Supreme Court Fees Order 1980
| Jurisdiction | UK Non-devolved |
| Citation | SI 1980/821 |
| Year | 1980 |
1980 No. 821
SUPREME COURT OF JUDICATURE,
ENGLAND AND WALES
FEES AND STAMPS
The Supreme Court Fees Order 198012thJune 1980
7thJuly 1980
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. This Order may be cited as the Supreme Court Fees Order 1980 and shall come into operation on 7th July 1980.
2. In this Order, unless the context otherwise requires—
(a) an Order or rule referred to by number means the Order or rule so numbered in the Rules of the Supreme Court 1965(d) and expressions defined in those Rules shall have the same meaning in this Order;
(b) a fee referred to by number means the fee so numbered in the Schedule to this Order.
3. The fees set out in column 2 of the Schedule to this Order shall be taken in the Supreme Court in respect of the items set out opposite thereto in column 1.
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 1 of the Schedule is applicable;
(iv) the enrolment of documents;
(v) criminal proceedings (except proceedings on the Crown side of the Queen's Bench Division to which the scale contained in the Schedule is applicable);
(vi) proceedings by sheriffs, under-sheriffs, deputy-sheriffs or other officers of the sheriff;
(vii) matrimonial proceedings.
(a) 1925 c. 49.
(b) 1948 c. 38.
(c) 1879 c. 58.
(d) S.I. 1965/1776, to which there are amendments not relevant to this Order.
5.—(1) Where it appears to the Lord Chancellor that the payment of any fee specified in the Schedule 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.
(2) Where Fee No. 25(a) has been paid on the appointment of a judge of the Commercial Court as an arbitrator or umpire but the arbitration does not proceed to a hearing or an award, the fee shall be refunded.
6. 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.
7.—(1) The fees prescribed by this Order shall, subject to the provisions of paragraph (2) of this Article, be taken in cash as they fall to be paid and the document indicated in column 3 of the Schedule shall be marked by an officer of the court receiving the fee, showing the amount of the fee and the date of its receipt.
(2) Fee No. 26(b) (being the fee payable on the sale of a ship or goods in an Admiralty matter) shall be taken by transfer from money in court.
8. The Supreme Court Fees Order 1975(a) is hereby revoked, save as to any fee or percentage due or payable before the commencement of this Order.
Hailsham of St. Marylebone, C.
Dated 11th June 1980.
Lane, C.J.
Denning, M.R.
John Arnold, P.
Dated 12th June 1980.
Peter Morrison, J. A. Douglas-Hamilton, Two of the Lords Commissioners of Her Majesty's Treasury.
Dated 12th June 1980.
(a) S.I. 1975/1343; relevant amending instruments are S.I. 1976/1506, 1978/1244, 1979/968.
SCHEDULE
Section 1 Fees payable in every division of the High Court
Section 2 Fees payable in Admiralty Matters
Section 3 Fees payable in the Court of Appeal
Section 4 Fees payable in the Funds Office
Section 5 Fees payable on the taxation of costs
Section 6 Fees payable on proceedings under the Companies Act, 1948
SECTION 1
FEES PAYABLE IN EVERY...
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