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The Supreme Court Fees (Amendment) Order 2003

S.I. 2003/646 · Made 7 March 2003

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 AND WALES

Made 7th March 2003

Laid before Parliament 11th March 2003

Coming into force 1st April 2003

The Lord Chancellor, in exercise of the powers conferred upon him by section 130 of the Supreme Court Act 1981f1, section 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 President of the Family Division, the Vice-Chancellor and the Treasury under section 130(2) of the Supreme Court Act 1981, and with the sanction of the Treasury under section 414(1) and 415(1) of the Insolvency Act 1986, makes the following Order:

Annotations to the whole text

Footnotes

f1

1981 c. 54.

f2

1986 c. 45.

f3

1990 c. 29.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Citation, commencement and interpretation
  3. 3Amendments to the Supreme Court Fees Order 1999
  4. 4Amendments to the Supreme Court Fees Order 1999
  5. 5Amendments to the Supreme Court Fees Order 1999
  6. 6Amendments to the Supreme Court Fees Order 1999
  7. 7Amendments to the Supreme Court Fees Order 1999
  8. 8Amendments to the Supreme Court Fees Order 1999
  9. 9Amendments to the Supreme Court Fees Order 1999
  10. 10Amendments to the Supreme Court Fees Order 1999
  11. 11Amendments to the Supreme Court Fees Order 1999
  12. 12Amendments to the Supreme Court Fees Order 1999
  13. 13Amendments to the Supreme Court Fees Order 1999
  14. 14Amendments to the Supreme Court Fees Order 1999
  15. 15Amendments to the Supreme Court Fees Order 1999
  16. 16Amendments to the Supreme Court Fees Order 1999
  17. 17Amendments to the Supreme Court Fees Order 1999
  18. 18Amendments to the Supreme Court Fees Order 1999
  19. 19Amendments to the Supreme Court Fees Order 1999
  20. 20Amendments to the Supreme Court Fees Order 1999
  21. 21Amendments to the Supreme Court Fees Order 1999
  22. 22Amendments to the Supreme Court Fees Order 1999
  23. 23Amendments to the Supreme Court Fees Order 1999
  24. 24Amendments to the Supreme Court Fees Order 1999
  25. 25Amendments to the Supreme Court Fees Order 1999
  26. Signature
  27. Explanatory note

1Citation, commencement and interpretation

This Order may be cited as the Supreme Court Fees (Amendment) Order 2003 and shall come into force on 1st April 2003.

2Citation, commencement and interpretation

In this Order a fee or column referred to by number means the fee or column so numbered in Schedule 1 to the Supreme Court Fees Order 1999f1.

3Amendments to the Supreme Court Fees Order 1999

In column 2 of fee 1.1(a), for “£350”, substitute “£400”.

4Amendments to the Supreme Court Fees Order 1999

For columns 1 and 2 of fee 1.1(b), substitute—

“

Column 1Column 2
Number and description of feeAmount of fee
(b)

exceeds £50,000 but does not exceed £100,000

£600
(c)

exceeds £100,000 but does not exceed £150,000

£700
(d)

exceeds £150,000 or is not limited

£800

”

5Amendments to the Supreme Court Fees Order 1999

In column 2 of fee 1.2, for “£120”, substitute “£180”.

6Amendments to the Supreme Court Fees Order 1999

After fee 1.4, in column 1, insert—

“Fee 1.4

No fee is payable on a counterclaim which a defendant is required to make under the CPR because he contends that he has any claim or is entitled to any remedy relating to a grant of probate of a will, or letters of administration of an estate, of a deceased person.”

7Amendments to the Supreme Court Fees Order 1999

In column 2 of fee 1.6(b), for “£120”, substitute “£180”.

8Amendments to the Supreme Court Fees Order 1999

In column 2 of fee 2.1, for “£80”, substitute “£120”.

9Amendments to the Supreme Court Fees Order 1999

In fee 2.2—

(a)

in column 1, for “7 days”, substitute “14 days”; and

(b)

in column 2, for “£400”, substitute “£600”.

