The County Court Fees (Amendment No. 4) Order 2000

Statutory Instruments

2000 No. 2310 (L. 20)

COUNTY COURTS, ENGLAND AND WALES

The County Court Fees (Amendment No. 4) Order 2000

Made

24th August 2000

Laid before Parliament

29th August 2000

Coming into force

2nd October 2000

The Lord Chancellor, in exercise of the powers conferred on him by section 128 of the County Courts Act 1984(1) and section 128 of the Finance Act 1990(2), with the concurrence of the Treasury under section 128(1) of the County Courts Act 1984, makes the following Order:

Citation and commencement

1.  This Order may be cited as the County Court Fees (Amendment No. 4) Order 2000 and shall come into force on 2nd October 2000.

Interpretation

2.  In this Order—

(a) “the 1999 Fees Order” means the County Court Fees Order 1999(3);

(b) a fee or column referred to by number means the fee or column so numbered in Schedule 1 to the 1999 Fees Order.

Amendments to the 1999 Fees Order

3.  For columns 1 and 2 in fees 2.3(a) and 2.3(b) there shall be substituted—

Column 1	Column 2
Number and description of fee	Amount of fee
2.3  Where permission to appeal is not required or has been granted by the lower court— on filing an appellant’s notice, or; on filing 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 relation to claims allocated to the small claims track	£50
(b) in relation to other claims	£100
Where in an appeal notice permission to appeal or an extension of time for appealing is applied for (or both are applied for)— on filing an appellant’s notice, or, where the respondent is appealing, on filing a r-espondent’s notice: (c) in relation to claims allocated to the small claims track	£100
(d) in relation to other claims	£150
Where the fee 2.3(c) has been paid and permission to appeal (or extension of time) is not granted, £50 shall be refunded to the party who paid fee 2.3(c).
Where fee 2.3(d) has been paid and permission to appeal (or extension of time) is not granted, £100 shall be refunded to the party who paid fee 2.3(d).
Fees 2.3(a), (b), (c) and (d) do not apply on appeals against a decision made in detailed assessment proceedings.

Irvine of Lairg, C.

We concur,

Jim Dowd

Greg Pope

Two of the Lords Commissioners of Her Majesty’s Treasury

Dated 24th August 2000

Explanatory Note

(This note is not part of the Order)

This Order amends the County Court Fees Order 1999 by restructuring the fees payable in small claims appeals to take account of changes to the procedure for small claims appeals made by the Civil Procedure (Amendment No. 4) Rules 2000.

(1)

1984 c. 28.

(2)

1990 c. 29.

(3)

S.I. 1999/689; amended by S.I. 1999/2548; S.I. 2000/639; 939 and 1546.