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The Supreme Court Fees (Amendment) Order (Northern Ireland) 2004

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Statutory Rules of Northern Ireland

2004 No. 337

SUPREME COURT

The Supreme Court Fees (Amendment) Order (Northern Ireland) 2004

Made

4th August 2004

Coming into operation

1st September 2004

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) 2004 and shall come into operation on 1st September 2004.

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.

Signed by the authority of the Lord Chancellor

I concur

Christopher Leslie

Parliamentary Under-Secretary of State,

Department for Constitutional Affairs

Dated 1st August 2004

We concur

John Heppell

Joan Ryan

Two of the Lords Commissioners of Her Majesty’s Treasury

Dated 4th August 2004

Article 2

SCHEDULE

Article 4

SCHEDULE

Section 1Fees payable in every Department of the Supreme Court
Section 2Fees payable in the Central Office
Section 3Fees payable in the Office of the Lord Chief Justice
Section 4Fees payable in the Bankrupty and Companies Office
Section 5Fees payable in the Taxing Office
Section 6Fees payable in the Office of Care and Protection

SECTION 1Fees payable in every Department of the Supreme Court

Column 1Column 2Column 3
ItemFee £Document to be endorsed
A. COMMENCEMENT OF A CAUSE OR MATTER

1.  On sealing –

(a)a writ of summons, or

175·00The 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

175·00The filed copy

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

155·00The filed copy

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

175·00The filed copy

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

175·00The filed copy

2.  On sealing an originating summons –

(a)On approval of a minor settlement

45·00The filed copy

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

41·00The 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.

52·00The application
B. PROGRESS OF PROCEEDINGS
Interlocutory applications

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

52·00The notice or summons

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

57·00Ex 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

57·00The ex parte docket

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

11·00The application

(d)On an ex parte application before a Master

52·00The 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

98·00The setting down docket

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

52·00The 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

45·00The praecipe
Examination of witness before trial

8.  On the examination of a witness before trial

18·00The 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

45·00The order, judgment or certificate

(b)On an assessment of interest before a Master

52·00The 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

57·00The notice filed
Appeals to High Court

11.  On filing –

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

57·00The 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

57·00The case

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

57·00The notice filed

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

57·00The notice
C. ENFORCEMENT OF JUDGMENTS
Application in aid of enforcement

12.  On an application for an attachment of earnings order to secure maintenance payments

11·00The 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

29·00The affidavit in support of the application

(ii)on providing a certified copy of a judgment or order for use abroad

29·00The 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

6·00The affidavit in support of the application

(ii)on processing an incoming registration

6·00The affidavit or order

(c)Under the Maintenance Orders (Facilities for Enforcement) Act 1920 –

(i)on an ex parte application to register an outgoing order

29·00The affidavit in support of the application

(ii)on processing an incoming registration

29·00The affidavit or order

(d)Under the Maintenance Orders (Reciprocal Enforcement) Act 1972 on an ex parte application to register an outgoing order

29·00The affidavit or statement in support of the application
Enforcement of Arbitration Award

14.  On an application for leave to enforce an arbitration award

29·00The 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

1·50The requisition

16.  For any other copy document per page, whether or not issued as an office copy

1·50The requisition

17.  For examining a plain copy and marking the same as an office copy – for each sheet

2·50The requisition

18.  For a certified copy of a written judgment

8·00The requisition

19.  For any other stencilled copy and marking the same as an office copy, first copy per page

1·50The 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 of satisfaction

18·00The document filed

(b)fiat of satisfaction

18·00The 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

11·00The requisition for search
  • for every additional name if included in the same certificate

6·00The 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)

6·00The requisition for search
Taking affidavits

22.(a) On taking an affidavit or an affirmation or a declaration

6·00The affidavit, affirmation or declaration

(b)In addition thereto for each exhibit referred to and required to be marked

2·50The affidavit, affirmation or declaration
Searches

23.  On a search of court documents, except where item 21 or 33 applies

6·00The requisition
Writs of Subpoena

24.  On sealing a writ of subpoena per person

7·00The 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

34·00The application

SECTION 2Fees payable in the Central Office

Column 1Column 2Column 3
ItemFee £Document to be endorsed
Review of Taxing Master’s Decision

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

52·00The summons
Admiralty

27.(a) On lodging with the Marshall an instrument under Order 75, rule 5(1)

93·00The 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

45·00The 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

10·00(Paid by Transfer)
Court of Appeal

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

180·00The notice of appeal or requisition

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

93·00The 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

1·00The requisition

(b)leave has been given by a Judge, –

(i)in a criminal trial for each folio

0·78The requisition

(ii)in a civil trial for each folio

0·68The requisition

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

1·00The requisition

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

Column 1Column 2Column 3
ItemFee £Document to be endorsed

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

23·00The memorial

31.  For every certificate of such appointment

9·00The certificate

SECTION 4Fees payable in the Bankruptcy and Companies Office

Column 1Column 2Column 3
ItemFee £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

82·00The petition

(b)On sealing a bankruptcy petition:

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

62·00The petition

(ii)if presented by a creditor or other person

108·00The petition

(c)On sealing any other petition (one fee only is payable where more than one petition is presented in relation to a partnership)

82·00The petition

(d)On the hearing of a public examination

41·00The application

33.(a) On sealing any originating application

82·00The application

(b)On sealing any other application

45·00The 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

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.

41·00The notice, summons, affidavit or report

35.  On a bond

11·00The 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

6·00The search docket

SECTION 5Fees payable in the Taxing Office

Column 1Column 2Column 3
ItemFee £Document to be endorsed

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

33·00The requisition

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

0.30The 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

60·00The bill

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

0·15The 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

0.10The bill

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

33·00The written objection

SECTION 6Fees payable in the Office of Care and Protection

Column 1Column 2Column 3
ItemFee £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

79·00The filed copy
FAMILY LAW ACT

40.  On an application under section 27 of the Family 23·00 Law Act 1986 for the registration of a custody order

The filed copy ofthe order
ENDURING POWERS OF ATTORNEY

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

103·00The filed copy

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

103·00The filed copy

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

6·00The 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

113·00The 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 1The 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) – 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 new trustee);

80·00 or, in a “special case” 1/4% of the pecuniary consideration as defined in Note 4 if greater than 80·00The 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)

196·00The 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

283·00The 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. 45)
Clear Annual IncomeFee
Income BandExceedingNot Exceeding
(i)£ 1,000None
(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. 48)
Clear Annual IncomeFee
Income BandExceedingNot Exceeding

NOTES:

1.

In relation to fees number 45 and 48, 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 45 on a clear annual income of (£2,050) which exceeds the lower limit (£2,000) on Band (iii) by less than the difference (£80) between the fee (£155) on Band (iii) and the fee (£80) on Band (ii), the fee payable is –

  • £ 80 (the fee on Band (ii))

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

  • £130

2.

In relation to fee number 45 –

(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 46 –

(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 or other income payments.

(3)

Where a transaction is to be approved under an order mentioned in fee number 46, 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 46 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 47, 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 48, 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 44(2), 45, 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.

(i)£ 1,000None
(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

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.

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