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You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Court of Judicature Fees (Amendment) Order (Northern Ireland) 2019 URL: http://www.bailii.org/nie/legis/num_reg/2019/nisr_2019180_en_1.html |
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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Statutory Rules of Northern Ireland
Court Of Judicature
Made
9th September 2019
Coming into operation
1st October 2019
The Department of Justice, in exercise of the powers conferred by section 116(1) and (1A) of the Judicature (Northern Ireland) Act 1978(1) and now vested in it(2), makes the following Order with the concurrence of the Department of Finance(3).
The Department has, in accordance with section 116(1) of that Act, consulted with the Lord Chief Justice.
1.-(1) This Order may be cited as the Court of Judicature Fees (Amendment) Order (Northern Ireland) 2019 and shall come into operation on 1st October 2019.
(2) In this Order-
"the Aarhus Convention" means the United Nations Economic Commission for Europe Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environment Matters done at Aarhus on 25th June 1998.
2. The Court of Judicature Fees Order (Northern Ireland) 1996(4) is amended as follows.
3. In Article 4 (Fees to be taken in proceedings in the Court of Judicature)-
(a)in paragraph 1 after "column 1" insert "in accordance with and subject to the directions specified in that column"; and
(b)in paragraph (2) at the beginning insert "Subject to Articles 10A and 10B,".
4. In Article 9 (Exemptions and Refunds) at the beginning of paragraph (1) insert "Subject to Articles 10A and 10B,".
5. After Article 10 insert-
10A. Paragraph (2) applies where-
(a)an order under section 32 of the Judicature (Northern Ireland) Act 1978 is in operation against a person; and
(b)that person makes an application for leave to institute or continue legal proceedings.
(2) No reduction or remission under Article 4(2) or exemption under Article 9 is available in respect of the fee prescribed by this Order for the application.
(3) If the person is granted leave, they are to be refunded the difference between-
(a)the fee paid; and
(b)the fee that would have been payable if this Order had been applied without reference to this Article.
10B. No reduction or remission under Article 4(2) or exemption under Article 9 is available in respect of the fees prescribed by this Order for-
(a)copy (including a photographic copy) documents;
(b)searches, inspections and a certificate of the result of a search.".
6. For sections 1 to 6 of the Schedule substitute the new sections set out in the Schedule to this Order.
7. The 1996 Order as it applied immediately before Article 2 of this Order came into operation, continues to apply to a judicial review or review under any statutory provision of a decision, act or omission which is subject to the provisions of the Aarhus Convention.
Sealed with the Official Seal of the Department of Justice on 9th September 2019
Peter May
A senior officer of the Department of Justice
The Department of Finance concurs in the making of this Order.
Sealed with the Official Seal of the Department of Finance on 9th September 2019
Emer Morelli
A senior officer of the Department of Finance
Article 6
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Item | Fee £ | Document to be endorsed | |
| A. | COMMENCEMENT OF A CAUSE OR MATTER | ||
| 1. | On sealing- | ||
| (a) a writ of summons, or | £261.00 | The filed copy | |
| (b) an originating summons, except for the payment out of court of a sum not exceeding £1,500.00 or where a fee under section 6 is payable and where no other fee is specifically provided, or | £261.00 | The filed copy | |
| (c) a writ of summons or an originating summons under Order 88, or | £195.00 | The filed copy | |
| (d) an originating notice of motion, except a notice of appeal to the High Court, or | £261.00 | The filed copy | |
| (e) a petition, except where a fee under section 4 or 6 of this Schedule is payable | £261.00 | The filed copy | |
| 2. | On sealing an originating summons- | ||
| (a) on approval of a minor settlement | £195.00 | The filed copy | |
| (b) under section 31 or 32(1) of the Administration of Justice Act 1970 for discovery before commencement of proceedings | £98.00 | The filed copy | |
| (c) on a third party notice | £261.00 | The filed copy | |
| (d) on a counterclaim | £261.00 | The filed copy | |
| 3. | On a notice of motion under Order 53 for judicial review where application for leave has been granted | £261.00 | The application |
| B. | PROGRESS OF PROCEEDINGS | ||
| Interlocutory applications | |||
| 4. | On sealing a summons, a notice of appointment, or a notice of motion | £151.00 | The notice or summons |
| 5. | (a) On an ex parte application to a judge for an injunction | £261.00 | Ex parte docket or summons or affidavit in support of the application |
| (b) On an ex parte application to a judge for approval of a minor settlement | £195.00 | The ex parte docket | |
