Supreme Court and High Court (Fees) Order, 1982

• Jurisdiction: Ireland
• Citation: IR SI 43/1982

S.I. No. 43 of 1982.

SUPREME COURT AND HIGH COURT (FEES) ORDER, 1982.

I, JIM MITCHELL, Minister for Justice, in exercise of the powers conferred on me by section 65 of the Courts of Justice Act, 1936 (No. 48 of 1936), and with the consent of the Minister for Finance, hereby order as follows: 1. This Order may be cited as the Supreme Court and High Court (Fees) Order, 1982. 2. This Order shall come into operation on the 29th day of March, 1982. 3. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order. 4. There shall be charged in the offices of the Supreme Court and the High Court and in the district probate registries to which the several Parts of the First Schedule to this Order relate, in respect of each item set out in the first column of that Schedule, the fee set out in the second column of that Schedule opposite the mention of the item in the said first column. 5. The fee chargeable in respect of an item mentioned in the first column of the First Schedule to this Order shall be taken by means of a stamp affixed to or impressed on the document mentioned in the third column of that Schedule opposite the mention of the item in the said first column. 6. Where the fee is denoted by means of an adhesive stamp, the stamp shall be cancelled by the proper officer. 7. (1) In every financial year there shall be payable, by way of court fees, the percentages provided for in the Second Schedule to this Order on the annual income arising in that year from the property of every person of unsound mind and every minor under the jurisdiction vested in the High Court by section 9 of the Courts (Supplemental Provisions) Act, 1961 (No. 39 of 1961).

(2) The percentages so prescribed are, in relation to persons of unsound mind, in substitution for those prescribed by section 109 of the Lunacy Regulation (Ireland) Act, 1871. 8. No fee shall be payable 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 habeas corpus proceedings, proceedings under the Extradition Act, 1965 (No. 17 of 1965), proceedings under the Guardianship of Infants Act, 1964 (No. 7 of 1964), bail proceedings or proceedings in a criminal case by way of certiorari or mandamus. 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:

( a ) the appropriate fee for Item 2 of Part VII of the First Schedule to this Order shall be the first charge on the proceeds of the sale;.

( b ) 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 the said Part VII; and

( c ) the said appropriate fee for Item 1 of the said Part VII shall be the first charge on any amount realised or brought to credit.

(2) In a case mentioned or referred to at Item 1 of the said Part VII where in bankruptcy cases the net assets are under £100, the petitioning creditor shall lodge with the Official Assignee:

( a ) a sum sufficient, with the net amount realised to make up £100, and

( b ) a sum sufficient to cover the expenses of the Official Assignee. 11. The Supreme Court and High Court (Fees) Order, 1981, ( S.I. No. 89 of 1981 ), and the Courts (Guardianship of Infants) (Fees) Order, 1974 ( S.I. No. 13 of 1974 ), are hereby revoked.

FIRST SCHEDULE.

Fees payable in the Offices attached to the Supreme Court and the High Court and in the District Probate Registries.

PART I—Fees payable in all the Offices attached to the Supreme Court and the High Court for copies of documents.

PART II —Fees payable in the Office of the Registrar of the Supreme Court.

PART III —Fees payable in the Central Office and in the Examiner's Office.

PART IV —Fees payable in the Accountant's Office.

PART V —Fees payable in the Taxing Masters' Office.

PART VI —Fees payable in the Office of Wards of Court.

PART VII —Fees payable in the Office of the Official Assignee in Bankruptcy.

PART VIII —Fees payable in the Probate Office and District Probate Registries.

(In this Schedule a folio means 72 words).

PART I.

Fees payable in all 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. For making an attested copy of a document, other than a copy judgment, per page ... £1.00 The attested copy. (except in a case of a criminal Appeal transcript, where the fee shall be £0.50 per page). 2. For provision of a copy judgment £5.00 plus an additional of £0.15 in respect of each page photocopied The attested copy. 3. For examining a copy of any document and marking it as an attested copy, per page ... £1.00 The attested copy. 4. For a photographic copy of a plan, map, section, drawing, photograph or diagram £2.00 The copy. 5. For signing and certifying a document for proof pursuant to the Evidence Act, 1851, per page ... £1.00 The document.

