges of the other party.
Section Charges where advocate is concerned for both mortgagor and mortgagee or vendor and purchaser Section Where an advocate is concerned for both mortgagor and mortgagee, he or she is to be entitled to charge the mortgagee's advocate's charges and one-half of those which would be allowed to the mortgagor's advocate. When an advocate acts for both vendor and purchaser, he or she shall be entitled to charge the purchaser's advocate's charges and one-half of the vendor's advocate's charges. - 23
Noncontentious matters - Where building society is mortgagee
AI-assisted research summary: If an advocate acting for a building society uses a printed or stereotyped form of engrossment, mortgage or discharge, the fee payable to the mortgagee's advocate under the scale is reduced by one-quarter.
Section Where building society is mortgagee Section Where an advocate acting on behalf of a building society makes use of a printed or stereotyped form of engrossment or mortgage or discharge, the fee payable to the mortgagee's advocate in respect thereof under the above scale shall be reduced by one-quarter. For the purposes of this regulation, a building society shall be deemed to include any association, corporation or company acting in the making of an advance or the lending of money on the security of, or for the purposes of, purchasing or building, domestic residential property. - 24
Noncontentious matters - Charges where conveyance and mortgage are prepared by one advocate
AI-assisted research summary: If the same advocate prepares a conveyance and a mortgage of the same property completed at the same time, that advocate is entitled to charge only half the scale fees for approving the mortgage deed.
Section Charges where conveyance and mortgage are prepared by one advocate Section Where a conveyance and mortgage of the same property are completed at the same time and are prepared by the same advocate, he or she shall be entitled to charge only one-half of the scale fees for approving the mortgage deed. - 25
Noncontentious matters - Charges where one document prepared and one approved by one advocate
AI-assisted research summary: When a conveyance and mortgage of the same property are completed together, an advocate who prepared one document and approved the other is entitled to charge only half the scale fees for the document they approved.
Section Charges where one document prepared and one approved by one advocate Section Where a conveyance and mortgage of the same property are completed at the same time, an advocate who has prepared one document and approved the other shall be entitled to charge only one-half of the scale fees in respect of the document which he or she approved. - 26
Noncontentious matters - Charges where mortgage in favour of vendor and one advocate acting for both parties
AI-assisted research summary: When a conveyance and mortgage of the same property are completed together, prepared by the same advocate, and the mortgagee is the vendor, the advocate is entitled to charge only one-half of the prescribed scale fee for approving the mortgage deed.
Section Charges where mortgage in favour of vendor and one advocate acting for both parties Section Where a conveyance and mortgage of the same property are completed at the same time and are prepared by the same advocate and the mortgagee is the vendor, the advocate shall be entitled to charge only one-half of the scale fee prescribed for approving the mortgage deed. - 27
Noncontentious matters - Where property is sold subject to incumbrance
AI-assisted research summary: When property is sold subject to incumbrances, the incumbrances are treated as part of the purchase money for calculating conveyance charges, except if the mortgagee is the purchaser, in which case the charge is calculated on the price of the equity of redemption.
Section Where property is sold subject to incumbrance Section Where property is sold subject to incumbrances, the amount of the incumbrances shall be deemed part of the purchase money for the purpose of calculating the charges for the conveyance, except where the mortgagee is the purchaser, in which case the charge for the conveyance shall be calculated upon the price of the equity of redemption. - 28
Noncontentious matters - Charges for approving draft on behalf of several parties having different interests
AI-assisted research summary: An advocate who approves a draft for several distinct but non-conflicting parties may charge the scale fee under the First Schedule for each party.
Section Charges for approving draft on behalf of several parties having different interests Section If an advocate approves a draft on behalf of several parties having distinct but not conflicting interests capable of separate representation, he or she shall be entitled to charge the scale fee under the First Schedule to these Regulations in respect of each of the several parties. - 29
Noncontentious matters - Application of the Second Schedule
AI-assisted research summary: Regulations 30 to 35 govern how the Second Schedule applies to these Regulations.