| (c) On an application to a Master for payment out of monies invested on behalf of a minor | £20.00 | The application | |
| (d) On an ex parte application before a | |||
| (i) Master | £195.00 | The ex parte docket | |
| (ii) judge | £261.00 | ||
| (e) On listing of a first case management review hearing (other than in a judicial review under Order 53 and a commercial action under Order 72) before a | |||
| (i) Master | £195.00 | The notification letter | |
| (ii) judge | £261.00 | ||
| The fees in Item 5(e) are payable by the plaintiff when the review is listed by the court and otherwise by the party requesting the review hearing. | |||
| 6. | On an application to transfer an action to the commercial list | £261.00 | The application |
| Entering and setting down for trial in court | |||
| 7. | 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 | ||
| (a) without a Jury | £392.00 | The setting down docket | |
| (b) with a Jury | £652.00 | ||
| 8. | (a) On setting down a cause on motion for judgment | £392.00 | The motion or summons |
| (b) Where the motion is treated as the trial of the action, in addition to the fee paid on the notice of motion | £392.00 | The praecipe | |
| 9. | On setting down other party pleadings | £392.00 | |
| Examination of witness before trial | |||
| 10. | On the examination of a witness before trial | £65.00 | The order |
| Inquiries, trials and assessment of damages or interest by Master | |||
| 11. | (a) On an inquiry, reference for trial or assessment of damages before a Master or Admiralty Registrar | £195.00 | The order, judgment or certificate |
| (b) On an assessment of interest before a Master | £151.00 | The judgment | |
| Decree, award, judgment, order or dismiss | |||
| 12. | On a decree, award, judgment, order or dismiss | £98.00 | The judgment |
| Appeals to Judge in Chambers | |||
| 13. | On sealing a notice of appeal from a Master or Admiralty Registrar or District Judge to Judge in Chambers | £261.00 | The notice filed |
| Appeals to High Court | |||
| 14. | On filing- | ||
| (a) a notice of appeal to the High Court, or | £261.00 | The filed notice | |
| (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 | £261.00 | The case | |
| (c) a notice of cross-appeal to the High Court, or | £261.00 | The notice filed | |
| (d) a respondent's notice of appeal to the High Court | £261.00 | The notice filed | |
| C. | ENFORCEMENTS OF JUDGMENTS | ||
| Application in aid of enforcement | |||
| 15. | On an application for an attachment of earnings order to secure maintenance payments | £151.00 | The affidavit in support of the application |
| Registration of Foreign and Commonwealth Judgments | |||
| 16. | (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 | £65.00 | The affidavit in support of the application | |
| (ii) on providing a certified copy of a judgment or order for use abroad | £98.00 | The 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 | £65.00 | The affidavit in support of the application | |
| (ii) on processing an incoming registration | £65.00 | The affidavit or order | |
| (c) Under the Maintenance Orders (Facilities for Enforcement) Act 1920- | |||
| (i) on an ex parte application to register an outgoing order | £65.00 | The affidavit in support of the application | |
| (ii) on processing an incoming registration | £65.00 | The affidavit or order | |
| (d) Under the Maintenance Orders (Reciprocal Enforcement) Act 1972 on an ex parte application to register an outgoing order | £65.00 | The affidavit or statement in support of the application | |
| Enforcement of Arbitration Award | |||
| 17. | On an application for leave to enforce an arbitration award | £98.00 | The application |
| D | MISCELLANEOUS PROCEEDINGS OR MATTERS | ||
| Copy Documents | |||
| 18. | On a copy, including a photographic copy, of all or any part of any document not otherwise provided for- | ||
| (a) Five sheets or less | £6.00 | The requisition | |
| (b) For each sheet thereafter | £0.50 | ||
| (c) On a copy order/decree including certified or sealed | £14.00 | The requisition | |
| (d) On a copy order/decree produced online | £12.00 | The requisition | |
| 19. | For a certified copy of a written judgment | £98.00 | The 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 | £39.00 | The document filed | |
| (b) fiat of satisfaction | £39.00 | The application | |
| 21. | (a) For a certificate of the result of a search in one name in any register or index under the custody of the Registrar of Bills of Sale | £39.00 | The requisition for search |
| (b) For every additional name if included in the same certificate | £26.00 | The requisition for search | |
| Taking affidavits | |||
| 22. | On taking an affidavit or an affirmation or a declaration | £39.00 | The affidavit, affirmation or declaration |
| Searches | |||
| 23. | (a) On a search of court documents, except where item 21 or 33 applies | £26.00 | The requisition |
| (b) Additional fee where the search carried out by an officer of the court | £14.00 | The requisition | |
