Supreme Court Fees Order, 1961
| Jurisdiction | UK Non-devolved |
| Citation | SI 1961/2307 |
| Year | 1961 |
1961 No. 2307 (L. 7)
SUPREME COURT OF JUDICATURE, ENGLAND
FEES AND STAMPS
The Supreme Court Fees Order, 19614thDecember 1961
1stJanuary 1962
The Lord Chancellor, the Judges of the Supreme Court and the Treasury, in exercise of the powers and authorities vested in them respectively by section 213 of the Supreme Court of Judicature (Consolidation) Act, 1925(a), section 365(3) of the Companies Act, 1948(b), and sections 2 and 3 of the Public Offices Fees Act, 1879(c), do hereby, according as the provisions of the said enactments respectively authorise and require them, make, advise, concur in, sanction and consent to the following Order:—
1. The Interpretation Act, 1889(d), shall apply to the interpretation of this Order in the same manner as it applies to the interpretation of an Act of Parliament.
2. In this Order, unless the context otherwise requires:—
(1) An Order or Rule referred to by number means the Order or Rule so numbered in the Rules of the Supreme Court.
(2) A fee referred to by number means the fee so numbered in the First Schedule to this Order.
(3) A section referred to by number in section IX of the First Schedule to this Order means the section so numbered in the Companies Act, 1948.
3. The fees set out in the second column of the First Schedule to this Order shall be taken in the Supreme Court in respect of the items set out in the first column of the said Schedule.
4. The provisions of this Order shall not apply to:—
(i) Non-contentious probate business;
(ii) Proceedings in bankruptcy;
(iii) Proceedings in the Court of Protection, except insofar as any fee prescribed in section VII of the First Schedule to this Order is applicable;
(iv) The enrolment of documents;
(a) 15 & 16 Geo. 5. c. 49.
(c) 42 & 43 Vict. c. 58.
(d) 52 & 53 Vict. c. 63.
(v) Criminal proceedings (except proceedings on the Crown side of the Queen's Bench Division to which the scale contained in the said Schedule is applicable);
(vi) Proceedings by sheriffs, under-sheriffs, deputy-sheriffs, or other officers of the sheriff.
5. Where it appears to the Lord Chancellor that the payment of any fee specified in the First Schedule to this Order would, owing to the exceptional circumstances of the particular case, involve undue hardship, the Lord Chancellor may reduce or remit the fee in that case.
6. (1) Where by any convention entered into by Her Majesty with any foreign power it is provided that no fee shall be required to be paid in respect of any proceedings, the fees specified in this Order shall not be taken in respect of those proceedings.
(2) The fees specified in this Order shall be remitted if paid out of money provided by Parliament and not recovered as costs from another party under an order of the court.
7. (1) The fees prescribed by this Order shall, subject to the provisions of this paragraph, be taken by impressed stamps.
(2) Fee No. 64 may be taken by impressed or adhesive stamps.
(3) Fee No. 58 may, and Fees Nos. 59, 60 and 74 shall, be taken by transfer from money in Court.
(4) The document to be stamped shall be the document indicated in the third column of the First Schedule to this Order.
(5) In the District Registries of the High Court, the fees prescribed by this Order shall be taken in cash:
Provided that, on setting down a cause or matter with the associate of a circuit, the fee payable shall be taken by impressed or adhesive stamps.
8. In the case of the following fees payable in the Chancery Division, namely Fees Nos. 29, 30, 31 and 32—
(a) payment shall be made at such time as the court or a Judge may direct;
(b) if payment is postponed until after the certificate has been filed, the fee shall be stamped on a praecipe or such document as the court or a Judge may direct;
(c) the court or a Judge may direct the party having conduct of the proceedings to make a deposit of stamps on account of the fees which may become payable;
(d) if an account or inquiry is not completed, the party having conduct of the proceedings shall pay such fee as the Judge may direct to be stamped on a praecipe or such other document as he may prescribe.
9. For the purposes of this Order, an impressed stamp means an impressed judicature fee stamp, and an adhesive stamp means an adhesive judicature stamp.
