Citation, commencement, extent and interpretation_I1

1.—(1) This Order may be cited as the Supreme Court Fees Order 2024 and comes into force on 1st April 2024.

(2) This Order extends to England and Wales, Scotland and Northern Ireland.

(3) Expressions used in this Order which are also used in the [^F1Supreme Court Rules 2024^F1] have the same meaning as in those Rules, unless specified otherwise.

Fees payable_I2

2.—(1) The fees set out in column (2) of the table in paragraph 2 of Schedule 1 are payable in the Supreme Court in respect of the items described in column (1) of that table, subject to paragraph (2).

(2) No fee is payable under this article in respect of criminal proceedings, other than the fee payable on submitting a claim for costs.

Fees payable: appeals commenced or claims submitted before 1st April 2024_I3

3.—(1) Where, before 1st April 2024, a party files—

(a)a notice of an intention to proceed with an appeal, or

(b)a notice of appeal,

but, on or after 1st April 2024, files a statement of relevant facts and issues and an appendix of essential documents in connection with that appeal, the party must pay the fee specified in paragraph (2) to the Supreme Court.

(2) For the purposes of paragraph (1), the fee is—

(a)£4,820, or

(b)£800 if the appeal relates to proceedings under the Scotland Act 1998(2), the Government of Wales Act 2006(3) or the Northern Ireland Act 1998(4).

(3) Where, before 1st April 2024, a party submits a claim for costs to the Supreme Court, but, on or after 1st April 2024, receives an order, or confirmation of certification by the Registrar, of the amount of assessed costs, the party must pay 2.5% of the sum allowed.

(4) No fee is payable under this article in respect of criminal proceedings.

Remissions, part remissions and refunds_I4

4. Schedule 2 applies for the purpose of ascertaining whether a party is entitled to a remission, part remission or a refund of a fee prescribed by this Order.

Revocations_I5

5. The instruments specified in column (1) of Schedule 3 are revoked to the extent specified in column (3) of that Schedule.

Article 2

SCHEDULE 1 Fees payable in the Supreme Court _I6,I7

1. In this Schedule, a “ reference ” means any reference under—

(a)[^F2 rule 44 of the Supreme Court Rules 2024^F2] in relation to the Supreme Court’s devolution jurisdiction(5); or

(b) section 6A or 6B of the European Union (Withdrawal) Act 2018(6) in relation to assimilated case law(7).

2. The table for the purposes of article 2(1) is as follows.

Article 4

SCHEDULE 2 Remissions, part remissions and refunds

Interpretation_I8

1.—(1) In this Schedule—

“ child ” means a person—

“ child support maintenance ” has the meaning given in section 3(6) of the Child Support Act 1991 ( 9 );

“ couple ” has the meaning given in section 3(5A) of the Tax Credits Act 2002 ( 10 );

“ disposable capital ” has the meaning given in paragraph 4;

“ excluded benefits ” means—

“ family help (higher) ” has the meaning given in regulation 15(3) of the Civil Legal Aid (Merits Criteria) Regulations 2013 ( 24 );

“ gross monthly income ” has the meaning given in paragraph 12;

“ Independent Living Funds ” means the funds listed at regulation 20(2)(b) of the Criminal Legal Aid (Financial Resources) Regulations 2013 ( 25 );

“ legal representation ” has the meaning given in regulation 18(2) of the Civil Legal Aid (Merits Criteria) Regulations 2013 ;

“ maintenance agreement ” has the meaning given in section 9(1) of the Child Support Act 1991 ;

“ 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 individual who would, but for this Schedule, be liable to pay a fee under this Order;

“ restraint order ” means—

“savings and investments” include, but are not limited to—

(2) References to remission of a fee are to be read as including references to a part remission of a fee as appropriate and remit and remitted are to be construed accordingly.

Fee remission if a party satisfies the disposable capital test_I9

2. If a party satisfies the disposable capital test, the amount of any fee remission is determined in accordance with the gross monthly income test set out in paragraph 10.