| Writs of Subpoena | |||
| 24. | On sealing a writ of subpoena per person | £39.00 | The requisition |
| Warrants of arrest | |||
| 25. | On an application for a warrant of arrest under Article 5(3) of the Protection from Harassment (Northern Ireland) Order 1997 | £0.00 | The application |
| Certification of a pending action | |||
| 26. | On a request for certification of a pending action required under Rule 91(3) of the Land Registration Rules (Northern Ireland) 1994 or section 3(2) of the Registration of Deeds Act (Northern Ireland) 1970 | £90.00 | The form to be certified |
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Item | Fee £ | Document to be endorsed | |
| Review of Taxing Master's Decision | |||
| 27. | On an application to a judge to review the Taxing Master's decision | £261.00 | The summons |
| Admiralty | |||
| 28. | (a) On lodging with the Marshall an instrument under Order 75, rule 5(1) | £261.00 | The 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 | £261.00 | The 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 | £65.00 | (Paid by transfer) | |
| Court of Appeal | |||
| 29. | (a) On filing a notice of appeal or case stated | £652.00 | The notice of appeal or requisition |
| (b) On filing a notice of cross-appeal or a respondent's notice under Order 59, rule 6(1) | £489.00 | The notice | |
| (c) On any other application to the Court of Appeal | £652.00 | The requisition | |
| Transcript of Trial | |||
| 30. | A transcript of the shorthand or stenographic notes or of a recording taken by mechanical means of the whole or any part of any proceedings in respect of which- | ||
| (a) an appeal lies to the Court of Appeal, for each page | £1.00 | The requisition | |
| (b) leave has been given by a Judge,- | |||
| (i) in a criminal trial for each folio | £1.00 | The requisition | |
| (ii) in a civil trial for each folio | £1.00 | The requisition | |
| (iii) for each page of a second or subsequent transcript | £1.00 | The requisition | |
| (c) on an audio recording produced on compact disc in any court proceedings – for each hour recorded or part thereof | 34.00 | The requisition | |
| Deed Poll | |||
| 31. | Application for a deed poll | £65.00 | The requisition |
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Item | Fee £ | Document to be endorsed | |
| 32. | On presenting a memorial for appointment as commissioner for oaths or notary public | £98.00 | The memorial |
| 33. | For every certificate of such appointment | £98.00 | The certificate |
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Item | Fee £ | Document to be endorsed | |
| UNDER THE COMPANIES (NORTHERN IRELAND) ORDER 1986 OR THE INSOLVENCY (NORTHERN IRELAND) ORDER 1989 | |||
| 34. | (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 | £195.00 | The petition |
| (b) On sealing a bankruptcy petition: | |||
| (i) if presented by a debtor or by the personal representative of a deceased debtor | £151.00 | The petition | |
| (ii) if presented by a creditor or other person | £195.00 | The petition | |
| (c) On sealing any other petition (one fee only is payable where more than one petition is presented in relation to a partnership) | £195.00 | The petition | |
| (d) On the hearing of a public examination | £195.00 | The application | |
| 35. | (a) On sealing any originating application | £195.00 | The application |
| (b) On sealing any other application | £151.00 | The application | |
| The fees in Items 33 (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 | |||
| 36. | On a request for a certificate to discharge bankruptcy | £98.00 | The application |
| 37. | On a petition for an Administration Order | £195.00 | The petition |
| MISCELLANEOUS | |||
| 38. | (a) On any search in the office (including an inspection) other than by a bankrupt, director proposing a company voluntary arrangement, a debtor proposing an individual voluntary arrangement, or the Official Receiver when acting as such | £26.00 | The search docket |
| (b) Additional fee where the search is carried out by an officer of the court | £14.00 | The requisition |
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Item | Fee £ | Document to be endorsed | |
| 39. | On an application for taxation under the Solicitors (Northern Ireland) Order 1976 | £151.00 | The requisition |
| 40. | On the lodgement of a bill of costs | 5% of original bill (up to a maximum fee of £3,500) | The bill |
| NOTE Provided that where the bill is taxed credit for this fee is to be given against the final fee payable | |||
| 41. | (a) On taxing a cash account between solicitor and own client under the Solicitors (Northern Ireland) Order 1976- | ||
| for every £50 or fraction of £50 of the amounts found to have been received and paid | £0.39 | The account | |
| (b) On the taxation of a bill of costs- | |||
| (i) where the amount allowed does not exceed £500 | £79.00 | The bill | |
| (ii) where the amount exceeds £500, for every £1 or fraction of £1 of the amount allowed | £0.20 (up to a maximum fee of £10,500) | The bill | |
