Supreme Court and High Court (Fees) Order 2012

• Jurisdiction: Ireland
• Citation: IR SI 110/2012

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 6th April, 2012.

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 2012.

(2) This Order comes into operation on 10 April 2012.

2. In this Order—

“Act of 1988” means the Bankruptcy Act 1988 (No. 27 of 1988);

“arrangement matter” shall be construed in accordance with the Act of 1988;

“bankruptcy matter” shall be construed in accordance with the Act 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 the Central Office, the Office of the Registrar of the Supreme Court or the Office of the Accountant of the Courts of Justice on any application, direction, order, judgment or report, or on the filing of any notice of motion, affidavit or other document required in connection with—

(a) proceedings under Article 40.4 of the Constitution,

(b) proceedings under the Extradition Acts 1965 to 2001,

(c) proceedings under the European Arrest Warrant Act 2003 (No. 45 of 2003),

(d) bail proceedings, or

(e) an application (in proceedings for a criminal offence) for judicial review under Order 84 rule 18 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ).

6. (1) No fee shall be payable under this Order in—

(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 2011.

(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 respect of proceedings to which section 5 (5) of the Immigration Act 1999 (No. 22 of 1999) applies.

7. 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.

8. 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 item number 15(b) 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 item number 11.

9. Fees payable in the Office of the Official Assignee in Bankruptcy shall be those chargeable—

(a) in a bankruptcy matter, on—

(i) the date on which a court, under section 39 of the Act of 1988, approves an offer of composition, or

(ii) the date on which a court, under section 82 of the Act of 1988, makes an order for distribution of an estate or part thereof,

and

(b) in an arrangement matter, on the date on which a court, under section 92 of the Act of 1988, approves a proposal.

10. (1) For the purpose of calculating the fee payable in respect of item 1 of Part 7 of Schedule 1, the gross amount of the assets realised or brought to credit shall not include the proceeds of the sale, by the Official Assignee or the trustee, of a property to which item 2 of Part 7 of Schedule 1 applies.

(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 2011 ( S.I. No. 406 of 2011 ) is revoked.

SCHEDULE 1

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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

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 (1) Fee (2) 1. (a) Subject to subparagraph (b), for making an attested copy of a document, other than a copy of judgment, or a copy of an order (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 Workmen’s Compensation Acts) €138.00 2. On filing any notice of motion to the Supreme Court (other than a notice of motion of appeal) €62.00 3. On filing or lodging a case stated €68.00 4. On filing an affidavit €19.00 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 €83.00 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 plenary summons, special summons or summary summons and filing a copy €138.00 2. On sealing a concurrent plenary summons, concurrent special summons, or concurrent summary summons €138.00 3. On filing a petition €138.00 4. On any originating ex parte application (excepting habeas corpus), in addition to fee on filing affidavit €138.00 5. On sealing any order under Rule 1 or Rule 18 of Order 84 of the Rules of the Superior Courts €24.00 6. On sealing a third party notice €24.00 7. On filing any originating notice of motion (in addition to filing affidavit) €138.00 B Appearances 8. On entering an appearance €24.00 C Affidavits, etc. 9. On filing an affidavit €19.00 10. On filing a script annexed to an affidavit of scripts €19.00(not to exceed, for any number of scripts, €150.00) D Notices of Motion, etc. 11. On filing a notice of motion €60.00 12. On filing a notice other than a notice to which item numbers 11, 13 and 14 relate €60.00 13. On filing a notice of appeal from the Master €60.00 14. On lodging a notice of appeal from the Circuit Court to the High Court €68.00 15. (a) On filing a notice of motion in the Commercial List of the High Court in proceedings which were entered in that list prior to the coming into operation of this Order (b) On filing a notice of motion for entry of proceedings in the Commercial List of the High Court €60.00€5,000.00 E Setting Down, etc. 16. On setting down an action for trial €130.00 17. On filing or lodging a case stated €68.00 F Orders 18. On...