Statutory Rules of Northern Ireland
1997 No. 175
SUPREME COURT
Supreme Court Fees (Amendment) Order (Northern Ireland) 1997
Made
19th March 1997
Coming into operation
1st April 1997
The Lord Chancellor, in exercise of the powers conferred on him by section 116(1) of the Judicature (Northern Ireland) Act 1978(1), after consultation with the Lord Chief Justice and with the concurrence of the Treasury, hereby makes the following Order:—
Citation and commencement
1. This Order may be cited as the Supreme Court Fees (Amendment) Order (Northern Ireland) 1997 and shall come into operation on 1st April 1997.
Fees to be taken in proceedings in the Supreme Court
2. For Sections 1, 2 and 4 of the Schedule to the Supreme Court Fees Order (Northern Ireland) 1996(2) there shall be substituted the new Sections 1, 2 and 4 set out in the Schedule to this Order.
Mackay of Clashfern, C.
Dated 19th March 1997
We concur,
Richard Ottaway
Roger Knapman
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 19th March 1997
Article 2
SCHEDULE
SECTION 1Fees payable in every Department of the Supreme Court
Column 1
Column 2
Column 3
Item
Fee £
Document to be endorsed
A. COMMENCEMENT OF A CAUSE OR MATTER
1. On sealing—
(a)a Writ of Summons, or
150·00
The filed copy
(b)an originating summons, except for the payment out of court of a sum not exceeding £1,500 or where a fee under section 6 is payable and where no other fee is specifically provided, or,
150·00
The filed copy
(c)a writ of summons or an originating summons under Order 88, or
130·00
The filed copy
(d)an originating notice of motion, except a notice of appeal to the High Court, or
150·00
The filed copy
(e)a petition, except where a fee under section 4 or 6 of this Schedule is payable
150·00
The filed copy
2. On sealing an originating summons—
(a)on approval of a minor settlement
35·00
The filed copy
(b)under section 31 or 32(1) of the Administration of Justice Act 1970 for discovery before commencement of proceedings
30·00
The filed copy
3. On an application for leave to apply for judicial review under Order 53. Provided that where the applicant obtains leave to move, credit for this fee is to be given against the fee payable in item 1.
40·00
The application
B. PROGRESS OF PROCEEDINGS
Interlocutory applications
4. On sealing a summons, a notice of appointment, or notice of motion
40·00
The notice or summons
5.—(a) On an ex parte application to a Judge for an injunction
45·00
Ex parte docket or summons or affidavit in support of the application
(b)On an application to a Master for payment out of monies invested on behalf of a minor
10·00
The application
(c)On an ex parte application before a Master
20·00
The ex parte docket
Entering and setting down for trial in court
6. On entering or setting down any cause or matter for trial, hearing or further consideration in court, except where it is otherwise provided for in this Schedule
80·00
The setting down docket
7. On setting down a cause on motion for judgment
40·00
The motion or summons
Examination of witness before trial
8. On the examination of a witness before trial
15·00
The order
Inquiries, trials and assessment of damages or interest by Master
9.—(a) On an inquiry, reference for trial or assessment of damages before a Master or Admiralty Registrar
35·00
The order, judgment or certificate
(b)On an assessment of interest
10·00 before a Master
The judgment
Appeals to Judge in Chambers
10. On sealing a notice of appeal from a Master or Admiralty Registrar or District Judge to Judge in Chambers Appeals to High Court
50·00
The notice filed
11. On filing—
(a)a notice of appeal to the High Court, or
45·00
The notice filed
(b)a case stated or a special case for the opinion of the High Court pursuant to statute and setting the appeal or case down for hearing, or
40·00
The case
(c)a notice of cross-appeal to the High Court, or
30·00
The notice filed
(d)a respondent’s notice of appeal to the High Court
30·00
The notice
C. ENFORCEMENT OF JUDGMENTS
Application in aid of enforcement
12. On an application for an attachment of earnings order to secure maintenance payments
10·00
The affidavit in support of the application
Registration of Foreign and Commonwealth Judgments
13.—(a) Under Part II of the Administration of Justice Act 1920 or the Foreign Judgments (Reciprocal Enforcement) Act 1933—
(i)on an ex parte application to register an incoming judgment or order
25·00
The affidavit in support of the application
(ii)on providing a certified copy of a judgment or order for use abroad
25·00
The affidavit in support of the application
(b)Under the Maintenance Orders Act 1950 or the Maintenance and Affiliation Orders Act (Northern Ireland) 1966—
(i)on an ex parte application to register an outgoing order
5·00
The affidavit in support of the application
(ii)on processing an incoming registration
5·00
The affidavit or order
(c)Under the Maintenance Orders
(Facilities for Enforcement) Act 1920—
