Supreme Court Fees (Amendment) Order 1996

JurisdictionUK Non-devolved
CitationSI 1996/3191

1996 No. 3191 (L. 15)

SUPREME COURT OF ENGLAND & WALES

The Supreme Court Fees (Amendment) Order 1996

Made 16th December 1996

Laid before Parliament 18th December 1996

Coming into force 15th January 1997

The Lord Chancellor, in exercise of the powers conferred on him by section 130 of the Supreme Court Act 19811, sections 414 and 415 of the Insolvency Act 19862and section 128 of the Finance Act 19903, with the concurrence of the Lord Chief Justice, the Master of the Rolls, the President of the Family Division, the Vice-Chancellor and the Treasury under section 130(2) of the Supreme Court Act 1981, and with the sanction of the Treasury under sections 414(1) and 415(1) of the Insolvency Act 1986, hereby makes the following Order:

Citation, commencement and interpretation

Citation, commencement and interpretation

S-1 This Order may be cited as the Supreme Court Fees (Amendment)...

1. This Order may be cited as the Supreme Court Fees (Amendment) Order 1996 and shall come into force on 15th January 1997.

S-2 In this Order:— an article referred to by number means the...

2. In this Order:—

(a) an article referred to by number means the article so numbered in the Supreme Court Fees Order 19804, and

(b) a fee or column referred to by number means the fee or column so numbered in the Schedule to that Order.

Amendments to the Supreme Court Fees Order 1980

Amendments to the Supreme Court Fees Order 1980

S-3 Paragraphs (1) and (3) of article 5 shall be omitted.

Paragraphs (1) and (3) of article 5 shall be omitted.

3. Paragraphs (1) and (3) of article 5 shall be omitted.

S-4 The following shall be inserted after article 7:— 7A Where a...

4. The following shall be inserted after article 7:—

S-7A

“7A Where a bill for taxation is lodged by a party to proceedings who, if the bill is allowed at the full amount thereof, will be required to pay it, the fee prescribed at Fee No. 29(b) shall be limited to £50, unless the taxing officer orders that the full amount of the fee shall be payable.”

S-5 The entries in Column 2 in respect of each of the fees numbered...

5. The entries in Column 2 in respect of each of the fees numbered in the Table below shall be replaced as shown in that Table.

Fee No.

Existing entry in Column 2

New entry in Column 2

2(a)

15.00

50.00

2(b)

15.00

50.00

2(c)

15.00

50.00

2(d)

15.00

50.00

2(e)

30.00

50.00

3

15.00

50.00

4

20.00

50.00

5(A)

20.00

30.00

5(B)

20.00

50.00

5(C)

20.00

30.00

5(D)

20.00

50.00

5(F)

50.00

150.00

5(G)

100.00

500.00

5(H)

100.00

500.00

5(J)

50.00

100.00

6

15.00

30.00

8(a)

20.00

30.00

9

20.00

50.00

11(a)

20.00

50.00

11(b)

20.00

50.00

11(c)

20.00

50.00

11(d)

20.00

50.00

13

30.00

60.00

16(a) (both occurrences)

20.00

30.00

16(b) to (g) (all occurrences)

10.00

30.00

27(a)(i)

120.00

200.00

27(a)(ii)

120.00

200.00

27(b)

50.00

150.00

27(c)

60.00

100.00

29(e)

10.00

20.00

29(f)

35.00

50.00

30(a)

55.00

80.00

30(b)(i)

25.00

50.00

30(b)(ii)

55.00

80.00

30(c)

55.00

80.00

30(e)

25.00

50.00

30(f)

25.00

50.00

S-6 In columns 1 and 2 in Fee No. 1:— the figure of “120.00” in...

6. In columns 1 and 2 in Fee No. 1:—

(a) the figure of “120.00” in column 2, opposite paragraphs (a) to (d) in column 1, shall be omitted;

(b) the following shall be added after the end of paragraph (d):—

“Column 1

Column 2

where the relief sought consists of the recovery of possession of any property (with or without any sum charged thereon) or does not include the payment of money

120.00

where the relief sought is or includes the payment of money (other than money charged on property possession of which is also claimed):

limited to £10,000 or less

120.00

limited to a sum exceeding £10,000 but not exceeding £50,000

150.00

limited to a sum exceeding £50,000 but not exceeding £100,000

300.00

limited to a sum exceeding £100,000, or where no limit is specified

500.00”

S-7 After Fee No. 5A there shall be inserted the following new...

7. After Fee No. 5A there shall be inserted the following new fee:

“Column 1

Column 2

Column 3

5AA On an application ex parte or by consent before a master, district judge or Admiralty registrar or before a bankruptcy registrar, where no appointment is taken.

