Statutory Instruments
Supreme Court Of The United Kingdom
Made
30th July 2009
Laid before Parliament
4th August 2009
Coming into force
1st October 2009
The Lord Chancellor, with the agreement of the Treasury, makes the following Order in exercise of the power conferred by section 52 of the Constitutional Reform Act 2005(1).
The Lord Chancellor has consulted in accordance with section 52(4) to (6) of that Act.
1.—(1) This Order may be cited as the Supreme Court Fees Order 2009 and comes into force on 1st October 2009.
(2) In this Order—
“the 2009 Rules” means the Supreme Court Rules 2009(2);
“devolution jurisdiction” means proceedings under the Scotland Act 1998(3), the Government of Wales Act 2006(4) or the Northern Ireland Act 1998(5).
(3) Subject to paragraph (2), expressions used in this Order which are also used in the 2009 Rules have the same meaning as in those Rules.
2.—(1) Subject to the following paragraphs, the fees set out in column (2) of the table in Schedule 1 are payable in the Supreme Court in respect of the items described in column (1) of that table.
(2) No fee in column (2) is payable in respect of criminal proceedings, other than the fee payable on submitting a claim for costs.
(3) In relation to its devolution jurisdiction the fees set out in column (3) of that table are payable in the Supreme Court in respect of the items described in column (1) of that table.
3. Schedule 2 applies for the purpose of ascertaining whether a party is entitled to a remission or part remission of a fee prescribed by this Order.
Jack Straw
Lord Chancellor
27th July 2009
We agree,
Alistair Darling
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
30th July 2009
Article 2
(1) Number and description of fee | (2) Amount of fee | (3) Amount of fee |
|---|---|---|
| 1 Application for permission to appeal | ||
| 1.1 On filing an application for permission to appeal. | £800 | £400 |
| 1.2 On filing notice of objection to an application for permission to appeal. | £160 | £160 |
| 2 Appeals etc | ||
| 2.1 On filing notice under rule 18(1)(c) of the 2009 Rules of an intention to proceed with an appeal. | £800 | £400 |
| 2.2 On filing a notice of appeal. | £1600 | £400 |
2.3 On filing a reference under the Supreme Court’s devolution jurisdiction. No fee is payable where the reference is made by a court. | n/a | £200 |
| 2.4 On filing notice under rule 21(1) of the 2009 Rules (acknowledgement by respondent). | £320 | £160 |
| 2.5 On filing a statement of relevant facts and issues and an appendix of essential documents. | £4820 | £800 |
| 3 Procedural applications | ||
| 3.1 On filing an application for a decision of the Registrar to be reviewed. | £1500 | £200 |
| 3.2 On filing an application for permission to intervene in an appeal. | £800 | £200 |
| 3.3 On filing any other procedural application. | £350 | £200 |
| 3.4 On filing notice of objection to a procedural application. | £150 | £150 |
| 4 Costs | ||
| 4.1 On submitting a claim for costs. | 2.5% of the sum claimed | 2.5% of the sum claimed |
| 4.2 On certification by the Registrar under rule 52 of the 2009 Rules of the amount of assessed costs, or on receipt of an order showing the amount. | 2.5% of the sum allowed | 2.5% of the sum allowed |
| 5 Copying | ||
| 5.1 On a request for a copy of a document (other than where fee 5.2 or 5.3 applies)— | ||
| (a) for ten pages or less; | £5 | £5 |
| (b) for each subsequent page. | 50p | 50p |
| 5.2 On a request for a copy of a document to be provided on a computer disk or in other electronic form, for each such copy. | £5 | £5 |
| 5.3 On a request for a certified copy of a document. | £20 | £20 |
Article 3
1.—(1) In this Schedule—
“couple” has the meaning given in section 3(5A) of the Tax Credits Act 2002(6);
“disposable monthly income” has the meaning given in paragraph 5;
“excluded benefits” means—
any of the following benefits payable under the Social Security Contributions and Benefits Act 1992(7) or the corresponding provisions of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(8)—
attendance allowance;
severe disablement allowance;
carer’s allowance;
disability living allowance;
constant attendance allowance paid under section 104 or paragraph 4 or 7(2) of Schedule 8 as an increase to a disablement pension;
council tax benefit;
any payment made out of the social fund;
housing benefit;
any direct payment made under the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2003(9), the Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2004(10), the Carers and Direct Payments Act (Northern Ireland) 2002(11), the Children (Northern Ireland) Order 1995(12), or the Social Work (Scotland) Act 1968(13);
a back to work bonus payable under section 26 of the Jobseekers Act 1995(14) or the corresponding provision of the Jobseekers (Northern Ireland) Order 1995(15);
any exceptionally severe disablement allowance paid under the Personal Injuries (Civilians) Scheme 1983(16);
any pension paid under the Naval, Military and Air Forces etc (Disablement and Death) Service Pension Order 2006(17);
any payment made from the Independent Living Fund, the Independent Living (Extension) Fund, the Independent Living (1993) Fund and the Independent Living Fund 2006; and
any financial support paid under an agreement for the care of a foster child;
“gross annual income” means total annual income, for the 12 months preceding the application for remission or part remission, from all sources other than receipt of any of the excluded benefits;
