Supreme Court and High Court (Fees)(No. 2) Order, 2001

• Date: 31 October 2001
• Statutory Instrument No.: 488/2001

I, John O'Donoghue, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 65 of the Courts of Justice Act, 1936 (No. 48 of 1936), as adapted by the Justice (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 298 of 1997 ), and with the consent of the Minister for Finance, hereby order as follows:

1. (1) This Order may be cited as the Supreme Court and High Court (Fees) (No. 2) Order, 2001.

(2) This Order shall come into operation on the 1st January, 2002.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

3. There shall be charged in the offices of the Supreme Court and the High Court and in the district probate registries to which Schedule 1 to this Order relates, in respect of each item set out in column (1) of that Schedule, the fee set out in column (2) of that Schedule opposite the mention of the item in the said column (1).

4. The payment of the fee chargeable in respect of an item mentioned in column (1) of Schedule 1 to this Order shall be recorded by means of a stamp impressed on the document or court fee card, as may be appropriate, mentioned in column (3) of the said Schedule opposite the mention of the item in the said column (1).

5. (1) In every financial year there shall be payable, by way of court fees, the percentages specified in Part 1 of Schedule 2 to this Order 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 every financial year there shall be payable, by way of court fees, the percentages specified in Part 2 of Schedule 2 to this Order 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.

6. No fee shall be payable under this Order in the Central Office or in the Office of the Registrar of the Supreme Court on any application, order, judgment or report or on the filing of any notice of motion, affidavit or other document necessary in connection with-

(a) proceedings under Article 40.4 of the Constitution,

(b) proceedings under the Extradition Acts, 1965 to 1994,

(c) bail proceedings, or

(d) an application, in proceedings for a criminal offence, for judicial review under Order 84 rule 18 of the Rules of the Superior Courts.

7. (1) No fee shall be payable under this Order in any family law proceedings, in any matrimonial cause or matter, or in proceedings brought by a health board or the Eastern Regional Health Authority under the Guardianship of Childrens Acts, 1964 to 1997, or the Childrens Acts, 1908 to 1989, or the Child Care Act, 1991 .

(2) No fee shall be payable under this Order in contravention of paragraph 5 of Article 3 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 respect of proceedings to which section 5(5) of the Immigration Act, 1999 (No. 22 of 1999), applies.

8. No fee shall be payable under this Order by, or on behalf of, any party represented in any civil proceedings by the Chief State Solicitor or a local State Solicitor acting in that capacity.

9. Fees payable in the Office of the Official Assignee in Bankruptcy shall be those chargeable on the date of the granting of the petition in arrangement matters or on the date of the adjudication in bankruptcy matters, as the case may be.

10. (1) In the case of the sale of property the subject of any mortgage, charge or lien the surplus (if any) remaining in the mortgage account after payment of the amount of the mortgage, charge or lien and after payment of the costs, fees and expenses shall be included in the assets for the purpose of calculating the appropriate fee for item 1 of Part 7 of Schedule 1 to this Order.

(2) Where, in proceedings in bankruptcy the net assets of the bankrupt are less than €150 the petitioning creditor shall lodge with the Official Assignee in Bankruptcy -

(a) a sum, which when added to the net amount realised, will equal €150, and

(b) a sum sufficient to cover the expenses of the Official Assignee in Bankruptcy.

11. The Supreme Court and High Court (Fees) Order, 2001 ( S.I. No. 251 of 2001 ), is hereby revoked.

Schedule 1

Index

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 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 Office of the Official Assignee in Bankruptcy PART 8 - 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 Fee Document to be stamped (1) (2) (3) 1. For making an attested copy of a document, other than a copy of judgement, or first copy of an order, per page (except in a case of a criminal appeal transcript, where the fee shall be €0.70 per page) €5.00 The attested copy or court fee card 2. For provision of a copy judgment €10.00 plus an additional €1.00 in respect of every 4 pages photocopied The attested copy or court fee card 3. For examining a copy of any document and marking it as an attested copy, per page €5.00 The attested copy 4. For a photographic copy of a plan, map, section, drawing, photograph or diagram €5.00 The copy or court fee card 5. For signing and certifying a document for proof pursuant to the Evidence Act, 1851, per page €5.00 The document

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

Item Fee Document to be stamped (1) (2) (3) 1. On filing a notice of motion of appeal to the Supreme Court (other than an appeal under the Workmen's Compensation Acts) €75.00 The notice 2. On filing any notice of motion to the Supreme Court (other than a notice of motion of appeal) €15.00 The notice 3. On filing or lodging a case stated €30.00 The case stated 4. On filing an affidavit €10.00 The affidavit 5. On lodging a notice or other document for service €5.00 The notice or other document and in addition thereto, for each copy to be transmitted (but not more, for any number of copies, than €90.00) €1.00 The copy 6. On a petition or on an application for appointment as Notary Public or Commissioner for Oaths €60.00 The petition or application 7. On a commission appointing a Notary Public or Commissioner for Oaths €225.00 The commission

PART 3 Fees payable in the Central Office and the Examiner's Office

Item Fees Document to be stamped (1) (2) (3) Originating Summonses, etc. 1. On sealing a plenary summons, special summons or summary summons and filing a copy €90.00 The filed copy 2. On sealing a concurrent plenary summons, concurrent special summons, or concurrent summary summons €22.00 The filed copy 3. On filing a petition €60.00 The original petition 4. On any originating ex parte application (excepting habeas corpus), in addition to fee on filing affidavit €30.00 The affidavit filed in support of the application 5. On sealing any order under Rule 1 or Rule 18 of Order 84 of the Rules of the Superior Courts €10.00 The original order 6. On sealing a third party notice €10.00 The filed copy Appearances 7. On entering an appearance €10.00 The memorandum Affidavits, etc. 8. On filing an affidavit €10.00 The affidavit 9. On filing a script annexed to an affidavit of scripts €10.00 The affidavit of scripts (not to exceed, for any number of scripts, €90.00) Notices of Motions, etc. 10. On filing a notice of motion €15.00 The notice 11. On filing a notice other than a notice to which Item Nos. 10, 12 and 13 relate €5.00 The notice 12. On filing a notice of appeal from the Master €15.00 The notice of appeal 13. On lodging a notice of appeal from the Circuit Court to the High Court €38.00 The notice Setting Down, etc. 14. On setting down an action for trial €75.00 The setting down docket 15. On filing or lodging a case stated €45.00 The case stated Orders 16. On subpoena ad testificandum or duces tecum €10.00 The order or court fee card 17. Commission to examine witness or request in lieu of €10.00 The order or court fee card 18. On entering judgment in the Central Office in default of appearance or of pleading €10.00 The judgment Certificates, etc. 19. On a certificate of pleadings or proceedings €5.00 The certificate or court fee card 20. On a certificate under Order 36, Rule 39, of the Rules of the Superior Courts €25.00 The certificate or court fee card 21. On a sale under an order of the Court of - (a) any lands or hereditaments, or (b) any business (including the...