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The Civil Proceedings Fees (Amendment) Order 2014

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Statutory Instruments

2014 No. 874 (L. 17)

Senior Courts Of England And Wales

County Court, England And Wales

The Civil Proceedings Fees (Amendment) Order 2014

Made

27th March 2014

Laid before Parliament

1st April 2014

Coming into force

22nd April 2014

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

Article 2

SCHEDULE

SCHEDULE 1Fees to be taken

Column 1

Number and description of fee

Column 2

Amount of fee

(a)

The CPR is defined in the Civil Proceedings Fees Order 2008 S.I. 2008/1053 as meaning the Civil Procedure Rules 1998.

(b)

1974 c.47 as amended by section 177 and Part 1 of Schedule 16 of the Legal Services Act 2007 (c. 29).

(f)

Schedule B1 to the Insolvency Act 1986 was inserted by the Enterprise Act 2002 (c.40) section 248(2) and Schedule 12.

(g)

Schedule A1 to the Insolvency Act 1986 was inserted by the Insolvency Act 2000 (c.39) section 1, Schedule 1, paragraphs 1 and 4.

(i)

S.I .1993/2073 as amended by S.I 2001/1386.

(l)

1996. c.23.

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
No fee is payable on a counterclaim which a defendant is required to make under rule 57.8 of the CPR(a) (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
(b) On an application for an order under Part 3 of the Solicitors Act 1974(b) 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 application on notice where no other fee is specified.£155
2.5 On an application by consent or without notice where no other fee is specified.£50
For the purpose of fee 2.5 a request for a judgment or order on admission or in default does not constitute an application and no fee is payable.
Fee 2.5 is not payable in relation to an application by consent for an adjournment of a hearing where the application is received by the court at least 14 days before the date set for that hearing.
Fees 2.4 and 2.5 are not payable when an application is made in an appeal notice or is filed at the same time as an appeal notice.
2.6 On an application for a summons or order for a witness to attend court to be examined on oath or an order for evidence to be taken by deposition, other than an application for which fee 7.2 or 8.3 is payable.£50
2.7 On an application to vary a judgment or suspend enforcement, including an application to suspend a warrant of possession.£50
Where more than one remedy is sought in the same application only one fee is payable.
2.8 Register of judgments, orders and fines kept under section 98 of the Courts Act 2003:
On a request for the issue of a certificate of satisfaction.£15
3 Companies Act 1985, Companies Act 2006 and Insolvency Act 1986 (High Court and County Court)
3.1 On entering a bankruptcy petition:
(a) if presented by a debtor or the personal representative of a deceased debtor;£180
(b) if presented by a creditor or other person.£280
3.2 On entering a petition for an administration order.£280
3.3 On entering any other petition.£280
One fee only is payable where more than one petition is presented in relation to a partnership.
3.4(a) On a request for a certificate of discharge from bankruptcy;£70
(b) after the first certificate, for each copy.£10
3.5 On an application under the Companies Act 1985(c), the Companies Act 2006(d) or the Insolvency Act 1986(e) other than one brought by petition and where no other fee is specified.£160
Fee 3.5 is not payable where the application is made in existing proceedings.
3.6 On an application for the conversion of a voluntary arrangement into a winding up or bankruptcy under Article 37 of Council Regulation (EC) No 1346/2000.£160
3.7 On an application, for the purposes of Council Regulation (EC) No 1346/2000, for an order confirming creditors’ voluntary winding up (where the company has passed a resolution for voluntary winding up, and no declaration under section 89 of the Insolvency Act 1986 has been made).£50
3.8 On filing:£50
a notice of intention to appoint an administrator under paragraph 14 of Schedule B1 to the Insolvency Act 1986(f) or in accordance with paragraph 27 of that Schedule; or
a notice of appointment of an administrator in accordance with paragraphs 18 or 29 of that Schedule.
Where a person pays fee 3.8 on filing a notice of intention to appoint an administrator, no fee is payable on that same person filing a notice of appointment of that administrator.
3.9 On submitting a nominee’s report under section 2(2) of the Insolvency Act 1986.£50
3.10 On filing documents in accordance with paragraph 7(1) of Schedule A1(g) to the Insolvency Act 1986.£50
3.11 On an application by consent or without notice within existing proceedings where no other fee is specified.£50
3.12 On an application with notice within existing proceedings where no other fee is specified.£155
3.13 On a search in person of the bankruptcy and companies records, in the County Court.£45
Requests and applications with no fee:
No fee is payable on a request or on an application to the Court by the Official Receiver when applying only in the capacity of Official Receiver to the case (and not as trustee or liquidator), or on an application to set aside a statutory demand.
4 Copy Documents (Court of Appeal, High Court and County Court)
4.1 On a request for a copy of a document (other than where fee 4.2 applies):
(a) for ten pages or less;£10
(b) for each subsequent page.50p
Note: The fee payable under fee 4.1 includes:
