SOLICITORS (GENERAL) COSTS RULES

SOLICITORS (GENERAL) COSTS RULES

SOLICITORS (GENERAL) COSTS RULES

(Cap. 159, section 74)

[1 July 1970.1]

1. These rules may be cited as the Solicitors (General) Costs Rules.

2. These rules apply to all solicitors* non-contentious business
except for any such business which is provided for or regulated by any
other rules made under section 74(3) of the Ordinance.

3. (1) The scales of costs set out in Parts 1, 11 and III of the First
Schedule shall be the costs chargeable in relation to the noncontentious
business to which they are respectively expressed to apply.

(2) If the same non-contentious business is chargeable under more
than one of the scales of costs set out in the First Schedule. the higher
scale of costs shall apply.

(3) The costs specified in the Second Schedule shall be the costs
chargeable in relation to the matters specified in that Schedule.

(4) In the case of any non-contentious business to which the First
or Second Schedule applies which is uncompleted, a solicitor may
charge therefor under rule 5.

(5) In any case to which the First or Second Schedule applies, a
solicitor may, before undertaking any non-contentious business, by
writing under his hand, communicated to the client, elect that his
remuneration shall be in accordance with rule 5, but such remunera-
shall not be charged at a rate less than that chargeable under the scale
applicable to that non-contentious business; but if no such election
shall be made, his remuneration shall be according to the scales set out
in these rules.

(6) The costs set out in the First and Second Schedules are those
chargeable in relation to the work normally associated with the non-
contentious business involved, but do not relate to any additional work
undertaken by a solicitor including negotiations by a solicitor whether
by means of a conference, correspondence or otherwise.

(7) For the purposes of paragraph (6), a dispute as to whether any
work is normally associated with the non-contentious business
involved shall be resolved by the taxing master of the Supreme Court,
who may, before resolving the dispute, consult the Council.

4. The costs for-

(a) copying, attesting and the production of documents;

(b)administering and receiving any oath, affidavit or other
affirmation including the marking of each exhibit referred to in
any oath, affidavit or other affirmation,

shall be those set out in the Third Schedule.





5. In the case of any non-contentious business to which neither
the First or Second Schedule nor any other rules apply or in the event
of a solicitor making an election under rule 3(5), costs shall be such sum
as may be fair and reasonable, having regard to all the circumstances of
the case and, in particular, to

(a)the complexity of the matter or the difficulty or novelty of the
questions raised;

(b)the skill, labour, specialized knowledge and responsibility
involved on the part of the solicitor;

(e)the number and importance of the documents prepared or
perused without regard to length,

(d)the place where and circumstances in which the business or
any part thereof is transacted;

(e) the time expended by the solicitor.

where money or property is involved, its amount or value;
and

(g) the importance of the matter to the client.

FIRST SCHEDULE [rule 3.1

PART 1

SCALE OF COSTS APPLICABLE TO BUSINESS TO TO WHICH THIS PART
APPLIES

Consideration Charge

Not
Exceeding Exceeding
S S S

100.000 .......................
..........................1.800

100.000 150,000 ...........................................................
2.450
150.000 200,000 ....................
3.100
200.000 250.000 ....................
3.750

250.000 500.000 For the first $250.000 .......................
3,750

thereafter per $10,000 or part thereof
100
500.000 1.000.000 For the first $500.000
6.250
thereafter per $10,000 or part thereof
75

1,000,000 5,000,000 For the first S 1.000,000 ............
10,000

thereafter per $10,000 or part thereof so
5.000,000 50.000.000 For the first $5,000,000 30.000
thereafter per $10,000 or part thereof 25
50.000.000 100.000.000 For the first $50,000,000 142.500






thereafter per $ or part thereof .....12.50
100.000.000 For the first S) 00,0K000 205.000
thereafter discretionary

1 Save as provided in paragraph 5. the scale of costs set out in this Part shall
apply to the following non-contentious business. namely

(a)assignments (including deeds of exchange) of leasehold property or
interests therein:





(h)mortgages and agreements for mortgage of leasehold property or interests
therein;

(c)debentures and agreements for debenture of any kind incorporating a
charge on leasehold property or interests therein; and

(d)further charges incorporating leasehold property or interests therein to
the extent of the additional amount secured.

