Supreme Court Fees (Amendment) Order (Northern Ireland) 1997

Made: 19th March 1997

Coming into operation: 1st April 1997

The Lord Chancellor, in exercise of the powers conferred on him by section 116(1) of the Judicature (Northern Ireland) Act 1978[^f00001], 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) 1997 and shall come into operation on 1st April 1997.

Fees to be taken in proceedings in the Supreme Court

2

For Sections 1, 2 and 4 of the Schedule to the Supreme Court Fees Order (Northern Ireland) 1996[^f00002] there shall be substituted the new Sections 1, 2 and 4 set out in the Schedule to this Order.

SCHEDULE

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

1

On sealing—

2

On sealing an originating summons—

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.

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

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

8

On the examination of a witness before trial

9

• (a) On an inquiry, reference for trial or assessment of damages before a Master or Admiralty Registrar

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—

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

12

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

13

• (a) Under Part II of the Administration of Justice Act 1920 or the Foreign Judgments (Reciprocal Enforcement) Act 1933—

14

On an application for leave to enforce an arbitration award

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

20

On filing—

21

• (a) result of a search in one name in any register or index under the custody of the Registrar of Bills of Sale

For an official certificate of the search

22

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

23

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

24

On sealing a writ of subpoena per person

SECTION 2 — Fees payable in the Central Office

25

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

26

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

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 an individual voluntary arrangement, or the Official Receiver when acting as such

Signed

Mackay of Clashfern, C. — Dated 19th March 1997

We concur,

Richard Ottaway — Roger Knapman — Two of the Lords Commissioners of Her Majesty’s Treasury — Dated 19th March 1997

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 payable in the Supreme Court.

Footnotes

[^f00001]: 1978 c. 23

[^f00002]: S.R. 1996 No. 100