County Court Fees Order, 1949
| Jurisdiction | UK Non-devolved |
| Citation | SI 1949/2230 |
| Year | 1949 |
1949 No. 2230 (L. 28)
The County Court Fees Order, 194930thNovember 1949
1stDecember 1949
1stJanuary 1950
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(a), section 2 of the Public Offices Fees Act, 1879(b), and section 365 of the Companies Act, 1948(c), 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 Table 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 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. 59) shall be payable, notwithstanding anything in this paragraph.
3. In proceedings under the Liabilities (War-Time Adjustment) Acts, 1941 and 1944(d), 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.
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.
(b) 42 & 43 Vict. c. 58.
(d) 4 & 5 Geo. 6. c. 24 and 7 & 8 Geo. 6. c. 40.
5. Where it appears to the Lord Chancellor that the payment of any fee specified in the Schedule to this Order would, owing to the exceptional circumstances of the particular case, involve hardship, the Lord Chancellor may reduce or remit the fee in the particular case.
6. The fees prescribed in this Order shall be taken in cash.
7.—(1) The Interpretation Act, 1889(a), shall apply to this Order in like manner as it applies to an Act of Parliament.
(2) In the Schedule to this Order, save where a contrary intention appears, an Order or Rule referred to by number means the Order or Rule so numbered in the County Court Rules, 1936, as amended, and "the Act" means the County Courts Act, 1934, as amended.
(3) In Sections III and IV of the said Schedule, for the purpose of calculating poundage, a fraction of a pound shall be reckoned as an entire pound.
8.—(1) This Order may be cited as the County Court Fees Order, 1949.
(2) The County Courts Fees Order, 1943(b) as amended, is hereby revoked save with respect to the following proceedings, namely—
(a) proceedings under Workmen's Compensation Acts;
(b) the trial or hearing of, or entry of judgment in, any action or matter or judgment summons which has been commenced or issued but not heard, before the date on which this Order comes into operation.
(3) This Order shall not apply to proceedings commenced in a County Court under the Tithe Acts.
(4) This Order shall come into operation on the 1st day of January, 1950.
Jowitt, C.
Dated this 30th day of November, 1949.
Richard Adams, Joseph Henderson, Lords Commissioners of His Majesty's Treasury.
SCHEDULE
TABLE OF FEES
Page
Section I.—General 1203
Section II.—Actions and matters under Specified Acts 1209
Section III.—Enforcement of Judgments 1212
Section IV.—Miscellaneous 1216
SECTION I
GENERAL
1. The fees prescribed in this Section are payable, so far as they are applicable, in all actions and matters commenced in or transferred to a County Court:
Provided that where special provision is made in another Section with regard to the fees payable on any particular proceeding, that provision shall have effect in lieu of any fee in this Section which would otherwise apply.
(a) 52 & 53 Vict. c. 63.
(b) S.R. & O. 1943 (No. 1359) I, p. 122 as amended by 1944 (No. 1375) I, p. 57, and 1947 (No. 2688) I, p. 373.
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 the court, the service by the court of the summons, application, petition or request, and any notice of hearing:
Provided that sub-paragraph (c) of this paragraph shall not apply to the service by a bailiff of a default summons (see Fee No. 4).
(d) the trial or hearing of an action, originating application, petition or appeal and 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.
3. 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.
4. 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.
No. of Description of Proceeding Amount of Fee
Fee
1 On entering a plaint—
(i) for the recovery of a sum of money
not exceeding £1 2s
exceeding £1 but not exceeding £2 3s
" £2 " " " £3 5s
" £3 " " " £4 7s
" £4 " " " £5 9s.
" £5 " " " £6 11s.
" £6 " " " £8 13s.
" £8 " " " £10 15s.
" £10 " " " £12 17s.
" £12 " " " £14 20s.
" £14 " " " £16 23s.
" £16 " " " £18 26s.
" £18 " " " £20 30s.
" £20 " " " £30 35s.
" £30 " " " £40 40s.
" £40 " " " £50 45s.
" £50 " " " £70 50s.
" £70 " " " £100 55s.
exceeding £100 60s.
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 which-
ever 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 approval of a settlement under
Order 5, Rule 19 (1), where such approval
is requested in the particulars of claim 10s.
If the settlement is not approved and the
action proceeds to hearing, the plaintiff
shall pay the difference between this fee
and Fee No. 1 (i), calculated on the sum
of money claimed.
(iii) for the recovery of land £1
(iv) for the recovery of land and a sum of
money Fee No. 1 (iii) and in
addition for every £5
(or part thereof) of the
money claim, 2s. Maxi-
mum fee, £3.
Where recovery of land is claimed on
the ground of forfeiture for non-payment of
rent, this fee is to be calculated on the rent
in arrear at the issue of the summons, but if
at the hearing the plaintiff claims a greater
sum, he shall pay the difference between the
amount paid by him on entering the plaint and
the amount which would have been payable
on entering a...To continue reading
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