The Civil Proceedings Fees (Amendment) Order 2014

JurisdictionUK Non-devolved
CitationSI 2014/874

2014No. 874 (L. 17)

SENIOR COURTS OF ENGLAND AND WALES

COUNTY COURT, ENGLAND AND WALES

The Civil Proceedings Fees (Amendment) Order 2014

27thMarch2014

1stApril2014

22ndApril2014

The Lord Chancellor, with the consent and sanction of the Treasury, makes the following Order in exercise of the powers conferred by section 92 of the Courts Act 2003( 1) and sections 414 and 415 of the Insolvency Act 1986( 2).

In accordance with section 92(5) and (6) of the Courts Act 2003 the Lord Chancellor has consulted the Lord Chief Justice, the Master of the Rolls, the President of the Queen's Bench Division, the President of the Family Division, the Chancellor of the High Court, the Head of Civil Justice, the Deputy Head of Civil Justice and the Civil Justice Council.

Citation and Commencement

1. This Order may be cited as the Civil Proceedings Fees (Amendment) Order 2014 and comes into force on 22nd April 2014.

Amendment of the Civil Proceedings Fees Order 2008

2. (1) The Civil Proceedings Fees Order 2008( 3) is amended as follows.

(2) In article 1(2)(a) in the definition of "CCBC" for "Bulk" substitute "Business".

(3) In article 2 (fees payable) for "county courts" substitute "the County Court".

(4) In article 3(e) for "a county court" substitute "the County Court".

(5) For Schedule 1 (fees to be taken), substitute the Schedule in the Schedule to this Order.

Signed by authority of the Lord Chancellor

Shailesh Vara

Parliamentary Under Secretary of State

Ministry of Justice

27th March 2014

We consent,

Sam Gyimah

Anne Milton

Two of the Lords Commissioners of Her Majesty's Treasury

27th March 2014

SCHEDULE

Article 2

"SCHEDULE 1

Fees to be taken

Column 1

Number and description of fee

Column 2

Amount of fee

1 Starting proceedings (High Court and County Court)

1.1 On starting proceedings (including proceedings issued after permission to issue is granted but excluding CCBC cases brought by Centre users or cases brought by Money Claim OnLine users) to recover a sum of money where the sum claimed:

(a) does not exceed £300;

£35

(b) exceeds £300 but does not exceed £500;

£50

(c) exceeds £500 but does not exceed £1,000;

£70

(d) exceeds £1,000 but does not exceed £1,500;

£80

(e) exceeds £1,500 but does not exceed £3,000;

£115

(f) exceeds £3,000 but does not exceed £5,000;

£205

(g) exceeds £5,000 but does not exceed £15,000;

£455

(h) exceeds £15,000 but does not exceed £50,000;

£610

(i) exceeds £50,000 but does not exceed £100,000;

£910

(j) exceeds £100,000 but does not exceed £150,000;

£1,115

(k) exceeds £150,000 but does not exceed £200,000;

£1,315

(l) exceeds £200,000 but does not exceed £250,000;

£1,515

(m) exceeds £250,000 but does not exceed £300,000;

£1,720

(n) exceeds £300,000 or is not limited.

£1,920

1.2 On starting proceedings to recover a sum of money in CCBC cases brought by Centre users, where the sum claimed:

(a) does not exceed £300;

£25

(b) exceeds £300 but does not exceed £500;

£35

(c) exceeds £500 but does not exceed £1,000;

£60

(d) exceeds £1,000 but does not exceed £1,500;

£70

(e) exceeds £1,500 but does not exceed £3,000;

£105

(f) exceeds £3,000 but does not exceed £5,000;

£185

(g) exceeds £5,000 but does not exceed £15,000;

£410

(h) exceeds £15,000 but does not exceed £50,000;

£550

(i) exceeds £50,000 but does not exceed £100,000.

£815

1.3 On starting proceedings to recover a sum of money brought by Money Claim OnLine users where the sum claimed:

(a) does not exceed £300;

£25

(b) exceeds £300 but does not exceed £500;

£35

(c) exceeds £500 but does not exceed £1,000;

£60

(d) exceeds £1,000 but does not exceed £1,500;

£70

(e) exceeds £1,500 but does not exceed £3,000;

£105

(f) exceeds £3,000 but does not exceed £5,000;

£185

(g) exceeds £5,000 but does not exceed £15,000;

£410

(h) exceeds £15,000 but does not exceed £50,000;

£550

(i) exceeds £50,000 but does not exceed £100,000.

£815

Fees 1.1, 1.2 and 1.3.

Where the claimant is making a claim for interest on a specified sum of money, the amount on which the fee is calculated is the total amount of the claim and the interest.

1.4 On starting proceedings for the recovery of land:

(a) in the High Court;

£480

(b) in the County Court, other than where fee 1.4(c) applies;

£280

(c) using the Possession Claims Online website.

