S.I. No. 341/1989 - Supreme Court and High Court (Fees) Order, 1989.


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:

1. This Order may be cited as the Supreme Court and High Court (Fees) Order, 1989.

2. This Order shall come into operation on the 1st day of January, 1990.

3. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

4. There shall be charged in the offices of the Supreme Court and the High Court and in the district probate registries to which the several Parts of the First Schedule to this Order relate, in respect of each item set out in the first column of that Schedule, the fee set out in the second column of that Schedule opposite the mention of the item in the said first column.

5. The payment of the fee chargeable in respect of an item mentioned in the first column of the First Schedule to this Order shall be recorded by means of a stamp impressed on the document, or court fee card as appropriate, mentioned in the third column of that Schedule opposite the mention of the item in the said first column.

6. (1) In every financial year there shall be payable, by way of court fees, the percentages provided for in the Second Schedule to this Order on the annual income arising in that year from the property of every person of unsound mind and every minor under the jurisdiction vested in the High Court by section 9 of the Courts (Supplemental Provisions) Act, 1961 (No. 39 of 1961).

(2) The percentages so prescribed are, in relation to persons of unsound mind, in substitution for those prescribed by section 109 of the Lunacy Regulation (Ireland) Act, 1871.

7. No fee shall be payable in the Central Office or in the Office of the Registrar of the Supreme Court on any application, order, judgment or report or on the filing of any notice of motion, affidavit or other document necessary in connection with habeas corpus proceedings, proceedings under the Extradition Acts, 1965 to 1987, bail proceedings or an application for an order of certiorari, mandamus, prohibition or quo warranto in respect of a criminal case.

8. No fee shall be payable in any proceedings brought under the Guardianship of Infants Act, 1964 (No. 7 of 1964), the Maintenance Orders Act, 1974 (No. 16 of 1974), the Family Law (Maintenance of Spouses and Children) Act, 1976 (No. 11 of 1976 ), the Family Home Protection Act, 1976 (No. 27 of 1976), the Family Law (Protection of Spouses and Children) Act, 1981 (No. 21 of 1981), the Status of Children Act, 1987 (No. 26 of 1987), the Adoption Acts, 1952 to 1988 or in proceedings brought by a Health Board under the Children Acts, 1908 to 1989.

9. No fee shall be payable by or in respect of any party represented in any civil proceedings by the Chief State Solicitor or a State solicitor acting in that capacity.

10. Fees payable in the Office of the Official Assignee in Bankruptcy shall be those chargeable on the date of the granting of the petition in arrangement matters or on the date of the adjudication in bankruptcy matters, as the case may be.

11. (1) In the case of the sale of property the subject of any mortgage, charge or lien:

( a ) the appropriate fee for Item 2 of Part VII of the First Schedule to this Order shall be the first charge on the proceeds of the sale;

( b ) the surplus (if any) remaining in the mortgage account after payment of the amount of the mortgage, charge or lien and after payment of the costs, fees and expenses shall be included in the assets for the purpose of calculating the appropriate fee for Item 1 of the said Part VII; and

( c ) the said appropriate fee for Item 1 of the said Part VII shall be the first charge on any amount realised or brought to credit.

(2) In a case mentioned or referred to at Item 1 of the said Part VII where in bankruptcy cases the net assets are under £100, the petitioning creditor shall lodge with the Official Assignee:

( a ) a sum sufficient, with the net amount realised, to make up £100, and

( b ) a sum sufficient to cover the expenses of the Official Assignee.

12. 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 Court and High Court (Fees) Order, 1986 ( S.I. No. 375 of 1986 ), are hereby revoked.

FIRST SCHEDULE.

Fees payable in the Offices attached to the Supreme Court and the High Court and in the District Probate Registries.

PART I

—Fees payable in all the Offices attached to the Supreme Court and the High Court for copies of documents.

PART II

—Fees payable in the Office of the Registrar of the Supreme Court.

PART III

—Fees payable in the Central Office and in the Examiner's Office.

PART IV

—Fees payable in the Accountant's Office.

PART V

—Fees payable in the Taxing Masters' Office.

PART VI

—Fees payable in the Office of Wards of Court.

PART VII

—Fees payable in the Office of the Official Assignee in Bankruptcy.

PART VIII

—Fees payable in the Probate Office and District Probate Registries.

PART I

Fees payable in all the Offices attached to the Supreme Court and the High Court and in the District Probate Registries for copies of documents.

Item

Fee

Document to be stamped

1. For making an attested copy of a document, other than a copy judgement, or first copy of an order, per page ... ...

£3.00

The attested copy or court fee card.

(except in a case of a criminal appeal transcript, where the fee shall be £0.50 per page).

2. For provision of a copy judgment

£7.00 plus an addition of £1.00 in respect of every 5 pages photocopied

The attested copy or court fee card.

