Supreme Court, Court of Appeal and High Court (Fees) Order 2014.

• Published date: 31 October 2014
• Statutory Instrument No.: 492/2014

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 31st October, 2014.

I, Frances Fitzgerald, 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, Court of Appeal and High Court (Fees) Order 2014.

(2) This Order comes into operation on 30 October 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 Court of Appeal, 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 to 2013, 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. (1) No fee 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).

(2) No fee, other than in respect of the items at reference number 61, 62 or 63 of Part 4 of Schedule 1, shall be payable under this Order in connection with proceedings under the Bankruptcy Act 1988 .

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 4 of Schedule 1, less an amount equal to the fee specified in column (2) of Part 4 of Schedule 1 opposite reference number 12.

11. The Supreme Court and High Court (Fees) Order 2014 ( S.I. No. 24 of 2014 ) 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 Office of the Registrar of the Court of Appeal

PART 4 — 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

PART 5 — Fees payable in the Accountant’s Office

PART 6 — Fees payable in the Taxing-Masters’ Office

PART 7 — Fees payable in the Office of Wards of Court

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 (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- (i) a copy of a judgment, or (ii) a copy of written legal submissions referred to at reference number 3 of this column (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 provision of a copy of written submissions lodged in or transmitted to the Supreme Court Office or handed in to the Supreme Court on or after 7 October 2013 in relation to, or in the course of, the hearing of any appeal or matter €14.00 plus an additional €1.00 in respect of every 4 pages photocopied 4 For examining a copy of any document and marking it as an attested copy €6.50 per page 5 For a photographic copy of a plan, map, section, drawing, photograph or diagram €6.50 6 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 an application for leave to appeal and notice of appeal to the Supreme Court (other than an appeal under the Workmens Compensation Acts 1934 to 1955) €250.00 2 On filing a notice of motion €60.00 3 On filing an affidavit €20.00 4 (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) 5 On a petition or on an application for appointment as Notary Public or Commissioner for Oaths €85.00 6 On a commission appointing a Notary Public or Commissioner for Oaths €330.00

PART 3

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

Item(1) Fee(2) 1 On filing- (i) an application for leave to appeal, (ii) a notice of expedited appeal, or (iii) a notice of appeal (including a notice of appeal to which Rule 19 of Order 86A of the Rules of the Superior Courts applies), provided that where a fee has been paid in respect of an application for leave to appeal and such leave to appeal is granted, no fee shall be payable on the filing of a notice of expedited appeal or a notice of appeal in respect of that appeal €250.00 2 On filing a notice of intention to make an interlocutory ex parte application €60.00 3 On filing a respondent’s notice €60.00 4 On filing or lodging a case stated €70.00 5 On filing a notice of motion to the Court of Appeal €60.00 6 On filing an affidavit €20.00 7 (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 (a) €15.00 (b) €0.80 per page 8 For provision of a copy judgment €14.00 plus an additional €1.00 in respect of every 4 pages photocopied

PART 4

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 — ...