The Judicial Committee (General Appellate Jurisdiction) Rules (Amendment) Order 2003
S.I. 2003/1879 · Made 17 July 2003
JUDICIAL COMMITTEE
Made 17th July 2003
Coming into force 1st September 2003
At the Court of Buckingham Palace, the 17th day of July 2003
Present,
The Queen’s most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred on Her by section 24 of the Judicial Committee Act 1833f1 and section 1 of the Judicial Committee Act 1844f2 or otherwise in Her vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:
Annotations to the whole text
Footnotes
- f1
- f2
Contents
- 1Citation and commencement
- 2Amendment of the Judicial Committee (General Appellate Jurisdiction) Rules
- 3Revocation
- Signature
- Schedule COUNCIL OFFICE FEES
- Explanatory note
1Citation and commencement
This Order may be cited as the Judicial Committee (General Appellate Jurisdiction) Rules (Amendment) Order 2003 and shall come into force on 1st September 2003.
2Amendment of the Judicial Committee (General Appellate Jurisdiction) Rules
The Judicial Committee (General Appellate Jurisdiction) Rulesf1 shall be amended as follows—
in rule 4(a) delete “six” and substitute “seven”;
in rule 8(a) delete “£500” and substitute “£2,000”;
in rule 44 delete “£500” and substitute “£2,000”;
in rule 47 delete paragraph (3) and substitute—
“(3)(a)where the petition is a petition of appeal or a consent petition, the original and one copy shall be lodged;
(b)for all other petitions, the original and seven copies shall be lodged”;
in rule 77—
at the end of paragraph (1) add “and send copies to the other party”;
in paragraph (2), delete “4 clear days” and insert “14 days”, and at the end delete “and of the order and notice”;
the Table of Fees set out in Schedule B shall be deleted and the table set out in the Schedule to this Order substituted therefor.
3Revocation
The Judicial Committee (Fees) Order 1996f1 is revoked.
Signature
A. K. Galloway
Clerk of the Privy Council
COUNCIL OFFICE FEES
| £ | ||
|---|---|---|
| 1. | Entering appearance | 30.00 |
| 2. | Examining proof of Record with the certified Record at the Registry (chargeable to Appellant only)—per day | 40.00 |
| per half-day | 25.00 | |
| 3. | Lodging Petition of Appeal | 50.00 |
| 4. | Lodging Petition for special leave to appeal | 120.00 |
| 5. | Lodging any other Petition or Motion | 75.00 |
| 6. | Lodging Case | 300.00 |
| 7. | Original Order of Her Majesty in Council determining an Appeal | 30.00 |
| 8. | Any other original Order of Her Majesty in Council | 30.00 |
| 9. | Plain copy of an Order of Her Majesty in Council | 10.00 |
| 10. | Original Order of Judicial Committee determining an Appeal | 30.00 |
| 11. | Any other original Order of Judicial Committee | 30.00 |
| 12. | Plain copy of Committee Order | 10.00 |
| 13. | Lodging affidavit | 25.00 |
| 14. | Certificate delivered to parties | 25.00 |
| 15. | Lodging caveat | 25.00 |
| 16. | Taxing fee (including certificate) | 5% of the sum allowed. |
Explanatory note
(This note is not part of the Order)
This Order introduces a revised scale of fees in respect of appeals and other proceedings (except devolution proceedings) before the Judicial Committee of the Privy Council. The value of money has fallen by about 12% since the last change in 1996 but the majority of fees are increased by larger percentages than that, ranging from 38% to 66%. However, one fee is abolished and no change is made to the fees for originals and copies of Orders (except fee no. 8 which is brought into line with fee no. 11) or to the taxing fee.
The other main change is that the limit on assets for qualification as a poor person (to obtain exemption from payment of fees) is raised from £500 to £2,000.
The Order also makes minor changes to the numbers of copies of petitions that have to be filed for various purposes and increases the length of notice a party liable to pay costs will get of the taxation appointment and of the bill presented by the other side.