If a garnishee order is not listed in Schedule 1 of the Legal Profession Uniform Law Application Regulation 2015 then a client can't recover those costs, is that right?
Thank you for the question.
Yes that is correct. Legal costs are not recoverable for garnishee orders.
The Law Society Costs Guide provides at paragraph 7.6:
The prescribed enforcement costs do not cover the field of likely recovery procedures. In Schedule 1 of the LPULAR, there is no allowance for costs a court may award a party in obtaining a garnishee order. The practical effect of the omission of this allowance is that a party seeking a garnishee order is not awarded costs as part of that enforcement process.
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