Supreme Court and High Court (Fees) Order, 1989

• Jurisdiction: Ireland
• Citation: IR SI 341/1989

S.I. No. 341 of 1989.

SUPREME COURT AND HIGH COURT (FEES) ORDER, 1989.

I, RAY BURKE, 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, 1989. 2. This Order shall come into operation on the 1st day of January, 1990. 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 payment of the fee chargeable in respect of an item mentioned in the first column of the First Schedule to this Order shall be recorded by means of a stamp impressed on the document, or court fee card as appropriate, mentioned in the third column of that Schedule opposite the mention of the item in the said first column. 6. (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. 7. 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 Acts, 1965 to 1987, bail proceedings or an application for an order of certiorari, mandamus, prohibition or quo warranto in respect of a criminal case. 8. No fee shall be payable in any proceedings brought under the Guardianship of Infants Act, 1964 (No. 7 of 1964), the Maintenance Orders Act, 1974 (No. 16 of 1974), the Family Law (Maintenance of Spouses and Children) Act, 1976 (No. 11 of 1976 ), the Family Home Protection Act, 1976 (No. 27 of 1976), the Family Law (Protection of Spouses and Children) Act, 1981 (No. 21 of 1981), the Status of Children Act, 1987 (No. 26 of 1987), the Adoption Acts, 1952 to 1988 or in proceedings brought by a Health Board under the Children Acts, 1908 to 1989. 9. No fee shall be payable by or in respect of any party represented in any civil proceedings by the Chief State Solicitor or a State solicitor acting in that capacity. 10. 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. 11. (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. 12. The Supreme Court and High Court (Fees) Order, 1984 ( S.I. No. 19 of 1984 ), the Supreme Court and High Court (Fees) Order, 1985 ( S.I. No. 36 of 1985 ) and the Supreme Court and High Court (Fees) Order, 1986 ( S.I. No. 375 of 1986 ), 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.

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 judgement, or first copy of an order, per page ... ... £3.00 The attested copy or court fee card. (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 £7.00 plus an addition of £1.00 in respect of every 5 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 £3.00 The attested copy. 4. For a photographic copy of a plan, map, section, drawing, photograph or diagram £3.00 The copy or court fee card. 5. For signing and certifying a document for proof pursuant to the Evidence Act, 1851, per page ... ... ... ... £3.00 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) £50.00 The notice. 2. On filing any notice of motion to the Supreme Court (other than a notice of motion of appeal) ... ... ... £10.00 The notice. 3. On filing or lodging a case stated £20.00 The case stated. 4. On filing an affidavit ... ... ... £7.00 The affidavit. 5. On lodging a notice or other document for service ... ... ... ... £3.00 The notice or other document. and in addition thereto, for each copy to be transmitted ... ... ... ... £0.50 The copy. (but not more, for any number of copies, than £60.00) 6. On a petition or on an application for appointment as Notary Public or Commissioner for Oaths ... ... ... £40.00 The petition or application. 7. On a commission appointing a Notary Public or Commissioner for Oaths ... £150.00 The commission.

PART III

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

Item Fee Document to be stamped Originating Summonses, etc. 1. On sealing a plenary summons, special summons or summary summons and filing a copy ... ... ... ... ... £60.00 The filed copy. 2. On sealing a concurrent plenary summons, concurrent special summons, or concurrent summary summons ... ... £15.00 The filed copy. 3. On filing a petition ... ... ... £40.00 The original petition. 4. On any originating ex parte application (excepting habeas corpus), in addition to fee on filing affidavit £20.00 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 ... ... ... ... £7.00 The original order. 6. On sealing a third party notice ... £7.00 The filed copy. Appearances 7. On entering an appearance ... ... £7.00 The memorandum. Affidavits, etc. 8. On filing an affidavit ... ... ... £7.00 The affidavit. 9. On filing a script annexed to an affidavit of scripts ... ... ... ... ... £7.00 The affidavit of scripts. Notices of Motions, etc. 10. On filing a notice of motion ... ... £10.00 The notice. 11. On filing a notice other than a notice to which Item Nos. 10, 12 and 13 relate. £3.00 The notice. 12. On filing a notice of appeal from the Master ... ... ... ... ... £10.00 The notice of appeal. 13. On lodging a notice of appeal from the Circuit Court to the High Court ... ... £25.00 The notice. Setting Down, etc. 14. On setting down an action for trial £50.00 The setting down docket. 15. On filing or lodging a case stated £30.00 The case stated. Orders 16. On subpoena ad testificandum or duces tecum ... ... ... ... ... £7.00 The order or court fee card. 17. Commission to examine witness or request in lieu of ... ... ... ... £7.00 The order or court fee card 18. On entering judgement in the Central Office in default of appearance or of pleading ... ... ... ... ... £7.00 The judgment. Certificates, etc. 19. On a certificate of pleadings or proceedings ... ... ... ... ... £3.50 The certificate or court fee card. 20. On a certificate under Order 36, Rule 39, of the Rules of the Superior Courts £17.00 The certificate or court fee card. 21. On a sale under an order of the Court of...