IE
S.I. No. 341/1989 - Supreme Court and High Court (Fees) Order, 1989.
Table of Provisions (69)
Statutory Text (69 Articles)
1. A percentage on the clear annual income of each minor taken into the wardship of the High Court shall be payable at the same rates as apply to the incomes of wards of court who are of unsound mind, save that no percentage shall be charged on any income not amounting to £600.
2. Where a minor has an interest in property, the Registrar of Wards of Court may apportion as remuneration for any services rendered by the minor in connection therewith such part of the profits accruing to him from the property as appears to the Registrar to be reasonable and no percentage shall be charged on the amount thus apportioned.
PART III
CALCULATION, COLLECTION AND DISPOSAL.
The rules heretofore in operation under the Lunacy Regulation (Ireland) Act, 1871, with respect to the method of calculation, collection and disposal of the percentage charged on the incomes of persons of unsound mind shall continue to apply to the percentage charged on such incomes under this Order and shall apply likewise or in an analogous manner to the percentage charged on the incomes of minors under this Order. Where, in any such rule, reference is made to the death of a person of unsound mind, the reference shall, in its application to a minor include (where the context so admits) a reference to his "coming of age.".
GIVEN under my Official Seal, this 13th day of December, 1989.
RAY BURKE, T.D.,
Minister for Justice.
The Minister for Finance consents to the making of the foregoing Order.
GIVEN under the Official Seal of the Minister for Finance, this 13th day of December, 1989.
ALBERT REYNOLDS, T.D.,
Minister for Finance.
EXPLANATORY NOTE.
This Order revises, as from 1 January 1990 the fees chargeable in the Office of the Registrar of the Supreme Court, the Central Office, the Examiner's Office, the Office of the Official Assignee in Bankruptcy, the Taxing Masters' Office, the Accountant's Office, the Office of Wards of Court, the Probate Office and District Probate Registries.
A number of fees are consolidated and some are increased. The Order revokes the Supreme Court and High Court (Fees) Order, 1984 (
S.I. No. 19 of 1984
), the Supreme Court and High Court (Fees) Order, 1985 (
S.I. No. 36 of 1985
) and the Supreme and High Court (Fees) Order, 1986 (
S.I. No. 375 of 1986
).
The Order also provides that the payment of fees in respect of all the items in the First Schedule to the Order may be recorded by either stamps impressed on relevant documents or court fee cards as appropriate.
3. Any fractional part of fifty pence in the amount of a percentage shall be disregarded and shall not be levied or paid.
PART II.
MINOR PERCENTAGES
4. For every notice of Application not filed at time of lodgment of full set of papers of application of grant ... ... ...
£2.00
The application.
5. For every Consent to withdrawal of caveats, warnings etc. ... ... ...
£3.00
The consent.
6. For filing any other Document (except those filed at time of lodgment of full set of papers) of application for a grant... ...
£3.00
The document.
7. For every notice of Change of Solicitor
£2.00
The notice.
8. Fees payable on a Primary Grant of Representation where the net value of the
Estate does not exceed—
The court fee card.
£
500 ... ... ...
£6.00
1,000 ... ... ...
£12.00
2,500 ... ... ...
£18.00
5,000 ... ... ...
£24.00
10,000 ... ... ...
£30.00
20,000 ... ... ...
£36.00
30,000 ... ... ...
£42.00
40,000 ... ... ...
£48.00
50,000 ... ... ...
£54.00
60,000 ... ... ...
£60.00
70,000 ... ... ...
£66.00
80,000 ... ... ...
£72.00
90,000 ... ... ...
£78.00
100,000 ... ... ...
£84.00
every £50,000 or fraction thereof by which the value exceeds £100,000 a further fee of £18.00 i.e.
£
150,000 ... ... ...
£102.00
200,000 ... ... ...
£120.00
9. Where any grant is sought by personal application the total fee (inclusive of the Court fee chargeable) shall be double the amount chargeable under item 8 or item 10
10. For every doubled, cessate, unadministered or duplicate grant of representation ... ... ... ...
£6.00
The court fee card.
11. For every affidavit not filed at time of lodgement of full set of application papers for a grant ... ... ... ...
£2.00
The affidavit.
12. For lodging or re-entering any motion paper, whether
ex parte
or on notice
£2.00
The motion paper.