3. For examining a copy of any document and marking it as an attested copy, per page

£3.00

The attested copy.

4. For a photographic copy of a plan, map, section, drawing, photograph or diagram

£3.00

The copy or court fee card.

5. For signing and certifying a document for proof pursuant to the Evidence Act, 1851, per page ... ... ... ...

£3.00

The document.

PART II

Fees payable in the Office of the Registrar of the Supreme Court

Item

Fee

Document to be stamped

1. On filing a notice of motion of appeal to the Supreme Court (other than an appeal under the Workmen's Compensation Acts)

£50.00

The notice.

2. On filing any notice of motion to the Supreme Court (other than a notice of motion of appeal) ... ... ...

£10.00

The notice.

3. On filing or lodging a case stated

£20.00

The case stated.

4. On filing an affidavit ... ... ...

£7.00

The affidavit.

5. On lodging a notice or other document for service ... ... ... ...

£3.00

The notice or other document.

and

in addition thereto, for each copy to be transmitted ... ... ... ...

£0.50

The copy.

(but not more, for any number of copies, than £60.00)

6. On a petition or on an application for appointment as Notary Public or Commissioner for Oaths ... ... ...

£40.00

The petition or application.

7. On a commission appointing a Notary Public or Commissioner for Oaths ...

£150.00

The commission.

PART III

Fees payable in the Central Office and in the Examiner's Office.

Item

Fee

Document to be stamped

Originating Summonses, etc.

1. On sealing a plenary summons, special summons or summary summons and filing a copy ... ... ... ... ...

£60.00

The filed copy.

2. On sealing a concurrent plenary summons, concurrent special summons, or concurrent summary summons ... ...

£15.00

The filed copy.

3. On filing a petition ... ... ...

£40.00

The original petition.

4. On any originating ex parte application (excepting habeas corpus), in addition to fee on filing affidavit

£20.00

The affidavit filed in support of the application.

5. On sealing any order under Rule 1 or Rule 18 of Order 84 of the Rules of the Superior Courts ... ... ... ...

£7.00

The original order.

6. On sealing a third party notice ...

£7.00

The filed copy.

Appearances

7. On entering an appearance ... ...

£7.00

The memorandum.

Affidavits, etc.

8. On filing an affidavit ... ... ...

£7.00

The affidavit.

9. On filing a script annexed to an affidavit of scripts ... ... ... ... ...

£7.00

The affidavit of scripts.

Notices of Motions, etc.

10. On filing a notice of motion ... ...

£10.00

The notice.

11. On filing a notice other than a notice to which Item Nos. 10, 12 and 13 relate.

£3.00

The notice.

12. On filing a notice of appeal from the Master ... ... ... ... ...

£10.00

The notice of appeal.

13. On lodging a notice of appeal from the Circuit Court to the High Court ... ...

£25.00

The notice.

Setting Down, etc.

14. On setting down an action for trial

£50.00

The setting down docket.

15. On filing or lodging a case stated

£30.00

The case stated.

Orders

16. On subpoena ad testificandum or duces tecum ... ... ... ... ...

£7.00

The order or court fee card.

17. Commission to examine witness or request in lieu of ... ... ... ...

£7.00

The order or court fee card

18. On entering judgement in the Central Office in default of appearance or of pleading ... ... ... ... ...

£7.00

The judgment.

Certificates, etc.

19. On a certificate of pleadings or proceedings ... ... ... ... ...

£3.50

The certificate or court fee card.

20. On a certificate under Order 36, Rule 39, of the Rules of the Superior Courts

£17.00

The certificate or court fee card.

21. On a sale under an order of the Court of ... ... ... ... ...

£2.50

The order or certificate.

(a) any lands or hereditaments,

or

(b) any business (including the goodwill thereof)

or

(c) any chattels,

confirmed or approved by order or certificate:

for every £100 of the price

If for any reason after payment of this fee the sale is not completed and the property is subsequently sold to another purchaser, credit is to be given for the fee already paid on the abortive sale against the fee payable on the completed sale; but

in no case is any of the fee paid on the abortive sale to be re-paid

22. On taking account of moneys received by a person liable to account for same — for every £100 of the amount received or in the case of a Company being wound up by the Court for every £100 of the moneys received by the Liquidator in realisation of the assets of the Company ... ... ... ...

£2.50

The certificate or court fee card.

23. On taking an account of moneys due to any person (other than moneys due to any person by a company or society being wound up by the Court) — for every £100 of the amount found ... ... ... ...

£2.50

The certificate or court fee card.

24. On an inquiry to ascertain the person or persons interested in any property or entitled thereto as next-of-kin or heir-at-law or otherwise

—for every £100 of the value of the property ... ... ... ...

