Supreme Court and High Court (Fees) Order 2014.S.I. No. 24/2014


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S.I. No. 24/2014 - Supreme Court and High Court (Fees) Order 2014.

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Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 31st January, 2014.

I, ALAN SHATTER, Minister for Justice and Equality, in exercise of the powers conferred on me by section 65 (as amended by section 66 of the Civil Law (Miscellaneous Provisions) Act 2011 (No. 23 of 2011)) of the Courts of Justice Act 1936 (No. 48 of 1936) (as adapted by the Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 138 of 2011 )), with the consent of the Minister for Public Expenditure and Reform, hereby order as follows:

1. (1) This Order may be cited as the Supreme Court and High Court (Fees) Order 2014.

(2) This Order comes into operation on 3 February 2014.

2. In this Order, "Official Assignee" has the same meaning as in section 3 (as amended by section 27 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 ) (No. 32 of 2013)) of the Bankruptcy Act 1988 (No. 27 of 1988).

3. There shall be charged in the offices attached to the Supreme Court, the High Court and the President of the High Court and in district probate registries, in respect of each item set out in column (1) of each Part of Schedule 1, the fee set out in column (2) of the Part concerned opposite the mention of the item.

4. (1) In each financial year there shall be payable, by way of court fees, the percentages specified in Part 1 of Schedule 2 on the annual income arising in that year from the property of every person of unsound mind under the jurisdiction vested in the High Court by section 9 of the Courts (Supplemental Provisions) Act 1961 (No. 39 of 1961), and the provisions of the said Part 1 shall be in substitution for the provisions of section 109 of the Lunacy Regulation (Ireland) Act 1871 .

(2) In each financial year there shall be payable, by way of court fees, the percentages specified in Part 2 of Schedule 2 on the annual income arising in that year from the property of every minor under the jurisdiction vested in the High Court by the said section 9.

5. No fee shall be payable under this Order in connection with-

(a) proceedings under Article 40.4 of the Constitution,

(b) proceedings under the Extradition Acts 1965 to 2012,

(c) proceedings under the European Arrest Warrant Acts 2003 and 2012,

(d) bail proceedings, or

(e) an application (in proceedings for a criminal offence) for judicial review under Order 84 Rule 18 (inserted by Rule 2 of the Rules of the Superior Courts (Judicial Review) 2011 ( S.I. No 691 of 2011 )) of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ).

6. (1) No fee shall be payable under this Order in connection with-

(a) family law proceedings,

(b) matrimonial causes or matters,

(c) proceedings under the Adoption Acts 2010 and 2011, or

(d) proceedings brought by the Health Service Executive under-

(i) the Children Acts 1908 to 1989,

(ii) the Guardianship of Children Acts 1964 to 1997, or

(iii) the Child Care Acts 1991 to 2013.

(2) No fee shall be payable under this Order in contravention of paragraph 3 of Article 5 of the Luxembourg Convention (within the meaning of the Child Abduction and Enforcement of Custody Orders Act 1991 (No. 6 of 1991)).

(3) No fee shall be payable under this Order in connection with proceedings to which section 5 (5) of the Immigration Act 1999 (No. 22 of 1999) applies.

7. No fee, other than in respect of the items at reference number 74 or 75 of Part 3 of Schedule 1, shall be payable under this Order by, or on behalf of, the Insolvency Service of Ireland in connection with proceedings under the Personal Insolvency Act 2012 (No. 44 of 2012).

8. No fee shall be payable under this Order in connection with proceedings to which section 3 of the Environment (Miscellaneous Provisions) Act 2011 (No. 20 of 2011) applies.

9. No fee shall be payable under this Order by, or on behalf of, any person represented in any proceedings (whether civil or criminal) by-

(a) the Chief State Solicitor,

(b) the Chief Prosecution Solicitor, or

(c) a local State Solicitor acting in that capacity.

10. Where an application by a party to commercial proceedings to have those proceedings transferred to the commercial list of the High Court is refused, there shall be refunded to the applicant the fee paid, in connection with that application, in respect of the item at reference number 17(a) in column (1) of Part 3 of Schedule 1, less an amount equal to the fee specified in column (2) of Part 3 of Schedule 1 opposite reference number 12.

11. The Supreme Court and High Court (Fees) (No. 2) Order 2013 ( S.I. No. 466 of 2013 ) is hereby revoked.

SCHEDULE 1

ARRANGEMENT OF PARTS

PART 1 - Fees payable in the Offices attached to the Supreme Court and the High Court and in the District Probate Registries for copies of documents

PART 2 - Fees payable in the Office of the Registrar of the Supreme Court

PART 3 - Fees payable in the Central Office and the Examiner’s Office

A Originating Summonses, etc.

B Appearances

C Affidavits, etc.

D Notices of Motion, etc.

E Setting Down, etc.

F Orders

G Certificates, etc.

H Searches and Inspections

I Bill of Sale

J Bonds, etc.

K Powers of Attorney

L Enrolment

M Admiralty

N Bankruptcy

O Petitions, Applications and Appeals under the Solicitors Acts 1954 to 2011

P Proceedings under the Personal Insolvency Act 2012

PART 4 - Fees payable in the Accountant’s Office

PART 5 - Fees payable in the Taxing-Masters’ Office

PART 6 - Fees payable in the Office of Wards of Court

PART 7 - Fees payable in the Probate Office and District Probate

Registries

PART 1

FEES PAYABLE IN THE OFFICES ATTACHED TO THE SUPREME COURT AND THE HIGH COURT AND

IN THE DISTRICT PROBATE REGISTRIES FOR COPIES OF DOCUMENTS

Item(1)

Fee(2)

1

(a) Subject to paragraph (b), for issuing a printed copy of a document on a court file whether attested or plain, other than a copy of a judgment (b) for making an attested copy of a criminal appeal transcript

€15.00€0.80 per page

2

For provision of a copy judgment

€14.00 plus an additional €1.00 in respect of every 4 pages photocopied

3

For examining a copy of any document and marking it as an attested copy

€6.50 per page

4

For a photographic copy of a plan, map, section, drawing, photograph or diagram

€6.50

5

For signing and certifying a document for proof pursuant to the Evidence Act 1851

€6.50 per page

PART 2

FEES PAYABLE IN THE OFFICE OF THE REGISTRAR OF THE SUPREME COURT

Item(1)

Fee(2)

1

On filing a notice of motion of appeal to the Supreme Court (other than an appeal under the Workmens Compensation Acts 1934 to 1955)

€250.00

2

On filing any notice of motion to the Supreme Court (other than a notice of motion of appeal)

€65.00

3

On filing or lodging a case stated

€70.00

4

On filing an affidavit

€20.00

5

(a) On lodging a notice or other document for service, and (b) in addition thereto, for each copy to be transmitted

€6.50€1.00 (but not more, for any number of copies, than €90.00)

6

On a petition or on an application for appointment as Notary Public or Commissioner for Oaths

€85.00

7

On a commission appointing a Notary Public or Commissioner for Oaths

€330.00

PART 3

FEES PAYABLE IN THE CENTRAL OFFICE AND THE EXAMINER’S OFFICE

Item(1)

Fee(2)

A Originating Summonses, etc.

