Schedules

1. (1) This Order may be cited as the Supreme Court and High Court (Fees) Order 2008.

(2) This Order comes into operation on 07 July, 2008.

2. There shall be charged in the offices attached to the Supreme Court, 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.

3. The payment of the fee chargeable in respect of an item mentioned in column (1) of each Part of Schedule 1 shall be recorded by means of a stamp impressed on the document or court fee card, as may be appropriate, mentioned in column (3) 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 the Central Office, the Office of the Registrar of the Supreme Court or the Office of the Accountant of the Courts of Justice on any application, order, judgment or report, or on the filing of any notice of motion, affidavit or other document required in connection with —

(a) proceedings under Article 40.4 of the Constitution,

(b) proceedings under the Extradition Acts 1965 to 2001,

(c) proceedings under the European Arrest Warrant Act 2003 (No. 45 of 2003),

(d) bail proceedings, or

(e) an application (in proceedings for a criminal offence) for judicial review under Order 84 rule 18 of the Rules of the Superior Courts (S.I. No. 15 of 1986).

(a) family law proceedings,

(b) matrimonial causes or matters, or

(c) proceedings brought by the Health Service Executive under—

(i) the Children Acts 1908 to 1989,

(ii) the Guardianship of Children Acts 1964 to 1997, or

(iii) the Child Care Acts 1991 to 2007.

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

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

(a) the Chief State Solicitor,

(b) the Chief Prosecution Solicitor, or

(c) a local State Solicitor acting in that capacity.

9. (1) In the case of the sale of property the subject of any mortgage, charge or lien, 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 gross amount of the assets realised or brought to credit for the purpose of calculating the appropriate fee for item 1 of Part 7 of Schedule 1 to this Order.

(2) Where, in proceedings in bankruptcy, the net assets of the bankrupt are less than €150, the petitioning creditor shall lodge with the Official Assignee in Bankruptcy—

(a) a sum which, when added to the net amount realised, will equal €150, and

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

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BRIAN LENIHAN.
Minister for Finance.

GIVEN under my Official Seal,
19 June 2008

DERMOT AHERN.
Minister for Justice, Equality and Law Reform.

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