The Civil Proceedings Fees Order 2008

Year2008

2008 No. 1053 (L. 5)

Supreme Court Of England And Wales

County Courts, England And Wales

The Civil Proceedings Fees Order 2008

Made 7th April 2008

Laid before Parliament 9th April 2008

Coming into force 1st May 2008

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 20031and sections 414 and 415 of the Insolvency Act 19862.

In accordance with section 92(5) and (6) of that Act 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
S-1 Citation and commencement

Citation and commencement

1.—(1) This Order may be cited as the Civil Proceedings Fees Order 2008 and shall come into force on 1st May 2008.

(2) In this Order—

(a)

(a) “CCBC” means County Court Bulk Centre;

(b)

(b) “the CPR” means the Civil Procedure Rules 19983;

(c)

(c) “LSC” means the Legal Services Commission established under section 1 of the Access to Justice Act 19994;

(d)

(d) expressions also used in the CPR have the same meaning as in those Rules.

Fees payable

Fees payable

S-2 The fees set out in column 2 of Schedule 1 are payable in the...

2. The fees set out in column 2 of Schedule 1 are payable in the Supreme Court and in county courts in respect of the items described in column 1 in accordance with and subject to the directions specified in that column.

S-3 No fee is payable in respect of— non-contentious probate...

3. No fee is payable in respect of—

(a) non-contentious probate business;

(b) the enrolment of documents;

(c) criminal proceedings (except proceedings on the Crown side of the Queen’s Bench Division to which the fees in Schedule 1 are applicable);

(d) proceedings by sheriffs, under-sheriffs, deputy-sheriffs or other officers of the sheriff; or

(e) family proceedings in the High Court or in a county court.

S-4 Where by any convention entered into by Her Majesty with any...

4. Where by any convention entered into by Her Majesty with any foreign power it is provided that no fee is required to be paid in respect of any proceedings, the fees specified in this Order are not payable in respect of those proceedings.

Remissions and part remissions
S-5 Remissions and part remissions

Remissions and part remissions

5. Schedule 2 applies for the purpose of ascertaining whether a party is entitled to a remission or part remission of a fee prescribed by this Order.

Revocations
S-6 Revocations

Revocations

6. The instruments listed in column 1 of the table in Schedule 3 (which have the references listed in column 2) are revoked.

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

3rd April 2008

Steve McCabe

Claire Ward

Two of the Lords Commissioners of Her Majesty’s Treasury

7th April 2008

SCHEDULE 1

Article 2

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 Claim Production Centre 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;

£30

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

£45

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

£65

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

£75

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

£85

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

£108

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

£225

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

£360

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

£630

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

£810

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

£990

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

£1,170

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

£1,350

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

£1,530

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

(a) does not exceed £300;

£15

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

£30

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

£55

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

£65

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

£75

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

£85

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

£190

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

£310

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

£550

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;

£80

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

£100

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

£210

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

£340

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

£595

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;

£400

(b) in the county court, other than where fee 1.4(c) applies;

£150

(c) using the Possession Claims Online website.

£100

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

—in the High Court

£400

—in the county court

£150

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 1.1and 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 10.1 or fee 3 applies.

Fees 1.1 and fee 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.

£40

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 (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.

£40

(b) On an application for an order under Part 3 of the Solicitors Act 19745 for the assessment of costs payable to a solicitor by a client or on starting costs-only proceedings.

£40

1.9(a) On starting proceedings for judicial review.

£50

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(b) if the judicial review procedure has been started.

£180

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

£50

2 General Fees (High Court and county courts)

2.1 On the claimant filing an allocation questionnaire; or

where the court dispenses with the need for an allocation questionnaire, within 14 days of the date of despatch of the notice of allocation to track; or

where the CPR or a Practice Direction provide for automatic allocation or provide that the rules on allocation do not apply, within 28 days of the filing of the defence (or the filing of the last defence if there is more than one defendant), or within 28 days of the expiry of the time permitted for filing all defences if sooner—

(a) if the case is on the small claims track and the claim exceeds £1,500;

£35

(b) if the case is on the fast track or multi–track.

£200

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—

on the defendant filing an allocation questionnaire; or

where the court dispenses with the need for an allocation questionnaire, within 14 days of the date of despatch of the notice of allocation to track; or

where the CPR or a Practice Direction provide for automatic allocation or provide that the rules on allocation do not apply, within 28 days of the filing of the defence to the counterclaim (or the filing of the last defence to the counterclaim if there is more than one party entitled to file a defence to the counterclaim), or within 28 days of the expiry of the time permitted for filing all defences to the counterclaim if sooner.

Where fee 2.1 is payable on the filing of...

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