£2.50

The certificate or court fee card.

(but on an enquiry to ascertain the next-of-kin or heir-at-law of any person,

where such person is an ancestor of such next-of-kin or heir-at-law, or where the common ancestor is a parent, not less than £12.50; where the common ancestor is a grandparent, not less than £22.50; and where the common ancestor is a great-grandparent or a more remote ancestor, not less than £40.00)

25. On ascertaining pursuant to an order—

(a) the outstanding estate of a deceased person, or

(b) any property subject to a trust, mortgage or charge, or

(c) any partnership assets

for every £100 of the amount of value thereof ... ... ... ...

£2.50

The certificate or court fee card.

The amount on which this fee is payable shall not include any outstanding debt believed to be bad or irrecoverable, but shall include all sums paid after the commencement of the proceedings to creditors or to persons beneficially interested.

Note: Only one fee shall be chargeable in respect of any particular property or moneys in respect of Item Nos. 22 to 25 inclusive

26. On settling

(a) a scheme for the management of a charity, or a scheme where the amount involved does not exceed £1,000... ... ... ..

£35.00

The scheme.

(b) any other scheme ... ...

£70.00

The scheme.

27. On signing, settling or approving

(a) any advertisement, or authority for a broadcast announcement, for any person entitled as next-of-kin, heir-at-law or otherwise to share in any property ... ... ...

— for the first advertisement or authority signed in respect of any person or persons

£35.00

The posting.

— for any subsequent advertisement or authority signed in respect of the person or persons

£20.00

The posting.

(b) any other advertisement ...

£20.00

The posting.

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

1. On a direction by the Court or the Accountant to pay or invest or place money on deposit or transfer stock or snares, where the amount or nominal value exceeds £200—

— for every £100 or part thereof in excess of the first £200... ...

£0.50

The direction.

(fee not to exceed £150 in any case)

2. On a certificate of the amount and description of funds to credit of any account in the books of the Accountant... ...

£3.00

The certificate or court fee card.

3. On a transcript of an account ...

£3.00

The transcript.

4. On a request for lodgment of funds in Court without an order

£3.00

The request.

5. On a request to the Accountant for payment of money out of Court without an Order... ... ... ... ...

£3.00

The request.

6. On lodging a power of attorney

£3.00

The power of attorney.

7. On a request for a certificate of the lodgment of any funds in Court... ...

£3.00

The request.

PART V

Fees payable in the Taxing Masters' Office.

Item

Fee

Document to be stamped

A Taxing Master may in any case require the bill of costs to be stamped before taxation with the amount of fees which would be payable if the bill were allowed by him at the full amount thereof, including, in cases under the Solicitors Act, 1849, the fee payable in respect of the cash account.

1. On a notice to tax, except on an ex parte taxation ... ... ... ... ...

£10.00

The notice.

2. On the taking of a cash account between the solicitor and his client on a taxation under the Solicitors Act, 1849, or otherwise—

— for every £100 or fraction of £100 of the amounts found to have been received and paid... ... ...

£0.50

The bill.

3. On the taxation of a bill of costs—

— for every full £100 in the amount allowed (including witnesses' expenses)... ... ... ...

£5.00

The bill.

4. On the issue of a certificate of taxation

£10.00

The certificate.

5. On carrying in objections to the allowance or disallowance of any item or items in a bill of costs ... ... ... ...

£7.00

The objections.

6. On a report of a Taxing Master as to the grounds of his decision to allow or disallow any item or items in a bill of costs ...

£15.00

The report.

7. On a report of a Taxing Master as to security for costs in a matrimonial case

£15.00

The report.

PART VI.

Fees payable in the Office of the Wards of Court.

Item

Fee

Document to be stamped

1. On every Declaration Order under section 68 or section 70 of the Lunacy Regulation (Ireland) Act, 1871 ... ...

£30.00

The order.

2. On every Declaration Order under section 12 or section 15 of the said Act ...

£50.00

The order.

3. On every order taking a person into Wardship as a Minor ... ... ...

£30.00

The order.

4. On measuring a bill of costs and certifying the amount thereof

£1.00

The bill of costs.

— for every £20 or part thereof allowed

5. For taking and certifying the result of an account

£1.00

The account.

— for each £200 found to have been received without deducting any payment (but not to exceed £30)

6. On exemplifying any copy of an order

£5.00

The copy.

7. For making an attested copy of a document (other than a first copy of an order), per page ... ... ... ... ...

£2.50

The attested copy.

PART VII.

Fees payable in the Office of the Official Assignee in Bankruptcy.

Item

Fee

Document to be stamped

1. On every realisation account of the Official Assignee in a bankruptcy matter, in a vesting arrangement or in proceedings under Part VI of the Bankruptcy Act, 1988 and on every certified statement of accounts by a trustee—

(a) for the first £2,000 of the gross amount of the assets realised or brought to credit or where such amount does not exceed £2,000

£500.00

(b) for every £100 or fraction of £100 by which the said amount exceeds £2,000... ... ... ...