“gross monthly income” means total monthly income, for the month in which the application for remission or part remission is made, from all sources other than receipt of any of the excluded benefits;
“the Independent Living Fund” means the charitable trust established out of funds provided by the Secretary of State for the purpose of providing financial assistance to those persons incapacitated by or otherwise suffering from very severe disablement who are in need of such assistance to enable them to live independently;
“the Independent Living (Extension) Fund” means the Trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part;
“the Independent Living (1993) Fund” means the Trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part;
“the Independent Living Fund (2006)” means the Trust of that name established by a deed dated 10th April 2006 and made between the Secretary of State for Work and Pensions of the one part and Margaret Rosemary Cooper, Michael Beresford Boyall and Marie Theresa Martin of the other part;
“partner” means a person with whom the party lives as a couple and includes a person with whom the party is not currently living but from whom the party is not living separate and apart;
“party” means the person who would, but for this Schedule, be liable to pay the fee required under this Order;
“qualifying benefit” means—
income support under the Social Security Contributions and Benefits Act 1992 or the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
working tax credit, provided that no child tax credit is being paid to the party;
income-based jobseeker’s allowance under the Jobseekers Act 1995 or the Jobseekers (Northern Ireland) Order 1995;
(2) Paragraphs 2, 3 and 4 do not apply to a party—
(a)who is in receipt of funding provided by the Legal Services Commission established under section 1 of the Access to Justice Act 1999(22) for the purposes of the proceedings for which a certificate has been issued under the code approved under section 9 of that Act;
(b)who is in receipt of legal aid under Part 2 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981(23) for the purposes of the proceedings; or
(c)who, if they are is living in Scotland, is in receipt of legal aid.
2. No fee is payable under this Order if, at the time when a fee would otherwise be payable, the party is in receipt of a qualifying benefit.
3.—(1) No fee is payable under this Order if, at the time when the fee would otherwise be payable, the party has the number of children specified in column (1) of the following table and—
(a)if the party is single, the gross annual income of the party does not exceed the amount set out in the appropriate row of column (2); or
(b)if the party is one of a couple, the gross annual income of the couple does not exceed the amount set out in the appropriate row of column (3).
(1) Number of children of party paying fee | (2) Single | (3) Couple |
|---|---|---|
| no children | £13,000 | £18,000 |
| 1 child | £15,930 | £20,930 |
| 2 children | £18,860 | £23,860 |
| 3 children | £21,790 | £26,790 |
| 4 children | £24,720 | £29,720 |
(2) If the party paying the fee has more than 4 children then the relevant amount of gross annual income is the amount specified in the table for 4 children plus the sum of £2,930 for each additional child.
4.—(1) No fee is payable under this Order if, at the time when the fee would otherwise be payable, the disposable monthly income of the party is £50 or less.
(2) The maximum amount of fee payable is—
(a)if the disposable monthly income of the party is more than £50 but does not exceed £210, an amount equal to one-quarter of every £10 of the party’s disposable monthly income, up to a maximum of £50; and
(b)if the disposable monthly income is more than £210, an amount equal to £50 plus one-half of every £10 over £200 of the party’s disposable monthly income.
(3) Where the fee that would otherwise be payable under this Order is greater than the maximum fee which a party is required to pay as calculated in sub-paragraph (2), the fee will be remitted to the amount payable under that sub-paragraph.
5.—(1) A party’s disposable monthly income is the gross monthly income of the party for the month in which the fee becomes payable (“the period”) less the deductions referred to in sub-paragraphs (2) and (3).
(2) There are to be deducted from the gross monthly income—
(a)income tax paid or payable in respect of the period;
(b)any contributions estimated to have been paid under Part 1 of the Social Security Contributions and Benefits Act 1992, or the corresponding provisions of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, in respect of the period;
(c)either—
(i)monthly rent or monthly payment in respect of a mortgage debt or hereditable security, payable in respect of the only or main dwelling of the party, less any housing benefit paid under the Social Security Contributions and Benefits Act 1992 or the Social Security Contributions and Benefits (Northern Ireland) Act 1992; or
(ii)the monthly cost of the living accommodation of the party;
(d)any child care costs paid or payable in respect of the period;
(e)if the party is making bona fide payments for the maintenance of a child who is not a member of the household of the party, the amount of such payments paid or payable in respect of the period; and
(f)any amount paid or payable by the party, in respect of the period, in pursuance of a court order.
