Case study 4 - commercial law - contract - Northern Ireland

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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.


Costs of proceedings


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 Link opens in new windowNorthern 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 Link opens in new windowNorthern 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 Link opens in new windowNorthern 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


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Last update: 26/06/2019