Disposable capital test_I10

3. A party satisfies the disposable capital test—

(a)if they or their partner are aged 66 or over and the party’s disposal capital is less than £16,000;

(b)in any other case, if the fee payable by the party is—

(i)£1,420 or less and the party’s disposable capital is less than £4,250;

(ii)more than £1,420, but less than or equal to £5,000 and the party’s disposable capital is less than three times the amount of the fee payable;

(iii)more than £5,000 and the party’s disposable capital is less than £16,000.

Disposable capital: general_I11

4. Disposable capital is the value of any savings and investments belonging to the party on the date on which the application for remission is made, unless any savings and investments are treated as income under this Schedule or are excluded disposable capital.

Disposable capital: non-monetary savings and investments_I12

5. The value of any savings and investments that do not consist of money is calculated as the amount which the savings and investments would realise if sold, less—

(a)10% of the sale value; and

(b)the amount of any borrowing secured against the savings and investments that would be repayable on sale.

Disposable capital: savings and investments held outside the United Kingdom_I13

6.—(1) Savings and investments in a country outside the United Kingdom count towards disposable capital.

(2) If there is no prohibition in that country against the transfer of savings and investments into the United Kingdom, the value of those savings and investments is the amount which they would realise if sold to a buyer in the United Kingdom.

(3) If there is a prohibition in that country against the transfer of savings and investments into the United Kingdom, the value of those savings and investments is to be calculated in accordance with paragraph 5 as if they were sold in that country.

Disposable capital: foreign currency_I14

7. Where disposable capital is held in currency other than sterling, the cost of any banking charge or commission that would be payable if that amount were converted into sterling is deducted from its value.

Disposable capital: jointly owned savings and investments_I15

8. Where any savings and investments are owned jointly or in common, there is a presumption that the savings and investments are owned in equal shares, unless evidence to the contrary is produced.

Excluded disposable capital_I16

9. The following are excluded disposable capital—

(a)a property which is the main or only dwelling occupied by the party;

(b)any vehicle, the sale of which would leave the party, or their partner, without motor transport;

(c)the capital value of the party’s or their partner’s business, where the party or their partner is self-employed;

(d)the capital value of any funds or other assets held in trust, where the party or their partner is a beneficiary without entitlement to advances of any trust capital;

(e)a jobseeker’s back to work bonus;

(f)a payment made as a result of a determination of unfair dismissal by a court or tribunal, or by way of settlement of a claim for unfair dismissal;

(g)any compensation paid as a result of a determination of medical negligence or in respect of any personal injury by a court, or by way of settlement of a claim for medical negligence or personal injury;

(h)the capital held in any personal or occupational pension scheme;

(i)any cash value payable on surrender of a contract of insurance;

(j)any capital payment made out of the Independent Living Funds;

(k)any bereavement support payment in respect of the rate set out in regulation 3(2) or (5) of the Bereavement Support Payment Regulations 2017(30);

(l)any capital insurance or endowment lump sum payments that have been paid as a result of illness, disability or death;

(m)any student loan or student grant;

(n)any compensation paid as a result of the Grenfell Tower fire;

(o)any payments from the London Emergencies Trust(31);

(p)any payments from the National Emergencies Trust(32);

(q)any payments in relation to internment, forced labour, injury or loss of a child during the Second World War;

(r)any compensation paid as a result of variant Creutzfeldt-Jakob Disease;

(s)any compensation paid under the Victims of Overseas Terrorism Compensation Scheme(33);

(t)any compensation paid under the Windrush Compensation Scheme (Expenditure) Act 2020(34);

(u)any compensation paid under—

(i)schemes established by the Criminal Injuries Compensation Act 1995(35) or the Criminal Injuries Compensation (Northern Ireland) Order 2002(36); or

(ii)criminal injuries compensation schemes in operation before the commencement of the schemes mentioned in sub-paragraph (i);

(v)any payments under—

(i)the Armed Forces and Reserved Forces Compensation Scheme(37);