10Amendments to the Supreme Court Fees Order 1999

For columns 1 and 2 of fees 2.3(a) and (b) and the notes thereto, substitute—

“

Column 1Column 2
Number and description of feeAmount of fee
2.3

On filing—

  • an appellant’s notice, or

  • a respondent’s notice where the respondent is appealing or wishes to ask the appeal court to uphold the order of the lower court for reasons different from or additional to those given by the lower court

  • Fee 2.3

  • Fee 2.3 does not apply on appeals against a decision made in detailed assessment proceedings.

£100

”

11Amendments to the Supreme Court Fees Order 1999

In column 2 of fee 2.4, for “£50”, substitute “£60”.

12Amendments to the Supreme Court Fees Order 1999

In fee 2.5—

(a)

in column 1, before “Fees 2.4 and 2.5”, insert—

  • “Fee 2.5 shall not be payable in relation to an application by consent for an adjournment of a hearing where the application is received by the court at least 14 days before the date set for that hearing.”; and

(b)

in column 2, for “£25”, substitute “£30”.

13Amendments to the Supreme Court Fees Order 1999

In column 2 of fee 2.7, for “£25”, substitute “£30”.

14Amendments to the Supreme Court Fees Order 1999

In column 2 of fee 3.1, for “£20”, substitute “£30”.

15Amendments to the Supreme Court Fees Order 1999

In column 2 of fee 3.4, for “£80”, substitute “£90”.

16Amendments to the Supreme Court Fees Order 1999

In column 2 of fee 6.1(a), for “£120”, substitute “£140”.

17Amendments to the Supreme Court Fees Order 1999

In column 2 of fee 6.1(b), for “£150”, substitute “£180”.

18Amendments to the Supreme Court Fees Order 1999

In column 2 of fee 6.2, for “£100”, substitute “£130”.

19Amendments to the Supreme Court Fees Order 1999

In column 2 of fee 6.3, for “£150”, substitute “£180”.

20Amendments to the Supreme Court Fees Order 1999

In column 2 of fee 6.4(a), for “£50”, substitute “£60”.

21Amendments to the Supreme Court Fees Order 1999

After fee 6.4, insert—

“

Column 1Column 2
Number and description of feeAmount of fee
6.5

On an application under the Companies Act 1985f1 or the Insolvency Act 1986f2 other than one brought by petition and where no other fee is specified.

Fee 6.5

Fee 6.5 is not payable where the application is made in existing proceedings.

£130
6.6

On an application for the conversion of a voluntary arrangement into a winding up or bankruptcy under Article 37 of Council Regulation (EC) No 1346/2000.

£130
6.7

On an application, for the purposes of Council Regulation (EC) No 1346/2000, for an order confirming creditors' voluntary winding up (where the company has passed a resolution for voluntary winding-up, and no declaration under section 89 of the Insolvency Act 1986 has been made)

£30
6.8

On filing—

  • a notice of intention to appoint an administrator under paragraph 14 of Schedule B1 to the Insolvency Act 1986 or in accordance with paragraph 27 of that Schedule; or

  • a notice of appointment of an administrator in accordance with paragraphs 18 or 29 of that Schedule

Fee 6.8

Where a person pays fee 6.8 on filing a notice of intention to appoint an administrator, no fee shall be payable on that same person filing a notice of appointment of that administrator.

£30
6.9

On submitting a nominee’s report under section 2(2) of the Insolvency Act 1986 or

£30
6.10

On filing documents in accordance with paragraph 7(1) of Schedule A1 to the Insolvency Act 1986

£30

”

22Amendments to the Supreme Court Fees Order 1999

In column 2 of fee 10.2, for “£180”, substitute “£250”.

23Amendments to the Supreme Court Fees Order 1999

For columns 1 and 2 of fee 10.4, substitute—

“

Column 1Column 2
Number and descripton of feeAmount of fee
10.4

On an appeal against a decision made in detailed assessment proceedings

£100

”

24Amendments to the Supreme Court Fees Order 1999

In column 2 of fee 10.5, for “£20”, substitute “£30”.

25Amendments to the Supreme Court Fees Order 1999

After fee 10.5, insert—

“

Column 1Number and description of fee
Column 2Amount of fee
10.6

On a request or an application to set aside a default costs certificate

£60

”

Signature

Irvine of Lairg, C.

