The Supreme Court Fees (Amendment) Order (Northern Ireland) 1998

Link to law: http://www.legislation.gov.uk/nisr/1998/406/made/data.htm?wrap=true
Published: 1998-11-18

Statutory Rules of Northern Ireland
1998 No. 406

SUPREME COURT
The Supreme Court Fees (Amendment) Order (Northern Ireland) 1998

Made
18th November 1998

Coming into operation
1st December 1998

The Lord Chancellor, in exercise of the powers conferred on him by section 116(1) and (4) 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) 1998 and shall come into operation on 1st December 1998.

Fees to be taken in proceedings in the Supreme Court

2.  For the Schedule to the Supreme Court Fees Order (Northern Ireland) 1996(2) there shall be substituted the new Schedule set out in the Schedule to this Order.

Revocation of obsolete Orders relating to fees

3.  The following Orders (which relate to the taking of fees in the Supreme Court) are hereby revoked, namely—

(a)the Order dated 29 December 1877(3);

(b)the Order dated 23 May 1882(4);

(c)the Order dated 22 January 1889(5);

(d)the Order dated 6 April 1893(6).

Irvine of Lairg, C.
Dated 12th November 1998

We concur

Jim Dowd
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 18th November 1998

Article 2
SCHEDULE

Article 4
SCHEDULE

Section 1
Fees payable in every Department of the Supreme Court

Section 2
Fees payable in the Central Office

Section 3
Fees Payable in the Office of the Lord Chief Justice

Section 4
Fees payable in the Bankruptcy and Companies Office

Section 5
Fees payable in the Taxing Office

Section 6
Fees payable in the Office of Care and Protection

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

155.00
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

155.00
The filed copy

(c)a writ of summons or an originating summons under Order 88, or

135.00
The filed copy

(d)an originating notice of motion, except a notice of appeal to the High Court, or

155.00
The filed copy

(e)a petition, except where a fee under section 4 or 6 of this Schedule is payable

155.00
The filed copy

2.  On sealing an originating summons—

(a)on approval of a minor settlement

40.00
The filed copy

(b)under section 31 or 32(1) of the Administration of Justice Act 1970 for discovery before commencement of proceedings.

35.00
The filed copy

3.  On an application for leave to apply for judicial review under Order 53. Provided that where under the applicant obtains leave to move, credit for this fee is to be given against the fee payable in item 1.

45.00
The application

B. PROGRESS OF PROCEEDINGS

Interlocutory applications

4.  On sealing a summons, a notice of appointment, or notice of motion

45.00
The notice or summons

5.—(a) On an ex parte application to a Judge for an injunction

50.00

Ex parte docket or summons or affidavit in support of the application

(b)On an ex parte application to a Judge for approval of a minor settlement

50.00

The ex parte docket

(c)On an application to a Master for payment out of monies invested on behalf of a minor

10.00
The application

(d)On an ex parte application before a Master

45.00

The ex parte docket

Entering and setting down for a 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

85.00
The setting down docket

7.—(a) On setting down a cause on motion for judgment

45.00
The motion or summons

(b)Where the motion is treated as the trial of the action, in addition to the fee paid on the notice of motion

40.00
The praecipe

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

40.00
The order, judgment or certificate

(b)On an assessment of interest before a Master

45.00
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

50.00
The notice filed

Appeals to High Court

11.  On filing—

(a)a notice of appeal to the High Court, or

50.00
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

50.00
The case

(c)a notice of cross-appeal to the High Court, or

50.00
The notice filed

(d)a respondent’s notice of appeal to the High Court

50.00
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) For an official certificate of the result of a search in one name in any register or index under the custody of the Registrar of Bills of Sale

10.00
The requisition for search

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

6.00
The requisition

SECTION 2Fees payable in the Central Office

Column 1
Column 2
Column 3

Item
Fee £
Document to be endorsed

Review of Taxing Master’s Decision

25.  On an application to a Judge to review the Taxing Master’s decision.

45.00
The summons

Admiralty

26.—(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

27.—(a) On filing a notice of appeal or case stated

160.00
The notice of appeal or requisition

(b)On filing a notice of cross-appeal or a respondent’s notice under Order 59, rule 6(1)

80.00
The notice

Transcript of Trial

28.  A transcript of the shorthand or stenographic notes or of a recording taken by mechanical means of the whole or any part of any proceedings in respect of which—

(a)an appeal lies to the Court of Appeal, for each page

1.00
The requisition

(b)leave has been given by a Judge,—

(i)in a criminal trial for each folio

0.78
The requisition

(ii)in a civil trial for each folio

0.68
The requisition

(iii)for each page of a second or subsequent transcript

1.00
The requisition

SECTION 3Fees payable in the Office of the Lord Chief Justice

Column 1
Column 2
Column 3

Item
Fee £
Document to be endorsed

29.  On presenting a memorial for appointment as commissioner for oaths or notary public

20.00
The memorial

30.  For every certificate of such appointment

8.00
The certificate

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

31.—(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

75.00
The petition

(b)On sealing a bankruptcy petition:

(i)if presented by a debtor or by the personal representative of a deceased debtor

55.00
The petition

(ii)if presented by a creditor or other person

95.00
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)

75.00
The petition

(d)On the hearing of a public examination

35.00
The application

32.—(a On sealing any originating application

75.00
The application

(b)On sealing any other application

40.00
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

33.  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.