£250

1.5 On starting proceedings for any other remedy (including proceedings issued after permission to issue is granted):

in the High Court;

£480

in the County Court.

£280

Fees 1.1, 1.4 and 1.5. Recovery of land or goods.

Where a claim for money is additional or alternative to a claim for recovery of land or goods, only fee 1.4 or 1.5 is payable.

Fees 1.1 and 1.5. Claims other than recovery of land or goods.

Where a claim for money is additional to a non money claim (other than a claim for recovery of land or goods), then fee 1.1 is payable in addition to fee 1.5.

Where a claim for money is alternative to a non money claim (other than a claim for recovery of land or goods), only fee 1.1 is payable in the High Court, and, in the County Court, whichever is greater of fee 1.1 or fee 1.5 is payable.

Fees 1.1 and 1.5.

Where more than one non money claim is made in the same proceedings, fee 1.5 is payable once only, in addition to any fee which may be payable under fee 1.1.

Fees 1.1 and 1.5 are not payable where fee 1.8(b), fee 1.9(a), fee 3 or fee 10.1 applies.

Fees 1.1 and 1.5. Amendment of claim or counterclaim.

Where the claim or counterclaim is amended, and the fee paid before amendment is less than that which would have been payable if the document, as amended, had been so drawn in the first instance, the party amending the document must pay the difference.

1.6 On the filing of proceedings against a party or parties not named in the proceedings.

£50

Fee 1.6 is payable by a defendant who adds or substitutes a party or parties to the proceedings or by a claimant who adds or substitutes a defendant or defendants.

1.7 On the filing of a counterclaim.

The same fee as if the remedy sought were the subject of separate proceedings

1000 (requirement to serve a counterclaim if a defendant makes a claim or seeks a remedy in relation to a grant of probate of a will, or letters of administration of an estate, of a deceased person).

1.8(a) On an application for permission to issue proceedings.

£50

1001 for the assessment of costs payable to a solicitor by a client or on starting costs-only proceedings.

£50

1.9(a) For permission to apply for judicial review.

£140

1.9(b) On request to reconsider at a hearing a decision on permission

£350

Where fee 1.9(b) has been paid and permission has been granted at a hearing, the amount payable under fee 1.9(c) is £350.

Where the court has made an order giving permission to proceed with a claim for judicial review, there is payable by the claimant within 7 days of service on the claimant of that order:

1.9(c) if the judicial review procedure has been started.

£700

1.9(d) if the claim for judicial review was started otherwise than by using the judicial review procedure.

£140

2 General Fees (High Court and County Court)

2.1 On the claimant filing a pre-trial check list (listing questionnaire); or where the court fixes the trial date or trial week without the need for a pre-trial check list; or where the claim is on the small claims track, within 14 days of the date of despatch of the notice (or the date when oral notice is given if no written notice is given) of the trial week or the trial date if no trial week is fixed a fee payable for the hearing of:

(a) a case on the multi-track;

£1,090

(b) a case on the fast track;

£545

(c) a case on the small claims track where the sum claimed:

(i) does not exceed £300;

£25

(ii) exceeds £300 but does not exceed £500;

£55

(iii) exceeds £500 but does not exceed £1,000;

£80

(iv) exceeds £1,000 but does not exceed £1,500;

£115

(v) exceeds £1,500 but does not exceed £3,000;

£170

(vi) exceeds £3,000.

£335

Fee 2.1 is payable by the claimant except where the action is proceeding on the counterclaim alone, when it is payable by the defendant: or

within 14 days of the date of despatch of the notice (or the date when oral notice is given if no written notice is given) of the trial week or the trial date if no trial week is fixed.

Where a case is on the multi-track or fast track and, after a hearing date has been fixed, the court receives notice in writing from the party who paid the hearing fee that the case has been settled or discontinued then the following percentages of the hearing fee will be refunded:

(i) 100% if the court is notified more than 28 days before the hearing;

(ii) 75% if the court is notified between 15 and 28 days before the hearing;

(iii) 50% if the court is notified between 7 and 14 days before the hearing.

Where a case is on the small claims track and, after a hearing date has been fixed, the court receives notice in writing from the party who paid the hearing fee, at least 7 days before the date set for the hearing, that the case has been settled or discontinued the hearing fee will be refunded in full.

Fee 2.1 is not payable in respect of a case where the court fixed the hearing date on the issue of the claim.

2.2 In the High Court on filing:

£240

an appellant's notice: or

a respondent's notice where the respondent is appealing or wishes to ask the appeal court to uphold the order of the lower court for reasons different from or additional to those given by the lower court.

2.3 In the County Court on filing:

an appellant's notice, or

a respondent's notice where the respondent is appealing or wishes to ask the appeal court to uphold the order of the lower court for reasons different from or additional to those given by the lower court:

(a) in a claim allocated to the small claims track;

£120

(b) in all other claims.

£140

Fees 2.2 and 2.3 do not apply on appeals against a decision made in detailed assessment proceedings.

2.4 On an...

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