Supreme Court Fees Order 1975
| Jurisdiction | UK Non-devolved |
| Citation | SI 1975/1343 |
| Year | 1975 |
1975 No. 1343 (L. 15)
SUPREME COURT OF JUDICATURE, ENGLAND
FEES AND STAMPS
The Supreme Court Fees Order 197529thJuly 1975
1stOctober 1975
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.—(1) This Order may be cited as the Supreme Court Fees Order 1975 and shall come into operation on 1st October 1975.
(2) The Interpretation Act 1889(d) shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.
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(e), as amended (f), 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;
(c) a section referred to by number in section 9 of the Schedule means the section so numbered in the Companies Act 1948.
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.
(a) 1925 c. 49.
(b) 1948 c. 38.
(c) 1879 c. 58.
(d) 1889 c. 63.
(e) S.I. 1965/1776 (1965 III, p. 4995).
(f) There are no relevant amendments.
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. 60 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 and the document indicated in column 3 of the Schedule shall be marked by the officer of the court receiving the fee, showing the amount of the fee and the date of its receipt.
(2) Fees Nos. 34 and 42 shall be taken by transfer from money in court.
8.—(1) In the case of Fees Nos. 15, 16, 17 and 18 (being fees payable in the Chancery Division) payment shall be made at such time as the Court may direct and, if an account or inquiry is not completed, the party having conduct of the proceedings shall pay such fee as the Court may direct.
(2) In any case to which the foregoing sub-paragraph applies, the Court may direct the party having conduct of the proceedings to make a deposit of money on account of the fees which may become payable.
(3) Where any fee is paid or deposit made under the provisions of this Article, the receipt thereof shall be marked on the praecipe or such other document as the Court may direct.
9. The Supreme Court Fees Order 1970(a), the Supreme Court Fees (Amendment) Order 1971(b), the Supreme Court Fees (Amendment) Order 1972(c) and the Supreme Court Fees (Amendment) Order 1974(d) are hereby revoked, save as to any fee or percentage due or payable before the commencement of this Order.
Elwyn-Jones, C.
Dated 24th July 1975.
Widgery, C. J.
Denning, M. R.
George Baker, P.
Dated 21st July 1975.
M. Cocks, Donald R. Coleman, Two of the Lords Commissioners of Her Majesty's Treasury.
Dated 29th July 1975.
(a) S.I. 1970/1870 (1970 III, p. 6135).
(b) S.I. 1971/1245 (1971 II, p. 3615).
(c) S.I. 1972/1190 (1972 II, p. 3528).
(d) S.I. 1974/1384 (1974 II, p. 5326).
SCHEDULE
Section 1 Fees payable in every division of the High Court Section 2 Fees payable in the Chancery Division Section 3 Fees payable in the Queen's Bench Division Section 4 Fees payable in Admiralty Matters Section 5 Fees payable in the Court of Appeal Section 6 Fees payable for copies of documents. Section 7 Fees payable in the Supreme Court Pay Office. Section 8 Fees payable on the taxation of costs. Section 9 Fees payable on proceedings under the Companies Act 1948. Section 10 Miscellaneous fees.
SECTION 1
FEES PAYABLE IN EVERY DIVISION OF THE HIGH COURT
Column 1 Column 2 Column 3
Item Fee Document to be
£ marked
Commencement of a cause or matter
1.—(i) On sealing—
(a) a writ of summons, The filed copy.
(b) an originating summons,
where no other fee is
specially provided, The filed copy.
(c) an originating notice of
motion, except a notice of
appeal to the High Court, or The notice of motion.
(d) on presenting an originating
petition except where a fee
under section 9 of this
Schedule is payable:
in each case … … … … … 15·00 The petition.
(ii) On sealing an originating
summons for approval of an infant
settlement. 5·00 The filed copy.
2. On an originating ex parte
application where no other fee is
specifically prescribed: 2·00 The affidavit filed in
Provided that, where the support of the application.
applicant is 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.
3. On bespeaking a request for
the service of process or notice
thereof out of the jurisdiction. 5·00 The request.
4. On sealing a...To continue reading
Request your trial