(ii)the Lambeth Children’s Homes Redress Scheme(38);

(iii)the Medomsley Detention Centre Physical Abuse Settlement Scheme(39);

(iv)the Miscarriage of Justice Compensation Scheme(40);

(v)the Jesus Fellowship Redress Scheme(41);

(vi)the Vaccine Damage Payment Scheme(42);

(vii)the We Love Manchester Emergency Fund(43); and

(viii)the following Infected Blood Support Schemes—

(aa)the England Infected Blood Support Scheme(44);

(bb)the Infected Blood Payment Scheme for Northern Ireland(45);

(cc)the Scottish Infected Blood Support Scheme(46);

(dd)the Wales Infected Blood Support Scheme(47); and

(ee)the UK-wide Infected Blood Interim Compensation Payment Scheme(48).

Gross monthly income test

10.—(1) If a party satisfies the disposable capital test, no fee is payable under this Order if, at the time when the fee would otherwise be payable—

(a)the party’s gross monthly income does not exceed the applicable threshold specified in sub-paragraph (2); or

(b)the party is in receipt of any passporting benefits specified in sub-paragraph (7).

(2) The applicable threshold is—

(a)£1,420, for a party that is single and has no children;

(b)£2,130, for a party that is part of a couple and has no children; or

(c)as otherwise calculated in accordance with sub-paragraph (3).

(3) Where this sub-paragraph applies, the applicable threshold is calculated by taking the following steps—

• Step 1

  Identify the number of children aged 13 or below and multiply this number by £425.

• Step 2

  Identify the number of children aged 14 or over and multiply this number by £710.

• Step 3

  Add together the amounts calculated at Step 1 and Step 2.

• Step 4

  Add £1,420 to the amount calculated at Step 3.

  The result is the applicable threshold for a party that is single and has children.

• Step 5

  If a party is part of a couple, take this additional step.

  Add £710 to the amount calculated at Step 4.

  The result is the applicable threshold for a party that is part of a couple and has children.

(4) Subject to sub-paragraph (6), if a party’s gross monthly income exceeds the applicable threshold, that party must pay an amount towards the fee payable to which the application for remission relates, which is determined in accordance with sub-paragraph (5).

(5) Where this sub-paragraph applies, the amount payable is determined as follows—

• Step 1

  Deduct the applicable threshold from the party’s gross monthly income.

  The amount calculated is the “excess income”.

• Step 2

  Apply the rates specified in the second column of the Table to the parts of the party’s

  excess income specified in the corresponding row of the first column.

• Step 3

  Add together the amounts calculated at Step 2 (if there are two or more such amounts).

  Subject to sub-paragraph (6), the result is the amount payable.

  Table_I17

  Part of excess income	Rate
  Up to and including £1,000	50%
  £1,001 to £2,000	70%
  £2,001 to £3,000	90%

(6) No party is required to pay an amount that is more than the fee payable for which the application for remission has been made, if no remission had been granted.

(7) The passporting benefits referred to in sub-paragraph (1)(b) are—

(a)income-based Jobseeker’s Allowance;

(b)income-related Employment and Support Allowance;

(c)income support;

(d)pension credit (Guarantee Credit); and

(e)universal credit with additional gross annual earnings of less than £6,000.

Gross monthly income cap_I18

11. No remission is available if a party’s gross monthly income exceeds the applicable threshold determined in accordance with paragraph 10(2), plus the sum of £3,000.

Gross monthly income_I19

12. —(1) “ Gross monthly income ” means the total sum of—

(a)the lower of—

(i)the gross amount that has been earned by the party in the month immediately preceding that in which the application for remission is made; or

(ii)the average of the gross amount that has been earned by the party in the three months immediately preceding that in which the application for remission is made, and

(b)the gross amount received by the party from any other source in the month immediately preceding that in which the application for remission is made, other than receipt of any excluded benefits.

(2) For the purposes of sub-paragraph (1), earnings from a trade, business or gainful occupation other than an occupation at a wage or salary are calculated as the lower of—

(a)the party’s net profits for the month preceding that in which the application for remission is made; or

(b)the average of the party’s net profits for the three months preceding that in which the application for remission is made.

