Statutory Instrument 1995 No. 2629 (L. 13)

The Supreme Court Fees (Amendment) Order 1995

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© Crown Copyright 1995

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1995 No. 2629 (L. 13)

SUPREME COURT OF ENGLAND & WALES

The Supreme Court Fees (Amendment) Order 1995

The Lord Chancellor, in exercise of the powers conferred on him by section 130 of the Supreme Court Act 1981^[1], sections 414 and 415 of the Insolvency Act 1986^[2] and section 128 of the Finance Act 1990^[3], with the concurrence of the Lord Chief Justice, the Master of the Rolls, 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
    1.    This Order may be cited as the Supreme Court Fees (Amendment) Order 1995 and shall come into force on 30th October 1995.

    2.    In this Order an article referred to by number means the article so numbered in the Supreme Court Fees Order 1980^[4], and a column or fee referred to by number means the column or fee so numbered in the Schedule to that Order.

Amendments to the Supreme Court Fees Order 1980
    3.    For article 5(1) there shall be substituted the following:—
    "5.—(1)  No fee shall be payable under this Order by a party who, at the time when a fee would otherwise become payable,
(a) is in receipt of income support under Part VII of the Social Security Contributions and Benefits Act 1992^[5], and

(b) is not in receipt of representation under Part IV of the Legal Aid Act 1988^[6] for the purposes of the proceedings." .

    4.    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.
TABLE

Fee No.	Existing entry in Column 2	New entry in Column 2
1.	100.00	120.00
11(c)	15.00	20.00
11(d)	15.00	20.00
13	25.00	30.00
14	25.00	35.00
25(a)(i)	1700.00	1800.00
25(a)(ii)	1200.00	1400.00
25(b)(i)	1700.00	1800.00
25(b)(ii)	1200.00	1400.00
27(a)(i)	100.00	120.00
27(a)(ii)	100.00	120.00
27(c)	50.00	60.00
29(f)	15.00	35.00
30(a)	50.00	55.00
30(b)(i)	20.00	25.00
30(b)(ii)	50.00	55.00
30(c)	50.00	55.00
30(f)	15.00	25.00

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

Column 1 (No. and description of fee)	Column 2 (Amount of fee)
"18.    For a copy of any document, or examining a plain copy and marking it as an office copy, per page	£1.00

    6.    Fees Nos. 19, 20 and 30(d) shall be omitted.

    7.    For columns 1 and 2 in Fee No. 24 there shall be substituted the following:—

Column 1 (No. and description of fee)	Column 2 (Amount of fee)
"24. (a) On a search of court documents (except a search for acknowledgement of service and a search under the Bills of Sale Act (1878) Amendment Act 1882[7]) including inspection, for each file	£5.00
(b) On a search in person of bankruptcy and company records, including inspection, for each 15 minutes or part thereof	£5.00

Mackay of Clashfern, C

Dated 4th October 1995
We concur,

Taylor, C.J.

Bingham, M.R.

Richard Scott, V.-C.

Dated 3rd October 1995
We concur,

David Willetts

Derek Conway

Two of the Lords Commissioners of Her Majesty's Treasury

Dated 9th October 1995

This Order amends the Supreme Court Fees Order 1980 to-
    (1)  remove exemption from payment of court fees for those on income support who are also in receipt of civil legal aid (article 3);

    (2)  increase the following fees as indicated (article 4):

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	100	120
11(c)	Cross appeal to High Court.	15	20
11(d)	Respondent's appeal to High Court.	15	20
13	Application for a garnishee order, charging order or receiver.	25	30
14	Application to examine judgment debtor before officer of the court.	25	35
25(a)(i)	Appointment of Commercial Court judge as arbitrator.	1700	1800
25(a)(ii)	Appointment of official receiver as arbitrator.	1200	1400
25(b)(i)	Judge arbitrator per day after first day.	1700	1800
25(b)(ii)	Official referee arbitrator per day after first day.	1200	1400
27(a)(i)	Appeal to Court of Appeal from county court.	100	120
27(a)(ii)	Appeal to Court of Appeal, other.	100	120
27(c)	Application to Court of Appeal.	50	60
29(f)	Application to judge to review a taxing officer's decision.	15	35
30(a)	Issue of companies winding up petition.	50	55
30(b)(i)	Issue of bankruptcy petition-debtor.	20	25
30(b)(ii)	Issue of bankruptcy petition-creditor.	50	55
30(c)	Issue of any other petition under the Companies Act 1985[8] or Insolvency Act 1986.	50	55
30(f)	Cross appeal or respondent's notice under the Companies Act 1985 or the Insolvency Act 1986.	15	25



    (3)  replace the fees payable on obtaining copies of documents with a single fee (articles 5 and 6);

    (4)  revoke the fee payable on the hearing of a public examination (article 6);

    (5)  modify fee No. 24 (search fee) (now fee No. 24(a)) to charge £5.00 per file rather than £5.00 per hour (article 7);

    (6)  introduce a new fee No. 24(b) for personal searches of bankruptcy and companies records (article 7).

[1] 1981 c. 54. back

[2] 1986 c. 45; sections 414 and 415 have been amended by the Insolvency Fees Amendment Order 1992, S.I. 1992/34. back

[3] 1990 c. 29. back

[4] S.I. 1980/821; the relevant amending instruments are S.I. 1982/1707, 1983/1680, 1986/637 and 2144, 1990/1460 and 1993/3191. back

[5] 1992 c. 4. back

[6] 1988 c. 34. back

[7] 1982 c. 43. back

[8] 1985 c. 6. back