The Supreme Court Fees (Amendment) Order 1990

Statutory Instruments

1990 No. 1460 (L. 13)

SUPREME COURT OF ENGLAND AND WALES

FEES

The Supreme Court Fees (Amendment) Order 1990

Made

18th July 1990

Laid before Parliament

23rd July 1990

Coming into force

1st September 1990

The Lord Chancellor, in exercise of the powers conferred on him by section 130 of the Supreme Court Act 1981(1), 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, hereby makes the following Order:

1.—(1) This Order may be cited as the Supreme Court Fees (Amendment) Order 1990 and shall come into force on 1st September 1990.

(2) The Supreme Court Fees Order 1980(2) shall be amended in accordance with the following provisions of this Order and in those provisions a fee referred to by number means the fee so numbered in the Schedule to the said Order of 1980.

2.  In Fee No. 1 for the figure “60.00” in column 2 there shall be substituted the figure “70.00”.

3.  In Fee No. 12 for the figure “6.00” in column 2 there shall be substituted the figure “10.00”.

4.  In Fee No. 13 for the figure “15.00” in column 2 there shall be substituted the figure “17.00”.

5.  In Fee No. 14 for the figure “15.00” in column 2 there shall be substituted the figure “17.00”.

6.  In Fee No. 23(a) and (b) for the figures “3.00” and “0.75” in column 2 there shall be substituted the figures “3.50” and “1.00” respectively.

7.  For Fee No. 26(a) there shall be substituted the following—

“26(a)   On lodging with the Marshal a warrant of arrest under Order 75, rule 5

60

The warrant.”

8.  Fee No. 26(b) shall be subject to a minimum of £200 and accordingly after the words “exceeding £100,000,” there shall be inserted on a new line the words “(subject to a minimum fee of £200),”.

9.  In Fee No. 27(a)(i) and (ii) for the figures “25.00” and “30.00” in column 2 there shall be substituted the figures “75.00” and “100.00” respectively.

10.  In Fee No. 27(b) for the figure “15.00” in column 2 there shall be substituted the figure “30.00”.

11.  In Fee No. 27(c) for the figure “15.00” in column 2 there shall be substituted the figure “50.00”.

Mackay of Clashfern, C.

Dated 10th July 1990

Lane, C.J.

Donaldson of Lymington, M.R.

Stephen Brown, P.

N. Browne-Wilkinson, V-C.

Dated 13th July 1990

Thomas Sackville

Kenneth Carlisle

Two of the Lords Commissioners of Her Majesty’s Treasury

Dated 18th July 1990

Explanatory Note

(This note is not part of the Order)

This Order amends the Supreme Court Fees Order 1980 so as to—

(a) increase Fees Nos. 1 (sealing writs etc.), 12 (sealing writs of execution), 13 (applications for certain processes of enforcement), 14 (application to examine a judgment debtor), 23 (affidavits and exhibits), 26(a) (warrant of arrest of ship or other property) and 27 (appeals and applications to the Court of Appeal); and

(b) introduce a minimum fee of £200 for the sale of a ship or goods in Admiralty proceedings (Fee No. 26(b)).

In most instances the extent of the increase can be seen from the Order itself. In the case of Fee No. 26(a) the increase is from £30 to £60 and the description of the occasion on which the fee is charged has been redrafted for greater clarity.

(1)

1981 c. 54.

(2)

S.I. 1980/821; the relevant amending instruments are S.I. 1982/1707, 1983/1680, 1986/637 and 2144.