Citation, commencement and interpretation

1

This Order may be cited as the Supreme Court Fees (Amendment) Order 2003 and shall come into force on 1st April 2003.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see above.

2

2

In this Order a fee or column referred to by number means the fee or column so numbered in Schedule 1 to the Supreme Court Fees Order 1999.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see art 1.

Amendments to the Supreme Court Fees Order 1999

3

Amendments to the Supreme Court Fees Order 19993

In column 2 of fee 1.1(a), for “£350”, substitute “£400”.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see art 1.

4

4

For columns 1 and 2 of fee 1.1(b), substitute—

“Column 1
Number and description of fee
Column 2
Amount of fee
(b) exceeds £50,000 but does not exceed £100,000£600
(c) exceeds £100,000 but does not exceed £150,000£700
(d) exceeds £150,000 or is not limited£800”
NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see art 1.

5

5

In column 2 of fee 1.2, for “£120”, substitute “£180”.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see art 1.

6

6

After fee 1.4, in column 1, insert—

Fee 1.4

No fee is payable on a counterclaim which a defendant is required to make under the CPR because he contends that he has any claim or is entitled to any remedy relating to a grant of probate of a will, or letters of administration of an estate, of a deceased person.”

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see art 1.

Administration of Estates95 Personal Representatives & Administration of Estates91 Tax Law95 Succession Law & Estate Planning91 Estate Taxes95

7

7

In column 2 of fee 1.6(b), for “£120”, substitute “£180”.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see art 1.

8

8

In column 2 of fee 2.1, for “£80”, substitute “£120”.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see art 1.

9

9

In fee 2.2—

(a)    in column 1, for “7 days”, substitute “14 days”; and

(b)    in column 2, for “£400”, substitute “£600”.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see art 1.

10

10

For columns 1 and 2 of fees 2.3(a) and (b) and the notes thereto, substitute—

“Column 1
Number and description of fee
Column 2
Amount of fee
2.3 On filing—£100”
— an appellant's notice, or
— a respondent's notice where the respondent is appealing or wishes to ask the appeal court to uphold the order of the lower court for reasons different from or additional to those given by the lower court
Fee 2.3
Fee 2.3 does not apply on appeals against a decision made in detailed assessment proceedings.
NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see art 1.

11

11

In column 2 of fee 2.4, for “£50”, substitute “£60”.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see art 1.

12

12

In fee 2.5—

(a)    in column 1, before “Fees 2.4 and 2.5”, insert—

“Fee 2.5 shall not be payable in relation to an application by consent for an adjournment of a hearing where the application is received by the court at least 14 days before the date set for that hearing.”; and

(b)    in column 2, for “£25”, substitute “£30”.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see art 1.

13

13

In column 2 of fee 2.7, for “£25”, substitute “£30”.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see art 1.

14

14

In column 2 of fee 3.1, for “£20”, substitute “£30”.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see art 1.

15

15

In column 2 of fee 3.4, for “£80”, substitute “£90”.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see art 1.

16

16

In column 2 of fee 6.1(a), for “£120”, substitute “£140”.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see art 1.

17

17

In column 2 of fee 6.1(b), for “£150”, substitute “£180”.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see art 1.

18

18

In column 2 of fee 6.2, for “£100”, substitute “£130”.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see art 1.

19

19

In column 2 of fee 6.3, for “£150”, substitute “£180”.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see art 1.

20

20

In column 2 of fee 6.4(a), for “£50”, substitute “£60”.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see art 1.

21

21

After fee 6.4, insert—

“Column 1
Number and description of fee
Column 2
Amount of fee
6.5 On an application under the Companies Act 1985 or the Insolvency Act 1986 other than one brought by petition and where no other fee is specified.£130
Fee 6.5
Fee 6.5 is not payable where the application is made in existing proceedings.
6.6 On an application for the conversion of a voluntary arrangement into a winding up or bankruptcy under Article 37 of Council Regulation (EC) No 1346/2000.£130
6.7 On an application, for the purposes of Council Regulation (EC) No 1346/2000, for an order confirming creditors' voluntary winding up (where the company has passed a resolution for voluntary winding-up, and no declaration under section 89 of the Insolvency Act 1986 has been made)£30
6.8 On filing—£30
— a notice of intention to appoint an administrator under paragraph 14 of Schedule B1 to the Insolvency Act 1986 or in accordance with paragraph 27 of that Schedule; or
— a notice of appointment of an administrator in accordance with paragraphs 18 or 29 of that Schedule
Fee 6.8
Where a person pays fee 6.8 on filing a notice of intention to appoint an administrator, no fee shall be payable on that same person filing a notice of appointment of that administrator.
6.9 On submitting a nominee's report under section 2(2) of the Insolvency Act 1986 or£30
6.10 On filing documents in accordance with paragraph 7(1) of Schedule A1 to the Insolvency Act 1986£30”
NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see art 1.

