Statutory Instruments
SUPREME COURT OF ENGLAND & WALES
Made
16th December 1996
Laid before Parliament
18th December 1996
Coming into force
15th January 1997
The Lord Chancellor, in exercise of the powers conferred on him by section 130 of the Supreme Court Act 1981(1), sections 414 and 415 of the Insolvency Act 1986(2) and section 128 of the Finance Act 1990(3), with the concurrence of the Lord Chief Justice, the Master of the Rolls, the President of the Family Division, the Vice-Chancellor and the Treasury under section 130(2) of the Supreme Court Act 1981, and with the sanction of the Treasury under sections 414(1) and 415(1) of the Insolvency Act 1986, hereby makes the following Order:
1. This Order may be cited as the Supreme Court Fees (Amendment) Order 1996 and shall come into force on 15th January 1997.
2. In this Order:—
(a)an article referred to by number means the article so numbered in the Supreme Court Fees Order 1980(4), and
(b)a fee or column referred to by number means the fee or column so numbered in the Schedule to that Order.
3. Paragraphs (1) and (3) of article 5 shall be omitted.
4. The following shall be inserted after article 7:—
“7A.Where a bill for taxation is lodged by a party to proceedings who, if the bill is allowed at the full amount thereof, will be required to pay it, the fee prescribed at Fee No. 29(b) shall be limited to £50, unless the taxing officer orders that the full amount of the fee shall be payable.”
5. The entries in Column 2 in respect of each of the fees numbered in the Table below shall be replaced as shown in that Table.
| Fee No. | Existing entry in Column 2 | New entry in Column 2 |
|---|---|---|
| 2(a) | 15.00 | 50.00 |
| 2(b) | 15.00 | 50.00 |
| 2(c) | 15.00 | 50.00 |
| 2(d) | 15.00 | 50.00 |
| 2(e) | 30.00 | 50.00 |
| 3 | 15.00 | 50.00 |
| 4 | 20.00 | 50.00 |
| 5(A) | 20.00 | 30.00 |
| 5(B) | 20.00 | 50.00 |
| 5(C) | 20.00 | 30.00 |
| 5(D) | 20.00 | 50.00 |
| 5(F) | 50.00 | 150.00 |
| 5(G) | 100.00 | 500.00 |
| 5(H) | 100.00 | 500.00 |
| 5(J) | 50.00 | 100.00 |
| 6 | 15.00 | 30.00 |
| 8(a) | 20.00 | 30.00 |
| 9 | 20.00 | 50.00 |
| 11(a) | 20.00 | 50.00 |
| 11(b) | 20.00 | 50.00 |
| 11(c) | 20.00 | 50.00 |
| 11(d) | 20.00 | 50.00 |
| 13 | 30.00 | 60.00 |
| 16(a) (both occurrences) | 20.00 | 30.00 |
| 16(b) to (g) (all occurrences) | 10.00 | 30.00 |
| 27(a)(i) | 120.00 | 200.00 |
| 27(a)(ii) | 120.00 | 200.00 |
| 27(b) | 50.00 | 150.00 |
| 27(c) | 60.00 | 100.00 |
| 29(e) | 10.00 | 20.00 |
| 29(f) | 35.00 | 50.00 |
| 30(a) | 55.00 | 80.00 |
| 30(b)(i) | 25.00 | 50.00 |
| 30(b)(ii) | 55.00 | 80.00 |
| 30(c) | 55.00 | 80.00 |
| 30(e) | 25.00 | 50.00 |
| 30(f) | 25.00 | 50.00 |
6. In columns 1 and 2 in Fee No. 1:—
(a)the figure of “120.00” in column 2, opposite paragraphs (a) to (d) in column 1, shall be omitted;
(b)the following shall be added after the end of paragraph (d):—
| “Column 1 | Column 2 |
|---|---|
| where the relief sought consists of the recovery of possession of any property (with or without any sum charged thereon) or does not include the payment of money | 120.00 |
where the relief sought is or includes the payment of money (other than money charged on property possession of which is also claimed):
| 120.00 |
| 150.00 |
| 300.00 |
| 500.00” |
7. After Fee No. 5A there shall be inserted the following new fee:
| “Column 1 | Column 2 | Column 3 |
|---|---|---|
5AA.On an application ex parte or by consent before a master, district judge or Admiralty registrar or before a bankruptcy registrar, where no appointment is taken. | 20.00 | The application” |