2.(a) In all deeds of exchange of leasehold property the costs shall be based
on the value of whichever property or set of properties exchanged has the
higher value, as assessed by the Collector of Stamp Revenue. provided
that. where properties or sets of properties exchanged are assessed as of
equal value, then the costs shall be based on the value of either property or
set of properties as so assessed.

(b)For the purpose of ascertaining the costs payable on assignments by a
liquidator distributing in specie leasehold property or interests therein to a
shareholder, the value, as assessed by the Collector of Stamp Revenue. of
the leasehold property or interests therein assigned shall be taken as the
consideration for the assignment.

(c)For the purpose of ascertaining the costs payable on mortgages and
agreements for mortgage of leasehold property or interests therein for an
unspecified amount. the maximum amount to b~ advanced as advised by
the mortgagee on or before the execution of the mortgage or agreement
for mortgage shall be taken as the consideration therefir,

3. In all mortgages, agreements for mortgage. debentures, or agreements for
debenture, by way of collateral security incorporating leasehold property or
interests therein. the costs shall be

(a)where the consideration stated in the principal security exceeds
5100.000.00, one half of the costs set out in this Part on the
consideration so stated but nothing in this sub-paragraph shall be construed
as to require a solicitor to charge more than S3,000.00; and

(b)where the consideration stated in the principal security does not exceed
S100.000.00, a discretionary amount not exceeding S900.00.

4. (a) In the case of replacement securities the costs shall be-

(i) where the consideration stated in the original security exceeds 5
100,000.00, one half of the costs set out in this Part on the consideration
so stated but nothing in this sub-paragraph shall be construed as to require
a solicitor to charge more than S3,000.00; and

(ii) where the consideration stated in the original security does not
exceed 5100.000.00, a discretionary amount not exceeding 5900.00.

(b)'Replacement securities' means mortgages prepared by solicitors solely to
meet the requirements of the Land Office consequent upon the grant of a
new Crown lease or conditions of exchange, renewal or regrant where
immediately prior to such grant owners of leasehold properties have to
clear all encumbrances.

5. The scale of costs in this Part shall not apply to the following
noncontentious business, which shall be chargeable under rule 5

(a)a legal mortgage or debenture incorporating leasehold property or
interests therein, executed pursuant to an agreement for a mortgage or
debenture already charged for under this Part;

(b)the approval of the form of a second or subsequent mortgage or debenture
incorporating leasehold property or interests therein on behalf of a






mortgagee or debenture holder having priority;

(c)all deeds or agreements for an extension of time for repayment of a
mortgage or debenture unless such extension is contained in or is
incidental to a further charge;

(d) all deeds and assignments by way of gift;





(e)all assents and assignments by personal representatives or by trustees for
which there is no consideration; and

all settlements and deeds of family arrangement.

6. For the approval only of documents in any non-contentious business
referred to in any of paragraphs 1 to 4 the costs shall be one half of the costs set
out in this Part or where the relevant consideration does not exceed SIOO,000.00,
a discretionary amount not exceeding S900.00.

7. In all assignments. mortgages, agreements for mortgage. debentures,
agreements for debenture and further charges incorporating Letter -A- or Letter -B-
land exchange entitlements, the costs shall be 80% of the costs set out in this Part.

PART II

SCALE OF COSTS APPLICABLE TO BUSINESS TO WHICH THIS PART
APPLIES

Consideration Charge

Not
Exceeding Exceeding
S 5
100,000 ...........................1 800
100,000 150.000 ................2.450
150.000 200.000 ................3.100
200.000 250.000 ................3.750
250.000 500,000 For the first $250,000 3,750
thereafter per SI 0.000 or pari thereof 75

500,000 1,000.000 For the first $500.000 ---5,625
thereafter per SI 0.000 or part thereof 50
1.000,000 5,000.000 For the first 51.000.000 8.125
thereafter per S10.000 or part thereof 25
5.000.000 5M00,000 For the first S5.000.000 18.125
thereafter per S10.000 or part thereof 12.50
50,00U00 100.000.000 For the first S50.000.000 74.375
thereafter per S10.000 or part thereof 7.50
100,000,000 For the first SI 00,000.000 111.875
thereafter discretionary

1. Save as provided in paragraph 3, the scale of costs set out in this Part shall
apply to the following tion-contentious business

(a)debentures and agreements for debenture. of any kind not incorporating a
charge on leasehold property or interests therein:

(h) bills of sale by way, of security for the payment of money; and

(c)further charges not incorporating leasehold property or interests therein to
the extent of the additional amount secured.

