The Supreme Court Fees Order 1999

• Citation: S.I. 1999/687
• Sections: 51

Section 1 Citation and commencement

This Order may be cited as the Supreme Court Fees Order 1999 and shall come into force on 26th April 1999.

Section 2 Interpretation

In this Order, unless the context otherwise requires–

(a) a fee referred to by number means the fee so numbered in Schedule 1 to this Order;

(b) “the CPR ” means the Civil Procedure Rules 1998 ; and

(c) expressions also used in the CPR have the same meaning as in those Rules.

Section 3 Fees to be taken

The fees set out in column 2 of Schedule 1 to this Order shall be taken in the Supreme Court in respect of the items described in column 1 in accordance with and subject to the directions specified in column 1.

Section 4 Fees to be taken

The provisions of this Order shall not apply to–

(a) non-contentious probate business;

(b) proceedings in the Court of Protection, except in so far as any fee prescribed in section 1 of Schedule 1 is applicable;

(c) the enrolment of documents;

(d) criminal proceedings (except proceedings on the Crown side of the Queen’s Bench Division to which the fees contained in Schedule 1 are applicable);

(e) proceedings by sheriffs, under-sheriffs, deputy-sheriffs or other officers of the sheriff; and

(f) family proceedings.

Section 5 Exemptions, reductions and remissions

(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 any qualifying benefit, and

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

(2) The following are qualifying benefits for the purposes of paragraph (1)(a) above–

(a) income support;

(b) family credit and disability working allowance under Part VII of the Social Security Contributions and Benefits Act 1992 ; and

(c) income-based jobseeker’s allowance under the Jobseekers Act 1995 .

Section 6 Exemptions, reductions and remissions

Where it appears to the Lord Chancellor that the payment of any fee prescribed by this Order would, owing to the exceptional circumstances of the particular case, involve undue financial hardship, he may reduce or remit the fee in that case.

Section 7 Exemptions, reductions and remissions

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.

Section 8 Revocations

The Orders specified in Schedule 2 shall be revoked, except as to any fee or other sum due or payable under those Orders before the commencement of this Order.

Section 1.1 Commencement of proceedings

On the commencement of originating proceedings (including originating proceedings issued after leave to issue is granted) to recover a sum of money, where the sum claimed:

(a) does not exceed £50,000

Section 1.2

On the commencement of originating proceedings for any other remedy or relief (including originating proceedings issued after leave to issue is granted)

Section 1.3

On the filing of proceedings against a party or parties not named in the originating proceedings

Section 1.4

On the filing of a counterclaim

Section 1.5

(a) On an application for leave to issue originating proceedings

Section 2.1 General Fees

On the claimant filing an allocation questionnaire; or

where the court dispenses with the need for an allocation questionnaire, within 14 days of the date of despatch of the notice of allocation to track; or

where the CPR or a Practice Direction provide for automatic allocation or provide that the rules on allocation shall not apply, within 28 days of the filing of the defence (or the filing of the last defence if there is more than one defendant), or within 28 days of the expiry of the time permitted for filing all defences if sooner

Section 2.2

On the claimant filing a listing questionnaire; or

where the court fixes the trial date or trial week without the need for a listing questionnaire, within 14 days of the date of despatch of the notice (or the date when oral notice is given if no written notice is given) of the trial week or the trial date if no trial week is fixed

Section 2.3

Where no other fee is specified, on filing a notice of appeal (including an appeal against an allocation decision), or a case stated or a special case for the opinion of the High Court pursuant to statute, or a notice of cross appeal, or a respondent’s notice of appeal

Section 2.4

On an application on notice where no other fee is specified

Section 2.5

On an application by consent or without notice for a judgment or order where no other fee is specified

Section 2.6

On an application for a summons or order for a witness to attend court to be examined on oath, other than an application for which fee 3.2 is payable

Section 2.7

On an application to vary a judgment or suspend enforcement (where more than one remedy is sought in the same application only one fee shall be payable)

Section 3.1 Enforcement

On sealing a writ of execution/possession/delivery

Section 3.2

On an application to question a judgment debtor or other person on oath in connection with enforcement of a judgment

Section 3.3

On an application for a garnishee order nisi or a charging order nisi, or the appointment of a receiver by way of equitable execution

Section 3.4

On an application for a judgment summons

Section 3.5

On a request or application to register a judgment or order, or for leave to enforce an arbitration award, or for a certified copy of a judgment or order for use abroad

Section 4.1 Bills of Sale

On filing any document under the Bills of Sale Acts 1878 and 1882

Section 4.2 Searches

For an official certificate of the result of a search for each name, in any register or index held by the court; or in the Court Funds Office, for an official certificate of the result of a search of unclaimed balances for a specified period of up to 50 years

Section 4.3

On a search in person of the bankruptcy and companies records, including inspection, for each 15 minutes or part of 15 minutes

Section 4.4 Judge sitting as arbitrator

On the appointment of–

(a) a judge of the Commercial Court as an arbitrator or umpire under section 93 of the Arbitration Act 1996 ; or

Section 4.5

For every day or part of a day (after the first day) of the hearing before–

(a) a judge of the Commercial Court; or

Section 5 Fees payable in Admiralty Matters

In the Admiralty Registrar and Marshal’s Office–

Section 5.1 Fees payable in Admiralty Matters

On the issue of a warrant for the arrest of a ship or goods

Section 5.2

On the sale of a ship or goods–

subject to a minimum fee of £200,

(a) for every £100 or fraction of £100 of the price up to £100,000

Section 5.3

On entering a reference for hearing by the Registrar

Section 6.1 Companies Act 1985 and Insolvency Act 1986

On entering a bankruptcy petition:

(a) if presented by a debtor or the personal representative of a deceased debtor

Section 6.2

On entering a petition for an administration order

Section 6.3

On entering any other petition

Section 6.4

(a) On a request for a certificate of discharge from bankruptcy

Section 7.1 Copy Documents

On a request for a copy of any document (including a faxed copy where requested) or for examining a plain copy and marking it as an office copy:

(a) per page for the first five pages of each document

Section 7.2

Where copies of any document are made available on a computer disk or in other electronic form, for each such copy

Section 8.1 Affidavits

On taking an affidavit or an affirmation or attestation upon honour in lieu of an affidavit or a declaration except for the purpose of receipt of dividends from the Accountant General and for a declaration by a shorthand writer appointed in insolvency proceedings

Section 8.2

For each exhibit referred to in an affidavit, affirmation, attestation or declaration for which fee 8.1 is payable

Section 9.1 Fees payable in appeals to the Court of Appeal

On filing a notice of appeal

Section 9.2

On filing a respondent’s notice

Section 9.3

On filing any application notice

Section 10 Determination of costs

Transitional Provision

Section 10.1

On the filing of a request for detailed assessment where the party filing the request is legally aided and no other party is ordered to pay the costs of the proceedings

Section 10.2

On the filing of a request for a detailed assessment hearing in any case where fee 10.1 does not apply; or on the filing of a request for a hearing date for the assessment of costs payable to a solicitor by his client pursuant to an order under Part III of the Solicitors Act 1974

Section 10.3

On an application for the issue of a default costs certificate

Section 10.4

On an appeal against a decision made in detailed assessment proceedings or on an application to set aside a default costs certificate