20.00

The application”

S-8 In column 1 in Fee No. 5C, the words “in Chambers in the...

8. In column 1 in Fee No. 5C, the words “in Chambers in the Queen’s Bench Division” shall be omitted.

S-9 For columns 1 and 2 in Fee No. 18 there shall be substituted...

9. For columns 1 and 2 in Fee No. 18 there shall be substituted the following:—

“Column 1

Column 2

18. For a copy of any document, or examining a plain copy and marking it as an office copy:

(a) per page for the first five pages of each document

1.00

(b) per page for subsequent pages

0.25”

S-10 For columns 1 and 2 in Fee No. 29(b), (c) and (d) there shall...

10. For columns 1 and 2 in Fee No. 29(b), (c) and (d) there shall be substituted the following:—

“Column 1

Column 2

(b) On the lodging of a bill of costs for taxation, subject to the provisions of article 7A, for every £100 or part of £100 of the full amount of the bill as lodged

3.75

(c) On the taxation of a bill of costs, for every £100 or part of £100 of the amount allowed

less any amount paid under Fee No. 29(b) in respect of the lodging of that bill

7.50

(d) On assessing costs in the Chancery Division, for every £100 or part of £100 of the sum assessed

7.50”

Mackay of Clashfern, C.

C.

Dated 11th December 1996

Bingham of Cornhill, C.J.

C.J.

Woolf, M.R.

M.R.

Stephen Brown, P.

P.

Richard Scott, V.-C.

V.-C.

Patrick McLoughlin

Roger Knapman

Two of the Lords Commissioners of Her Majesty’s Treasury

Dated 16th December 1996

(This note is not part of the Order)

This Order amends the Supreme Court Fees Order 1980—

to set the fee charged upon taxation of a bill of costs at £7.50 per £100 of the bill as taxed(article 10);

to provide an advance fee for the lodging of a bill for taxation, equal to half of the estimated final taxation fee as calculated on the assumption that the bill is upheld in full, in place of the existing power to charge on withdrawal of a bill(article 10);

where the bill is lodged by the party who would have to pay the amount of the taxed bill, to limit the amount of the advance fee to £50 unless the taxing officer orders otherwise(article 4);

to increase the following fees as indicated(articles 5 and 6):

Fee No.

Short description of fee (for full description see fees order)

Existing Fee £

New Fee £

1

Issue of writ, originating summons, motion or petition

120

120 to 500, depending on the nature and amount of the claim

2

Sealing an originating summons

15 or 30

50

3

Petition of course

15

50

4

Leave to apply for judicial review

20

50

5A

Master’s appointment

20

30

5B, 5D

Summons or motion for hearing before judge

20

50

5C

Ex parte application

20

30

5F

Setting down for trial

50

150

5G, 5H

Setting down for trial, commercial or Admiralty matter

100

500

5J

Allocation to Official Referee

50

100

6

Setting down cause on motion for judgment

15

30

8(a)

Inquiry, reference for trial, assessment etc.

20

30

9

Notice of appeal to judge

20

50

11

Notice of appeal to High Court

20

50

13

Application for a garnishee order, charging order or receiver

30

60

16

Registering foreign judgments etc.

10 or 20

30

27(a)(i)

Appeal to Court of Appeal from county court

120

200

27(a)(ii)

Appeal to Court of Appeal, other

120

200

27(c)

Application to Court of Appeal

60

100

29(e)

Taxing officer’s review

10

20

29(f)

Application to judge to review a taxing officer’s decision

35

50

30(a)

Issue of companies winding up petition

55

80

30(b)(i)

Issue of bankruptcy petition—debtor

25

50

30(b)(ii)

Issue of bankruptcy petition—creditor

55

80

30(c)

5Issue of any other petition under the Companies Act 1985 or Insolvency Act 1986

55

80

30(e)

Appeal in bankruptcy

25

50

30(f)

Cross appeal or respondent’s notice under the Companies Act 1985 or the Insolvency Act 1986

25

50

to provide that the same fee is payable in all cases of ex parte applications before a judge(article 8);

to reduce the fee for copies of documents to 25p per page after the first five pages of each document(article 9);

to abolish the exemptions and remissions for persons on income support and in cases of financial hardship(article 3);

to introduce a fee of £20 for ex parte applications and consent applications to a master or registrar not involving any attendance(article 7).


(2) 1986 c. 45; sections 414 and 415 have been amended by the Insolvency Fees Amendment Order 1992, S. I. 1992/34.
(4) S. I. 1980/821; the relevant amending instruments are S. I. 1982/1707, 1983/1680, 1986/637 and 2144, 1990/1460, 1993/3191 and 1995/2629.

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