2. In all debentures, and agreements for debenture. by Way of collateral

security not incorporating leasehold property or interests therein the costs shall be-

(a)where the consideration stated in the principal security exceeds
$100,000.00 one half of the costs set out in this Part on the consideration
so stated; and

(b)where the consideration stated in the principal security does not exceed
$100,000.00 a discretionary amount not exceeding $900.00.





3. The scale of costs set out in this Part shall not apply to the following non-
contentious business. which shall be chargeable under rule 5

(a)a debenture not incorporating leasehold property or interests therein.
executed pursuant to an agreement for a debenture already charged for
under this Part;

(b)the approval of the form of a second or subsequent debenture not
incorporating leasehold property or interests therein on behalf of a
debenture holder having priority,

(c)all deeds or agreements for an extension of time for repayment of a
debenture not incorporating leasehold property or interests therein unless
such extension is contained in or is incidental to a further charge: and

(d) all debentures. mortgages and agreements affecting or relating to vessels.

4. For the approval only of documents in any non-contentious business
referred to in paragraph 1 or 2 the costs shall be one half of the costs set out in
this Part or where the relevant consideration does not exceed S] 00,000.00. a
discretionary sum not exceeding $900.00

PART M

SCALE OF COSTS APPLICABLE TO BUSINESS TO WHICH THIS PART
APPLIES

Charge

1. Where the average annual rental does not exceed
$6,000 S800
2. Where the average annual rental exceeds $6,000
but does not exceed S] 2.000 $1,000
3. Where the average annual rental exceeds 512.000 51.000 arid 1 of the aver-

age annual rental in excess
of S[ 2.000

1 Save as provided in paragraph 5, the scale of costs set out in this Part shall
apply to all leases. agreements for lease and tenancy agreements.

2. Where a premium is payable under a lease. agreement for a lease or a
tenancy agreement, whether in addition to the rent payable or not, a solicitor shall
charge in addition to costs on the scale set out in this Part a further sum, namely

(a)in the case of a permium not exceeding 5100.000.00 a sum of $180.00 per
510,000.00 or part thereof.. and

(b)in the case of a permium exceeding 5 100,000.00 a sum calculated under
Part 1 as if the premium were the consideration for an assignment.

3.(a) In all replacement leases the costs shall be one half of the costs set out
in this Part, provided that a solicitor shall charge not less than $800.00
in any event.

(b)'Replacement leases' means leases, agreements for lease and tenancy
agreements prepared by solicitors solely to meet the requirements of the
Land Office consequent upon the grant of a new Crown lease or conditions
of exchange, renewal or regrant where immediately prior to such grant
owners of leasehold properties have to clear all encumbrances.

4. Where an agreement for sale and purchase, lease, agreement for lease,
tenancy agreement or any renewal thereof is required to be registered in the Land
Office a solicitor shall in addition to the costs herein set out charge an additional
fee of 5300.00 in respect of such registration.







5. The scale of costs in this Part shall not apply to the following
noncontentious business, which shall be chargeable under rule 5

(a) a renewal of a lease or tenancy agreement by endorsement: and

(b) [Deleted, L.N. 343/83.]

(c)a lease executed pursuant to an agreement for lease or tenancy agreement
already charged for by the solicitor concerned in accordance with this
Part.





6. Where the parties to a document in any non-contentious business referred
to in paragraph 1, 2 or 3 are separately represented, the solicitor for each party
shall charge 75% of the costs set out in this Part and the solicitor attending to the
registration of the document in the Land Office shall charge an additional fee of
$300.00 in respect of such registration.

SECOND SCHEDULE [rule 3.1

1 The costs chargeable in relation to agreements for sale and purchase of
leasehold property or any interests therein shall be as follows

Consideration Charge

Not
ExceedingExceeding
5 5 .......................
100,000........................................................................................... 800

100,000 250,000.........................................................................................
1,000
250.000 500,000.........................................................................................
1,250
500,000 1,000.000.......................................................................................
1,500
1,000.0002,000,000......................................................................................
1,750
2.000,0005,000,000......................................................................................
2,000

5.000.00010.000.000................................. ................................................... 2.500

10,000.000 .......................................................................
3.000

2. The costs chargeable in relation to reassignments of property and releases,
including the release of a bill of sale by way of security, shall be as follows

Original consideration Charge
Not
Exceeding Exceeding
5 S 5
100,000 1.100
100.000 250.000 1,300
250.000 500.000 1.600
500.000 1.800
Unlimited consideration 1,800

The above costs include charges for the registration of the documents in the
appropriate Land Office. the Companies Registry and the Supreme Court Registry.

