Increase in Court fees

nuac

I note that fees ( stamp duties ) payable on filing court documents in District, Circuit and High Court are being increased.

this is yet an extra cost which litigants will have to pay. Everyone is being asked to keep costs down, yet the State is increasing the expense of litigation.

Another stealth tax.

johnnyskeleton

nuac wrote: »

I note that fees ( stamp duties ) payable on filing court documents in District, Circuit and High Court are being increased.

this is yet an extra cost which litigants will have to pay. Everyone is being asked to keep costs down, yet the State is increasing the expense of litigation.

Another stealth tax.

Perhaps just another part of the move to get people away from the courts and into ADR.

angelfire9

johnnyskeleton wrote: »

Perhaps just another part of the move to get people away from the courts and into ADR.

There are certain situations where ADR is not appropriate or cannot complete the functions of the courts
For example in a divorce you may have mediated an agreement but it still has to go through the courts

Court cases are expensive and stressful enough without these extra "hidden" costs IMHO

445279.ie

But there's no fees for family law cases

Zambia

They dont appear to be hidden very well.

later12

i think the cost is going up by €3 for small claims and similar procedures, and given that one is probably only going to approach the courts services for serious matters, if €3 puts them off, then perhaps they should wonder about how serious their litigation is. It's not exactly a serious amount of money for a once-off fee.

nuac

Increases may not be dramatic but they are increases at a time when the Government is urging everyone else to reduce costs, be competitive etc.

Stat Instruments were made 3.8.11, coming into effect 22..8.11. Speedy and stealthy work.

No statement from Minister about any economies in Court servicee and Justice generally i.e

Computerising many of the antiquated procedures in their back offices

Cutting back on court holidays for Circuit HIgh and Supreme Court. 8 or nine weeks in AUg Sept, and a fortnight at Christmas. Easter and Whit.

later12

Yes I think that's a fair point, the holidays issue is a particularly perplexing one.

Delancey

The point has been made many times that despite falling prices for a range of goods and services the costs for anything with an input from the state keeps rising - Health and Education are 2 prime examples.
QUANGOES are serious offenders for this - the cost of certifying an x-ray machine has nearly trebled in the last 2 years thanks to the Radiological Protection Board , a cost increase ultimately borne by patients.
The private sector seems to be adjusting to the new realities - public sector cruises on as if nothing has happened.....

blueythebear

To be honest, I'm surprised that stamp duty hasn't been increased sooner. The rates were increased slightly about 2 years ago (I think) and that was done with very little fanfare also.

I wouldn't really see an issue with the increase if it's small although I would like to see it going to improving the efficiency of the Courts Service as a whiole.

Pat Mustard

All I could find was this Iris Oifigiuil. http://www.irisoifigiuil.ie/currentissues/Ir160811.pdf

Does anyone have a link to the relevant S.I.s online?

nuac

Mustard' the S Is may be on Bailli ir Courtr services.
If not your local Co Registrar may email them out to you.

Delancy - I agree with you the state are increasing many of their charges whille asking the rest of us toe "drive down costs"

blueythebear

blueythebear wrote: »

To be honest, I'm surprised that stamp duty hasn't been increased sooner. The rates were increased slightly about 2 years ago (I think) and that was done with very little fanfare also.

I wouldn't really see an issue with the increase if it's small although I would like to see it going to improving the efficiency of the Courts Service as a whiole.

I take it all back. I've seen some of the increases and they are in some instances, fairly significant (I think an increase of €20 on a High Court Motion) Also, they are apparently part of a series of increases. It might get to the point whereby even a lay litigant cannot afford to take a case due to the excessive court fees.

Wasn't part of the IMF deal intended to lower costs in the legal sector? This does the complete opposite.

Never mind the fact that we have heard nothing about improving the Courts Service. We've heard about a series of increases in fees but nothing about reforming the Courts Service which is grossly inefficient as it is.