1

On sealing a -

(i) plenary summons,

(ii) special summons, or

(iii) summary summons in a claim to which Rule 1(2), 1(3) or 2 of Order 2 of the Rules of the Superior Courts applies,and filing a copy

€190.00

2

On sealing a -

(i) concurrent plenary summons,

(ii) concurrent special summons, or

(iii) concurrent summary summons in a claim to which Rule 1(2), 1(3) or 2 of Order 2 of the Rules of the Superior Courts applies

€190.00

3

On sealing a summary summons or a concurrent summary summons in a claim to which Rule 1(1) of Order 2 of the Rules of the Superior Courts applies, where the claim -

(i) does not exceed €100,000.00 on the date of issue of the summons,

(ii) is greater than €100,000.00 but does not exceed €150,000.00 on the date of issue of the summons,

(iii) is greater than €150,000.00 but does not exceed €500,000.00 on the date of issue of the summons,

(iv) is greater than €500,000.00 but does not exceed €1,000,000.00 on the date of issue of the summons,

(v) is greater than €1,000,000.00 on the date of issue of the summons

€150.00

€170.00

€190.00

€250.00

€400.00

4

On filing a petition

€190.00

5

On any originating ex parte application (excepting habeas corpus), in addition to fee on filing affidavit

€190.00

6

On sealing any order under Rule 1 or Rule 18 of Order 84 of the Rules of the Superior Courts

€24.00

7

On sealing a third party notice

€60.00

8

On filing any originating notice of motion (in addition to filing an affidavit)

€190.00

B Appearances

9

On entering an appearance

€60.00

C Affidavits, etc.

10

On filing an affidavit

€20.00

11

On filing a script annexed to an affidavit of scripts

€20.00 (not to exceed, for any number of scripts, €150.00)

D Notices of Motion, etc.

12

On filing a notice of motion

€60.00

13

On every - (i) ex parte application, or (ii) other application to the court otherwise not specifically provided for

€60.00

14

On filing a notice other than a notice to which the items at reference numbers 12, 15 and 16 of this column relate

€60.00

15

On filing a notice of appeal from the Master

€60.00

16

On lodging a notice of appeal from the Circuit Court to the High Court

€130.00

17

(a) Subject to paragraph (b), on filing a notice of motion for entry of proceedings in the Commercial List of the High Court (b) On filing a notice of motion in the Commercial List of the High Court in proceedings that were entered in that list prior to 10 April 2012

€5,000.00€60.00

E Setting Down, etc.

18

On setting down an action for trial

€250.00

19

On filing or lodging a case stated

€70.00

F Orders.

20

On every witness summons (i.e. subpoena ad testificandum or duces tecum)

€20.00

21

Commission to examine witness or request in lieu of

€20.00

22

On entering judgment in the Central Office in default of appearance or of pleading (in addition to filing affidavits)

€85.00

G Certificates, etc.

23

On a certificate of pleadings or proceedings

€15.00

24

On a certificate under Order 36, Rule 39, of the Rules of the Superior Courts

€25.00

25

On a sale under an order of the Court of-

(a) any lands or hereditaments, or

(b) any business (including the goodwill thereof), or

(c) any chattels, confirmed or approved by order or certificate:

for every €100.00 of the price

€2.50

(Note: If for any reason after payment of this fee the sale is not completed and the property is subsequently sold to another purchaser, credit is to be given for the fee already paid on the abortive sale against the fee payable on the completed sale; but in no case is any of the fee paid on the abortive sale to be re-paid)

26

On taking account of moneys received by a person liable to account for same -

for every €100.00 of the amount received or, in the case of a Company being wound up by the Court

for every €100.00 of the moneys received by the Liquidator in realisation of the assets of the Company

€4.00

27

On taking an account of moneys due to any person (other than moneys due to any person by a company or society being wound up by the Court) - for every €100.00 of the amount found

€2.50

28

On an inquiry to ascertain the person or persons interested in any property or entitled thereto as next-of-kin or heir-at-law or otherwise-

(a) in all cases, save those set out in paragraph (b), for every €100 of the value of the property

(b) on an enquiry to ascertain the next-of-kin or heir-at-law of any person-

(i) where such person is an ancestor of such next-of-kin or heir-at-law, or where the common ancestor is a parent

(ii) where the common ancestor is a grand- parent

(iii) where the common ancestor is a great-grandparent or a more remote ancestor

€2.50

€17.00

€30.00

€55.00

29

On ascertaining pursuant to an order-

(a) the outstanding estate of a deceased person,

(b) any property subject to a trust, mortgage or charge, or

(c) any partnership assets,- for every €100.00 of the amount of value thereof

(The amount on which this fee is payable shall not include any outstanding debt believed to be bad or irrecoverable, but shall include all sums paid after the commencement of the proceedings to creditors or to persons beneficially interested)

€2.50

(only one fee shall be chargeable in respect of any particular property or moneys in respect of Item Nos. 26 to 29 inclusive)

30

On settling- (a) a scheme for the management of a charity, or a scheme where the amount involved does not exceed €1,500.00,

(b) any other scheme

€75.00

€130.00

31

On signing, settling or approving-

(a) any advertisement, or authority for a broadcast announcement, for any person entitled as next-of-kin, heir-at-law or otherwise to share in any property:

(i) for the first advertisement or authority signed in respect of any person or persons

(ii) for any subsequent advertisement or authority signed in respect of the person or persons,

(b) any other advertisement

€80.00€55.00€55.00

32

On the examination of a witness-

(a) before an officer of the Court in his or her office (otherwise than for the purpose of any inquiry, taxation of costs or other proceedings before the officer) - for each hour or part of an hour

(b) by an officer of the Court away from his or her office- for each day or part of a day

€20.00 and an amount equal to the reasonable expenses of the officer

€75.00 and an amount equal to the reasonable expenses of the officer

33

On every application for an endorsement of a certificate for registration of a judgment mortgage in the Property Registration Authority

€20.00

H Searches and Inspections

34

On an application to inspect any document filed or deposited in the Central Office more than three years before such application, unless otherwise expressly provided for by this Order

€15.00(to be charged whether or not a copy of the document is bespoken)

35

On a memorandum for the registration of-

(a) a decree of the District Court

(b) a judgment of the Circuit Court

(c) a judgment of the High Court

€25.00€25.00€25.00

36

On a memorandum for the re-entry of a judgment, decree, order or rule pursuant to the Judgments (Ireland) Act 1844

€25.00

37

On a memorandum for the registration of a lis pendens pursuant to the said Act

€25.00

38

On a memorandum for the re- entry of a lis pendens pursuant to the said Act

€25.00

39

On a requisition for liberty to search pursuant to the said Act- for each person searched against

€25.00 (not to be charged if a requisition for an official search is lodged)

40

On a memorandum for registration of the satisfaction or vacate of any judgment, bond or recognizance, decree, rule or order or for the re-docketing of any bonds or recognizances pursuant to the Land Transfer (Ireland) Act 1848