(i)on an ex parte application to register an outgoing order
25·00
The affidavit in support of the application
(ii)on processing an incoming registration
25·00
The affidavit or order
(d)Under the Maintenance Orders (Reciprocal Enforcement) Act 1972—
on an ex parte application to register an outgoing order
25·00
The affidavit or statement in support of the application
Enforcement of Arbitration Award
14. On an application for leave to enforce an arbitration award
25·00
The application
D. MISCELLANEOUS PROCEEDINGS OR MATTERS
Copy Documents
15. For a photographic copy of or part of any document, whether or not issued as an office copy, for each photographic sheet
1·00
The requisition
16. For any other copy document per page, whether or not issued as an office copy
1·00
The requisition
17. For examining a plain copy and marking the same as an office copy — for each sheet
2·00
The requisition
18. For a certified copy of a written judgment
7·00
The requisition
19. For any other stencilled copy and marking the same as an office copy, first copy per page
1·00
The requisition
Bills of Sale
20. On filing—
(a)any document under the Bills of Sale (Ireland) Acts, 1879 and 1883, other than a fiat of satisfaction
15·00
The document filed
(b)fiat of satisfaction
15·00
The application
21.—(a) result of a search in one name in any register or index under the custody of the Registrar of Bills of Sale
For an official certificate of the search
10·00
The requisition for
for every additional name if included in the same certificate
5·00
The requisition for search
(b)for a continuation of search if made within one calendar month of date of official certificate (the result to be endorsed on each certificate)
5·00
The requisition for search
Taking affidavits
22.—(a) On taking an affidavit or an affirmation or a declaration
5·00
The affidavit, affirmation or declaration
(b)In addition thereto for each exhibit referred to and required to be marked
2·00
The affidavit, affirmation or declaration
Searches
23. On a search of court documents, except where item 21 or 33 applies
5·00
The requisition
Writs of Subpoena
24. On sealing a writ of subpoena per person
5·00
The requisition
SECTION 2Fees payable in the Central Office
Column 1
Column 2
Column 3
Item
Fee £
Document to be endorsed
Admiralty
25.—(a) On lodging with the Marshal an instrument under Order 75, rule 5(1)
80·00
The praecipe
(b)On the sale of a ship or goods—
(i)for every £100 or fraction of £100 of the price up to £100,000
2·00
(Paid by Transfer)
(ii)for every £100 or fraction of £100 of the price exceeding £100,000
1·00
(Paid by Transfer)
(c)On entering a reference for hearing by the Registrar
40·00
The notice for hearing
(d)On retaining possession of a ship with or without cargo, or of a ship’s cargo without a ship, per day
6·00
(Paid by Transfer)
Court of Appeal
26.—(a) On filing a notice of appeal or case stated
150·00
The notice of appeal or requisition
(b)On filing a notice of cross-appeal
40·00 or a respondent’s notice under Order 59, rule 6(1)
The notice
SECTION 4Fees payable in the Bankruptcy and Companies Office
Column 1
Column 2
Column 3
Item
Fee £
Document to be endorsed
UNDER THE COMPANIES (NORTHERN IRELAND) ORDER 1986 OR THE INSOLVENCY (NORTHERN IRELAND) ORDER 1989
29.—(a) On sealing a petition for the winding up of a company by the court or for an order under Article 452 or 453 of the Companies (Northern Ireland) Order 1986
70·00
The petition
(b)On sealing a bankruptcy petition:
(i)if presented by a debtor or by the personal representative of a deceased debtor
50·00
The petition
(ii)if presented by a creditor or other person
90·00
The petition
(c)On sealing any other petition (one fee only is payable where more than one petition is presented in relation to a partnership)
70·00
The petition
(d)On the hearing of a public examination
30·00
The application
30.—(a) On sealing any originating application
70·00
The application
(b)On sealing any other application
35·00
The application
The fees in Items 30(a) and (b) are not payable on an application to set aside a statutory demand or an application by the Official Receiver when applying only in that capacity
UNDER THE BANKRUPTCY ACTS (NORTHERN IRELAND) 1857 TO 1980
31. On a notice of a sitting of the court or an application to the court except by the Official Receiver when applying otherwise than as receiver of the property of a bankrupt, deceased insolvent or arranging debtor
30·00
The notice, summons, affidavit or report
32. On a bond
10·00
The bond
MISCELLANEOUS
33. On any search in the office (including an inspection) other than by a bankrupt, director proposing a company an individual voluntary arrangement, or the Official Receiver when acting as such
5·00
The search docket
Explanatory Note
(This note is not part of the Order.)
This Order amends the Supreme Court Fees Order (Northern Ireland) 1996 so as to increase a number of fees payable in the Supreme Court.
(1)
1978 c. 23
(2)
S.R. 1996 No. 100
