Instructions and exemptions per S.I. No. 492 of 2014

Supreme Court, Court of Appeal and High Court Fees - schedules

"1. (1) This Order may be cited as the Supreme Court, Court of Appeal and High Court (Fees) Order 2014.

(2) This Order comes into operation on 30 October 2014.

2. In this Order, "Official Assignee" has the same meaning as in section 3 (as amended by section 27 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013) (No. 32 of 2013)) of the Bankruptcy Act 1988 (No. 27 of 1988).

3. There shall be charged in the offices attached to the Supreme Court, the Court of Appeal, the High Court and the President of the High Court and in district probate registries, in respect of each item set out in column (1) of each Part of Schedule 1, the fee set out in column (2) of the Part concerned opposite the mention of the item.

4. (1) In each financial year there shall be payable, by way of court fees, the percentages specified in Part 1 of Schedule 2 on the annual income arising in that year from the property of every person of unsound mind under the jurisdiction vested in the High Court by section 9 of the Courts (Supplemental Provisions) Act 1961 (No. 39 of 1961), and the provisions of the said Part 1 shall be in substitution for the provisions of section 109 of the Lunacy Regulation (Ireland) Act 1871.

(2) In each financial year there shall be payable, by way of court fees, the percentages specified in Part 2 of Schedule 2 on the annual income arising in that year from the property of every minor under the jurisdiction vested in the High Court by the said section 9.

5. No fee shall be payable under this Order in connection with—

  1. proceedings under Article 40.4 of the Constitution,
  2. proceedings under the Extradition Acts 1965 to 2012,
  3. proceedings under the European Arrest Warrant Acts 2003 and 2012,
  4. bail proceedings, or
  5. an application (in proceedings for a criminal offence) for judicial review under Order 84 Rule 18 (inserted by Rule 2 of the Rules of the Superior Courts (Judicial Review) 2011 (S.I. No 691 of 2011)) of the Rules of the Superior Courts (S.I. No. 15 of 1986).

6. (1) No fee shall be payable under this Order in connection with—

  1. family law proceedings,
  2. matrimonial causes or matters,
  3. proceedings under the Adoption Acts 2010 to 2013, or
  4. proceedings brought by the Health Service Executive under—
    1. the Children Acts 1908 to 1989,
    2. the Guardianship of Children Acts 1964 to 1997, or
    3. the Child Care Acts 1991 to 2013.

(2) No fee shall be payable under this Order in contravention of paragraph 3 of Article 5 of the Luxembourg Convention (within the meaning of the Child Abduction and Enforcement of Custody Orders Act 1991 (No. 6 of 1991)).

(3) No fee shall be payable under this Order in connection with proceedings to which section 5 (5) of the Immigration Act 1999 (No. 22 of 1999) applies.

7. (1) No fee shall be payable under this Order by, or on behalf of, the Insolvency Service of Ireland in connection with proceedings under the Personal Insolvency Act 2012 (No. 44 of 2012).

(2) No fee, other than in respect of the items at reference number 61, 62 or 63 of Part 4 of Schedule 1, shall be payable under this Order in connection with proceedings under the Bankruptcy Act 1988.

8. No fee shall be payable under this Order in connection with proceedings to which section 3 of the Environment (Miscellaneous Provisions) Act 2011 (No. 20 of 2011) applies.

9. No fee shall be payable under this Order by, or on behalf of, any person represented in any proceedings (whether civil or criminal) by—

  1. the Chief State Solicitor,
  2. the Chief Prosecution Solicitor, or
  3. a local State Solicitor acting in that capacity.

10. Where an application by a party to commercial proceedings to have those proceedings transferred to the commercial list of the High Court is refused, there shall be refunded to the applicant the fee paid, in connection with that application, in respect of the item at reference number 17(a) in column (1) of Part 4 of Schedule 1, less an amount equal to the fee specified in column (2) of Part 4 of Schedule 1 opposite reference number 12.

11. The Supreme Court and High Court (Fees) Order 2014 (S.I. No. 24 of 2014) is hereby revoked."