8. In column 1 in Fee No. 5C, the words “in Chambers in the Queen’s Bench Division” shall be omitted.
9. For columns 1 and 2 in Fee No. 18 there shall be substituted the following:—
| “Column 1 | Column 2 |
|---|---|
18. For a copy of any document, or examining a plain copy and marking it as an office copy: (a)per page for the first five pages of each document | 1.00 |
(b)per page for subsequent pages | 0.25” |
10. For columns 1 and 2 in Fee No. 29(b), (c) and (d) there shall be substituted the following:—
| “Column 1 | Column 2 |
|---|---|
(b)On the lodging of a bill of costs for taxation, subject to the provisions of article 7A, for every £100 or part of £100 of the full amount of the bill as lodged | 3.75 |
(c)On the taxation of a bill of costs, for every £100 or part of £100 of the amount allowed
| 7.50 |
(d)On assessing costs in the Chancery Division, for every £100 or part of £100 of the sum assessed | 7.50” |
Mackay of Clashfern, C.
Dated 11th December 1996
We concur,
Bingham of Cornhill, C.J.
Woolf, M.R.
Stephen Brown, P.
Richard Scott, V.-C.
We concur,
Patrick McLoughlin
Roger Knapman
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 16th December 1996
(This note is not part of the Order)
This Order amends the Supreme Court Fees Order 1980—
(1) to set the fee charged upon taxation of a bill of costs at £7.50 per £100 of the bill as taxed (article 10);
(2) to provide an advance fee for the lodging of a bill for taxation, equal to half of the estimated final taxation fee as calculated on the assumption that the bill is upheld in full, in place of the existing power to charge on withdrawal of a bill (article 10);
(3) where the bill is lodged by the party who would have to pay the amount of the taxed bill, to limit the amount of the advance fee to £50 unless the taxing officer orders otherwise (article 4);
(4) to increase the following fees as indicated (articles 5 and 6):
| Fee No. | Short description of fee (for full description see fees order) | Existing Fee £ | New Fee £ |
|---|---|---|---|
| 1 | Issue of writ, originating summons, motion or petition | 120 | 120 to 500, depending on the nature and amount of the claim |
| 2 | Sealing an originating summons | 15 or 30 | 50 |
| 3 | Petition of course | 15 | 50 |
| 4 | Leave to apply for judicial review | 20 | 50 |
| 5A | Master’s appointment | 20 | 30 |
| 5B, 5D | Summons or motion for hearing before judge | 20 | 50 |
| 5C | Ex parte application | 20 | 30 |
| 5F | Setting down for trial | 50 | 150 |
| 5G, 5H | Setting down for trial, commercial or Admiralty matter | 100 | 500 |
| 5J | Allocation to Official Referee | 50 | 100 |
| 6 | Setting down cause on motion for judgment | 15 | 30 |
| 8(a) | Inquiry, reference for trial, assessment etc. | 20 | 30 |
| 9 | Notice of appeal to judge | 20 | 50 |
| 11 | Notice of appeal to High Court | 20 | 50 |
| 13 | Application for a garnishee order, charging order or receiver | 30 | 60 |
| 16 | Registering foreign judgments etc. | 10 or 20 | 30 |
| 27(a)(i) | Appeal to Court of Appeal from county court | 120 | 200 |
| 27(a)(ii) | Appeal to Court of Appeal, other | 120 | 200 |
| 27(c) | Application to Court of Appeal | 60 | 100 |
| 29(e) | Taxing officer’s review | 10 | 20 |
| 29(f) | Application to judge to review a taxing officer’s decision | 35 | 50 |
| 30(a) | Issue of companies winding up petition | 55 | 80 |
| 30(b)(i) | Issue of bankruptcy petition—debtor | 25 | 50 |
| 30(b)(ii) | Issue of bankruptcy petition—creditor | 55 | 80 |
| 30(c) | (5)Issue of any other petition under the Companies Act 1985 or Insolvency Act 1986 | 55 | 80 |
| 30(e) | Appeal in bankruptcy | 25 | 50 |
| 30(f) | Cross appeal or respondent’s notice under the Companies Act 1985 or the Insolvency Act 1986 | 25 | 50 |
(5) to provide that the same fee is payable in all cases of ex parte applications before a judge (article 8);
(6) to reduce the fee for copies of documents to 25p per page after the first five pages of each document (article 9);
(7) to abolish the exemptions and remissions for persons on income support and in cases of financial hardship (article 3);
(8) to introduce a fee of £20 for ex parte applications and consent applications to a master or registrar not involving any attendance (article 7).
1986 c. 45; sections 414 and 415 have been amended by the Insolvency Fees Amendment Order 1992, S. I. 1992/34.
S. I. 1980/821; the relevant amending instruments are S. I. 1982/1707, 1983/1680, 1986/637 and 2144, 1990/1460, 1993/3191 and 1995/2629.