3. The costs chargeable in relation to all deeds of covenant, deeds of mutual
covenant and deeds of mutual covenant and grant as customary in all flatted
developments or developments of town houses or developments of a similar nature
shall be 5750 in respect of each first assignment of any undivided share or shares in
the property:

Provided that

(a)where a building consists of more than 50 units the costs chargeable shall
be as follows

(i) for the first 50 units 5750 for each unit
(ii) for the next 25 units 5650 for each unit

(iii) thereafter .................................................... S500 for each unit.







The average costs chargeable to each unit shall be computed by dividing
the total costs chargeable under this paragraph by the number of units in
the building:

(b)where there is a development of town houses or a similar development. the
costs chargeable shall be as follows

(i) for the first 50 houses or self-contained units 51,500 for each
(ii) for the next 25 houses or self-contained units $1,300 for each
(iii) thereafter ........51.000 for each.





The average costs chargeable to each house or self-contained unit shall be
computed by dividing the total amount of costs chargeable under this
paragraph by the number of houses or self-contained units in the
development.

4. For the approval only of documents in any non-contentious business

referred to in paragraph 1, 2 or 3 the costs chargeable shall be one half of the
charges set out in this Schedule.

THIRD SCHEDULE [rule 4.]

1. Copy of document-

(a) typed copy, other than a carbon copy. or written copy, per folio. S 2.50
(b) printed, stencilled or carbon copy, per folio. S 1.50
(c) photographic copy for each sheet of foolseap or smaller page. S 4.00
2. Attestation fee for copies of documents-for each attestation. 5 50.00
3.Production fee for producing deeds, chargeable upon request therefor. 5300.00
4. Fee for administering and receiving any oath. affidavit or affirmation. S 50.00
5. Fee for marking each exhibit referred to in any oath. affidavit or
affirmation. 5 5.00
6. Fee for certifying any power of attorney
(a) for the first page S 50.00
(b) for each subsequent page S 20.00
subject to a maximum fee of 5100.
L.N. 67/70. L.N. 151/74. L.N. 244/75. L.N. 130/77. L.N. 99/80. L.N. 356/80. L.N. 343/83. Citation. Application. Scales of costs in certain non-contentious matters. First Schedule. Second Schedule. L.N. 356/80. L.N. 356/80. L.N. 343/83. L.N. 356/80. Costs for copying, etc. documents. L.N. 130/77. L.N. 99/80. Third Schedule. Costs in other non-contentious business. L.N. 343/83. L.N. 356/80. L.N. 343/83. L.N. 343/83. L.N. 151/74. L.N. 343/83. L.N. 356/80. L.N. 343/83. L.N. 151/74. L.N. 343/83. L.N. 151/74. L.N. 343/83. L.N. 343/83. L.N. 343/83. L.N. 343/83. L.N. 356/80. L.N. 343/83. L.N. 343/83. L.N. 356/80. L.N. 343/83. L.N. 343/83. L.N. 356/80. L.N. 343/83. L.N. 343/83. L.N. 130/77. L.N. 99/80. L.N. 343/83.

L.N. 67/70. L.N. 151/74. L.N. 244/75. L.N. 130/77. L.N. 99/80. L.N. 356/80. L.N. 343/83. Citation. Application. Scales of costs in certain non-contentious matters. First Schedule. Second Schedule. L.N. 356/80. L.N. 356/80. L.N. 343/83. L.N. 356/80. Costs for copying, etc. documents. L.N. 130/77. L.N. 99/80. Third Schedule. Costs in other non-contentious business. L.N. 343/83. L.N. 356/80. L.N. 343/83. L.N. 343/83. L.N. 151/74. L.N. 343/83. L.N. 356/80. L.N. 343/83. L.N. 151/74. L.N. 343/83. L.N. 151/74. L.N. 343/83. L.N. 343/83. L.N. 343/83. L.N. 343/83. L.N. 356/80. L.N. 343/83. L.N. 343/83. L.N. 356/80. L.N. 343/83. L.N. 343/83. L.N. 356/80. L.N. 343/83. L.N. 343/83. L.N. 130/77. L.N. 99/80. L.N. 343/83.

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