PART II.

Fees payable in the Office of the Registrar of the Supreme Court.

Item Fee Document to be stamped 1. On filing a notice of motion of appeal to the Supreme Court (other than an appeal under the Workmen's Compensation Acts) £28.00 The notice. 2. On filing any notice of motion to the Supreme Court (other than a notice of motion of appeal) £3.50 The notice. 3. On filing or lodging a case stated £12.00 The case stated. 4. On drawing up and entering— ( a ) an interlocutory order ... £6.00 The order ( b ) a final order ... ... £12.00 The order. 5. On filing an affidavit ... ... £3.50 The affidavit. 6. On lodging a notice or other document for service ... ... £1.00 The notice or other document. and in addition thereto, for each copy to be transmitted ... ... £0.50 (but not more, for any number of copies, than £40.00) 7. On a petition or on an application for appointment as a Notary Public or Commissioner for Oaths ... £20.00 The petition or application. 8. On a commission appointing a Notary Public or Commissioner for Oaths ... ... ... £80.00 The commission. 9. On a certificate of the Register authenticating a signature ... £3.50 The certificate.

PART III.

Fees payable to the Central Office and in the Examiner's Office.

Item Fee Document to be stamped Originating Summonses, etc. 1. On sealing a plenary summons and filing a copy ... ... £31.00 The filed copy. 2. On sealing a concurrent plenary summons £8.00 The filed copy. 3. On sealing a special summons and filing a copy ... ... ... £24.00 The filed copy. 4. On sealing a concurrent special summons £8.00 The filed copy. 5. On sealing a summary summons and filing a copy ... ... £24.00 The filed copy. 6. On sealing a concurrent summary summons £8.00 The filed copy. 7. On filing a petition ... ... £24.00 The original petition. 8. On sealing a copy of a matrimonial petition £8.00 The copy. 9. On sealing a citation ... ... £4.00 The original citation. 10. On any originating ex parte application (excepting habeas corpus), in addition to fee on filing affidavit ... ... ... £10.00 The affidavit filed in support of 11. On sealing any State Side Order under Order 84, the application Rule 1, of the Rules of the Superior Courts £4.00 The original order. 12. On sealing a third party notice ... £4.00 The filed copy. Appearances 13. On entering an appearance ... £3.50 The memorandum. Affidavits, etc. 14. On filing an affidavit ... ... £3.50 The affidavit. 15. On filing a script annexed to an affidavit of scripts ... ... £3.50 The affidavit of scripts. (not to exceed, for any number of scripts £40.00) Pleadings 16. On filing a pleading ... ... £3.50 The pleading. Notices of Motions, etc. 17. On filing a notice of motion ... £3.50 The notice. 18. On filing a common notice ... £1.00 The notice. 19. On filing a notice of appeal from the Master £3.50 The notice of appeal. 20. On lodging a notice of appeal from the Circuit Court to the High Court ... ... £10.00 The notice. Service of Notices, etc. 21. On lodging a notice or other document for service ... ... £1.00 The notice or other document. and in addition thereto, for each copy to be transmitted ... ... £0.50 (but not more, for any number of copies, than £40.00) Setting Down, etc. 22. On setting down an action for trial ... £24.00 The setting down docket. 23. On filing or lodging a case stated £16.00 The case stated. Orders 24. On (a) an order provided for in Order 42 of the Rules of the Superior Courts ... £3.50 The order. (b) an order of the Master ... £4.00 The order. (c) an interlocutory order of the Court or a Judge ... ... £6.00 The order. (d) any final order of the Court or a Judge except an order on a certificate under Order 36, Rule 39, of the Rules of the Superior Courts ... ... £10.00 The order. 25. For a copy of a plan, map, section, drawing, photograph or diagram required to accompany any order £3.50 The order. 26. On subpoena ad testificandum or...