Section Application of the Second Schedule Section Regulations 30 to 35 of these Regulations shall govern the application of the Second Schedule to these Regulations. - 30
Noncontentious matters - Abstract of title furnished by vendor
AI-assisted research summary: If the vendor or lessor, at the purchaser's or lessee's request, furnishes an abstract of title, it must be charged for according to the Fifth Schedule to these Regulations.
Section Abstract of title furnished by vendor Section Where the vendor or lessor, at the request of the purchaser or lessee, furnishes an abstract of title, it shall be charged for according to the Fifth Schedule to these Regulations. - 31
Noncontentious matters - Lessee to pay lessor's costs
AI-assisted research summary: If there is no agreement about costs, the lessee must pay the lessor's costs for preparing, completing and registering the lease and its counterpart.
Section Lessee to pay lessor's costs Section In the absence of any agreement as to costs, the costs of a lessor for the preparation, completion and registration of a lease and counterpart shall be payable by the lessee. - 32
Noncontentious matters - Charges where advocate is concerned for both vendor and purchaser, etc.
AI-assisted research summary: If an advocate acts for both vendor and purchaser (or for both lessor and lessee), the advocate is entitled to charge the vendor's (or lessor's) advocate's charges and one-half of the purchaser's (or lessee's) advocate's charges.
Section Charges where advocate is concerned for both vendor and purchaser, etc. Section Where an advocate is concerned for both vendor and purchaser or lessor and lessee, he or she shall be entitled to charge the vendor's or lessor' s advocate' s charges and on e-half of that of the purchaser's or lessee's advocate. - 33
Noncontentious matters - Where mortgagor or mortgagee joins in a conveyance
AI-assisted research summary: The vendor's or lessor's advocate may charge four hundred shillings in addition when a mortgagor or mortgagee joins in a conveyance or lease.
Section Where mortgagor or mortgagee joins in a conveyance Section Where a mortgagor or mortgagee joins in a conveyance or lease, the vendor's or lessor's advocate may charge four hundred shillings in addition. - 34
Noncontentious matters - Where party other than vendor is represented by a separate advocate
AI-assisted research summary: If a party (other than a vendor or lessor) joining in a conveyance or lease is represented by a separate advocate, the charges of that separate advocate are to be calculated under the Fifth Schedule to these Regulations.
Section Where party other than vendor is represented by a separate advocate Section Where a party, other than a vendor or lessor, joins in a conveyance or lease and is represented by a separate advocate, the charges of the separate advocate shall be calculated under the Fifth Schedule to these Regulations. - 35
Noncontentious matters - Where consideration for conveyance or lease consists partly of premium and partly of rent
AI-assisted research summary: If a conveyance or lease is partly paid by a premium (money payment) and partly by rent, an additional sum equal to the remuneration under the First Schedule must be paid on the purchase at a price equal to the money payment or premium, in addition to the remuneration for the rent.
Section Where consideration for conveyance or lease consists partly of premium and partly of rent Section Where a conveyance or lease is partly in consideration of a money payment or premium and partly of a rent, then, in addition to the remuneration hereby prescribed in respect of the rent, there shall be paid a further sum equal to the remuneration under the First Schedule to these Regulations on a purchase at a price equal to the money payment or premium.
Part III
Contentious matters and taxation of costs
- 36
Contentious matters and taxation of costs - Application to contentious matters
AI-assisted research summary: This Part of the Regulations applies to contentious matters and to taxation of costs between advocate and client and between party and party in contentious proceedings.
Section Application to contentious matters Section This Part of these Regulations shall apply to contentious matters and the taxation of costs as between advocate and client and between party and party in contentious proceedings. - 37
Contentious matters and taxation of costs - Costs in High Court and magistrates courts according to Sixth Schedule
AI-assisted research summary: A bill of costs from contentious proceedings in the High Court and magistrates courts is to be taxed according to the rates in the Sixth Schedule, subject to any court order in a particular case.
Section Costs in High Court and magistrates courts according to Sixth Schedule Section A bill of costs incurred in contentious proceedings in the High Court and in the magistrates courts shall, subject to any order pronounced by the court in regard to any particular case, be taxable according to the rates prescribed in the Sixth Schedule to these Regulations. - 38
Contentious matters and taxation of costs - Costs may be taxed as between party and party or as between advocate and client
AI-assisted research summary: Costs awarded are to be taxed and paid as between party and party unless the court expressly orders them to be as between advocate and client.
