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Supreme Court Fees Order (Northern Ireland) 1996

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4.  In relation to fee number 43—

(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 Land 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 of other income payments.

(3) Where a transaction is to be approved under an order mentioned in fee number 43, 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 43 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.

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