The Supreme Court Fees (Amendment) Order 1993

• Citation: S.I. 1993/3191
• Sections: 10

Section 1 Citation, commencement and interpretation.

This Order may be cited as the Supreme Court Fees (Amendment) Order 1993 and shall come into force on 11th January 1994.

Section 2 Citation, commencement and interpretation.

In this Order—

(1) “the 1980 Order ” means the Supreme Court Fees Order 1980 ;

(2) an article or fee referred to by number means the article or fee so numbered in the 1980 Order.

Section 3 Amendments to the 1980 Order

The 1980 Order shall be amended in accordance with the following provisions of this Order.

Section 4 Amendments to the 1980 Order

For article 5 there shall be substituted the following—

(5)

(1) No fee shall be payable under this Order where the person who would otherwise be liable to pay it is in receipt of income support under Part VII of the Social Security Contributions and Benefits Act 1992 .

(2) Where Fee No.25(a) has been paid on the appointment of a judge of the Commercial Court or an official referee as an arbitrator or umpire but the arbitration does not proceed to a hearing or an award, the fee shall be refunded.

(3) Where it appears to the Lord Chancellor that payment of any fee under this Order would involve undue financial hardship because of the exceptional circumstances of the particular case, he may reduce or remit the fee in that case.

Section 5 Amendments to the 1980 Order

In relation to each fee shown in column 1 of the Schedule to this Order, the amount shown in column 3 shall be substituted for the amount shown in column 2.

Section 6 Amendments to the 1980 Order

In Fee No.2, for the word “abroad.” there shall be substituted the following—

abroad,

Section 7 Amendments to the 1980 Order

(1) Fee No.5E shall be omitted.

(2) In the paragraph following Fee No.5E, for “5B, 5D and 5E” there shall be substituted “5B and 5D”.

(3) In Fee No.5F, “,5E” shall be omitted.

Section 8 Amendments to the 1980 Order

In Fee No.5J, for the words “fixing a date for the trial of a cause or matter before an official referee” there shall be substituted the words “obtaining allocation of a case to an official referee”.

Section 9 Amendments to the 1980 Order

For Fee No.25 there shall be substituted the following—

Judge or Official Referee sitting as Arbitrator

(25)

(a) On the appointment of—

(i) a judge of the Commercial Court as an arbitrator or umpire under section 4 of the Administration of Justice Act 1970 ; or

(ii) an official referee as an arbitrator or umpire under section 11 of the Arbitration Act 1950 and

(b) for every day or part of a day (after the first day) of the hearing before—

(i) a judge; or the judge or official

(ii) an official referee so appointed as arbitrator or umpire.

Section 10 Amendments to the 1980 Order

In Fee No.30, after paragraph (d) there shall be inserted the following—

(e) on filing an appeal in bankruptcy

(f) on filing a notice of cross appeal or a respondent’s notice