Section Costs may be taxed as between party and party or as between advocate and client Section The costs awarded by the court on any matter or application shall be taxed and paid as between party and party unless the court shall expressly order the costs awarded to be as between advocate and client. - 39
Contentious matters and taxation of costs - No advocate's costs where suit brought without notice
AI-assisted research summary: If the plaintiff did not give notice and the defendant pays at or before the first hearing, advocate's costs are not allowed except by order of the judge or magistrate.
Section No advocate's costs where suit brought without notice Section If the plaintiff in any action has not given the defendant notice of his or her intention to sue, and the defendant pays the amount claimed or found due at or before the first hearing, no advocate's costs shall be allowed except on an order of the judge or magistrate. - 40
Contentious matters and taxation of costs - Registrar to record consent order on payment of filing fee
AI-assisted research summary: If parties agree costs after proceedings, they may jointly request the registrar to record that agreement, and the registrar must record it upon payment of the same court fee payable for filing a bill of costs.
Section Registrar to record consent order on payment of filing fee Section If, after the disposal of any proceedings by the court, the parties to the proceedings agree to the amount of costs to be paid in pursuance of the court's order or judgment in the proceedings, the parties may, in lieu of proceeding to taxation, request the registrar by joint letter to record their agreement, and the registrar shall do so upon payment of the same court fee as is payable on the filing of a bill of costs. The agreement, when recorded, shall have the same force and effect as a certificate of taxation by the taxing officer. - 41
Contentious matters and taxation of costs - Costs of more than one advocate to be certified by the judge
AI-assisted research summary: A judge must certify that more than one advocate was reasonable and proper for costs of multiple advocates to be allowed, considering factors such as amounts recovered or sued for and the nature, importance or difficulty of the case.
Section Costs of more than one advocate to be certified by the judge Section The costs of more than one advocate may be allowed on the basis hereafter provided in causes or matters in which the judge at the trial or on delivery of judgment shall have certified under his or her hand that more than one advocate was reasonable and proper, having regard, in the case of a plaintiff, to the amount recovered or paid in settlement or the relief awarded or the nature, importance or difficulty of the case and, in the case of a defendant, having regard to the amount sued for or the relief claimed or the nature, importance or difficulty of the case. A certificate for two counsel may be granted under this regulation in respect of two members or employees of the same firm. - 42
Contentious matters and taxation of costs - Costs where same advocate is employed by two or more plaintiffs or defendants
AI-assisted research summary: When the same advocate represents two or more plaintiffs or defendants and separate pleadings or proceedings occur, the taxing officer must consider whether those separate pleadings or proceedings were necessary and proper, and if any costs were unnecessarily or improperly incurred, those costs shall be disallowed.
Section Costs where same advocate is employed by two or more plaintiffs or defendants Section Where the same advocate is employed by two or more plaintiffs or defendants, and separate pleadings are delivered or other proceedings heard by or for two or more such plaintiffs or defendants separately, the taxing officer shall consider in the taxation of the advocate's bill of costs, either between party and party or between advocate and client, whether the separate pleadings or other proceedings were necessary and proper, and if he or she is of the opinion that any part of the costs occasioned by the separate pleadings or other proceedings has been unnecessarily or improperly incurred, that part of the costs shall be disallowed. - 43
Contentious matters and taxation of costs - Costs between party and party where joint executors or trustees defend separately
AI-assisted research summary: The taxing officer must, unless the court or judge orders otherwise and when satisfied the defendants should have joined their defence, allow only one set of costs for the defendants and apportion those costs among them as the taxing officer deems fit.
Section Costs between party and party where joint executors or trustees defend separately Section In taxing as between party and party the costs of joint executors or trustees who defend separately, the taxing officer shall, unless otherwise ordered by the court or judge, allow only one set of costs for the defendants when he or she is of the opinion that they ought to have joined in their defence, such costs to be apportioned among them as the taxing officer shall deem fit. - 44
Contentious matters and taxation of costs - Where party entitled to costs fails or refuses to tax
AI-assisted research summary: If a party entitled to costs refuses or neglects to file or procure taxation of a bill of costs and thus prejudices another party, the taxing officer may certify that refusal or neglect and proceed to tax the other party's costs, or may allow the refusing party a nominal or other sum for costs to prevent prejudice.
