Supreme Court Fees Order (Northern Ireland) 1996

Made: 14th March 1996

Coming into operation: 1st April 1996

The Lord Chancellor, after consultation with the Lord Chief Justice and with the concurrence of the Treasury, in exercise of the powers conferred on him by section 116(1) and (4) of the Judicature (Northern Ireland) Act 1978[^f00001], hereby makes the following Order:—

Citation and commencement

1

This Order may be cited as the Supreme Court Fees Order (Northern Ireland) 1996 and shall come into operation on 1st April 1996.

Interpretation

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[^f00002] and expressions defined in those Rules shall have the same meaning in this Order; and

• (b) a fee or column referred to by number means the fee or column so numbered in the Schedule to this Order.

Revocation

3

The Supreme Court Fees Order (Northern Ireland) 1994[^f00003] and the Supreme Court Fees (Amendment) Order (Northern Ireland) 1995[^f00004] are hereby revoked.

Fees to be taken in proceedings in the Supreme Court

4

• (1) The fees set out in column 2 shall be payable in proceedings in the Supreme Court in respect of the items set out opposite thereto in column 1.

• (2) Where it appears to the Lord Chancellor that the payment of any fee specified in the Schedule would, owing to the exceptional circumstances of the particular case, involve undue hardship, he may reduce or remit the fee in that case.

Provisions of Order not to apply

5

The provisions of this Order shall not apply to—

• (a) non-contentious probate business;

• (b) criminal proceedings (except proceedings on the Crown side of the Queen’s Bench Division to which the scale contained in the Schedule is applicable); and

• (c) matrimonial proceedings.

Fees in foreign convention proceedings

6

Where by any convention entered into by Her Majesty with any foreign power it is provided that no fee shall be required to be paid in respect of any proceedings, the fees specified in this Order shall not be taken in respect of those proceedings.

Manner in which fees are to be taken

7

• (1) Subject to paragraph (4), the fees prescribed in the Schedule shall be taken in cash.

• (2) Payment of the appropriate court fee shall be endorsed on the relevant document (that is, the document indicated in column 3) by mechanical means or, where this means is not available, the person to whom the fee is paid shall endorse the relevant document by writing thereon the amount and date of payment and shall sign the endorsement.

• (3) Where fees are payable under this Order in respect of any item and there is no document in reference to that item on which an endorsement can be made, the person requesting the action to which the item relates shall make the request by a requisition or note in writing which shall be endorsed as to payment of the appropriate fee in accordance with paragraph (2).

• (4) Fees No. 25(b) and (d) (being certain fees payable in an Admiralty matter) shall be taken by transfer from money in court.

Application of fees

8

All fees received by virtue of the Schedule shall, unless otherwise appropriated in aid, be paid into the Consolidated Fund

SCHEDULE A

SECTION 1 — Fees payable in every Department of the Supreme Court

1

On sealing—

2

On sealing an originating summons—

• (a) on approval of a minor settlement

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

Interlocutory applications

4

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

5

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

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

7

On setting down a cause on motion for judgment

Examination of witness before trial

8

On the examination of a witness before trial

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

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

11

On filing—

Application in aid of enforcement

12

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

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—

Enforcement of Arbitration Award

14

On an application for leave to enforce an arbitration award

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

16

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

17

For examining a plain copy and marking the same as an office copy — for each sheet

18

For a certified copy of a written judgment

19

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

Bills of sale

20

On filing—

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

Taking affidavits

22

• (a) On taking an affidavit or an affirmation or a declaration

Searches

23

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

Writs of Subpoena

24

On sealing a writ of subpoena per person

SECTION 2 — Fees payable in the Central Office

Admiralty

25

• (a) On lodging with the Marshal an instrument under Order 75, rule 5(1)

Court of Appeal

26

• (a) On filing a notice of appeal or case stated

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

27

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

28

For every certificate of such appointment

SECTION 4 — Fees payable in the Bankruptcy and Companies Office

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

30

• (a) On sealing any originating application

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

32

On a bond

33

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

SECTION 5 — Fees payable in the Taxing Office

34

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

35

• (a) On taking a cash account between solicitor and own client under the Solicitors (Northern Ireland) Order 1976—

SECTION 6 — Fees payable in the Office of Care and Protection

36

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

37

On an application under section 27 of the Family Law Act 1986 for the registration of a custody order

38

On an application for registration of an enduring power of attorney

39

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

40

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

Commencement fee

41

—

Annual administration fee

42

On a certificate issued by the Office

Transaction fee

43

—

• (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 or 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”)

Control fees

44

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

45

On passing an account where an officer of the court other than Official Solicitor is appointed

Clear Annual Income	Clear Annual Income	Clear Annual Income	Fee
Income Band	Exceeding	Not Exceeding
(i)		£1,000	None
(ii)	£1,000	£2,000	£75
(iii)	£2,000	£3,000	£150
(iv)	£3,000	£5,000	£225
(v)	£5,000	£7,000	£375
(vi)	£7,000	£10,000	£600
(vii)	£10,000	£15,000	£850
(viii)	£15,000		£850 plus 5% of income exceeding £15,000
Clear Annual Income	Clear Annual Income	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 42 and 45, 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 No. 42 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 42—

• (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 42 and 43 are not payable where an officer of the court is acting as controller for the patient.

4

In relation to fee number 43—

• (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 of other income payments.

• (3) Where a transaction is to be approved under an order mentioned in fee number 43, 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 43 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 44, 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 45, 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 41(2), 41, 43 and 44, 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.

Signed

Mackay of Clashfern, C. — Dated 11th March 1996.

We concur

Derek Conway — Simon Burns — Two of the Lords Commissioners of Her Majesty’s Treasury — Dated 14th March 1996

Explanatory note

(This note is not part of the Order.)

This Order revokes and replaces the Supreme Court Fees Order (Northern Ireland) 1994 (as amended) to:—

• (a) increase the majority of fees payable in the Supreme Court;

• (b) introduce a new fee, of £10, to be payable on an application to a Master for payment out of monies invested on behalf of a minor;

• (c) introduce a new fee, of £20, to be payable on an ex parte application before a Master; and

• (d) introduce a new fee, of £5, to be payable on a Writ of Subpoena per person named.

Footnotes

[^f00001]: 1978 c. 23

[^f00002]: S.R. 1980 No. 346

[^f00003]: S.R. 1994 No. 283

[^f00004]: S.R. 1995 No. 220