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Statutory Rules of Northern Ireland
SUPREME COURT
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:—
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.
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
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 |
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 |
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 |
(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.