13. For every first copy of a Court order or side bar order... ... ... ...
£5.00
The copy order.
(This fee shall not be chargeable where the order is made in chambers pursuant to
section 36
of the
Succession Act, 1965
and the copy is bespoken by the intended grantee or his solicitor)
14. On lodgement of a corrective affidavit
The correct fee under item No. 8 less the amount of the fee previously charged
The copy affidavit.
15. For the entry of any caveat... ...
£3.00
The caveat.
16. For filing any warning, citation or subpoena or any appearance to any warning, citation or subpoena ... ... ...
£3.00
The original document (except citation where copy stamped).
17. For the subduction of any caveat
£2.00
The caveat book.
18. For the subduction of any application
£2.00
The notice of application.
19. For settling any advertisement in connection with a citation or otherwise
£3.00
The affidavit.
20. For every search made by an applicant for a will or any record of a grant or any other document filed in the Probate Office or in a District Probate Registry including the inspection of any original will or codicil or any record of a grant ... ... ...
£1.00
The search docket.
21. For every similar search made by an Officer of the Probate Office or of a District Probate Registry for which the officer is requested to search ... ... ...
£5.00
The search docket.
22. For all searches made on any one day by the representative of a newspaper or group of newspapers... ... ... ...
£2.00
The search docket.
(The representative must state on the search docket his name and that of the newspaper or group of newspapers which he represents).
23. For any official copy of any will, grant or other document (other than an Inland Revenue Affidavit) ... ... ...
£2.00
The copy.
24. For a certified copy of any will, grant or other doument (other than an Inland Revenue Affidavit) ... ... ... ...
£4.00
The copy.
25. For a sealed and certified copy will or grant ... ... ... ... ...
£5.00
The copy.
26. For a sealed and certified copy will and grant bespoken at the same time ... ...
£8.00
The copy grant.
27. For making an attested copy of an Inland Revenue Affidavit ... ... ...
£5.00
The copy.
SECOND SCHEDULE
Percentages Payable In The Office Of Wards Of Court
PART I
LUNACY PERCENTAGES.
28. On examination of a witness
(a) before an officer of the Court in his office (otherwise than for the purpose of any inquiry, taxation of costs or other proceeding before the officer)
— for each or part of an hour
£10.00
The order of appointment.
(b) by an officer away from his office
— for each day or part of a day
£35.00
The order of appointment.
(The reasonable expenses of the officer are also payable)
Searches and Inspections
29. On an application to inspect any document filed or deposited in the Central Office more than three years before such application, unless otherwise expressly provided for by this Order (not to be charged if a copy of the document is bespoken) ... ...
£3.50
The search document.
30. On a memorandum for the registration of—
(a) a decree of the District Court
£6.00
The memorandum.
(b) a judgment of the Circuit Court
£8.00
The memorandum.
(c) a judgment of the High Court
£10.00
The memorandum.
31. On a memorandum for the re-entry of a judgement, decree, order or rule pursuant to the Judgments (Ireland) Act, 1844
£3.50
The memorandum.
32. On a memorandum for the registration of a lis pendens pursuant to the said Act
£5.00
The memorandum.
33. On a memorandum for re-entry of a lis pendens pursuant to the said Act ... ...
£3.50
The memorandum.
34. On a requisition for liberty to search pursuant to the said Act
— for each person searched against (not to be charged if a requisition for an official search is lodged)
£3.50
The search docket.
35. On a memorandum for registration of the satisfaction or vacate of any judgment, bond or recognizance, decree, rule or order or for the re-docketing of any bonds or recognizances pursuant to the Land Transfer (Ireland) Act, 1848 ... ... ...
£3.50
The memorandum.
36. On a requisition for a search for judgments or revivals entered up before the 15th day of July, 1850, and for decrees, rules, orders or civil bill decrees for poor rates, made before the 15th day of July, 1850, and for lites pendentes registered against any person and for recognizances and bonds, judgments, statutes, inquisitions and acceptances of office registered or re-registered against the same person... ... ...
£10.00
The requisition.
37. On a requisition for a search for judgments, revivals, decrees, rules, orders, lites predentes and civil bill decrees for poor rates registered or re-registered against any person and for recognizances and bonds, judgments, statutes, inquisitions and acceptances of office registered or re-registered against the same person... ... ...
£20.00
The requisition.