3rd March 2003

We concur

Lord Woolf of Barnes

Lord Phillips of Worth Matravers

Dame Elizabeth Butler-Sloss, DBE

Sir Andrew Morritt

dated

We concur

Jim Fitzpatrick,

Nick Ainger,

Two of the Lords Commissioners of Her Majesty’s Treasury

7th March 2003

Explanatory note

(This note is not part of the Order)

This Order amends the Supreme Court Fees Order 1999. The table below sets out where fees have been increased or new fees introduced.

In addition:

  • Article 6 adds a note to fee 1.4 to provide that a fee is no longer payable on filing a counterclaim in contentious probate proceedings which he is required to file by virtue of the Civil Procedure Rules 1998f1;

  • Article 9 amends the note to fee 2.2 to provide that where a case is settled or discontinued the party who paid fee 2.2 on filing a listing questionnaire will be entitled to a discount if he notifies the court of that fact at least 14 days before the trial date (instead of 7 days as at present);

  • Article 10 amends fee 2.3 to provide that a single fee is now payable on leave or on appeal;

  • Article 12 adds a note to fee 2.5 to provide that no fee is payable on a consent application for adjournment where this is made at least 14 days before the hearing;

  • Article 23 substitutes a new fee 10.4, on an appeal against a decision made in detailed assessment proceedings only;

  • Article 25 introduces a new fee 10.6, on a request or application to set aside a default costs certificate (this used to be covered by fee 10.4);

  • Article 21 introduces new fees in insolvency proceedings to reflect new legislation;

Brief Description of New FeeOld Fee No.Old Fee £New Fee £
1.1(a) Money claim up to £50,0001.1(a)350400
1.1(b) Money claim over £50,000 not over £100,0001.1(b)500600
1.1(c) Money claim over £100,000 not over £150,0001.1(b)500700
1.1(d) Money claim over £150,000 or is not limited1.1(b)500800
1.2 Non monetary claim1.2120180
1.4 Counterclaim1.4As claimAs claim but no fee in probate
1.6(b) Judicial Review1.6(b)120180
2.1 Allocation2.180120
2.2 Listing for trial (refund on notice 14 days before trial)2.2400600
2.3 Leave to appeal/appeal2.3(a)(b)50–150100
2.4 On notice application2.45060
2.5 Without notice application (fee not payable on consent application for adjournment at least 14 days before hearing)2.52530
2.7 Application to vary judgment/suspend enforcement (one fee on combined application)2.72530
3.1 Sealing writ of execution/delivery/possession3.12030
3.4 Application for judgment summons3.48090
6.1(a) Bankruptcy petition (debtor's)6.1(a)120140
6.1(b) Bankruptcy petition (creditor/other)6.1(b)150180
6.2 Petition for administration order6.2100130
6.3 Any other petition6.3150180
6.4(a) Request for certificate of discharge6.4(a)5060
6.5 Application under Companies Act 1985 or Insolvency Act 1986 where no other fee specified (not in existing proceedings)1.2120130
6.6 Conversion of voluntary arrangement to winding-up or bankruptcy under Article 37 of Council Regulation (EC) No. 1346/2000No feeNo fee130
6.7 Application, for purposes of Council Regulation (EC) No. 1346/2000, for order confirming creditors' voluntary winding upNo feeNo fee30

6.8 On filing

  • Notice of intention to appoint administrator under para. 14 of Sched. B1 to the Insolvency Act 1986 or in accordance with para. 27 of that Sched; or

  • Notice of appointment of administrator in accordance with paras 18 or 29 of that Sched.

No feeNo fee30
6.9 On submitting nominee’s report under section 2(2) of Insolvency Act 1986No feeNo fee30
6.10 Filing documents in accordance with paragraph 7(1) Schedule A1 to Insolvency Act 1986No feeNo fee30
10.2 Request for detailed assessment hearing10.2180250
10.4 Appeal against detailed assessment10.450100
10.5 Court approval of certificate of costs10.52030
10.6 Application to set aside default costs certificate10.45060

A Regulatory Impact Assessment of the costs and benefits of this Order (and other Orders relating to court fees) was placed in the Libraries of both Houses of Parliament, and is available on the Court Service’s website at www.courtservice.gov.uk/using_courts/fees.