€25.00

41

On a requisition for a search for judgments or revivals entered up before 15 July 1850, and for decrees, rules, orders or civil bill decrees for poor rates made before 15 July 1850, and for lites pendentes registered against any person and for recognizances and bonds, judgments, statutes, inquisitions and acceptances of office registered or re-registered against the same person

€25.00

42

On a requisition for a search for judgments, revivals, decrees, rules, orders, lites pendentes, and civil bill decrees for poor rates registered or re-registered against any person and for recognizances and bonds, judgments, statutes, inquisitions and acceptances of office registered or re-registered against the same person

€25.00

43

On a requisition for a duplicate of a search pursuant to the Judgments Registry (Ireland) Act 1871

€25.00

44

On a memorandum of vacate of a lis pendens

€25.00

I Bills of Sale

45

On filing a bill of sale

€20.00

46

For a search in the bills of sale index

€25.00(to be charged whether or not a copy of the document is bespoken)

47

For inspecting any bill of sale

€10.00(to be charged whether or not a copy of the document is bespoken)

J Bonds, etc.

48

On filing any recognizance or bond in the Central Office and giving a certificate thereof

€20.00

K Powers of Attorney

49

On depositing a power of attorney in the Central Office pursuant to the Conveyancing Act 1881

€20.00

50

For a search for a power of attorney so deposited, and for inspecting the same and the affidavit or other documents deposited therewith

€25.00(to be charged whether or not a copy of the document is bespoken)

L Enrolment

51

On enrolling any deed or document - for each 10 folios or part of 10 folios

€60.00

M Admiralty

52

On a certificate under Order 64, Rule 46, paragraph 9, of the Rules of the Superior Courts

€55.00

53

On issuing any instrument under Order 64, Rule 56, of the Rules of the Superior Courts

€55.00

54

On appointing and swearing appraisers

€55.00

55

On delivering up a ship or goods to a purchaser

€80.00

56

On the sale of a ship or goods- for every €100.00 or fraction of €100.00 of the price

€11.50

57

For attending the discharge of a cargo or the removal of a ship or goods, per day

€80.00

58

For retaining possession of a ship with or without a cargo, or of a ships cargo without a ship, per day

€10.00

59

For executing a warrant or commission

€55.00

60

For releasing a ship and cargo, or either of them

€25.00 (and an amount equal to -

(a) the reasonable expenses per day of supplying a shipkeeper or shipkeepers where such is or are employed;

(b) the reasonable travelling and subsistence expenses of the officer for the time being exercising the functions formerly exercised by the Admiralty Marshal, if such officer is required, for the purpose of carrying out any of the above duties, to travel more than five miles from his or her office.)

N Bankruptcy

61

On every petition of bankruptcy

€190.00

62

On every petition of arrangement

€190.00

63

On every petition under Part VI of the Bankruptcy Act 1988

€190.00

64

On every bankruptcy summons

€190.00

65

On every bond, with or without sureties

€15.00

66

On every subpoena or summons (other than a bankruptcy summons)

€20.00

67

On every affidavit

€20.00

68

(a) On filing a notice of intention to show cause

(b) On filing a charge or discharge

€55.00€25.00

69

On filing a charge or discharge

€25.00

70

For a search by any person other than the bankrupt, the arranging debtor, the Official Assignee or the trustee in the matter

€10.00

71

On commission to examine a witness

€15.00

72

On making a plain copy of any document or form

€15.00 for document

O Petitions, Applications and Appealsunder the Solicitors Acts 1954 to 2011

73

On lodging a notice of motion of application or a notice or motion of appeal under the Solicitors Acts 1954 to 2011 or on presenting a petition under Part III of Order 53 of the Rules of the Superior Courts

€190.00

P Applications under the Personal Insolvency Act 2012

74

On every furnishing under section 61 (1)(a) of the Personal Insolvency Act 2012 of an application for a protective certificate

€75.00

75

On every furnishing under section 95 (1)(a) of the Personal Insolvency Act 2012 of an application for a protective certificate

€150.00

PART 4

FEES PAYABLE IN THE ACCOUNTANT’S OFFICE

Item (1)

Fee (2)

1

On a direction by the court or the Accountant to pay or invest or place money on deposit or transfer stock or shares, where the amount or value exceeds €100.00 - for every €100.00 or part thereof in excess of the first €100.00

€1.15 (fee not to exceed €1,200.00 in any case)

2

On a certificate of the amount and description of funds to credit of any account in the books of the accountant

€20.00

3

On a transcript of an account

€20.00

4

On a request for lodgement of funds in court without an order

€20.00

5

On a request to the accountant for payment of money out of court without an order

€20.00

6

On lodging a power of attorney

€20.00

7

On a request for a certificate of the lodgement of any funds in court

€20.00

PART 5

FEES PAYABLE IN THE TAXING-MASTERS’ OFFICE

Item (1)

Fee (2)

A taxing-master may in any case require the bill of costs to be stamped before taxation with the amount of fees which would be payable if the bill were allowed by him or her at the full amount thereof, including, in cases under the Solicitors (Ireland) Act 1849 , the fee payable in respect of the cash account.

1

On a notice to tax, except on an ex parte taxation

€275.00

2

On the taking of a cash account between the solicitor and his or her client on a taxation under the Solicitors (Ireland) Act 1849 or otherwise -

for every €100.00 or fraction of €100.00 of the amounts found to have been received and paid

€1.00

3

On the taxation of a bill of costs-

for every full €100.00 in the amount allowed (including witnesses expenses)

€8.00 (Credit is to be given for the fee paid in respect of item 1 above)

4

On the issue of a certificate of taxation

€68.00

5

On carrying in objections to the allowance or disallowance of any item or items in a bill of costs

€68.00

6

On a report of a taxing master as to the grounds of his or her decision to allow or disallow any item or items in a bill of costs

€24.00

7

On a report of a taxing master as to security for costs in a matrimonial case

€24.00

PART 6

FEES PAYABLE IN THE OFFICE OF WARDS OF COURT

Item(1)

Fee(2)

1

On every declaration order under section 68 or section 70 of the Lunacy Regulation (Ireland) Act 1871

€60.00

2

On every declaration order under section 12 or section 15 of the said Act

€60.00

3

On every order taking a person into wardship as a minor

€60.00

4

On every discharge and dismissal order

€60.00

5

On every order for the purchase or sale of property

€60.00

6

On every order authorising building projects such as construction of houses and extensions

€60.00

7

On every order authorising the Accountant of the Courts of Justice to make a recurring payment

€60.00

8

Every certificate of enduring power of attorney

€60.00

9

On measuring a bill of costs and certifying the amount thereof- for every €20.00 or part thereof allowed

€1.50

10

For taking and certifying the result of an account- for each €200 found to have been received without deducting any payment

€1.50 (but fee not to exceed €50.00)

11

On exemplifying any copy of an order

€15.00

12

For making an attested copy of a document (other than a first copy of an order)

€15.00

PART 7

FEES PAYABLE IN THE PROBATE OFFICE AND DISTRICT PROBATE REGISTRIES

Item(1)

Fee(2)

1

For every order of a Probate Officer, Assistant Probate Officer or District Probate Registrar

€25.00

2

For every certificate signed by a judge as to the authority of any person to act in a specified capacity or for any similar certificate

€25.00

3

For every notice of application not filed at time of lodgement of full set of papers of application of grant

€20.00

4

For every consent to withdrawal of caveats, warnings, etc.