38. On a requisition for a duplicate of a search pursuant to the Judgments Registry (Ireland) Act, 1871 ... ... ...
£7.00
The scheme.
39. On a memorandum of vacate of a lis pendens... ... ... ... ...
£7.00
The memorandum.
Bill of Sale
40. On filing a bill of sale ... ...
£7.00
The filed copy.
41. For a search in the bills of sale index (not to be charged if a copy of a bill of sale is bespoken)... ... ...
£3.50
The search docket.
42. For inspecting any bill of sale ... Bonds, etc.
£3.50
The search docket.
43. On filing any recognizance or bond in the Central Office and giving a certificate thereof ... ... ... ... ...
£7.00
The recognizance or bond.
Powers of Attorney
44. On depositing a power of attorney in the Central Office pursuant to the Conveyancing Act, 1881 ... ... ...
£7.00
The power of attorney.
45. For a search for a power of attorney so deposited, and for inspecting the same and the affidavit or other documents deposited therewith ... ... ... ...
£3.50
The search docket.
(not to be charged if a copy is bespoken)
Enrolment
46. On enrolling any deed or document
£17.00
The deed or document.
— for each 10 folios or part of 10 folios
Admiralty
47. On a certificate under Order 64, Rule 46, paragraph 9, of the Rules of the Superior Courts ... ... ... ... ...
£20.00
The certificate or court fee card.
48. On issuing any instrument under Order 64, Rule 56, of the Rules of the Superior Courts ... ... ... ... ...
£25.00
The instrument.
49. On appointing and swearing appraisers
£25.00
The certificate of appraisement.
50. On delivering up a ship or goods to a purchaser ... ... ... ...
£35.00
The order.
51. On the sale of a ship or goods
— for every £100 or fraction of £100 of the price ... ... ...
£10.00
The order.
52. For attending the discharge of a cargo or the removal of a ship or goods, per day
£35.00
The certificate of execution.
53. For retaining possession of a ship with or without cargo, or of a ship's cargo without a ship, per day... ... ... ...
£2.50
The instrument of release.
54. For executing a warrant or commission
£25.00
The warrant or commission.
55. For releasing a ship and cargo, or either of them ... ... ... ... ...
£15.00
The instrument of release.
(In addition to the above fees, the following fees also are payable
(a) the reasonable expenses per day of supplying a shipkeeper or shipkeepers where such is or are employed;
(b) the reasonable travelling and subsistence expenses of the officer for the time being exercising the functions formerly exercised by the Admiralty Marshal, if such officer is required, for the purpose of carrying out any of the above duties, to travel more than five miles from his office)
Bankruptcy
56. On every petition of bankruptcy
£40.00
The petition.
57. On every petition of arrangement
£40.00
The petition.
58. On every petition under Part VI of the
Bankruptcy Act, 1988
... ... ...
£40.00
The petition.
59. On every bankruptcy summons
£40.00
The summons.
60. On every bond, with or without sureties ... ... ... ... ...
£7.00
The bond.
61. On every subpoena or summons (other than a bankruptcy summons)
£7.00
The subpoena or summons.
62. On every affidavit ... ... ...
£7.00
The affidavit.
63. On filing a notice or a notice of intention to show cause ... ... ...
£10.00
The notice.
64. On filing a charge or discharge
£10.00
The charge or discharge.
65. For a search by any person other than the bankrupt, the arranging debtor, the Official Assignee or the trustee in the matter
£3.00
The search docket.
66. On commission to examine a witness
£7.00
The order.
67. On making a plain copy of any document or form (per page) ... ... ...
£0.50
The court fee card.
Petitions, Applications and Appeals under the Solicitors Acts, 1954 and 1960
68. On lodging a notice of motion of application or a notice of motion of appeal under the Solicitors Acts, 1954 and 1960 or on presenting a petition under Part III of Order 53 of the Rules of the Superior Courts
£50.00
The notice or petition.
PART IV
Fees payable in the Accountant's Office
Item
Fee
Document to be stamped
S.I. No. 341 of 1989.
SUPREME COURT AND HIGH COURT (FEES) ORDER, 1989.
I, RAY BURKE, Minister for Justice, in exercise of the powers conferred on me by
section 65
of the
Courts of Justice Act, 1936
(No. 48 of 1936), and with the consent of the Minister for Finance, hereby order as follows