County Court Fees Order 1982
| Jurisdiction | UK Non-devolved |
| Citation | SI 1982/1706 |
| Year | 1982 |
1982 No. 1706 (L. 28)
COUNTY COURTS
The County Court Fees Order 198223rdNovember 1982
1stDecember 1982
20thDecember 1982
The Lord Chancellor, in exercise of the powers conferred on him by section 177 of the County Courts Act 1959 (a) and section 365(3) of the Companies Act 1948 (b), with the concurrence of the Treasury, hereby makes the following Order:—
1. This Order may be cited as the County Court Fees Order 1982 and shall come into force on 20th December 1982.
2. In this Order, unless the context otherwise requires—
(a) "the Act" means the County Courts Act 1959;
(b) "the County Court Rules" means the Rules for the time being in force under section 102 of the Act;
(c) an Order, Rule or form referred to by number means the Order, Rule or form so numbered in the County Court Rules;
(d) expressions used in the County Court Rules have the same meaning as in those Rules;
(e) Schedule 1 and Schedule 2 mean respectively Schedule 1 and Schedule 2 to this Order;
(f) a fee or column referred to by number means the fee or column so numbered in Schedule 1; and
(g) for the purpose of calculating poundage, a fraction of a pound shall be reckoned as an entire pound.
3.—(1) The fees set out in column 2 shall be taken in county courts in respect of the proceedings described in column 1 in accordance with and subject to the directions contained in column 3.
(2) Subject to any direction to the contrary in Schedule 1, the fee prescribed by this Order on any proceeding shall be payable by the party at whose instance the proceeding is taken and, except as provided in the following paragraph, before it is taken.
(3) Any fee prescribed in a proceeding taken under a warrant of execution shall, to the extent that it is not recovered in any other manner, be payable by the execution creditor when the registrar so requests or the court so orders.
4. Where it appears to the Lord Chancellor that the payment of any fee specified in Schedule 1 would, owing to the exceptional circumstances of the particular case, involve hardship, he may reduce or remit the fee in that case.
5. The Orders specified in Schedule 2 shall be revoked, save as to any fee or other sum due or payable thereunder before the commencement of this Order.
(a) 1959 c.22.
(b) 1948 c.38.
Hailsham of St. Marylebone, C.
Dated 19th November 1982.
J. A. Cope, P. L. Brooke, Two of the Lord Commissioners of Her Majesty's Treasury.
Dated 23rd November 1982.
SCHEDULE 1
FEES
1. The fee payable on entering a plaint or any other originating process includes:—
(a) the examination and filing of the application, petition, request or other process or any amendment to it.
(b) the preparation and issue of any summons or other originating document and of any second or subsequent successive summons or originating document together with any notice of hearing.
(c) except where Fee No.2 applies, the service by the court of the summons, application, petition or request and any notice of hearing.
(d) the examination and filing of any affidavit in support of or in opposition to an application.
(e) the issue of an interlocutory application except where a fee is specifically prescribed.
(f) except where otherwise provided, the trial or hearing of an action, originating application, petition or appeal and of any interlocutory application in the course of the proceeding together with the...
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