| In addition to item 39 the Master may in any case require the bill of costs to be stamped before taxation with the whole or part of the amount of fees which would be payable if the bill were allowed by him at the full amount thereof (including in cases under the Solicitors (Northern Ireland) Order 1976, the fee payable in respect of the cash account) | |||
| (c) On the withdrawal of a bill of costs which has been lodged for taxation | In addition to item 39 such fee (not exceeding the amount which would have been payable under paragraph (b) if the bill had been allowed in full) as shall appear to the Master to be reasonable having regard to the amount of work done in the Office | ||
| (d) On assessing costs in the Chancery Division for every £1 or fraction of £1 of the sum assessed | £0.14 | The bill | |
| (e) On an application to the Taxing Master to review his decision | £151.00 | The written objection | |
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Item | Fee £ | Document to be endorsed | |
| WARDSHIP, ADOPTION AND PARENTAL ORDERS | |||
| 42. | On an application by way of petition or originating summons for wardship, adoption or a parental order under section 30 of the Human Fertilisation and Embryology Act 1990 | £130.00 | The filed copy |
| FAMILY LAW ACT | |||
| 43. | On an application under section 27 of the Family Law Act 1986 for the registration of a custody order | £98.00 | The filed copy of the order |
| ENDURING POWERS OF ATTORNEY | |||
| 44. | On an application for registration of an enduring power of attorney | £151.00 | The filed copy |
| 45. | On an application made pursuant to a direction of the Court under rule 4 of Order 109A | £261.00 | The filed copy |
| 46. | On an application for a search of the register of enduring powers of attorney | £26.00 | The requisition |
| PATIENTS' AFFAIRS | |||
| Commencement Fee | |||
| 47. | (1) On a first application for the appointment of a controller or other originating process, except where it appears that the patient's clear annual income is less than £1,000 | £261.00 | The requisition |
| (2) On commencement pursuant to a request by a personal applicant, in addition to Fee (1) | £0.00 | ||
| Annual Administrative Fee | |||
| 48. | On a certificate issued by the Office | ||
| (a) administrative fee per annum where funds are operated out of court | £327.00 | ||
| (b) administrative fee per annum where funds are held by Court Funds Office | £457.00 | ||
| Transaction Fee | |||
| 49. | (1) On any order (or, as the case may be, on any approval given by the court under an order) made by the court in the exercise of powers conferred by- | ||
| (i) Article 99(1)- | |||
| (b) sale, exchange etc of property | |||
| (c) (acquisition of property) | |||
| (d) (settlement of gift of property) | |||
| (h) (carrying out of contract) or | |||
| (k) (exercise of powers as guardian or trustee) | |||
| of the Mental Health (Northern Ireland) Order 1986 ("the Order") | |||
| (ii) Article 102 of the Order (vesting of stock in curator appointed outside Northern Ireland) | |||
| (iii) Section 35(9) of the Trustee Act (Northern Ireland) 1958 (appointment of new trustee); | £105.00 or in a "special case" ¼% of the pecuniary consideration as defined in Note 3 if greater than £105 | The requisition | |
| (iv) Section 57(3) of the Trustee Act (Northern Ireland) 1958 (variation of trusts for benefit of patient), provided that no fee under this item shall be taken if the property is worth less than £50 and no such fee shall exceed £500 | |||
| (2) On the making by the court of any order or authority under Article 99(1)(e) of the Order (execution of will) | £261.00 | The requisition | |
| Control Fees | |||
| 50. | On passing an account where an Officer of the court (including Official Solicitor) is appointed | £652.00 | |
| 51. | Winding-up fee on the death of a patient | £359.00 | The requisition |
| 52. | On an application to purchase, sell or transfer house or land, release life interest or right of residence | £195.00 | The requisition |
| 53. | Enduring Power of Attorney Account fee | £195.00 | The requisition |
| 54. | Referral of patient to Office of Care and Protection including issue of enabling certificate and master's direction by certificate | £98.00 | The requisition |
| 55. | On an application to appoint a new Controller | £261.00 | The requisition |
| 56. | Master's subsequent direction by certificate, where no Controller Order or Short Procedure Order issued | £98.00 | The requisition |
| 57. | Issue of a Controller ad interim Order or a short procedure order | £98.00 | The requisition |
| 58. | On appointment of a Controller | £151.00 | The requisition |
1. In relation to fee number 48-
(1) the annual administration fee shall be payable from the date of issue of the first application for the appointment of a controller or other originating process until the termination of the proceeding.
(2) no administration fee may be taken where the proceedings are terminated before any order is made.