35.00
The notice, summons, affidavit or report

34.  On a bond

10.00
The bond

MISCELLANEOUS

35.  On any search in the office (including an inspection) other than by a bankrupt, director proposing a company voluntary arrangement, a debtor proposing an individual voluntary arrangement, or the Official Receiver when acting as such

5.00
The search docket

SECTION 5Fees payable in the Taxing Office

Column 1
Column 2
Column 3

Item
Fee £
Document to be endorsed

36.  On an application for taxation under the Solicitors (Northern Ireland) Order 1976

30.00
The requisition

37.—(a) On taking a cash account between solicitor and own client under the Solicitors (Northern Ireland) Order 1976—

0.30
The account

for every £50 or fraction of £50 of the amounts found to have been received and paid

(b)On the taxation of a bill of costs—

(i)where the amount allowed does not exceed £500

55.00
The bill

(ii)where the amount exceeds £500 for every £1 or fraction of £1 of the amount allowed

0.15
The bill

Provided that the Master may in any case require the bill of costs to be stamped before taxation with the whole or part of the amount of fees which would be payable if the bill were allowed by him at the full amount thereof (including in cases under the Solicitors (Northern Ireland) Order 1976, the fee payable in respect of the cash account)

(c)
On the withdrawal of a bill of costs which has been lodged for taxation

Such fee (not exceeding the amount which would have been payable under paragraph (b) if the bill had been allowed in full) as shall appear to the Master to be reasonable having regard to the amount of work done in the Office

(d)On assessing costs in the Chancery Division for every £1 or fraction of £1 of the sum assessed

0.10
The bill

(e)On an application to the Taxing Master to review his decision

30.00
The written objection

SECTION 6Fees payable in the Office of Care and Protection

Column 1
Column 2
Column 3

Item
Fee £
Document to be endorsed

WARDSHIP, ADOPTION AND PARENTAL ORDERS

38.  On an application by way of petition or originating summons for wardship, adoption or a parental order under section 30 of the Human Fertilisation and Embryology Act 1990

70.00
The filed copy

FAMILY LAW ACT

39.  On an application under section 27 of the Family Law Act 1986 for the registration of a custody order

20.00
The filed copy of the order

ENDURING POWERS OF ATTORNEY

40.  On an application for registration of an enduring power of attorney

90.00
The filed copy

41.  On an application made pursuant to a direction of the Court under rule 4 of Order 109A

90.00
The filed copy

42.  On an application for a search of the register of enduring powers of attorney

5.00
The requisition

PATIENT'S AFFAIRS

Commencement Fee

43.—(1) On a first application for the appointment of a controller or other originating process, except where it appears that the patient’s clear annual income is less than £1000

100.00
The requisition

(2) On commencement pursuant to a request by a personal applicant, in addition to Fee (1) above, for every £100 or fraction of £100 above £1,000 of the income which the patient’s estate might be expected to yield if duly administered by the court

5.00 but not exceeding a total of £90.00

Annual administrative fee

44.  On a certificate issued by the Office

In accordance with Table 1
The requisition

Transaction fee

45.—(1) On any order (or, as the case may be, on any approval given by the court under an order) made by the court in the exercise of powers conferred by—

(i)Article 99(1)—

(b)sale, exchange, etc of property

(c)(acquisition of property)

(d)(settlement of a gift of property)

(h)(carrying out of contract) or

(k)(exercise of powers as guardian or trustee)—

of the Mental Health (Northern Ireland) Order 1986 (“the Order”)

(ii)Article 102 of the Order (vesting of stock in curator appointed outside Northern Ireland)

(iii)Section 35(9) of the Trustee Act (Northern Ireland) 1958 (appointment of a new trustee);

80.00 or, in a “special case”¼% of the pecuniary consideration as defined in Note 4 if greater than 80.00
The requisition

(iv)Section 57(3) of the Trustee Act (Northern Ireland) 1958 (variation of trusts for benefit of patient), provided that no fee under this item shall be taken if the property is worth less than £50 and no such fee shall exceed £500

(2) On the making by the court of any order or authority under Article 99(1)(e) of the Order (execution of will)

170.00
The requisition

Control fees

46.  On the appointment of an officer of the court including the Official Solicitor, as controller, except where it appears that the patient’s clear annual income is less than £1000

250.00
The requisition

47.  On passing an account where an officer of the court other than Official Solicitor is appointed

In accordance with Table 2

TABLE 1 (Fee No. 44)

Clear Annual Income

Income Band
Exceeding
Not Exceeding
Fee

(i)

