Statutory Rules of Northern Ireland
2002 No. 341
SUPREME COURT
The Supreme Court Fees (Amendment) Order (Northern Ireland) 2002
Made
5th November 2002
Coming into operation in accordance with Article 1
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, commencement and interpretation
1.—(1) This Order may be cited as the Supreme Court Fees (Amendment) Order (Northern Ireland) 2002 and, subject to paragraph (2), shall come into operation on 2nd December 2002.
(2) Articles 3 and 4 shall come into operation on 3rd March 2003.
2. In this Order “the principal Order” means the Supreme Court Fees Order (Northern Ireland) 1996(2).
Interpretation of the principal Order
3. For Article 2 of the principal Order there shall be substituted the following new Article –
“2. In this Order, unless the context otherwise requires –
(a)an Order or rule referred to by number means an Order or rule so numbered in the Rules of the Supreme Court (Northern Ireland) 1980(3) and expressions defined in those Rules shall have the same meaning in this Order;
(b)a fee or column referred to by number means the fee or column so numbered in the Schedule to this Order;
(c)“credit card” means a card which –
(i)may be used on its own to pay for goods or services or to withdraw cash, and
(ii)enables the holder to make purchases and to draw cash up to a prearranged limit;
(d)“debit card” means a card which may be used as a means of payment under arrangements which do not provide for the extension of credit to the cardholder, but provide for amounts paid by means of the card to be debited to a specified account in his name (or in his name jointly with one or more others); and
(e)“payment instrument” means a cheque or payable order.”.
Manner in which fees are to be taken
4. For paragraph (1) of Article 7 of the principal Order there shall be substituted the following new paragraph –
“(1) Subject to paragraph (4), the fees prescribed in the Schedule shall be taken –
(a)in cash; or
(b)by credit card payment; or
(c)by debit card payment; or
(d)by payment instrument.”.
Fees to be taken in proceedings in the Supreme Court
5. For the Schedule to the principal Order there shall be substituted the new Schedule set out in the Schedule to this Order.
Irvine of Lairg, C.
Dated 29th October 2002
We concur
Jim Fitzpatrick
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 5th November 2002
Article 5
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 | 170·00 | 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 | 170·00 | The filed copy |
(c)a writ of summons or an originating summons under Order 88, or | 150·00 | The filed copy |
(d)an originating notice of motion, except a notice of appeal to the High Court, or | 170·00 | The filed copy |
(e)a petition, except where a fee under section 4 or 6 of this Schedule is payable | 170·00 | The filed copy |
2. On sealing an originating summons – | ||
(a)on approval of a minor settlement | 44·00 | The filed copy |
(b)under section 31 or 32(1) of the Administration of Justice Act 1970 for discovery before commencement of proceedings. | 40·00 | 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. | 50·00 | The application |
| B. PROGRESS OF PROCEEDINGS | ||
| Interlocutory applications | ||
4. On sealing a summons, a notice of appointment, or notice of motion | 50·00 | The notice or summons |
5.—(a) On an ex parte application to a Judge for an injunction | 55·00 | 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 | 55·00 | The ex parte docket |
(c)On an application to a Master for payment out of monies invested on behalf of a minor | 11·00 | The application |
(d)On an ex parte application before a Master | 50·00 | 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 | 95·00 | The setting down docket |
7.—(a) On setting down a cause on motion for judgment | 50·00 | 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 | 44·00 | The praecipe |
| Examination of witness before trial | ||
8. On the examination of a witness before trial | 17·00 | 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 | 44·00 | The order, judgment or certificate |
(b)On an assessment of interest before a Master | 50·00 | 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 | 55·00 | The notice filed |
| Appeals to High Court | ||
11. On filing – | ||
(a)a notice of appeal to the High Court, or | 55·00 | 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 | 55·00 | The case |
(c)a notice of cross-appeal to the High Court, or | 55·00 | The notice filed |
(d)a respondent’s notice of appeal to the High Court | 55·00 | 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 | 11·00 | 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 | 28·00 | The affidavit in support of the application |
(ii)on providing a certified copy of a judgment or order for use abroad | 28·00 | 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 | 5·50 | The affidavit in support of the application |
(ii)on processing an incoming registration | 5·50 | 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 | 28·00 | The affidavit in support of the application |
(ii)on processing an incoming registration | 28·00 | The affidavit or order |
(d)Under the Maintenance Orders (Reciprocal Enforcement) Act 1972 on an ex parte application to register an outgoing order | 28·00 | The affidavit or statement in support of the application. |
