COUNTY COURT FEES ORDER, 1943. Dated September 20, 1943. (a)
| Jurisdiction | UK Non-devolved |
| Citation | SI 1943/1359 |
| Year | 1943 |
1943 No. 1359 (L. 28)
COUNTY COURT, ENGLAND
5. Fees
THE COUNTY COURT FEES ORDER, 1943. DATED SEPTEMBER 20, 1943. (a)[This Order is printed as amended by Orders, dated December 8, 1944 (S.R. & O. 1944 (No. 1375) I, p.57) and December 16, 1947 (S.R. & O. 1947 (No. 2688) I, p.373).]
43 & 44 Vict. c. 58.
The Lord Chancellor and the Treasury, in pursuance of the powers and authorities vested in him and them respectively by section 167 of the County Courts Act, 1934, section 2 of the Public Offices Fees Act, 1879, and section 305 of the Companies Act, 1929, do hereby, according as the provisions of the above-mentioned enactments respectively authorise and require him and them, make, concur in, and sanction the following Order:—
1.—(1) The fees set out in the Tables contained in the Schedule to this Order shall be taken in County Courts in respect of the proceedings described in the second column thereof, in accordance with and subject to the directions contained therein whether prefixed to or included within any Section of the said Table.
(2) The fee prescribed by this Order on any proceeding shall, except in the case of a fee for keeping possession of, appraising or selling a ship or goods, and except in a case where a direction to the contrary is contained in the Schedule to this Order, be payable by the party at whose instance the proceeding is taken and before it is taken.
2. Where a party is proceeding in a County Court under the Rules relating to proceedings by and against poor persons, or is seeking to enforce by a judgment summons in a County Court a judgment or order obtained by him under such Rules whether in the High Court or in a County Court, the fees which, but for the provisions of this paragraph, would have been payable by him in the first instance in pursuance of this Order shall not be payable:
Provided that—
(a) where the poor person has applied for a jury, nothing in this paragraph shall excuse him from any obligation to pay or deposit any sum required for the juror's fees; and
(b) where money recovered by a poor person in the High Court is transferred or paid into a County Court, the fee on the transfer or payment (Fee No. 87) shall be payable, notwithstanding anything in this paragraph.
(a) Revocation—This Order was revoked (except as to Workmen's Compensation) and replaced (January 1, 1950) by the County Court Fees Order, 1949 (S.I. 1949 No. 2230).
& 8 Geo. 6. c. 40.
3. In proceedings under the Liabilities (War-Time Adjustment) Acts, 1941 and 1944, the fees prescribed by this Order shall not be payable where the party who would otherwise be liable to pay them in the first instance, would be entitled to pay them out of money provided by Parliament. (a)
4. If any question arise with regard to the payment of any fee, the Registrar may report the matter to the Lord Chancellor and obtain his directions thereon.
5. The fees prescribed by this Order shall be taken in cash.
6. The Interpretation Act, 1889, shall apply to this Order in like manner as it applies to an Act of Parliament.
7.—(1) This Order may be cited as the County Court Fees Order, 1943.
(2) The County Court Fees Order, 1936, as amended (b), is hereby revoked.
(3) This Order shall come into operation on the 1st day of October, 1943. Dated the 20th day of September, 1943.
Simon, C.
W. M. Adamson J. P. L. Thomas/Lords Commissioners of His Majesty's Treasury.
(a) Para. 3 as substituted by S.R & O. 1944 No. 1375.
(b) S.R. & O. 1936 (No. 1160) I, p.693, as amended by 1938 (Nos. 60 and 710) I, pp. 997–9; 1939 (No. 1634) I, p.476; 1940 (No. 2126) I, p.211; 1941 (No. 998) I, p.131; and 1942 (Nos. 70, 557 and 2092) I, pp. 93–9.
SCHEDULE.
TABLE OF FEES.
PAGE
Section I … . General … . … . … . … . … . … . 196
Section II. … . Proceedings transferred to a County Court 204
Section III. … . Workmen's Compensation … . … . … . 205
Section IV. … . Actions and matters under Specified Acts 208
Section V. … . Taxation … . … . … . … . … . … . 213
Section VI. … . Enforcement of Judgments … . … . … . 213
Section VII. … . Miscellaneous … . … . … . … . … . 218
SECTION 1.
GENERAL.
1. The fees prescribed in this Section are payable, so far as they are applicable, in all actions and matters commenced in a County Court:
Provided that where special provision is made in another Section with regard to the fees payable on any particular proceeding, the provision shall have effect in lieu of any fee in this Section which would otherwise apply.
2. The fee payable on entering a plaint, originating application, petition or appeal includes:—
(a) the examination and filing of the praecipe, application, petition or request;
(b) the preparation and issue of the summons, or notice of hearing;
(c) if service is by bailiff, the service by the bailiff of the summons, application, petition or request, and any notice of hearing, on one defendant or respondent (see Fee No. 4):
Provided that sub-paragraph (c) of this paragraph shall not apply to the service by bailiff of a default summons (see Fee No. 4 (ii)).