(3) There is to be deducted from the gross monthly income an amount representing the cost of living expenses in respect of the period being—
(a)£315; plus
(b)£244 for each child of the party; plus
(c)£159, if the party has a partner.
(4) In this paragraph—
“child” means a child or young person in respect of whom a party is entitled to receive child benefit in accordance with section 141, and regulations made under section 142, of the Social Security Contributions and Benefits Act 1992, or the corresponding provisions of, or corresponding regulations made under, the Social Security Contributions and Benefits (Northern Ireland) Act 1992, and references to “children” in this Schedule should be construed accordingly;
“child care costs” means the costs of care which is provided by one of more of the following care providers—
a school on school premises, out of school hours;
a local authority, out of school hours—
for children who are not disabled, in respect of the period beginning on their eighth birthday and ending on the day preceding the first Monday in September following their fifteenth birthday;
for children who are disabled, in respect of the period beginning on their eighth birthday and ending on the day preceding the first Monday in September following their sixteenth birthday;
a child care provider approved in accordance with the Tax Credit (New Category of Child Care Provider) Regulations 1999(24);
persons registered under Part XA of the Children Act 1989(25) or the corresponding provision of the Children (Northern Ireland) Order 1995;
persons in schools or establishments referred to in paragraph 1 or 2 of Schedule 9A to the Children Act 1989 or in the corresponding provision of the Children (Northern Ireland) Order 1995;
persons prescribed in regulations made pursuant to section 12(4) of the Tax Credits Act 2002.
6.—(1) For the purpose of determining whether a party is entitled to the remission or part remission of a fee in accordance with this Schedule, the income of a partner, if any, is to be included as income of the party.
(2) The receipt by a partner of a qualifying benefit does not entitle a party to remission of a fee.
7.—(1) An application for remission or part remission of a fee must be made to the court officer at the time when the fee would otherwise be payable.
(2) Where a claim for full remission of fees is made, the party must provide documentary evidence of, as the case may be—
(a)entitlement to a qualifying benefit; or
(b)gross annual income and, if applicable, the children included for the purposes of paragraph 3.
(3) Where a claim for full or part remission of fees under paragraph 4 is made, the party must provide documentary evidence of—
(a)such of the party’s gross monthly income as is derived from—
(i)employment;
(ii)rental or other income received from persons living with the party by reason of their residence in the party’s home;
(iii)a pension; or
(iv)a state benefit, not being an excluded benefit; and
(b)any expenditure being deducted from the gross monthly income in accordance with paragraph 5(2).
8. Where it appears to the Chief Executive of the Supreme Court that the payment of any fee prescribed by this Order would, owing to the exceptional circumstances of the particular case, involve undue financial hardship, the Chief Executive may reduce or remit the fee in that case.
9. Where an application for permission to intervene in an appeal is filed by a charitable or not-for-profit organisation which seeks to make submissions in the public interest, the Chief Executive of the Supreme Court may reduce or remit the fee in that case.
10.—(1) Subject to sub-paragraph (3), where a party has not provided the documentary evidence required by paragraph 7 and a fee has been paid at a time when, under paragraphs 2, 3 or 4, it was not payable, the fee will be refunded if documentary evidence relating to the time when the fee became payable is provided at a later date.
(2) Subject to sub-paragraph (3), where a fee has been paid at a time where the Chief Executive, if all the circumstances had been known, would have reduced or remitted the fee under paragraph 8 or 9, the fee or the amount by which the fee would have been reduced, as the case may be, will be refunded.
(3) No refund will be made under this paragraph unless the party who paid the fee applies within 6 months of paying the fee.
(4) The Chief Executive may extend the period of 6 months mentioned in sub-paragraph (3) if the Chief Executive considers that there is a good reason for an application being made after the end of the period of 6 months.
(This note is not part of the Order)
This Order specifies the fees payable in the Supreme Court. The fees in column (2) of the table in Schedule 1 are payable in relation to the items described in column (1). Where the appeal relates to criminal proceedings the only fee payable is the fee for submitting a claim for costs. Where the proceedings relate to the Supreme Court’s devolution jurisdiction the fees in column (3) of the table are payable rather than the fees in column (2).
Schedule 2 sets out when a party is entitled to remission or part remission of a fee.
2002 c.21. Section 3(5A) was inserted by paragraph 144 of Schedule 24 to the Civil Partnership Act 2004 (c.33).
S.I. 2004/1748, amended by S.I. 2006/2840; there are other amending instruments but none is relevant.