Statutory Instruments
2003 No. 646 (L. 13)
SUPREME COURT OF ENGLAND AND WALES
The Supreme Court Fees (Amendment) Order 2003
Made
7th March 2003
Laid before Parliament
11th March 2003
Coming into force
1st April 2003
The Lord Chancellor, in exercise of the powers conferred upon him by section 130 of the Supreme Court Act 1981( 1 ), section 414 and 415 of the Insolvency Act 1986( 2 ) and section 128 of the Finance Act 1990( 3 ), with the concurrence of the Lord Chief Justice, the Master of the Rolls, the President of the Family Division, the Vice-Chancellor and the Treasury under section 130(2) of the Supreme Court Act 1981, and with the sanction of the Treasury under section 414(1) and 415(1) of the Insolvency Act 1986, makes the following Order:
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.
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( 4 ).
Amendments to the Supreme Court Fees Order 1999
3. In column 2 of fee 1.1(a), for “£350”, substitute “£400”.
4. For columns 1 and 2 of fee 1.1(b), substitute—
| “ Column 1 | Column 2 |
|---|---|
| Number and description of fee | 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 ” |
5. In column 2 of fee 1.2, for “£120”, substitute “£180”.
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. ”
7. In column 2 of fee 1.6(b), for “£120”, substitute “£180”.
8. In column 2 of fee 2.1, for “£80”, substitute “£120”.
9. In fee 2.2—
(a) in column 1, for “7 days”, substitute “14 days”; and
(b) in column 2, for “£400”, substitute “£600”.
10. For columns 1 and 2 of fees 2.3(a) and (b) and the notes thereto, substitute—
| “ Column 1 | Column 2 |
|---|---|
| Number and description of fee | Amount of fee |
2.3. On filing—
| £100 ” |
11. In column 2 of fee 2.4, for “£50”, substitute “£60”.
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”.
13. In column 2 of fee 2.7, for “£25”, substitute “£30”.
14. In column 2 of fee 3.1, for “£20”, substitute “£30”.
15. In column 2 of fee 3.4, for “£80”, substitute “£90”.
16. In column 2 of fee 6.1(a), for “£120”, substitute “£140”.
17. In column 2 of fee 6.1(b), for “£150”, substitute “£180”.
18. In column 2 of fee 6.2, for “£100”, substitute “£130”.
19. In column 2 of fee 6.3, for “£150”, substitute “£180”.
20. In column 2 of fee 6.4(a), for “£50”, substitute “£60”.
21. After fee 6.4, insert—
| “ Column 1 | Column 2 |
|---|---|
| Number and description of fee | Amount of fee |
6.5. On an application under the Companies Act 1985 ( 5 ) or the Insolvency Act 1986 ( 6 ) other than one brought by petition and where no other fee is specified. Fee 6.5Fee 6.5 is not payable where the application is made in existing proceedings. | £130 |
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—
Fee 6.8Where 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. | £30 |
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 ” |
22. In column 2 of fee 10.2, for “£180”, substitute “£250”.
23. For columns 1 and 2 of fee 10.4, substitute—
| “ Column 1 | Column 2 |
|---|---|
| Number and descripton of fee | Amount of fee |
10.4. On an appeal against a decision made in detailed assessment proceedings | £100 ” |
24. In column 2 of fee 10.5, for “£20”, substitute “£30”.
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 ” |
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