€25.00

5

For filing any other document (except those filed at time of lodgement of full set of papers) of application for a grant

€15.00

6

For every notice of change of solicitor

€25.00

7

On the submission to the Probate Office or the District Probate Registry of an application for a primary grant of representation-

(a) where the net value of the estate does not exceed

€75,000.00

€100.00

€87,500.00

€110.00

€100,000.00

€120.00

€112,500.00

€125.00

€125,000.00

€135.00

(b) where the net value of the estate exceeds €125,000.00 but does not exceed €300,000.00

(i) for the first €125,000.00,

€135.00

and

(ii) for every €12,500.00 or fraction thereof by which the value exceeds €125,000.00 a further fee of

€12.00

(e.g.

€137,500.00

(€147.00

€150,000.00

€159.00

€162,500.00

€171.00

€175,000.00

€183.00

€187,500.00

€195.00

€200,000.00

€207.00

€212,500.00

€219.00

€225,000.00

€231.00

€237,500.00

€243.00

€250,000.00

€255.00

€262,500.00

€267.00

€275,000.00

€279.00

€287,500.00

€291.00

€300,000.00)

€291.00)

(c) where the net value of the estate exceeds €300,000.00-

(i) for the first €300,000.00,

€303.00

and

(ii) for every €31,250.00 or fraction thereof by which the value exceeds €300,000.00 a further fee of

€12.00

(e.g.

€331,250.00

(€315.00

€362,500.00)

€327.00)

8

For every double, cessate, unadministered or duplicate grant of representation

€120.00

9

On every occasion on which an application for a grant of representation is re-submitted to the Probate Office or the District Probate Registry

€40.00

10

Where any grant is sought by personal application

The total fee payable (inclusive of the court fee) shall be double the appropriate amount that would be chargeable under the item at reference number 7 or 8 of column (1) of this Part, as applicable, were the grant not sought by personal application

11

For every affidavit not filed at the time of lodgement of a full set of application papers for a grant

€20.00

12

For lodging or re-entering any motion paper, whether ex parte or on notice

€40.00

13

For every first copy of a court order or side bar order

€20.00 (This fee shall not be chargeable where the order is made in chambers pursuant to section 36 of the Succession Act 1965 and the copy is bespoken by the intended grantee or his or her solicitor)

14

On lodgement of a corrective affidavit

The correct fee under the item at reference number 7 or 10 of column (1) of this Part as appropriate less the amount of the fee previously charged subject to a minimum fee of €30

15

For the entry of any caveat

€50.00

16

For filing any warning, citation or subpoena or any appearance to any warning, citation or subpoena

€25.00

17

For the withdrawal of any caveat

€20.00

18

For the withdrawal of any application

€20.00

19

For settling any advertisement in connection with a citation or otherwise

€15.00

20

For every search made by an applicant for a will or for any record of a grant or any other document filed in the Probate Office or in a District Probate Registry, including the inspection of any original will or codicil or any record of a grant

€10.00

21

For every similar search made by an Officer of the Probate Office or of a District Probate Registry for which the Officer is requested to search

€15.00

22

For all searches made on any one day by the representative of a newspaper or group of newspapers (The representative must state on the search docket his or her name and that of the newspaper or group of newspapers which he or she represents)

€100.00

23

For any official copy of any will, grant or other document (other than an inland revenue affidavit)

€10.00

24

For a sealed and certified copy will or grant

€15.00

25

For a sealed and certified copy will and grant bespoken at the same time

€20.00

26

For making an attested copy of an inland revenue affidavit

€15.00

SCHEDULE 2

PERCENTAGES PAYABLE IN THE OFFICE OF THE WARDS OF COURT

PART 1

LUNACY PERCENTAGES

1. In this Part "clear annual income" does not include the following payments:

(a) unemployment assistance;

(b) old age (non-contributory) pension;

(c) widow’s (non-contributory) pension;

(d) widower’s (non-contributory) pension;

(e) deserted wife’s allowance;

(f) prisoner’s wife’s allowance;

(g) one-parent family payment;

(h) blind pension.

2. Subject to paragraph 3, a percentage on the clear annual income of each ward of court found to be of unsound mind and whose clear annual income is not less than €900 shall be payable according to the following rates:

(a) where the clear annual income is not less than €900 but is less than €2,250, 2.5 per cent of the clear annual income;

(b) where the clear annual income is not less than €2,250 but is less than €4,500, 3 per cent of the clear annual income;

(c) where the clear annual income is not less than €4,500, 4 per cent of the clear annual income, subject to a maximum payment of €750.

3. Any fractional part of €1.00 in the amount of a percentage shall be disregarded and shall not be levied or paid.

PART 2

MINOR PERCENTAGES

1. A percentage on the clear annual income of each minor taken into the wardship of the High Court shall be payable at the same rates as apply to the incomes of wards of court who are of unsound mind, save that the percentage shall be charged only on that part of the clear annual income that exceeds €900.

2. Where a minor has an interest in property, the Registrar of Wards of Court may apportion as remuneration for any services rendered by the minor in connection therewith such part of the profits accruing to him from the property as appears to the Registrar to be reasonable and no percentage shall be charged on the amount thus apportioned.

PART 3

CALCULATION, COLLECTION AND DISPOSAL

The rules heretofore in operation under the Lunacy Regulation (Ireland) Act 1871 with respect to the method of calculation, collection and disposal of the percentage charged on the incomes of persons of unsound mind shall continue to apply to the percentage charged on such incomes under this Order and shall apply likewise or in an analogous manner to the percentage charged on the incomes of minors under this Order. Where, in any such rule, reference is made to the death of a person of unsound mind, the reference shall, in its application to a minor, include a reference to the minor’s attaining the age of 18.

The Minister for Public Expenditure and Reform consents to the making of the foregoing Order.

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GIVEN under the Official Seal of the Minister for Public Expenditure and Reform,

28 January 2014.

BRENDAN HOWLIN,

Minister for Public Expenditure and Reform.

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GIVEN under my Official Seal,

28 January 2014.

ALAN SHATTER,

Minister for Justice and Equality.

EXPLANATORY NOTE

(This note does not form part of the instrument and does not purport to be a legal interpretation)

This order revokes the Supreme Court and High Court (Fees) (No.2) Order, 2013 ( S.I. No 466 of 2013 ).

This order provides for the fees to be charged with effect from 3 February 2014, in the Office of the Registrar of the Supreme Court, the Central Office, the Examiner’s Office, the Taxing Master’s Office, the Accountant’s Office, the Office of Wards of Court, the Probate Office and District Probate Office and District Probate Registries.

