Supreme Court Fees (Amendment) Order (Northern Ireland) 1997

Link to law: http://www.legislation.gov.uk/nisr/1997/175/made/data.htm?wrap=true
Published: 1997-03-19

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
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