3. The fee payable on the trial or hearing of an action includes the drawing, entering, sealing, and issue of the judgment or order given or made on the trial or hearing of the action, and the service of the judgment or order by post.
If before the opening of the case part of the claim is abandoned, this fee is to be calculated on the remedy or relief claimed after abandonment.
If before the trial or hearing the party against whom the claim is made pays part of the claim into Court admitting liability for the amount so paid or to the party making the claim, the amount so paid is to be deducted from the amount claimed for the purpose of calculating this fee.
4. The fee payable on the hearing of an originating application, petition or appeal includes the drawing, entering, sealing and issue of the judgment or order given or made thereon, and the service of the judgment or order by post.
5. Where a claim, counterclaim, originating application or petition is amended and the fees paid before amendment are less than those which would have been payable if the document as amended had been so drawn in the first instance, the party amending the document shall pay the difference.
6. Except where it is otherwise provided, the fee payable on an application for an order made in the course of proceedings includes—
(a) the examination and filing of any affidavit in support of or in opposition to the application; and
(b) the drawing, entering, sealing and issue of the order made thereon, and the service of such order or judgment by post.
7. In this Section an order or rule referred to by number means the order or rule so numbered in the County Court Rules, 1936, and "the Act" means the County Courts Act, 1934.
SECTION I—continued.
No. of
Fee. Description of Proceeding. Amount of Fee
1 On entering a plaint—
(i) for the recovery of a sum of money
not exceeding £1 2s
exceeding £1 not exceeding £2 3s
exceeding £2 not exceeding £3 5s
exceeding £3 not exceeding £4 6s
exceeding £4 not exceeding £5 7s.
exceeding £5 not exceeding £6 9s.
exceeding £6 not exceeding £7 10s.
exceeding £7 not exceeding £8 11s.
exceeding £8 not exceeding £9 12s.
exceeding £9 not exceeding £10 13s.
exceeding £10 not exceeding £11 14s.
exceeding £11 not exceeding £12 15s.
exceeding £12 not exceeding £13 16s.
exceeding £13 not exceeding £14 17s.
exceeding £14 not exceeding £15 18s.
exceeding £15 not exceeding £16 19s.
exceeding £16 not exceeding £17 20s.
exceeding £17 not exceeding £18 21s.
exceeding £18 not exceeding £19 22s.
exceeding £19 not exceeding £20 23s.
exceeding £20 not exceeding £21 24s.
exceeding £21 not exceeding £22 25s.
exceeding £22 not exceeding £23 26s'
exceeding £23 not exceeding £24 27s.
exceeding £24 not exceeding £25 28s.
exceeding £25 not exceeding £30 29s.
exceeding £30 not exceeding £35 30s.
exceeding £35 not exceeding £40 32s.
exceeding £40 not exceeding £50 34s.
exceeding £50 not exceeding £60 36s.
exceeding £60 not exceeding £70 38s.
exceeding £70 40s.
Where a sum of money is claimed as
an alternative to a claim for another
sum of money, this fee is to be
calculated on whichever sum is the
greater.
Where a sum of money is claimed in
addition to another sum of money,
then for the purpose of calculating
this fee the additional sum is to be
added to the sum on which this fee
would otherwise be calculated.
(ii) for the recovery of land—
(a) after expiry of the term or notice
to quit or under the Rent and
Mortgage Interest Restrictions
Acts, 1920 to 1939, or under a
mortgage or from a servant who has
occupied the land under the
contract of service … … … … 10s.
Where the land consists of a
tenement which immediately before the
determination of the tenancy was let
at a rent which included a payment in
respect of the use of furniture,
Fee No.1 (ii) (c) is payable in lieu
of Fee No. 1 (ii) (a).
(b) on forfeiture for non-payment of Fee 1 (i) calculated
rent on the rent in
arrear.
(c) in any other case … … … … £1
Where a sum of money is claimed in
addition to the recovery of land, the
fee payable is to be the fee
appropriate to the claim for recovery
of land (Fee No. 1 (ii) (a) (b) or (c)
as the case may be) or Fee No. 1 (i),
whichever is the greater.
(iii) for the delivery of goods—
(a) where the action is brought against
a person to whom the goods have
been supplied under a hire-purchase
agreement or against a guarantor of
such person … … … … … … Fee No. 1 (i)
calculated on the
unpaid balance of
the hire-purchase
price.
In this fee "hire-purchase
agreement" and "hire-purchase price"
have the same meaning as in the
LLiabilities (War-Time Adjustment) Act,
1941.
It shall be the duty of the
plaintiff to state in the praecipe the
amount of the unpaid balance of the
hire-purchase price and whether the...To continue reading
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