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

S.R. 1997/175 · Made 19 March 1997

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

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 1978f1, after consultation with the Lord Chief Justice and with the concurrence of the Treasury, hereby makes the following Order:—

Annotations to the whole text

Footnotes

f1

1978 c. 23

Contents

  1. 1Citation and commencement
  2. 2Fees to be taken in proceedings in the Supreme Court
  3. Signature
  4. Schedule
  5. SECTION 1Fees payable in every Department of the Supreme Court
  6. SECTION 2Fees payable in the Central Office
  7. SECTION 4Fees payable in the Bankruptcy and Companies Office
  8. Explanatory note

1Citation and commencement

This Order may be cited as the Supreme Court Fees (Amendment) Order (Northern Ireland) 1997 and shall come into operation on 1st April 1997.

2Fees to be taken in proceedings in the Supreme Court

For Sections 1, 2 and 4 of the Schedule to the Supreme Court Fees Order (Northern Ireland) 1996f1 there shall be substituted the new Sections 1, 2 and 4 set out in the Schedule to this Order.

Signature

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

SECTION 1Fees payable in every Department of the Supreme Court

Column 1Column 2Column 3
ItemFee £Document to be endorsed
A. COMMENCEMENT OF A CAUSE OR MATTER
1

On sealing—

(a)

a Writ of Summons, or

150·00The filed copy
(b)

an originating summons, except for the payment out of court of a sum not exceeding £1,500 or where a fee under section 6 is payable and where no other fee is specifically provided, or,

150·00The filed copy
(c)

a writ of summons or an originating summons under Order 88, or

130·00The filed copy
(d)

an originating notice of motion, except a notice of appeal to the High Court, or

150·00The filed copy
(e)

a petition, except where a fee under section 4 or 6 of this Schedule is payable

150·00The filed copy
2

On sealing an originating summons—

(a)

on approval of a minor settlement

35·00The filed copy
(b)

under section 31 or 32(1) of the Administration of Justice Act 1970 for discovery before commencement of proceedings

30·00The filed copy
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.

40·00The application
B. PROGRESS OF PROCEEDINGS
Interlocutory applications
4

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

40·00The notice or summons
5
(a)

On an ex parte application to a Judge for an injunction

45·00

Ex parte docket or summons or affidavit in support of the application

(b)

On an application to a Master for payment out of monies invested on behalf of a minor

10·00The application
(c)

On an ex parte application before a Master

20·00The ex parte docket
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

80·00The setting down docket
7

On setting down a cause on motion for judgment

40·00The motion or summons
Examination of witness before trial
8

On the examination of a witness before trial

15·00The order
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

35·00The order, judgment or certificate
(b)

On an assessment of interest

10·00 before a MasterThe judgment
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

50·00The notice filed
11

On filing—

(a)

a notice of appeal to the High Court, or

45·00The notice filed
(b)

a case stated or a special case for the opinion of the High Court pursuant to statute and setting the appeal or case down for hearing, or

40·00The case
(c)

a notice of cross-appeal to the High Court, or

30·00The notice filed
(d)

a respondent’s notice of appeal to the High Court

30·00The notice
C. ENFORCEMENT OF JUDGMENTS
Application in aid of enforcement
12

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

10·00The affidavit in support of the application
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—

(i)

on an ex parte application to register an incoming judgment or order

25·00The affidavit in support of the application
(ii)

on providing a certified copy of a judgment or order for use abroad

25·00The affidavit in support of the application
(b)

Under the Maintenance Orders Act 1950 or the Maintenance and Affiliation Orders Act (Northern Ireland) 1966—

(i)

on an ex parte application to register an outgoing order

5·00The affidavit in support of the application
(ii)

on processing an incoming registration

5·00The affidavit or order
(c)

Under the Maintenance Orders

(Facilities for Enforcement) Act 1920—
(i)

on an ex parte application to register an outgoing order

25·00The affidavit in support of the application
(ii)

on processing an incoming registration

25·00The affidavit or order
(d)

Under the Maintenance Orders (Reciprocal Enforcement) Act 1972—

on an ex parte application to register an outgoing order25·00The affidavit or statement in support of the application
Enforcement of Arbitration Award
14

On an application for leave to enforce an arbitration award

25·00The application
D. MISCELLANEOUS PROCEEDINGS OR MATTERS
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

1·00The requisition
16

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

1·00The requisition
17

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

2·00The requisition
18

For a certified copy of a written judgment

7·00The requisition
19

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

1·00The requisition
Bills of Sale
20

On filing—

(a)

any document under the Bills of Sale (Ireland) Acts, 1879 and 1883, other than a fiat of satisfaction

15·00The document filed
(b)

fiat of satisfaction

15·00The application
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

10·00The requisition for
for every additional name if included in the same certificate5·00The requisition for search
(b)

for a continuation of search if made within one calendar month of date of official certificate (the result to be endorsed on each certificate)

5·00The requisition for search
Taking affidavits
22
(a)

On taking an affidavit or an affirmation or a declaration

5·00The affidavit, affirmation or declaration
(b)

In addition thereto for each exhibit referred to and required to be marked

2·00The affidavit, affirmation or declaration
Searches
23

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

5·00The requisition
Writs of Subpoena
24

On sealing a writ of subpoena per person

5·00The requisition

SECTION 2Fees payable in the Central Office

Column 1Column 2Column 3
ItemFee £Document to be endorsed
Admiralty
25
(a)

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

80·00The praecipe
(b)

On the sale of a ship or goods—

(i)

for every £100 or fraction of £100 of the price up to £100,000

2·00(Paid by Transfer)
(ii)

for every £100 or fraction of £100 of the price exceeding £100,000

1·00(Paid by Transfer)
(c)

On entering a reference for hearing by the Registrar

40·00The notice for hearing
(d)

On retaining possession of a ship with or without cargo, or of a ship’s cargo without a ship, per day

6·00(Paid by Transfer)
Court of Appeal
26
(a)

On filing a notice of appeal or case stated

150·00The notice of appeal or requisition
(b)

On filing a notice of cross-appeal

40·00 or a respondent’s notice under Order 59, rule 6(1)The notice

SECTION 4Fees payable in the Bankruptcy and Companies Office

Column 1Column 2Column 3
ItemFee £Document to be endorsed
UNDER THE COMPANIES (NORTHERN IRELAND) ORDER 1986 OR THE INSOLVENCY (NORTHERN IRELAND) ORDER 1989
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

70·00The petition
(b)

On sealing a bankruptcy petition:

(i)

if presented by a debtor or by the personal representative of a deceased debtor

50·00The petition
(ii)

if presented by a creditor or other person

90·00The petition
(c)

On sealing any other petition (one fee only is payable where more than one petition is presented in relation to a partnership)

70·00The petition
(d)

On the hearing of a public examination

30·00The application
30
(a)

On sealing any originating application

70·00The application
(b)

On sealing any other application

35·00The application
The fees in Items 30(a) and (b) are not payable on an application to set aside a statutory demand or an application by the Official Receiver when applying only in that capacity
UNDER THE BANKRUPTCY ACTS (NORTHERN IRELAND) 1857 TO 1980
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

30·00The notice, summons, affidavit or report
32

On a bond

10·00The bond
MISCELLANEOUS
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

5·00The search docket

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.