10. Every adhesive stamp used in pursuance of this Order shall be cancelled by the proper officer of the Supreme Court in manner following, that is to say, every such stamp shall be defaced in indelible ink by a hand stamp bearing the word "Cancelled" and the date of cancelling.
11. In the case of fees on proceedings for or in the winding-up of a company—
(a) where the stamp is to be impressed, the party presenting the document for stamping shall inform the stamping officer, by means of an indication on the document (such as "Companies Court") or otherwise, that the fee relates to such proceedings; and
(b) where the stamp is to be adhesive, it shall be a stamp on which the words "Companies Winding-up" are printed.
12. The Orders set out in the Second Schedule to this Order are hereby revoked, save as to any fee or percentage due or payable before the commencement of this Order.
13. This Order may be cited as the Supreme Court Fees Order, 1961, and shall come into operation on the first day of January, 1962.
Kilmuir, C.
Parker of Waddington, C.J.
Evershed, M.R.
Merriman, P.
Charles Russell, J.
W. S. I. Whitelaw John Hill Lords Commissioners of Her Majesty's Treasury.
Dated this fourth day of December, 1961.
FIRST SCHEDULE
Section I Fees payable in every Division of the High Court
Section II Fees payable in the Chancery Division
Section III Fees payable in the Queen's Bench Division
Section IV Fees payable in the Probate, Divorce and Admiralty Division
Section V Fees payable in the Court of Appeal
Section VI Fees payable on filing, searches for, inspection and copies of
documents.
Section VII Fees payable in the Supreme Court Pay Office.
Section VIII Fees payable on the taxation of costs.
Section IX Fees payable on proceedings under the Companies Act, 1948.
Section X Miscellaneous fees.
SECTION I
FEES PAYABLE IN EVERY DIVISION OF THE HIGH COURT
First Column Second Third Column
Column
Item Fee Document to be
Stamped
£ s. d.
Commencement of a cause or matter
1. On sealing a writ of summons for the
commencement of an action—
(a) where the claim is for a liquidated
sum not exceeding £100 4 0 0
(b) in any other case 5 0 0 The filed copy.
2. On sealing an originating summons,
except one to which Fee No. 50 relates 4 0 0 The filed copy.
3. On sealing a concurrent or renewed writ
of summons or a concurrent originating
summons 0 10 0 The praecipe.
4. On sealing an amended writ of summons
or an amended originating summons 0 10 0 The filed copy.
5. On presenting an originating petition,
except where Fee No. 49 or a fee under
section IX of this schedule is payable 4 0 0 The petition.
6. On sealing an originating notice of
motion, except a notice of appeal to the
High Court or a notice under Rule 36 (1)
of the Matrimonial Causes Rules, 1957 6 0 0 The notice of motion.
7. On amending an originating petition
(other than a petition on which Fee No. 49
has been paid or is payable) or an origina-
ting notice of motion on which Fee No. 6
has been paid or is payable 0 10 0 The amended petition
or notice.
8. On an originating ex parte application
where no other fee is specifically pre-
scribed— 2 0 0 The affidavit filed in
support of the appli-
Provided that, where the applicant is cation.
directed to issue an originating summons,
credit for the fee paid on the ex parte
application is to be given against the fee
payable on the summons.
Interlocutory applications etc.
9. On an ex parte application
(a) for leave to serve process out of the The affidavit filed in
jurisdiction or by a substituted mode support of the appli-
of service or to dispense with service cation, or, if there is
thereof, or no affidavit, the
(b) for a garnishee or charging order nisi 1 0 0 praecipe.
10. On sealing
(a) a summons, or
(b) a notice under Order XXX, Rule 7 (3) 1 0 0 The summons or notice.
11. On filing a notice of motion (except a
motion for judgment) or a case on
motion where no notice is filed 2 0 0 The notice or case.
12. On sealing a notice under Order XVIA,
Rule 2, 11 or 12 2 0 0 The filed copy.
13. On bespeaking a request for the service of
process or notice thereof out of the
jurisdiction 2 0 0 The praecipe or request.
14. On sealing a commission or letter of
request for the...To continue reading
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