The Court of Judicature Fees (Amendment) Order (Northern Ireland) 2009

Statutory Rules of Northern Ireland

2009 No. 424

Court Of Judicature

The Court of Judicature Fees (Amendment) Order (Northern Ireland) 2009

Made

15th December 2009

Coming into operation

11th January 2010

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, makes the following Order:—

Citation and commencement

1.  This Order may be cited as the Court of Judicature Fees (Amendment) Order (Northern Ireland) 2009 and shall come into operation on 11th January 2010.

Amendments to the Court of Judicature Fees Order (Northern Ireland) 1996

2.—(1) The Schedule to the Court of Judicature Fees Order (Northern Ireland) 1996(2) is amended as follows.

(2) In column 2 of item 39, after “bill”, insert “(up to a maximum fee of £3,500)”.

(3) In item 40(b)—

(a) in (ii), after “0.15” in column 2, insert “(up to a maximum fee of £10,500)”; and

(b) after “39”, omit “(b)”.

(4) In item 40(c), after “39”, omit “(b)”.

Signed by the authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

Dated 14th December 2009

We concur

Steve McCabe

Tony Cunningham

Two of the Lords Commissioners

of Her Majesty’s Treasury

Dated 15th December 2009

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends Section 5 (Fees Payable in the Taxing Office) of the Court of Judicature Fees Order (Northern Ireland) 1996 [S.R. 1996 No. 100] so as to—

(i) restrict the fee of 5% of the original bill submitted for taxation to a maximum fee of £3,500;

(ii) restrict the fee of £0.15 for every £1 or fraction of £1 on the amount allowed on taxation to a maximum fee of £10,500; and

(iii) correct some minor typographical errors.

The Supreme Court Fees Order (Northern Ireland) 1996 has been renamed the Court of Judicature Fees Order (Northern Ireland) 1996 as a consequence of the renaming of the Supreme Court of Judicature of Northern Ireland by virtue of section 59 and paragraph 6 of Schedule 11 to the Constitutional Reform Act 2005 (c.4).

(1)

1978 c. 23 as amended by the Courts Act 2003 (c. 39).

(2)

S.R. 1996 No. 100; the Supreme Court Fees Order (Northern Ireland) 1996 has been renamed as a consequence of the renaming of the Supreme Court of Judicature of Northern Ireland by virtue of section 59 and paragraph 6 of Schedule 11 to the Constitutional Reform Act 2005 (c.4). The most recent amendments to the Order were made by S.R. 2007 No. 376.