2. Fees number 48 and 49 are not payable where an officer of the court is acting as controller for the patient.
3. In relation to fee number 49-
(1) "special case" means an order made by the court–
(a)under paragraph (b), (c), (d) and (h) of Article 99(1) of the Order;
(b)relating to the sale or purchase by the patient in exercise of his powers as a tenant for life under the Settled Lands Acts 1882 to 1890;
(c)under section 57(3) of the Trustee Act (Northern Ireland) 1958.
(2) In a special case, the standard fee payable shall be increased where there is readily ascertainable pecuniary consideration in the nature of capital arising to or provided by the patient (otherwise than by way of loan to, or repayment of a loan by the patient), no account being taken of the possible capitalisation of the value of rents or interest or other income payments.
(3) Where a transaction is to be approved under an order mentioned in fee number 49, the fee shall be taken on the approval of the transaction and the Office shall issue a certificate stating the amount payable.
(4) Except when the court otherwise directs, no fee shall be payable under fee number 49 upon the sale or purchase of personal chattels or any investment for the time being authorised by law for the investment of trust property or in securities quoted in any stock exchange in the United Kingdom.
4.-(1) In relation to fee number 47, the clear annual income at the patient's disposal for the purpose of this fee does not include income which accrued and became payable to him more than six months prior to the date when the court's jurisdiction was first exercised in relation to him.
(2) In relation to fee numbers 48 and 50, no annual fee shall be taken where the proceedings are terminated less than four weeks from the date of issue of the first application for the appointment of a controller.
5. In relation to fees number 47, 48, 49 and 50, no fee shall be payable on any income by way of a war pension or war injuries (civilian) pension in respect of–
(a)service in the armed forces of the Crown to which section 2 of the War Pensions Act 1920 applies; or
(b)service in the armed forces of the Crown after 2nd September 1939; or
(c)service before the 15th August 1945 to which the Pension (Polish Forces) Scheme 1964 applies; or
(d)detention, capture, war injury or war risk injury within the meaning of any scheme (other than that mentioned in paragraph (c) above) made under the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939, or under that Act as amended and applied by the Pensions (Mercantile Marine) Act 1942; or
(e)war service injury within the meaning or the Personal Injuries (Civilians) Scheme 1983 as amended in the case of a civil defence volunteer to whom that Scheme applied."
(This note is not part of the Order)
This Order amends the Court of Judicature Fees Order (Northern Ireland) 1996 (S.R.1996 No. 100) to increase fees payable in the Court of Judicature and to introduce the following new fees:
on listing of a first case management review hearing (Fee No.5(e))
for certification of a pending action for the purpose of registering it as a burden affecting land (Fee 26).
The Order also makes some changes in relation to the availability of remissions and exemptions as follows:
a person subject to an order under s32 of the Judicature (Northern Ireland) Act 1978 cannot seek a remission or exemption in respect of the fee for an application for leave to initiate or continue proceedings, however, if leave is granted the fee will be refunded, if appropriate; and
no remission or exemption will be available in respect of the fees for copy documents, searches and inspections and a certificate of the result of a search.
The Supreme Court Fees Order (Northern Ireland) 1996 has been renamed the Court of Judicature Fees Order (Northern Ireland) 1996 as a consequence of the renaming of the Supreme Court of Judicature of Northern Ireland by virtue of section 59 and paragraph 6 of Schedule 11 to the Constitutional Reform Act 2005 (c. 4).
An Explanatory Memorandum and a Regulatory Impact Assessment have been produced and are available from the Northern Ireland Courts and Tribunals Service, Laganside House, 23-27 Oxford Street, Belfast BT1 3LA or online alongside this Statutory Rule at http://www.legislation.gov.uk/nisr.
1978 c. 23 as amended by Article15(1) and paragraph 6(h) of Schedule 17 to the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010 No. 976); and section 59 of the Justice Act (Northern Ireland) 2016 (2016 c. 21 (N.I.))
Article 15(4)(b) of the Northern Ireland Act 1998 (Devolution of Policing and Justice Function) Order 2010 (S.I. 2010 No. 976).
Formerly the Department of Finance and Personnel, see the Departments Act (Northern Ireland) 2016 (2016 c.5 (N.I.)), section 1(4) and Schedule 1.
S.R. 1996 No. 100 to which relevant amendments are made by S.R. 2007 No. 376, S.R. 2009 No. 424 and S.R. 2017 No. 16; the Supreme Court Fees Order (Northern Ireland) 1996 has been renamed as a consequence of the renaming of the Supreme Court of Judicature of Northern Ireland by virtue of section 59 and paragraph 6 of Schedule 11 to the Constitutional Reform Act 2005 (2005 c. 4).
