The Supreme Court Fees Order 1999

Citation and commencement

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

Interpretation

2.  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(1); and

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

Fees to be taken

3.  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.

4.  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.

Exemptions, reductions and remissions

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 any qualifying benefit, and

(b) is not in receipt of representation under Part IV of the Legal Aid Act 1988(2) 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(3); and

(c) income-based jobseeker’s allowance under the Jobseekers Act 1995(4).

6.  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.

7.  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.

Revocations

8.  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.

Irvine of Lairg, C.

Dated 5th March 1999

We concur,

Bingham of Cornhill, C.J.,

Woolf, M.R.,

Stephen Brown, P.,

Richard Scott, V.-C.

Dated 2nd March 1999

We concur,

Clive J.C. Betts

Bob Ainsworth

Two of the Lords Commissioners of Her Majesty’s Treasury

Dated 8th March 1999