Robbo

Supreme Court:
- Notice of Motion - increased from €40 to €62
- Attested copy of a document, other than a copy of a judgement or order - flat rate increase from €6 to €15

High Court:
- Notice of Motion - increased from €40 to €60
- Notice of Appeal from the Master - increased from €40 to €60
- Notice of Appeal for Circuit Court to High Court - increased from €55 to €68
- Setting down an action for trial - increased from €120 to €130
- On entering a judgement - increased from €30 to €60
- All memorandums - increased from €11 to €23
- Power of attorney search - increased from €6 to €23
- Certificate under Admiralty (Order 64 Rule 46(9)) - increased from €40 to €52
- Filing an intention to show cause re bankruptcy - increased from €40 to €52
- On lodging a Notice of Motion or Notice of Appeal under the Solicitors Acts - increased from €100 to €130
- On the issue of certification of taxation - increased from €55 to €68


Circuit Court:

- Copy of any document - flat rate increase from €5 to €15
- Ex parte applications, unless specifically provided for - increased from €60 to €68
- Summons to Tax - increased from €50 to €68
- Every Judgement by default entered - increased from €85 to €120


District Court:

- Copy of an information, order, signed entry or any other document - flat rate increase from €10 to €15
- Removal of Disqualification Order - increased from €20 to €52
- Application for Order under Section 10 of the Intoxicating Liquor Act 1962 - increased from €135 to €750
- Small claims application - increased from €15 to €18

Some right kicks in the stones there, trebling the price of getting copies of any document from the Circuit Court, removing a disqualification, licensing special events.

later12

Application for Order under Section 10 of the Intoxicating Liquor Act 1962 - increased from €135 to €750

That's an increase of 450% for small businesses who want to attract clients outside of the regular trading hours (which are already restrictive).

Is there any specific reason why this increase is so substantial?

€15 to get something photocopied is pretty ridiculous too, can only see how these would cause people to be reluctant to engage with the courts services.

Delancey

Such increases would not be possible in the Private Sector at this time , I suggest this is an abuse of a ' monopoly type ' position , the monies raised going towards the maintenance of institutional inefficiencies.

later12

The really pertinent question is why or whether greater relief for the exchequer was not introduced by reducing costs - for example labour costs.

Take one of the charges mentioned, the increase from €135 to €750 for a pub to apply to stay open beyond the normal trading hours. Think of how that could have a detrimental effect on a small pub business in the consumer economy, which may well find the new charge too substantial and not bother opening its doors for longer.

Yet how much is likely to be raised by this increase?

Could this amount not be met by simply firing some non productive civil servants in the courts services whose employment cannot be justified?

To save a nonproductive worker's employment of €50,000 p.a., that could be at the cost of just under 70 pubs which do not open their doors for special events.

Delancey

What is saddening about these increases is that it shows that we can expect Public Sector charges to keep rising and the cost of doing business in Ireland will keep getting less and less attractive.

The plethora of QUANGOES seem to be a law unto themselves....

As already mentioned , economists have warned over the last 2 years that the State is a major contributor to inflation.

nuac

I agree 100% with Delancy post.

Obviously August was picked to slip this increase in, leaving to solicitors to explain to their client that costs of doing business increased yet again.

I sugggest we should get onto the appropriate professional and trade organisations asap ( even tho it is August ) to publicly protest about these increases and the way they have been put through.

If the powers that be find these go thru with little criticism it will encourage them to increase many other items.

Our man in Havana

Are these copy documents certified by a stamp or such as real copies or are they merely photocopies with nothing else on them?

later12

I'm not sure, I don't think they would have a newly issued stamp on them unless specifically requested.

Either way I'm not sure the exertion of laying a stamp down on a photocopy warrants a charge of €15

nuac

as far as remember one just pays cash for a photocopy of a document. A fiver was steep, €15 is robbery.

we should protest against the imposition of these charges. Goes against the Government mantra to reduce costs and be competitive.

McCrack

In principal I'm not against these increases, but I think there should be a quid pro quo and that is an efficient Courts Service using IT and creating some kind of system that allows online stamping and filing. In reality most transactions involve issuing papers, motions and setting down. These fees are not excessive and consider that a single medical report will cost €300-400 alone buts it into perspective.

I mean has anybody ever tried to call the Central Office with an inquiry? Nobody answers the phone, ever. Its ridiculous.