Chancery of Lancaster (Court Fees) Order 1966
| Jurisdiction | UK Non-devolved |
| Citation | SI 1966/693 |
1966 No. 693
LANCASTER
The Chancery of Lancaster (Court Fees) Order 19667thJune 1966
15thJune 1966
16thJune 1966
The Right Honourable George Morgan Thomson, M.P., Chancellor of the Duchy and County Palatine of Lancaster with the advice and consent of Thomas Arthur Collier Burgess, Esquire, Vice Chancellor of the said County Palatine of Lancaster and with the approval of the authority for the time being empowered to make rules for the Supreme Court and in pursuance of the powers and authorities conferred by section 4 of the Court of Chancery of Lancaster Act 1850(a) and section 6 of the Chancery of Lancaster Act 1890(b) and all other powers and authorities enabling him in that behalf doth hereby order and direct as follows:—
1. The Interpretation Act 1889(c), 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 Chancery of Lancaster Rules 1884 (as amended)(d).
(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 VI of the First Schedule to this Order means the section so numbered in the Companies Act 1948(e).
(4) Expressions defined in Order 56 shall have the meanings respectively assigned to them by that Order.
3. The fees set out in the second column of the First Schedule to this Order shall be taken in the Court of Chancery of the County Palatine of Lancaster 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 proceedings by sheriffs, under-sheriffs, deputy-sheriffs, or other officers of the sheriff.
5. Where it appears to the Vice-Chancellor that the payment of any fee specified in the said First Schedule would, owing to the exceptional circumstances of the particular case, involve undue hardship, the Vice-Chancellor may reduce or remit the fee in that case.
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.
(a) 1850 c. 43.
(b) 1890 c. 23.
(c) 1889 c. 63.
(d) Rev. 1903 VI. Lancaster (Ct. of Chancery) p. 23.
(e) 1948 c. 38.
7. No fee except Fee No. 48 shall be received without a form of receipt under the hand or stamp of the comptroller (hereinafter called a fee receipt), being delivered to the person paying such fee.
8. Fee receipts, for each denomination of fee, with consecutive numbers, shall be furnished by the comptroller to the registrar on demand, in a form to be provided by the Duchy, and the comptroller shall keep a proper record of the fee receipts so issued by him.
9. Upon issuing any fee receipt, the registrar, assistant registrar, or clerk issuing it shall impress thereon the date of issue.
10. The registrars, assistant registrars, and all clerks employed in the Chancery offices, before filing or acting upon any document, shall see that a fee receipt for the amount of the fee payable thereon has been affixed to the proper document, and shall cancel such fee receipt by stamping it with a stamp to be provided for that purpose.
11. The proper documents to which such fee receipts are to be attached are specified in the third column of the said First Schedule.
12. In the case of Fees Nos. 26, 27, 28 and 29
(a) payment shall be made at such time as the Vice-Chancellor or Registrar may direct;
(b) if payment is postponed until after the certificate has been filed, the fee receipt shall be attached to a praecipe or such document as the Vice-Chancellor or Registrar may direct;
(c) the Vice-Chancellor or Registrar may direct the party having conduct of the proceedings to make a deposit 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 Vice-Chancellor or Registrar may direct to be attached to a praecipe or such other document as may be prescribed.
13. The Rule and Orders set out in the Second Schedule to this Order are hereby revoked, save as to any fee or percentage payable before the commencement of this Order.
14. This Order may be cited as the Chancery of Lancaster (Court Fees) Order 1966, and shall come into operation on the 16th June 1966.
G. M. Thomson, Chancellor.
Thomas Burgess, Vice-Chancellor.
Dated this 7th day of June 1966.
Approved by the authority empowered to make Rules for the Supreme Court.
George Coldstream.
The Schedules above referred to.
SCHEDULE 1
SECTION I
First Column Second Third Column
Column
Document to be
Item Fee 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 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 a fee under section VI of
this schedule is payable 4 0 0 The petition.
6. On sealing an originating notice of
motion 6 0 0 The notice of motion.
7. On amending an originating petition or an
originating notice of motion on which The amended petition or
Fee No. 6 has been paid or is payable 0 10 0 notice.
8. On an originating ex parte application The affidavit filed in
where no...To continue reading
Request your trial