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The Supreme Court Fees (Amendment) Order 1995

S.I. 1995/2629 · Made 9 October 1995

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

SUPREME COURT OF ENGLAND & WALES

Made 9th October 1995

Laid before Parliament 9th October 1995

Coming into force 30th October 1995

The Lord Chancellor, in exercise of the powers conferred on him by section 130 of the Supreme Court Act 1981f1, sections 414 and 415 of the Insolvency Act 1986f2 and section 128 of the Finance Act 1990f3, with the concurrence of the Lord Chief Justice, the Master of the Rolls, 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:—

Annotations to the whole text

Footnotes

f1

1981 c. 54.

f2

1986 c. 45; sections 414 and 415 have been amended by the Insolvency Fees Amendment Order 1992, S.I. 1992/34.

f3

1990 c. 29.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Citation, commencement and interpretation
  3. 3Amendments to the Supreme Court Fees Order 1980
  4. 4Amendments to the Supreme Court Fees Order 1980
  5. 5Amendments to the Supreme Court Fees Order 1980
  6. 6Amendments to the Supreme Court Fees Order 1980
  7. 7Amendments to the Supreme Court Fees Order 1980
  8. Signature
  9. Explanatory note

1Citation, commencement and interpretation

This Order may be cited as the Supreme Court Fees (Amendment) Order 1995 and shall come into force on 30th October 1995.

2Citation, commencement and interpretation

In this Order an article referred to by number means the article so numbered in the Supreme Court Fees Order 1980f1, and a column or fee referred to by number means the column or fee so numbered in the Schedule to that Order.

3Amendments to the Supreme Court Fees Order 1980

For article 5(1) there shall be substituted the following:—

“5
(1)

No fee shall be payable under this Order by a party who, at the time when a fee would otherwise become payable,

(a)

is in receipt of income support under Part VII of the Social Security Contributions and Benefits Act 1992f1, and

(b)

is not in receipt of representation under Part IV of the Legal Aid Act 1988f2 for the purposes of the proceedings.”.

4Amendments to the Supreme Court Fees Order 1980

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.

TABLE

Fee No.Existing entry in Column 2New entry in Column 2
1.100.00120.00
11(c)15.0020.00
11(d)15.0020.00
1325.0030.00
1425.0035.00
25(a)(i)1700.001800.00
25(a)(ii)1200.001400.00
25(b)(i)1700.001800.00
25(b)(ii)1200.001400.00
27(a)(i)100.00120.00
27(a)(ii)100.00120.00
27(c)50.0060.00
29(f)15.0035.00
30(a)50.0055.00
30(b)(i)20.0025.00
30(b)(ii)50.0055.00
30(c)50.0055.00
30(f)15.0025.00

5Amendments to the Supreme Court Fees Order 1980

For columns 1 and 2 in Fee No. 18 there shall be substituted the following:—

“

Column 1 (No. and description of fee)Column 2 (Amount of fee)
18

For a copy of any document, or examining a plain copy and marking it as an office copy, per page

£1.00

”

6Amendments to the Supreme Court Fees Order 1980

Fees Nos. 19, 20 and 30(d) shall be omitted.

7Amendments to the Supreme Court Fees Order 1980

For columns 1 and 2 in Fee No. 24 there shall be substituted the following:—

“

Column 1 (No. and description of fee)Column 2 (Amount of fee)
24
(a)

On a search of court documents (except a search for acknowledgement of service and a search under the Bills of Sale Act (1878) Amendment Act 1882f1) including inspection, for each file

£5.00
(b)

On a search in person of bankruptcy and company records, including inspection, for each 15 minutes or part thereof

£5.00

”

Signature

Mackay of Clashfern, C

Dated 4th October 1995

We concur,

Taylor, C.J.

Bingham, M.R.

Richard Scott, V.-C.

Dated 3rd October 1995

We concur,

David Willetts

Derek Conway

Two of the Lords Commissioners of Her Majesty’s Treasury

Dated 9th October 1995

Explanatory note

(This note is not part of the Order)

This Order amends the Supreme Court Fees Order 1980 to-

(1)

remove exemption from payment of court fees for those on income support who are also in receipt of civil legal aid (article 3);

(2)

increase the following fees as indicated (article 4):

Fee NoShort description of fee, for full description see fees order.Existing Fee £New Fee £
1Issue of writ, originating summons, motion or petition100120
11(c)Cross appeal to High Court.1520
11(d)Respondent’s appeal to High Court.1520
13Application for a garnishee order, charging order or receiver.2530
14Application to examine judgment debtor before officer of the court.2535
25(a)(i)Appointment of Commercial Court judge as arbitrator.17001800
25(a)(ii)Appointment of official receiver as arbitrator.12001400
25(b)(i)Judge arbitrator per day after first day.17001800
25(b)(ii)Official referee arbitrator per day after first day.12001400
27(a)(i)Appeal to Court of Appeal from county court.100120
27(a)(ii)Appeal to Court of Appeal, other.100120
27(c)Application to Court of Appeal.5060
29(f)Application to judge to review a taxing officer’s decision.1535
30(a)Issue of companies winding up petition.5055
30(b)(i)Issue of bankruptcy petition–debtor.2025
30(b)(ii)Issue of bankruptcy petition–creditor. 5055
30(c)Issue of any other petition under the Companies Act 1985f1 or Insolvency Act 1986.5055
30(f)Cross appeal or respondent’s notice under the Companies Act 1985 or the Insolvency Act 1986.1525
(3)

replace the fees payable on obtaining copies of documents with a single fee (articles 5 and 6);

(4)

revoke the fee payable on the hearing of a public examination (article 6);

(5)

modify fee No. 24 (search fee) (now fee No. 24(a)) to charge £5.00 per file rather than £5.00 per hour (article 7);

(6)

introduce a new fee No. 24(b) for personal searches of bankruptcy and companies records (article 7).