where the court allows a party to fax to the court for the use of that party a document that has not been requested by the court and is not intended to be placed on the court file;
where a party requests that the court fax a copy of a document from the court file; and
where the court provides a subsequent copy of a document which it has previously provided.
4.2 On a request for a copy of a document on a computer disk or in other electronic form, for each such copy.£10
5 Determination of costs (Senior Court and County Court)
Fee 5 does not apply to the determination in the Senior Courts of costs incurred in the Court of Protection.
5.1 On the filing of a request for detailed assessment where the party filing the request is legally aided, is funded by the Legal Aid Agency or is a person for whom civil legal services have been made available under arrangements made by the Lord Chancellor under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012(h) and no other party is ordered to pay the costs of the proceedings.£200
5.2 On the filing of a request for detailed assessment in any case where fee 5.1 does not apply; or on the filing of a request for a hearing date for the assessment of costs payable to a solicitor by a client pursuant to an order under Part 3 of the Solicitors Act 1974 where the amount of the costs claimed:
(a) does not exceed £15,000;£335
(b) exceeds £15,000 but does not exceed £50,000;£675
(c) exceeds £50,000 but does not exceed £100,000;£1,005
(d) exceeds £100,000 but does not exceed £150,000;£1,345
(e) exceeds £150,000 but does not exceed £200,000;£1,680
(f) exceeds £200,000 but does not exceed £300,000;£2,520
(g) exceeds £300,000 but does not exceed £500,000;£4,200
(h) exceeds £500,000.£5,600
Where there is a combined party and party and legal aid, or a combined party and party and Legal Aid Agency, or a combined party and party and Lord Chancellor, or a combined party and party and one or more of legal aid, Legal Aid Agency or Lord Chancellor determination of costs, fee 5.2 will be attributed proportionately to the party and party, legal aid, Legal Aid Agency or Lord Chancellor (as the case may be) portions of the bill on the basis of the amount allowed.
5.3 On a request for the issue of a default costs certificate.£60
5.4 On commencing an appeal against a decision made in detailed assessment proceedings.£210
5.5 On a request or application to set aside a default costs certificate.£110
6 Determination in the Senior Courts of costs incurred in the Court of Protection
6.1 On the filing of a request for detailed assessment:
(a) where the amount of the costs to be assessed (excluding VAT and disbursements) does not exceed £3,000;£115
(b) in all other cases.£225
6.2 On an appeal against a decision made in detailed assessment proceedings.£65
6.3 On a request or application to set aside a default costs certificate.£65
7 Enforcement in the High Court
7.1 On sealing a writ of control/possession/delivery.£60
Where the recovery of a sum of money is sought in addition to a writ of possession and delivery, no further fee is payable.
7.2 On an application for an order requiring a judgment debtor or other person to attend court to provide information in connection with enforcement of a judgment or order.£50
7.3(a) On an application for a third party debt order or the appointment of a receiver by way of equitable execution.£100
(b) On an application for a charging order.£100
Fee 7.3(a) is payable in respect of each third party against whom the order is sought.
Fee 7.3(b) is payable in respect of each charging order applied for.
7.4 On an application for a judgment summons.£100
7.5 On a request or application to register a judgment or order, or for permission to enforce an arbitration award, or for a certificate or a certified copy of a judgment or order for use abroad.£60
8 Enforcement in the County Court
8.1 On an application for or in relation to enforcement of a judgment or order of the County Court or through the County Court, by the issue of a warrant of control against goods except a warrant to enforce payment of a fine:
(a) in cases other than CCBC cases;£100
(b) in CCBC cases.£70
8.2 On a request for a further attempt at execution of a warrant at a new address following a notice of the reason for non-execution (except a further attempt following suspension and CCBC cases brought by Centre users).£30
8.3 On an application for an order requiring a judgment debtor or other person to attend court to provide information in connection with enforcement of a judgment or order.£50
8.4(a) On an application for a third party debt order or the appointment of a receiver by way of equitable execution.£100
(b) On an application for a charging order.£100
Fee 8.4(a) is payable in respect of each third party against whom the order is sought.
Fee 8.4(b) is payable in respect of each charging order applied for.
8.5 On an application for a judgment summons.£100
8.6 On the issue of a warrant of possession or a warrant of delivery.£110
Where the recovery of a sum of money is sought in addition, no further fee is payable.
8.7 On an application for an attachment of earnings order (other than a consolidated attachment of earnings order) to secure payment of a judgment debt.£100
Fee 8.7 is payable for each defendant against whom an order is sought.
Fee 8.7 is not payable where the attachment of earnings order is made on the hearing of a judgment summons.
8.8 On a consolidated attachment of earnings order or on an administration order.For every £1 or part of a £1 of the money paid into court in respect of debts due to creditors - 10p