Section Where party entitled to costs fails or refuses to tax Section When any party entitled to costs refuses or neglects to file his or her bill of costs for taxation or to procure the bill of costs to be taxed and thereby prejudices any other party, the taxing officer shall be at liberty to certify the refusal or neglect and to proceed to the taxation of the costs of the other party or parties, or he or she may allow the party so refusing or neglecting a nominal sum or other sum for costs, so as to prevent any other party being prejudiced by the refusal or neglect. - 45
Contentious matters and taxation of costs - Taxation of costs upon an award
AI-assisted research summary: Costs may be taxed upon an award in an arbitration even though the time for setting aside the award has not elapsed.
Section Taxation of costs upon an award Section Costs may be taxed upon an award in an arbitration notwithstanding that the time for setting aside the award has not elapsed. - 46
Contentious matters and taxation of costs - Receiver in insolvency to have notice of taxation
AI-assisted research summary: The registrar must give the receiver notice of the appointment to tax any party-and-party bill of costs relating to the insolvency; the advocate or party lodging the bill must, on application and on payment of the proper fee, furnish the receiver a copy of the bill.
Section Receiver in insolvency to have notice of taxation Section In insolvency matters the registrar shall give to the receiver the usual notice of the appointment to tax any bill of costs of party and party relating to the insolvency, and the advocate or party lodging the bill shall, on application, furnish the receiver with a copy of the bill of costs on payment of the proper fee which payment may be charged to the estate. - 47
Contentious matters and taxation of costs - Manner of preparing bill for taxation
AI-assisted research summary: Bills of costs for taxation must be prepared in five columns with specific headings; disbursements shown separately at the foot of the bill; and fees for attending taxation placed at the end with the amount left blank for completion by the taxing officer.
Section Manner of preparing bill for taxation Section Bills of costs for taxation shall be prepared in five columns in the following manner— the first column shall be for the numbers of the items; the second column shall be for the date on which the service charged for was rendered; the third column shall indicate the particulars of the service charged, categorized under separate sub headings such as instruction fees, drawing documents, attendances, Value Added Tax where applicable, and disbursements; the fourth column shall indicate the professional fees claimed; and the fifth column shall have the deductions by the taxing officer. Disbursements shall be shown separately at the foot of the bill. Fees for attending taxation shall not be included in the body of the bill, but the item shall appear at the end, and the amount left blank for completion by the taxing officer. - 48
Contentious matters and taxation of costs - Filing bills for taxation
AI-assisted research summary: Every bill of costs for taxation must be lodged with the registrar, endorsed with the names and addresses of the relevant advocates or persons entitled to receive notice, and accompanied by a copy for each such name.
Section Filing bills for taxation Section Every bill of costs for taxation shall be lodged with the registrar and shall be endorsed with the name and address of the advocate by whom it is lodged, and also the name and address of the advocate (if any) for whom he or she is agent, and the name and address of any advocate or other person entitled to receive notice of the taxation. Every such bill shall be accompanied by one carbon or other true copy of the bill for each name endorsed on it of any advocate or other person entitled to receive the notice. - 49
Contentious matters and taxation of costs - Bills not to be altered after being lodged
AI-assisted research summary: A party who has submitted a bill of costs must not add to or alter the bill after it has been lodged for taxation, except with the parties' consent or by permission or direction of the court or taxing officer.
Section Bills not to be altered after being lodged Section No addition or alteration shall be made in a bill of costs by the party submitting the bill of costs after the bill has been lodged for taxation, except by consent of the parties or by permission or direction of the court or taxing officer. - 50
Contentious matters and taxation of costs - Notice of taxation where defendant has not appeared
AI-assisted research summary: A defendant who has not appeared in person or by advocate does not need to be given notice of the taxation of costs.