£12.50

2. On the account of the Official Assignee, or of the trustee, for the proceeds of the sale by him of any property of a bankrupt or arranging debtor the subject of any mortgage, charge or lien—

(a) for the first £2,000 of the gross amount produced by such sale or where such amount does not exceed £2,000... ... ... ...

£500.00

The account.

(b) for every £100 or fraction of £100 by which the said amount exceeds £200 ... ... ... ...

£12.50

3. On the account of the Official Assignee in every arrangement (other than a vesting arrangement) or on the instrument containing the terms of a composition—

(a) for the first £2,000 of the gross amount of the composition or where such amount does not exceed £2,000... ... ... ...

£500.00

The account or instrument.

(b) for every £100 or fraction of £100 by which the said amount exceeds £2,000 but does not exceed £10,000

£12.50

(c) for every £100 or fraction of £100 by which the said amount exceeds £10,000 but does not exceed £50,000

£5.00

(d) for every £100 or fraction of £100 by which the said amount exceeds £50,000 ... ... ... ...

£2.50

4. On the account of the Official Assignee in every composition after bankruptcy—

(a) for the first £2,000 of the gross amount of the composition or where such amount does not exceed £2,000... ... ... ...

£500.00

The account.

(b) for every £100 or fraction of £100 by which the said amount exceeds £2,000 but does not exceed £10,000

£12.50

(c) for every £100 or fraction of £100 by which the said amount exceeds £10,000 but does not exceed £50,000

£5.00

(d) for every £100 or fraction of £100 by which the said amount exceeds £50,000 ... ... ... ...

£2.50

For the purpose of calculating fees Nos. 3 and 4, the gross amount means the amount to be provided under the terms of the composition for ordinary creditors.

These fees shall be paid by the person making the composition over and above the amount of the composition.

5. On the account of the Official Assignee in every allocation case—

— for the first £2,000 of the gross amount collected or where such amount does not exceed £2,000

£300.00

The account.

— for every £100 or fraction of £100 by which the said amount exceeds £2,000... ... ... ...

£5.00

This fee shall be the first charge on any amount collected.

6. On every account of the Official Assignee, other than a realisation account, a composition account or an account in an allocation case, whether or not funds are lodged with the Official Assignee—

(a) for the first £2,000 of the gross amount of the debt or where such amount does not exceed £2,000

£500.00

The account.

(b) for every £100 or fraction of £100 by which the said amount exceeds £2,000 but does not exceed £10,000

£12.50

(c) for every £100 or fraction of £100 by which the said amount exceeds £10,000 but does not exceed £50,000

£5.00

(d) for every £100 or fraction of £100 by which the said amount exceeds £50,000 ... ... ... ...

£2.50

For the purposes of calculating fees on the gross amount of the debts in the case of an application by a bankrupt to show cause on grounds other than of non-compliance with a requirement of section 11 (1) of the Bankruptcy Act, 1988 , the debt due to a creditor who waives his claim in the bankruptcy shall not be taken into account, provided always that fees of not less than £500 shall be charge able in such a case.

7. On the taking of an account by the Official Asignee, pursuant to an Order of the Court, of the amount due in respect of a mortgage debt

for every £100 of the amount due

£2.50

The certificate.

PART VIII.

Fees payable in the Probate Office and District Probate Registries.

Item

Fee

Document to be stamped

1. For every order of a Probate Officer, Assistant Probate Officer or District Probate Register ... ... ... ... ...

£3.00

The order, certificate or court fee card.

2. For every certificate signed by a Judge as to the authority of any person to act in a specified capacity or for any similar certificate ... ... ... ... ...

£3.00

The Certificate or court fee card.

3. For sealing any certificate ... ...

£1.00

Certificate or court fee card.

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.

1. In this Part "clear annual income" does not include the following payments;

( a ) unemployment assistance,

( b ) old age (non-contributory) pension,

( c ) widow's (non-contributory) pension,

( d ) deserted wife's allowance,

( e ) prisoner's wife's allowance,

( f ) social assistance allowance (unmarried woman),

( g ) single woman's allowance,

( h ) blind pension.

2. Subject to paragraph 3, a percentage on the clear annual income of each ward of court found to be of unsound mind and whose clear annual income is at least £600 shall be payable according to the following rates:

( a ) 2.5% of each annual income amounting to £600 but not amounting to £1,500;

( b ) 3% of each annual income amounting to £1,500 but not amounting to £3,000;

( c ) 4% of each annual income amounting to £3,000 or more, subject to a maximum payment in respect of any one year of £500.

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

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.