S.I. No. 530/2019 - Supreme Court, Court of Appeal and High Court (Fees) (Amendment) Order 2019


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 1st November, 2019.

I, CHARLES FLANAGAN, Minister for Justice and Equality, in exercise of the powers conferred on me by section 65 (as amended by section 66 of the Civil Law (Miscellaneous Provisions) Act 2011 (No. 23 of 2011)) of the Courts of Justice Act 1936 (No. 48 of 1936) (as adapted by the Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 138 of 2011 )), with the consent of the Minister for Public Expenditure and Reform, hereby order as follows:

1. (1) This Order may be cited as the Supreme Court, Court of Appeal and High Court (Fees) (Amendment) Order 2019.

(2) This Order comes into operation on 25 October 2019.

2. The Supreme Court, Court of Appeal and High Court (Fees) Order 2014 ( S.I. No. 492 of 2014 ) is amended in Schedule 1 -

(a) by the insertion in the Arrangement of Parts after “Part 6 - Fees payable in the Taxing-Masters’ Office” of “Part 6A - Fees payable in the Office of the Legal Costs Adjudicators”,

(b) by the substitution of the following for Part 6:

“Part 6

Fees payable in the Taxing-Masters’ Office

Item

(1)

Fee

(2)

1

On the taxation of a bill of costs - for every full €100.00 in the amount allowed (including witnesses’ expenses)

€8.00 (Credit is to be given for the fee paid in respect of the notice to tax concerned)

2

On the issue of a certificate of taxation

€68.00

3

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

€68.00

4

On a report of a taxing master as to the grounds of his or her decision to allow or disallow any item or items in a bill of costs

€24.00

5

On a report of a taxing master as to security for costs in a matrimonial case

€24.00

”,

and

(c) by the insertion of the following after Part 6:

“Part 6A

Fees payable in the Office of the Legal Costs Adjudicators

Item

(1)

Fee

(2)

1

On a notice of application for adjudication of costs

€275.00

2

On the adjudication of a bill of costs - for every full €100.00 in the total amount confirmed by the Legal Costs Adjudicator (including witnesses’ expenses)

€8.00 (Credit is to be given for the fee paid in respect of -

(a) the item at reference number 1 above, or

(b) in a matter to which section 165(3) of the Legal Services Regulation Act 2015 (No. 65 of 2015) applies, the notice to tax concerned.)

3

On the issue of a certificate of determination

€68.00

4

On a notice of application for consideration of a decision and the making of a determination under section 160 of the Legal Services Regulation Act 2015 .

€68.00

”.

The Minister for Public Expenditure and Reform consents to the making of the foregoing Order.

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GIVEN under the Official Seal of the Minister for Public Expenditure and Reform,

23 October, 2019.

PASCHAL DONOHOE,

Minister for Public Expenditure and Reform.

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GIVEN under my Official Seal,

23 October, 2019.

CHARLES FLANAGAN,

Minister for Justice and Equality.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order amends the Supreme Court, Court of Appeal and High Court (Fees) Order 2014 ( S.I. No. 492 of 2014 ) in order to provide for fees payable in the Office of the Legal Costs Adjudicators which was formerly known as the Taxing-Masters’ Office.