In addition, the Order provides for the exemption from fees of certain proceedings, including family law proceedings
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Supreme Court and High Court (Fees) Order 2014.S.I. No. 24/2014

S.I. No. 24/2014 - Supreme Court and High Court (Fees) Order 2014.

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Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 31st January, 2014.

I, ALAN SHATTER, Minister for Justice and Equality, in exercise of the powers conferred on me by section 65 (as amended by section 66 of the Civil Law (Miscellaneous Provisions) Act 2011 (No. 23 of 2011)) of the Courts of Justice Act 1936 (No. 48 of 1936) (as adapted by the Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 138 of 2011 )), with the consent of the Minister for Public Expenditure and Reform, hereby order as follows:

1. (1) This Order may be cited as the Supreme Court and High Court (Fees) Order 2014.

(2) This Order comes into operation on 3 February 2014.

2. In this Order, "Official Assignee" has the same meaning as in section 3 (as amended by section 27 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 ) (No. 32 of 2013)) of the Bankruptcy Act 1988 (No. 27 of 1988).

3. There shall be charged in the offices attached to the Supreme Court, the High Court and the President of the High Court and in district probate registries, in respect of each item set out in column (1) of each Part of Schedule 1, the fee set out in column (2) of the Part concerned opposite the mention of the item.

4. (1) In each financial year there shall be payable, by way of court fees, the percentages specified in Part 1 of Schedule 2 on the annual income arising in that year from the property of every person of unsound mind under the jurisdiction vested in the High Court by section 9 of the Courts (Supplemental Provisions) Act 1961 (No. 39 of 1961), and the provisions of the said Part 1 shall be in substitution for the provisions of section 109 of the Lunacy Regulation (Ireland) Act 1871 .

(2) In each financial year there shall be payable, by way of court fees, the percentages specified in Part 2 of Schedule 2 on the annual income arising in that year from the property of every minor under the jurisdiction vested in the High Court by the said section 9.

5. No fee shall be payable under this Order in connection with-

(a) proceedings under Article 40.4 of the Constitution,

(b) proceedings under the Extradition Acts 1965 to 2012,

(c) proceedings under the European Arrest Warrant Acts 2003 and 2012,

(d) bail proceedings, or

(e) an application (in proceedings for a criminal offence) for judicial review under Order 84 Rule 18 (inserted by Rule 2 of the Rules of the Superior Courts (Judicial Review) 2011 ( S.I. No 691 of 2011 )) of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ).

6. (1) No fee shall be payable under this Order in connection with-

(a) family law proceedings,

(b) matrimonial causes or matters,

(c) proceedings under the Adoption Acts 2010 and 2011, or

(d) proceedings brought by the Health Service Executive under-

(i) the Children Acts 1908 to 1989,

(ii) the Guardianship of Children Acts 1964 to 1997, or

(iii) the Child Care Acts 1991 to 2013.

(2) No fee shall be payable under this Order in contravention of paragraph 3 of Article 5 of the Luxembourg Convention (within the meaning of the Child Abduction and Enforcement of Custody Orders Act 1991 (No. 6 of 1991)).

(3) No fee shall be payable under this Order in connection with proceedings to which section 5 (5) of the Immigration Act 1999 (No. 22 of 1999) applies.

7. No fee, other than in respect of the items at reference number 74 or 75 of Part 3 of Schedule 1, shall be payable under this Order by, or on behalf of, the Insolvency Service of Ireland in connection with proceedings under the Personal Insolvency Act 2012 (No. 44 of 2012).

8. No fee shall be payable under this Order in connection with proceedings to which section 3 of the Environment (Miscellaneous Provisions) Act 2011 (No. 20 of 2011) applies.

9. No fee shall be payable under this Order by, or on behalf of, any person represented in any proceedings (whether civil or criminal) by-

(a) the Chief State Solicitor,

(b) the Chief Prosecution Solicitor, or

(c) a local State Solicitor acting in that capacity.

10. Where an application by a party to commercial proceedings to have those proceedings transferred to the commercial list of the High Court is refused, there shall be refunded to the applicant the fee paid, in connection with that application, in respect of the item at reference number 17(a) in column (1) of Part 3 of Schedule 1, less an amount equal to the fee specified in column (2) of Part 3 of Schedule 1 opposite reference number 12.

11. The Supreme Court and High Court (Fees) (No. 2) Order 2013 ( S.I. No. 466 of 2013 ) is hereby revoked.

SCHEDULE 1

ARRANGEMENT OF PARTS

PART 1 - Fees payable in the Offices attached to the Supreme Court and the High Court and in the District Probate Registries for copies of documents

PART 2 - Fees payable in the Office of the Registrar of the Supreme Court

PART 3 - Fees payable in the Central Office and the Examiner’s Office

A Originating Summonses, etc.

B Appearances

C Affidavits, etc.

D Notices of Motion, etc.

E Setting Down, etc.

F Orders

G Certificates, etc.

H Searches and Inspections

I Bill of Sale

J Bonds, etc.

K Powers of Attorney

L Enrolment

M Admiralty

N Bankruptcy

O Petitions, Applications and Appeals under the Solicitors Acts 1954 to 2011

P Proceedings under the Personal Insolvency Act 2012

PART 4 - Fees payable in the Accountant’s Office

PART 5 - Fees payable in the Taxing-Masters’ Office

PART 6 - Fees payable in the Office of Wards of Court

PART 7 - Fees payable in the Probate Office and District Probate

Registries

PART 1

FEES PAYABLE IN THE OFFICES ATTACHED TO THE SUPREME COURT AND THE HIGH COURT AND

IN THE DISTRICT PROBATE REGISTRIES FOR COPIES OF DOCUMENTS

Item(1)

Fee(2)

1

(a) Subject to paragraph (b), for issuing a printed copy of a document on a court file whether attested or plain, other than a copy of a judgment (b) for making an attested copy of a criminal appeal transcript

€15.00€0.80 per page

2

For provision of a copy judgment

€14.00 plus an additional €1.00 in respect of every 4 pages photocopied

3

For examining a copy of any document and marking it as an attested copy

€6.50 per page

4

For a photographic copy of a plan, map, section, drawing, photograph or diagram

€6.50

5

For signing and certifying a document for proof pursuant to the Evidence Act 1851

€6.50 per page

PART 2

FEES PAYABLE IN THE OFFICE OF THE REGISTRAR OF THE SUPREME COURT

Item(1)

Fee(2)

1

On filing a notice of motion of appeal to the Supreme Court (other than an appeal under the Workmens Compensation Acts 1934 to 1955)

€250.00

2

On filing any notice of motion to the Supreme Court (other than a notice of motion of appeal)

€65.00

3

On filing or lodging a case stated

€70.00

4

On filing an affidavit

€20.00

5

(a) On lodging a notice or other document for service, and (b) in addition thereto, for each copy to be transmitted

€6.50€1.00 (but not more, for any number of copies, than €90.00)

6

On a petition or on an application for appointment as Notary Public or Commissioner for Oaths

€85.00

7

On a commission appointing a Notary Public or Commissioner for Oaths

€330.00

PART 3

FEES PAYABLE IN THE CENTRAL OFFICE AND THE EXAMINER’S OFFICE

Item(1)

Fee(2)

A Originating Summonses, etc.