Fee 8.8 is calculated on any money paid into court under any order at the rate in force at the time when the order was made (or, where the order has been amended, at the time of the last amendment before the date of payment).
8.9 On an application for the enforcement of an award for a sum of money or other decision made by any court, tribunal, body or person other than the High Court or the County Court.£40
8.10 On a request for an order to recover a sum that is:
a specified debt within the meaning of the Enforcement of Road Traffic Debts Order 1993(i); or£7
pursuant to an enactment, treated as a specified debt for the purposes of that Order.
No fee is payable on:
an application for an extension of time to serve a statutory declaration or a witness statement in connection with any such order; or
a request to issue a warrant of control to enforce any such order.
8A Service in the County Court
8A.1 On a request for service by a bailiff of an order to attend court for questioning.£100
9 Sale (County Court only)
9.1 For removing or taking steps to remove goods to a place of deposit.The reasonable expenses incurred
Fee 9.1 is to include the reasonable expenses of feeding and caring for any animals.
9.2 For the appraisement of goods.5p in the £1 or part of a £1 of the appraised value
9.3 For the sale of goods (including advertisements, catalogues, sale and commission and delivery of goods).15p in the £1 or part of a £1 on the amount realised by the sale or such other sum as the district judge may consider to be justified in the circumstances
9.4 Where no sale takes place by reason of an execution being withdrawn, satisfied or stopped.(a) 10p in the £1 or part of a £1 on the value of the goods seized, the value to be the appraised value where the goods have been appraised or such other sum as the district judge may consider to be justified in the circumstances; and in addition (b) any sum payable under fee 9.1 and 9.2.
FEES PAYABLE IN HIGH COURT ONLY
10 Miscellaneous proceedings or matters
Bills of Sale
10.1 On filing any document under the Bills of Sale Act 1878(j) and the Bills of Sale Act (1878) Amendment Act 1882(k) or on an application under section 15 of the Bills of Sale Act 1878 for an order that a memorandum of satisfaction be written on a registered copy of the bill.£25
Searches
10.2 For an official certificate of the result of a search for each name, in any register or index held by the court; or in the Court Funds Office, for an official certificate of the result of a search of unclaimed balances for a specified period of up to 50 years.£45
10.3 On a search in person of the court’s records, including inspection, for each 15 minutes or part of 15 minutes.£10
Judge sitting as arbitrator
10.4 On the appointment of:
(a) a judge of the Commercial Court as an arbitrator or umpire under section 93 of the Arbitration Act 1996(l); or£2,455
(b) a judge of the Technology and Construction Court as an arbitrator or umpire under section 93 of the Arbitration Act 1996.£2,455
10.5 For every day or part of a day (after the first day) of the hearing before:
(a) a judge of the Commercial Court; or£2,455
(b) a judge of the Technology and Construction Court, so appointed as arbitrator or umpire.£2,455
Where fee 10.4 has been paid on the appointment of a judge of the Commercial Court or a judge of the Technology and Construction Court as an arbitrator or umpire but the arbitration does not proceed to a hearing or an award, the fee will be refunded.
11 Fees payable in Admiralty matters
In the Admiralty Registrar and Marshal’s Office:
11.1 On the issue of a warrant for the arrest of a ship or goods.£225
11.2 On the sale of a ship or goods
Subject to a minimum fee of £205:
(a) for every £100 or fraction of £100 of the price up to £100,000;£1
(b) for every £100 or fraction of £100 of the price exceeding £100,000.50p
Where there is sufficient proceeds of sale in court, fee 11.2 will be payable by transfer from the proceeds of sale in court.
11.3 On entering a reference for hearing by the Registrar.£70
FEES PAYABLE IN HIGH COURT AND COURT OF APPEAL ONLY
12 Affidavits
12.1 On taking an affidavit or an affirmation or attestation upon honour in lieu of an affidavit or a declaration except for the purpose of receipt of dividends from the Accountant General and for a declaration by a shorthand writer appointed in insolvency proceedings:
for each person making any of the above.£11
12.2 For each exhibit referred to in an affidavit, affirmation, attestation or declaration for which fee 12.1 is payable.£2
FEES PAYABLE IN COURT OF APPEAL ONLY
13 Fees payable in appeals to the Court of Appeal
13.1(a) Where in an appeal notice, permission to appeal or an extension of time for appealing is applied for (or both are applied for):£235
on filing an appellant’s notice; or
where the respondent is appealing, on filing a respondent’s notice.
13.1(b) Where permission to appeal is not required or has been granted by the lower court:£465
on filing an appellant’s notice, or
on filing a respondent’s notice where the respondent is appealing.
13.1(c) On the appellant filing an appeal questionnaire (unless the appellant has paid fee 13.1(b), or the respondent filing an appeal questionnaire (unless the respondent has paid fee 13.1(b)).£465
13.2 On filing a respondent’s notice where the respondent 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.£235
13.3 On filing an application notice.£235
Fee 13.3 is not payable for an application made in an appeal notice.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Civil Proceedings Fees Order 2008 (S.I. 2008/1053).