| Enforcement of Arbitration Award | ||
14. On an application for leave to enforce an arbitration award | 28·00 | 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 | 8·00 | 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 | 17·00 | The document filed |
(b)fiat of satisfaction | 17·00 | 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 | 11·00 | The requisition for search |
| for every additional name if included included in the same certificate | 5·50 | 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) | 5·50 | The requisition for search |
| Taking affidavits | ||
22.—(a) On taking an affidavit or an affirmation or a declaration | 5·50 | 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 | 5·50 | The requisition |
| Writs of Subpoena | ||
24. On sealing a writ of subpoena per person | 7·00 | The requisition |
| Warrants of arrest | ||
25. On an application for a warrant of arrest under Article 5(3) of the Protection from Harassment (Northern Ireland) Order 1997 | 33·00 | The application |
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 | ||
26. On an application to a Judge to review the Taxing Master’s decision. | 50·00 | The summons |
| Admiralty | ||
27.—(a) On lodging with the Marshal an instrument under Order 75, rule 5(1) | 90·00 | 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 | 44·00 | 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 | 7·00 | (Paid by transfer) |
| Court of Appeal | ||
28.—(a) On filing a notice of appeal or case stated | 175·00 | 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) | 90·00 | The notice |
| Transcript of Trial | ||
29. 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 |
| £ | ||
30. On presenting a memorial for appointment as commissioner for oaths or notary public | 22·00 | The memorial |
31. For every certificate of such appointment | 9·00 | 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 | ||
32.—(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 | 80·00 | The petition |
(b)On sealing a bankruptcy petition: | ||
(i)if presented by a debtor or by the personal representative of a deceased debtor | 60·00 | The petition |
(ii)if presented by a creditor or other person | 105·00 | 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) | 80·00 | The petition |
(d)On the hearing of a public examination | 40·00 | The application |
33.—(a) On sealing any originating application | 80·00 | The application |
(b)On sealing any other application | 44·00 | The application |
| The fees in items 33(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 | ||
34. 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. | 40·00 | The notice, summons, affidavit or report |
35. On a bond | 11·00 | The bond |
| MISCELLANEOUS | ||
36. 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 | 5·50 | The search docket |
SECTION 5fees payable in the taxing office
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Item | Fee | Document to be endorsed |
| £ | ||
37. On an application for taxation under the Solicitors (Northern Ireland) Order 1976 | 33·00 | The application |
38.—(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 | 60·00 | 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 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 | 33·00 | 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 | ||
39. 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 | 77·00 | The filed copy |
| FAMILY LAW ACT | ||
40. On an application under section 27 of the Family Law Act 1986 for the registration of a custody order | 22·00 | The filed copy of the order |
| ENDURING POWERS OF ATTORNEY | ||
41. On an application for registration of an enduring power of attorney | 100·00 | The filed copy |
42. On an application made pursuant to a direction of the Court under rule 4 of Order 109A | 100·00 | The filed copy |
43. On an application for a search of the register of enduring powers of attorney | 5·50 | The requisition |
| PATIENT'S AFFAIRS | ||
| Commencement Fee | ||
44. — (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 £1,000 | 110·00 | 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 administration fee | ||
45. On a certificate issued by the Office | in accordance with Table 1 | The requisition |
| Transaction fee | ||
46. — (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 gift of property) (h)(carrying out of contract) or (k)(exercise of powers as guardian or trustee) –
| ||
(iii)Section 35(9) of the Trustee Act (Northern Ireland) 1958 (appointment of 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) | 190·00 | The requisition |
| Control fees | ||
47. 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 £1,000 | 275·00 | The requisition |
48. 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 | Fee | ||
|---|---|---|---|
| Income Band | Exceeding | Not Exceeding | |
| (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 | Fee | ||
|---|---|---|---|
| Income Band | Exceeding | Not Exceeding | |
| (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 –
(a)increase a number of fees to be taken in proceedings in the Supreme Court; and
(b)allow fees to be taken by a range of payment methods, including credit or debit card.
S.R. 1996 No. 100, to which the most recent relevant amendments were effected by S.R.1998 No. 406 and S.R. 1999 No. 135