1

On sealing a -

(i) plenary summons,

(ii) special summons, or

(iii) summary summons in a claim to which Rule 1(2), 1(3) or 2 of Order 2 of the Rules of the Superior Courts applies,and filing a copy

€190.00

2

On sealing a -

(i) concurrent plenary summons,

(ii) concurrent special summons, or

(iii) concurrent summary summons in a claim to which Rule 1(2), 1(3) or 2 of Order 2 of the Rules of the Superior Courts applies

€190.00

3

On sealing a summary summons or a concurrent summary summons in a claim to which Rule 1(1) of Order 2 of the Rules of the Superior Courts applies, where the claim -

(i) does not exceed €100,000.00 on the date of issue of the summons,

(ii) is greater than €100,000.00 but does not exceed €150,000.00 on the date of issue of the summons,

(iii) is greater than €150,000.00 but does not exceed €500,000.00 on the date of issue of the summons,

(iv) is greater than €500,000.00 but does not exceed €1,000,000.00 on the date of issue of the summons,

(v) is greater than €1,000,000.00 on the date of issue of the summons

€150.00

€170.00

€190.00

€250.00

€400.00

4

On filing a petition

€190.00

5

On any originating ex parte application (excepting habeas corpus), in addition to fee on filing affidavit

€190.00

6

On sealing any order under Rule 1 or Rule 18 of Order 84 of the Rules of the Superior Courts

€24.00

7

On sealing a third party notice

€60.00

8

On filing any originating notice of motion (in addition to filing an affidavit)

€190.00

B Appearances

9

On entering an appearance

€60.00

C Affidavits, etc.

10

On filing an affidavit

€20.00

11

On filing a script annexed to an affidavit of scripts

€20.00 (not to exceed, for any number of scripts, €150.00)

D Notices of Motion, etc.

12

On filing a notice of motion

€60.00

13

On every - (i) ex parte application, or (ii) other application to the court otherwise not specifically provided for

€60.00

14

On filing a notice other than a notice to which the items at reference numbers 12, 15 and 16 of this column relate

€60.00

15

On filing a notice of appeal from the Master

€60.00

16

On lodging a notice of appeal from the Circuit Court to the High Court

€130.00

17

(a) Subject to paragraph (b), on filing a notice of motion for entry of proceedings in the Commercial List of the High Court (b) On filing a notice of motion in the Commercial List of the High Court in proceedings that were entered in that list prior to 10 April 2012

€5,000.00€60.00

E Setting Down, etc.

18

On setting down an action for trial

€250.00

19

On filing or lodging a case stated

€70.00

F Orders.

20

On every witness summons (i.e. subpoena ad testificandum or duces tecum)

€20.00

21

Commission to examine witness or request in lieu of

€20.00

22

On entering judgment in the Central Office in default of appearance or of pleading (in addition to filing affidavits)

€85.00

G Certificates, etc.

23

On a certificate of pleadings or proceedings

€15.00

24

On a certificate under Order 36, Rule 39, of the Rules of the Superior Courts

€25.00

25

On a sale under an order of the Court of-

(a) any lands or hereditaments, or

(b) any business (including the goodwill thereof), or

(c) any chattels, confirmed or approved by order or certificate:

for every €100.00 of the price

€2.50

(Note: If for any reason after payment of this fee the sale is not completed and the property is subsequently sold to another purchaser, credit is to be given for the fee already paid on the abortive sale against the fee payable on the completed sale; but in no case is any of the fee paid on the abortive sale to be re-paid)

26

On taking account of moneys received by a person liable to account for same -

for every €100.00 of the amount received or, in the case of a Company being wound up by the Court

for every €100.00 of the moneys received by the Liquidator in realisation of the assets of the Company

€4.00

27

On taking an account of moneys due to any person (other than moneys due to any person by a company or society being wound up by the Court) - for every €100.00 of the amount found

€2.50

28

On an inquiry to ascertain the person or persons interested in any property or entitled thereto as next-of-kin or heir-at-law or otherwise-

(a) in all cases, save those set out in paragraph (b), for every €100 of the value of the property

(b) on an enquiry to ascertain the next-of-kin or heir-at-law of any person-

(i) where such person is an ancestor of such next-of-kin or heir-at-law, or where the common ancestor is a parent

(ii) where the common ancestor is a grand- parent

(iii) where the common ancestor is a great-grandparent or a more remote ancestor

€2.50

€17.00

€30.00

€55.00

29

On ascertaining pursuant to an order-

(a) the outstanding estate of a deceased person,

(b) any property subject to a trust, mortgage or charge, or

(c) any partnership assets,- for every €100.00 of the amount of value thereof

(The amount on which this fee is payable shall not include any outstanding debt believed to be bad or irrecoverable, but shall include all sums paid after the commencement of the proceedings to creditors or to persons beneficially interested)

€2.50

(only one fee shall be chargeable in respect of any particular property or moneys in respect of Item Nos. 26 to 29 inclusive)

30

On settling- (a) a scheme for the management of a charity, or a scheme where the amount involved does not exceed €1,500.00,

(b) any other scheme

€75.00

€130.00

31

On signing, settling or approving-

(a) any advertisement, or authority for a broadcast announcement, for any person entitled as next-of-kin, heir-at-law or otherwise to share in any property:

(i) for the first advertisement or authority signed in respect of any person or persons

(ii) for any subsequent advertisement or authority signed in respect of the person or persons,

(b) any other advertisement

€80.00€55.00€55.00

32

On the examination of a witness-

(a) before an officer of the Court in his or her office (otherwise than for the purpose of any inquiry, taxation of costs or other proceedings before the officer) - for each hour or part of an hour

(b) by an officer of the Court away from his or her office- for each day or part of a day

€20.00 and an amount equal to the reasonable expenses of the officer

€75.00 and an amount equal to the reasonable expenses of the officer

33

On every application for an endorsement of a certificate for registration of a judgment mortgage in the Property Registration Authority

€20.00

H Searches and Inspections

34

On an application to inspect any document filed or deposited in the Central Office more than three years before such application, unless otherwise expressly provided for by this Order

€15.00(to be charged whether or not a copy of the document is bespoken)

35

On a memorandum for the registration of-

(a) a decree of the District Court

(b) a judgment of the Circuit Court

(c) a judgment of the High Court

€25.00€25.00€25.00

36

On a memorandum for the re-entry of a judgment, decree, order or rule pursuant to the Judgments (Ireland) Act 1844

€25.00

37

On a memorandum for the registration of a lis pendens pursuant to the said Act

€25.00

38

On a memorandum for the re- entry of a lis pendens pursuant to the said Act

€25.00

39

On a requisition for liberty to search pursuant to the said Act- for each person searched against

€25.00 (not to be charged if a requisition for an official search is lodged)

40

On a memorandum for registration of the satisfaction or vacate of any judgment, bond or recognizance, decree, rule or order or for the re-docketing of any bonds or recognizances pursuant to the Land Transfer (Ireland) Act 1848