(3) In sub-paragraph (2), “ net profits ” means the profits which have accrued to the party less all sums necessarily expended to earn those profits.

Disposable capital and gross monthly income of a partner_I20

13.—(1) The disposable capital and gross monthly income of a partner of a party is to be treated as disposable capital and gross monthly income of the party, subject to sub-paragraph (2).

(2) Where the partner of a party has a contrary interest to the party in the matter to which the fee relates, the disposable capital and gross monthly income of that partner, if any, is not treated as the disposable capital and gross monthly income of the party.

Application for remission of a fee_I21

14.—(1) An application for remission of a fee must be made at the time when the fee would otherwise be payable.

(2) Where an application for remission of a fee is made, the party must—

(a)indicate the fee to which the application relates;

(b)declare the amount of their disposable capital; and

(c)provide documentary evidence of their gross monthly income and the number of children relevant for the purposes of paragraph 10.

(3) Where an application for remission of a fee is made on the date on which a fee is payable, the date for payment of the fee is disapplied.

(4) Where an application for remission is refused, or if part remission of a fee is granted, the amount of the fee which remains unremitted must be paid within the period notified in writing to the party.

(5) The Chief Executive of the Supreme Court may, by written notice, request such additional information or evidence as is required to assess the party’s entitlement to fee remission under this Order, and the period specified by such notice must not be less than 7 days, beginning with the day after the date on which the notice is sent.

(6) An application for remission of a fee may be treated as abandoned and no further action taken, if a party fails to provide the information requested under sub-paragraph (5) within the period specified by that notice, or such other extended period as may be agreed in writing at the Chief Executive of the Supreme Court’s discretion.

Remission in exceptional circumstances_I22

15. A fee specified in this Order may be remitted where the Chief Executive of the Supreme Court is satisfied that there are exceptional circumstances which justify doing so.

Remission for charitable or not-for-profit organisations_I23

16. 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 remit the fee in that case.

Refunds_I24

17.—(1) Where a party pays a fee at a time when that party would have been entitled to a remission if they had provided the documentary evidence required by paragraph 14, the fee, or the amount by which the fee would have been remitted as the case may be, must be refunded if documentary evidence relating to the time when the fee became payable is provided at a later date.

(2) Where a fee has been paid at a time when the Chief Executive of the Supreme Court, if all the circumstances had been known, would have remitted the fee under paragraph 15, the fee or the amount by which the fee would have been remitted, as the case may be, must be refunded to the party.

(3) No refund may be made under this paragraph unless the party who paid the fee applies within 3 months of the date on which the fee was paid.

(4) The Chief Executive of the Supreme Court may extend the period of 3 months mentioned in sub-paragraph (3) if the Chief Executive of the Supreme Court considers that there is a good reason for a refund being made after the end of the period of 3 months.

Legal aid_I25

18. A party is not entitled to a remission of a fee if, for the purpose of the proceedings to which the fee relates—

(a)they are in receipt of the following services under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012(49)—

(i)legal representation; or

(ii)family help (higher);

(b)they are in receipt of legal aid under Part 2 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981(50); or

(c)they are living in Scotland and are in receipt of legal aid.

Vexatious litigants_I26

19.—(1) This paragraph applies where—

(a)a restraint order is in force against a party; and

(b)that party makes an application for permission to—

(i)issue proceedings or take a step in proceedings as required by the restraint order;

(ii)apply for amendment or discharge of the restraint order; or

(iii)appeal the restraint order.

(2) The fee prescribed by this Order for the application is payable in full.

(3) If the party is granted permission, they are to be refunded the difference between—

(a)the fee paid; and

(b)the fee that would have been payable if this Schedule had been applied without reference to this paragraph.

Exceptions_I27

20. No remissions or refunds are available in respect of the fee payable for copy or duplicate documents.

Article 5

SCHEDULE 3 Revocations _I28