£ 1,000
None

(ii)
£ 1,000
£ 2,000
£ 80

(iii)
£ 2,000
£ 3,000
£155

(iv)
£ 3,000
£ 5,000
£230

(v)
£ 5,000
£ 7,000
£385

(vi)
£ 7,000
£10,000
£620

(vii)
£10,000
£15,000
£875

(viii)
£15,000

£875
plus 5% of income exceeding £15,000

TABLE 2 (Fee No. 47

Clear Annual Income

Income Band
Exceeding
Not Exceeding
Fee

(i)

£ 1,000
None

(ii)
£ 1,000
£ 2,000
£ 200

(iii)
£ 2,000
£ 3,000
£ 400

(iv)
£ 3,000
£ 5,000
£ 600

(v)
£ 5,000
£ 7,000
£1,000

(vi)
£ 7,000
£10,000
£1,475

(vii)
£10,000
£15,000
£2,100

(viii)
£15,000

£2,100
plus 5% of income exceeding £15,000

NOTES:

1.  In relation to fees number 44 and 47, and their corresponding Tables, where income exceeds the lower limit of a band by less than the difference between the fees for that band and the next lower band, the fee charged shall be the fee for the lower band plus the amount by which the income exceeds the upper limit of the band. For example, in calculating fee number 44 on a clear annual income of (£2,050) which exceeds the lower limit (£2,000) on Band (iii) by less than the difference (£75) between the fee (£150) on Band (iii) and the fee (£75) on Band (ii), the fee payable is—

£ 75
(the fee on Band (ii))

+£ 50
(the amount by which the income exceeds £2,000)

£125

2.  In relation to fee number 44—

(1) The annual administration fee shall be payable in respect of the clear annual income at the disposal of the patient from the date of issue of the first application for the appointment of a controller or other originating process until the termination of the proceedings.

(2) In any case in which it appears to the court that the amount certified has been wrongly assessed, the court may direct that the fee is to be adjusted upon the passing of the controller’s accounts or at such other time as appears to the court to be convenient.

(3) No administration fee may be taken where the proceedings are terminated before any order is made.

(4) The clear annual income at the patient’s disposal, for the purposes of this fee does not include income which accrued and became payable to him more than six months prior to the date of the first application for the appointment of a controller or other originating process but which was received after that date.

3.  Fees number 44 and 45 are not payable where an officer of the court is acting as controller for the patient.

4.  In relation to fee number 45—

(1) “special case” means an order made by the court—

(a)under paragraph (b), (c), (d) and (h) of Article 99(1) of the Order;

(b)relating to the sale or purchase by the patient in exercise of his powers as a tenant for life under the Settled Lands Acts 1882 to 1890;

(c)under section 57(3) of the Trustee Act (Northern Ireland) 1958.

(2) In a special case, the standard fee payable shall be increased where there is readily ascertainable pecuniary consideration in the nature of capital arising to or provided by the patient (otherwise than by way of loan to, or repayment of a loan by the patient), no account being taken of the possible capitalisation of the value of rents or interest or other income payments.

(3) Where a transaction is to be approved under an order mentioned in fee number 45, the fee shall be taken on the approval of the transaction and the Office shall issue a certificate stating the amount payable.

(4) Except when the court otherwise directs, no fee shall be payable under fee number 45 upon the sale or purchase of personal chattels or any investment for the time being authorised by law for the investment of trust property or in securities quoted in any stock exchange in the United Kingdom.

5.—(1) In relation to fee number 46, the clear annual income at the patient’s disposal for the purpose of this fee does not include income which accrued and became payable to him more than six months prior to the date when the court’s jurisdiction was first exercised in relation to him.

(2) In relation to fee number 47, no annual fee shall be taken where the proceedings are terminated less than four weeks from the date of issue of the first application for the appointment of a controller.

6.  In relation to fees number 43(2), 44, 46 and 47, no fee shall be payable on any income by way of a war pension or war injuries (civilian) pension in respect of—

(a)service in the armed forces of the Crown to which section 2 of the War Pensions Act 1920 applies; or

(b)service in the armed forces of the Crown after 2nd September 1939, or

(c)service before the 15th August 1945 to which the Pension (Polish Forces) Scheme 1964 applies; or

(d)detention, capture, war injury or war risk injury within the meaning of any scheme (other than that mentioned in paragraph (c) above) made under the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939, or under that Act as amended and applied by the Pensions (Mercantile Marine) Act 1942; or

(e)war service injury within the meaning of the Personal Injuries (Civilians) Scheme 1983 as amended in the case of a civil defence volunteer to whom that Scheme applied.

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 to be taken in proceedings in the Supreme Court;

revokes four obsolete Fees Orders in relation to stamps.

(1)
1978 c. 23

(2)
S.R. 1996 No. 100 as amended by S.R. 1997 No. 175

(3)
Revised (1904), 13, “Supreme Court, Ireland”, page 126

(4)
Revised (1904), 13, “Supreme Court, Ireland”, page 128

(5)
Revised (1904), 13, “Supreme Court, Ireland”, page 131

(6)
Revised (1904), 13, “Supreme Court, Ireland”, page 132
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