€25.00

41

On a requisition for a search for judgments or revivals entered up before 15 July 1850, and for decrees, rules, orders or civil bill decrees for poor rates made before 15 July 1850, and for lites pendentes registered against any person and for recognizances and bonds, judgments, statutes, inquisitions and acceptances of office registered or re-registered against the same person

€25.00

42

On a requisition for a search for judgments, revivals, decrees, rules, orders, lites pendentes, and civil bill decrees for poor rates registered or re-registered against any person and for recognizances and bonds, judgments, statutes, inquisitions and acceptances of office registered or re-registered against the same person

€25.00

43

On a requisition for a duplicate of a search pursuant to the Judgments Registry (Ireland) Act 1871

€25.00

44

On a memorandum of vacate of a lis pendens

€25.00

I Bills of Sale

45

On filing a bill of sale

€20.00

46

For a search in the bills of sale index

€25.00(to be charged whether or not a copy of the document is bespoken)

47

For inspecting any bill of sale

€10.00(to be charged whether or not a copy of the document is bespoken)

J Bonds, etc.

48

On filing any recognizance or bond in the Central Office and giving a certificate thereof

€20.00

K Powers of Attorney

49

On depositing a power of attorney in the Central Office pursuant to the Conveyancing Act 1881

€20.00

50

For a search for a power of attorney so deposited, and for inspecting the same and the affidavit or other documents deposited therewith

€25.00(to be charged whether or not a copy of the document is bespoken)

L Enrolment

51

On enrolling any deed or document - for each 10 folios or part of 10 folios

€60.00

M Admiralty

52

On a certificate under Order 64, Rule 46, paragraph 9, of the Rules of the Superior Courts

€55.00

53

On issuing any instrument under Order 64, Rule 56, of the Rules of the Superior Courts

€55.00

54

On appointing and swearing appraisers

€55.00

55

On delivering up a ship or goods to a purchaser

€80.00

56

On the sale of a ship or goods- for every €100.00 or fraction of €100.00 of the price

€11.50

57

For attending the discharge of a cargo or the removal of a ship or goods, per day

€80.00

58

For retaining possession of a ship with or without a cargo, or of a ships cargo without a ship, per day

€10.00

59

For executing a warrant or commission

€55.00

60

For releasing a ship and cargo, or either of them

€25.00 (and an amount equal to -

(a) the reasonable expenses per day of supplying a shipkeeper or shipkeepers where such is or are employed;

(b) the reasonable travelling and subsistence expenses of the officer for the time being exercising the functions formerly exercised by the Admiralty Marshal, if such officer is required, for the purpose of carrying out any of the above duties, to travel more than five miles from his or her office.)

N Bankruptcy

61

On every petition of bankruptcy

€190.00

62

On every petition of arrangement

€190.00

63

On every petition under Part VI of the Bankruptcy Act 1988

€190.00

64

On every bankruptcy summons

€190.00

65

On every bond, with or without sureties

€15.00

66

On every subpoena or summons (other than a bankruptcy summons)

€20.00

67

On every affidavit

€20.00

68

(a) On filing a notice of intention to show cause

(b) On filing a charge or discharge

€55.00€25.00

69

On filing a charge or discharge

€25.00

70

For a search by any person other than the bankrupt, the arranging debtor, the Official Assignee or the trustee in the matter

€10.00

71

On commission to examine a witness

€15.00

72

On making a plain copy of any document or form

€15.00 for document

O Petitions, Applications and Appealsunder the Solicitors Acts 1954 to 2011

73

On lodging a notice of motion of application or a notice or motion of appeal under the Solicitors Acts 1954 to 2011 or on presenting a petition under Part III of Order 53 of the Rules of the Superior Courts

€190.00

P Applications under the Personal Insolvency Act 2012

74

On every furnishing under section 61 (1)(a) of the Personal Insolvency Act 2012 of an application for a protective certificate

€75.00

75

On every furnishing under section 95 (1)(a) of the Personal Insolvency Act 2012 of an application for a protective certificate

€150.00

PART 4

FEES PAYABLE IN THE ACCOUNTANT’S OFFICE

Item (1)

Fee (2)

1

On a direction by the court or the Accountant to pay or invest or place money on deposit or transfer stock or shares, where the amount or value exceeds €100.00 - for every €100.00 or part thereof in excess of the first €100.00

€1.15 (fee not to exceed €1,200.00 in any case)

2

On a certificate of the amount and description of funds to credit of any account in the books of the accountant

€20.00

3

On a transcript of an account

€20.00

4

On a request for lodgement of funds in court without an order

€20.00

5

On a request to the accountant for payment of money out of court without an order

€20.00

6

On lodging a power of attorney

€20.00

7

On a request for a certificate of the lodgement of any funds in court

€20.00

PART 5

FEES PAYABLE IN THE TAXING-MASTERS’ OFFICE

Item (1)

Fee (2)

A taxing-master may in any case require the bill of costs to be stamped before taxation with the amount of fees which would be payable if the bill were allowed by him or her at the full amount thereof, including, in cases under the Solicitors (Ireland) Act 1849 , the fee payable in respect of the cash account.

1

On a notice to tax, except on an ex parte taxation

€275.00

2

On the taking of a cash account between the solicitor and his or her client on a taxation under the Solicitors (Ireland) Act 1849 or otherwise -

for every €100.00 or fraction of €100.00 of the amounts found to have been received and paid

€1.00

3

On the taxation of a bill of costs-

for every full €100.00 in the amount allowed (including witnesses expenses)

€8.00 (Credit is to be given for the fee paid in respect of item 1 above)

4

On the issue of a certificate of taxation

€68.00

5

On carrying in objections to the allowance or disallowance of any item or items in a bill of costs

€68.00

6

On a report of a taxing master as to the grounds of his or her decision to allow or disallow any item or items in a bill of costs

€24.00

7

On a report of a taxing master as to security for costs in a matrimonial case

€24.00

PART 6

FEES PAYABLE IN THE OFFICE OF WARDS OF COURT

Item(1)

Fee(2)

1

On every declaration order under section 68 or section 70 of the Lunacy Regulation (Ireland) Act 1871

€60.00

2

On every declaration order under section 12 or section 15 of the said Act

€60.00

3

On every order taking a person into wardship as a minor

€60.00

4

On every discharge and dismissal order

€60.00

5

On every order for the purchase or sale of property

€60.00

6

On every order authorising building projects such as construction of houses and extensions

€60.00

7

On every order authorising the Accountant of the Courts of Justice to make a recurring payment

€60.00

8

Every certificate of enduring power of attorney

€60.00

9

On measuring a bill of costs and certifying the amount thereof- for every €20.00 or part thereof allowed

€1.50

10

For taking and certifying the result of an account- for each €200 found to have been received without deducting any payment

€1.50 (but fee not to exceed €50.00)

11

On exemplifying any copy of an order

€15.00

12

For making an attested copy of a document (other than a first copy of an order)

€15.00

PART 7

FEES PAYABLE IN THE PROBATE OFFICE AND DISTRICT PROBATE REGISTRIES

Item(1)

Fee(2)

1

For every order of a Probate Officer, Assistant Probate Officer or District Probate Registrar

€25.00

2

For every certificate signed by a judge as to the authority of any person to act in a specified capacity or for any similar certificate

€25.00

3

For every notice of application not filed at time of lodgement of full set of papers of application of grant

€20.00

4

For every consent to withdrawal of caveats, warnings, etc.