It increases fees payable in civil proceedings as set out in the Explanatory Memorandum, which is published at www.legislation.gov.uk.

If the fee has been paid for a request to reconsider at a hearing a decision on permission to bring a judicial review and permission is subsequently granted at a hearing, only half of the judicial review fee is then payable.

Fee 2 (General Fees (High Courts and County Court) has been changed to remove fees payable on filing a directions questionnaire, receipt of a notice of allocation and filing a pre-trial checklist.

References to the county courts have been changed to reflect the introduction of the single County Court.

This Order replaces the entire schedule of fees payable in civil proceedings in the Court of Appeal, High Court and County Court.

A full impact assessment is also annexed to the Explanatory Memorandum.

(1)

2003 c.39. Section 92 was amended by sections 15(1) and 59, paragraphs 308 and 345 of Schedule 4 Part 1 and paragraph 4 of Schedule 11 Part 2 to the Constitutional Reform Act 2005 (c.4) and sections 17(5) and 17(6), paragraph 40(a) of Schedule 9 Part 2 and paragraphs 83 and 95 of Schedule 10 Part 2 to the Crime and Courts Act 2013 (c. 22).

(3)

S.I. 2008/1053. Schedule 1 was substituted by S.I. 2013/1410 and amended by S.I. 2014/590.

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