Section Notice of taxation where defendant has not appeared Section It shall not be necessary for notice of taxation of costs to be given to a defendant against whom the costs are being taxed in any case in which the defendant has not appeared in person or by advocate. - 51
Contentious matters and taxation of costs - Vouchers to be produced on taxation
AI-assisted research summary: Receipts or vouchers for disbursements charged in a bill of costs must be produced at taxation if the taxing officer requires them.
Section Vouchers to be produced on taxation Section Receipts or vouchers for all disbursements charged in a bill of costs (other than witness allowances and expenses supported by a statement signed by an advocate) shall be produced at taxation if required by the taxing officer. - 52
Contentious matters and taxation of costs - Number of folios on documents charged by the folio
AI-assisted research summary: Advocates may certify the length of certain documents in writing; if that certificate is found erroneous the taxing officer has power to disallow the cost (or part of it).
Section Number of folios on documents charged by the folio Section All drafts and other documents or copies of them, the preparation of which is charged for, shall be produced at taxation if required by the taxing officer, and those charged for by the folio shall have the folios of the documents or copies consecutively numbered in their margin, and the number of the folios shall be endorsed on them in figures. The length of all documents not vouched for by production of the original copies of the documents or other evidence satisfactory to the taxing officer may be certified by the advocate in writing, and if the certificate is found by the taxing officer to be erroneous, the taxing officer may disallow the cost of the document so erroneously certified or any part of it. - 53
Contentious matters and taxation of costs - Certificate of taxing officer on bills taxed under a special order of the court
AI-assisted research summary: When a bill of costs is taxed under a special order and the order shows the costs are payable otherwise than from the estate of an insolvent, minor, lunatic or deceased person, the taxing officer must record in the certificate of taxation who is to pay or the manner of payment.
Section Certificate of taxing officer on bills taxed under a special order of the court Section When a bill of costs is taxed under any special order of the court, and it appears by the order that the costs are to be paid otherwise than out of the estate of an insolvent, minor, lunatic or deceased person, the taxing officer shall note in his or her certificate of taxation by whom or the manner in which the costs are to be paid. - 54
Contentious matters and taxation of costs - Taxing officer may proceed ex parte, etc.
AI-assisted research summary: The taxing officer has the power to proceed to taxation ex parte, limit or extend time for proceedings, and adjourn taxation hearings for proper cause.
Section Taxing officer may proceed ex parte, etc. Section The taxing officer shall have power to proceed to taxation ex parte in default of the appearance of either or both parties or their advocates, and to limit or extend the time for any proceedings before him or her, and for proper cause to adjourn the hearing of any taxation from time to time. - 55
Contentious matters and taxation of costs - Instructions to include attendance on deponent
AI-assisted research summary: Allowances for instructions and drawing an affidavit in answer to interrogatories and other special affidavits include all attendances on the deponent to settle and read over.
Section Instructions to include attendance on deponent Section The allowances for instructions and drawing an affidavit in answer to interrogatories and other special affidavits shall include all attendances on the deponent to settle and read over. - 56
Contentious matters and taxation of costs - Where more than one-sixth taxed off
AI-assisted research summary: If more than one-sixth of a bill of costs (excluding court fees) is disallowed on taxation, the taxing officer may disallow the costs of the taxation; the taxing officer's decision is final.
Section Where more than one-sixth taxed off Section If more than one-sixth of the total amount of a bill of costs, exclusive of court fees, is disallowed on taxation, the party presenting the bill for taxation may, in the discretion of the taxing officer, be disallowed the costs of the taxation. The decision of the taxing officer under this regulation shall be final. - 57
Contentious matters and taxation of costs - Advocate entitled to charge client according to the Sixth Schedule
AI-assisted research summary: An advocate is entitled to charge their client the fees prescribed by the Sixth Schedule in causes and matters before the High Court and magistrates courts.
Section Advocate entitled to charge client according to the Sixth Schedule Section In all causes and matters in the High Court and magistrates courts, an advocate shall be entitled to charge as against his or her client the fees prescribed by the Sixth Schedule to these Regulations.
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Advocates (Remuneration & Taxation of Costs) Regulations
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