€25.00

5

For filing any other document (except those filed at time of lodgement of full set of papers) of application for a grant

€15.00

6

For every notice of change of solicitor

€25.00

7

On the submission to the Probate Office or the District Probate Registry of an application for a primary grant of representation-

(a) where the net value of the estate does not exceed

€75,000.00

€100.00

€87,500.00

€110.00

€100,000.00

€120.00

€112,500.00

€125.00

€125,000.00

€135.00

(b) where the net value of the estate exceeds €125,000.00 but does not exceed €300,000.00

(i) for the first €125,000.00,

€135.00

and

(ii) for every €12,500.00 or fraction thereof by which the value exceeds €125,000.00 a further fee of

€12.00

(e.g.

€137,500.00

(€147.00

€150,000.00

€159.00

€162,500.00

€171.00

€175,000.00

€183.00

€187,500.00

€195.00

€200,000.00

€207.00

€212,500.00

€219.00

€225,000.00

€231.00

€237,500.00

€243.00

€250,000.00

€255.00

€262,500.00

€267.00

€275,000.00

€279.00

€287,500.00

€291.00

€300,000.00)

€291.00)

(c) where the net value of the estate exceeds €300,000.00-

(i) for the first €300,000.00,

€303.00

and

(ii) for every €31,250.00 or fraction thereof by which the value exceeds €300,000.00 a further fee of

€12.00

(e.g.

€331,250.00

(€315.00

€362,500.00)

€327.00)

8

For every double, cessate, unadministered or duplicate grant of representation

€120.00

9

On every occasion on which an application for a grant of representation is re-submitted to the Probate Office or the District Probate Registry

€40.00

10

Where any grant is sought by personal application

The total fee payable (inclusive of the court fee) shall be double the appropriate amount that would be chargeable under the item at reference number 7 or 8 of column (1) of this Part, as applicable, were the grant not sought by personal application

11

For every affidavit not filed at the time of lodgement of a full set of application papers for a grant

€20.00

12

For lodging or re-entering any motion paper, whether ex parte or on notice

€40.00

13

For every first copy of a court order or side bar order

€20.00 (This fee shall not be chargeable where the order is made in chambers pursuant to section 36 of the Succession Act 1965 and the copy is bespoken by the intended grantee or his or her solicitor)

14

On lodgement of a corrective affidavit

The correct fee under the item at reference number 7 or 10 of column (1) of this Part as appropriate less the amount of the fee previously charged subject to a minimum fee of €30

15

For the entry of any caveat

€50.00

16

For filing any warning, citation or subpoena or any appearance to any warning, citation or subpoena

€25.00

17

For the withdrawal of any caveat

€20.00

18

For the withdrawal of any application

€20.00

19

For settling any advertisement in connection with a citation or otherwise

€15.00

20

For every search made by an applicant for a will or for any record of a grant or any other document filed in the Probate Office or in a District Probate Registry, including the inspection of any original will or codicil or any record of a grant

€10.00

21

For every similar search made by an Officer of the Probate Office or of a District Probate Registry for which the Officer is requested to search

€15.00

22

For all searches made on any one day by the representative of a newspaper or group of newspapers (The representative must state on the search docket his or her name and that of the newspaper or group of newspapers which he or she represents)

€100.00

23

For any official copy of any will, grant or other document (other than an inland revenue affidavit)

€10.00

24

For a sealed and certified copy will or grant

€15.00

25

For a sealed and certified copy will and grant bespoken at the same time

€20.00

26

For making an attested copy of an inland revenue affidavit

€15.00

SCHEDULE 2

PERCENTAGES PAYABLE IN THE OFFICE OF THE WARDS OF COURT

PART 1

LUNACY PERCENTAGES

1. In this Part "clear annual income" does not include the following payments:

(a) unemployment assistance;

(b) old age (non-contributory) pension;

(c) widow’s (non-contributory) pension;

(d) widower’s (non-contributory) pension;

(e) deserted wife’s allowance;

(f) prisoner’s wife’s allowance;

(g) one-parent family payment;

(h) blind pension.

2. Subject to paragraph 3, a percentage on the clear annual income of each ward of court found to be of unsound mind and whose clear annual income is not less than €900 shall be payable according to the following rates:

(a) where the clear annual income is not less than €900 but is less than €2,250, 2.5 per cent of the clear annual income;

(b) where the clear annual income is not less than €2,250 but is less than €4,500, 3 per cent of the clear annual income;

(c) where the clear annual income is not less than €4,500, 4 per cent of the clear annual income, subject to a maximum payment of €750.

3. Any fractional part of €1.00 in the amount of a percentage shall be disregarded and shall not be levied or paid.

PART 2

MINOR PERCENTAGES

1. A percentage on the clear annual income of each minor taken into the wardship of the High Court shall be payable at the same rates as apply to the incomes of wards of court who are of unsound mind, save that the percentage shall be charged only on that part of the clear annual income that exceeds €900.

2. Where a minor has an interest in property, the Registrar of Wards of Court may apportion as remuneration for any services rendered by the minor in connection therewith such part of the profits accruing to him from the property as appears to the Registrar to be reasonable and no percentage shall be charged on the amount thus apportioned.

PART 3

CALCULATION, COLLECTION AND DISPOSAL

The rules heretofore in operation under the Lunacy Regulation (Ireland) Act 1871 with respect to the method of calculation, collection and disposal of the percentage charged on the incomes of persons of unsound mind shall continue to apply to the percentage charged on such incomes under this Order and shall apply likewise or in an analogous manner to the percentage charged on the incomes of minors under this Order. Where, in any such rule, reference is made to the death of a person of unsound mind, the reference shall, in its application to a minor, include a reference to the minor’s attaining the age of 18.

The Minister for Public Expenditure and Reform consents to the making of the foregoing Order.

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GIVEN under the Official Seal of the Minister for Public Expenditure and Reform,

28 January 2014.

BRENDAN HOWLIN,

Minister for Public Expenditure and Reform.

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GIVEN under my Official Seal,

28 January 2014.

ALAN SHATTER,

Minister for Justice and Equality.

EXPLANATORY NOTE

(This note does not form part of the instrument and does not purport to be a legal interpretation)

This order revokes the Supreme Court and High Court (Fees) (No.2) Order, 2013 ( S.I. No 466 of 2013 ).

This order provides for the fees to be charged with effect from 3 February 2014, in the Office of the Registrar of the Supreme Court, the Central Office, the Examiner’s Office, the Taxing Master’s Office, the Accountant’s Office, the Office of Wards of Court, the Probate Office and District Probate Office and District Probate Registries.

In addition, the Order provides for the exemption from fees of certain proceedings, including family law proceedings
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