Administration99 Insolvency Law99

22

22

In column 2 of fee 10.2, for “£180”, substitute “£250”.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see art 1.

23

23

For columns 1 and 2 of fee 10.4, substitute—

“Column 1
Number and description of fee
Column 2
Amount of fee
10.4 On an appeal against a decision made in detailed assessment proceedings£100”
NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see art 1.

24

24

In column 2 of fee 10.5, for “£20”, substitute “£30”.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see art 1.

25

25

After fee 10.5, insert—

“Column 1
Number and description of fee
Column 2
Amount of fee
10.6 On a request or an application to set aside a default costs certificate£60”
NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see art 1.

Signature

Irvine of Lairg, C

3rd March 2003

We concur

Lord Woolf of Barnes

Lord Phillips of Worth Matravers

Dame Elizabeth Butler-Sloss, DBE

Sir Andrew Morritt

dated

We concur

Jim Fitzpatrick,

Nick Ainger,

Two of the Lords Commissioners of Her Majesty's Treasury

7th March 2003

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Order)

This Order amends the Supreme Court Fees Order 1999. The table below sets out where fees have been increased or new fees introduced.

In addition:

—    Article 6 adds a note to fee 1.4 to provide that a fee is no longer payable on filing a counterclaim in contentious probate proceedings which he is required to file by virtue of the Civil Procedure Rules 1998;

—    Article 9 amends the note to fee 2.2 to provide that where a case is settled or discontinued the party who paid fee 2.2 on filing a listing questionnaire will be entitled to a discount if he notifies the court of that fact at least 14 days before the trial date (instead of 7 days as at present);

—    Article 10 amends fee 2.3 to provide that a single fee is now payable on leave or on appeal;

—    Article 12 adds a note to fee 2.5 to provide that no fee is payable on a consent application for adjournment where this is made at least 14 days before the hearing;

—    Article 23 substitutes a new fee 10.4, on an appeal against a decision made in detailed assessment proceedings only;

—    Article 25 introduces a new fee 10.6, on a request or application to set aside a default costs certificate (this used to be covered by fee 10.4);

—    Article 21 introduces new fees in insolvency proceedings to reflect new legislation;

Brief Description of New FeeOld Fee NoOld Fee £New Fee £
1.1(a) Money claim up to £50,0001.1(a)350400
1.1(b) Money claim over £50,000 not over £100,0001.1(b)500600
1.1(c) Money claim over £100,000 not over £150,0001.1(b)500700
1.1(d) Money claim over £150,000 or is not limited1.1(b)500800
1.2 Non monetary claim1.2120180
1.4 Counterclaim1.4As claimAs claim but no fee in probate
1.6(b) Judicial Review1.6(b)120180
2.1 Allocation2.180120
2.2 Listing for trial (refund on notice 14 days before trial)2.2400600
2.3 Leave to appeal/appeal2.3(a)(b)50–150100
2.4 On notice application2.45060
2.5 Without notice application (fee not payable on consent application for adjournment at least 14 days before hearing)2.52530
2.7 Application to vary judgment/suspend enforcement (one fee on combined application)2.72530
3.1 Sealing writ of execution/delivery/possession3.12030
3.4 Application for judgment summons3.48090
6.1(a) Bankruptcy petition (debtor's)6.1(a)120140
6.1(b) Bankruptcy petition (creditor/other)6.1(b)150180
6.2 Petition for administration order6.2100130
6.3 Any other petition6.3150180
6.4(a) Request for certificate of discharge6.4(a)5060
6.5 Application under Companies Act 1985 or Insolvency Act 1986 where no other fee specified (not in existing proceedings)1.2120130
6.6 Conversion of voluntary arrangement to winding-up or bankruptcy under Article 37 of Council Regulation (EC) No 1346/2000No feeNo fee130
6.7 Application, for purposes of Council Regulation (EC) No 1346/2000, for order confirming creditors' voluntary winding upNo feeNo fee30
6.8 On filing
— Notice of intention to appoint administrator under para. 14 of Sched. B1 to the Insolvency Act 1986 or in accordance with para. 27 of that Sched; or
— Notice of appointment of administrator in accordance with paras 18 or 29 of that Sched
No feeNo fee30
6.9 On submitting nominee's report under section 2(2) of Insolvency Act 1986No feeNo fee30
6.10 Filing documents in accordance with paragraph 7(1) Schedule A1 to Insolvency Act 1986No feeNo fee30
10.2 Request for detailed assessment hearing10.2180250
10.4 Appeal against detailed assessment10.450100
10.5 Court approval of certificate of costs10.52030
10.6 Application to set aside default costs certificate10.45060

A Regulatory Impact Assessment of the costs and benefits of this Order (and other Orders relating to court fees) was placed in the Libraries of both Houses of Parliament, and is available on the Court Service's website at www.courtservice.gov.uk/using_courts/fees.

Civil Procedure & Administration of Justice91 Bankruptcy Petitions94 Litigation Procedure & Practice91 Bankruptcy93 Insolvency Law93