County Court Fees Order, 1959
| Jurisdiction | UK Non-devolved |
1959 No. 1262 (L. 9)
FEES AND FUNDS
The County Court Fees Order, 195922ndJuly 1959
29thJuly 1959
1stOctober 1959
The Lord Chancellor and the Treasury, in pursuance of the powers and authorities vested in him and them respectively by section 177 of the County Courts Act, 1959(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) Subject to any direction to the contrary in the Schedule to this Order, 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 on 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.
2. If any question arises with regard to the payment of any fee, the registrar may report the matter to the Lord Chancellor and obtain his directions thereon.
3. 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.
4. The fees prescribed in this Order shall be taken in cash.
5.—(1) The Interpretation Act, 1889(d), shall apply to this Order in like manner as it applies to an Act of Parliament.
(2) In the Schedule to this Order, except 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(e), as amended, and "the Act" means the County Courts Act, 1959.
(a) 7 & 8 Eliz. 2. c. 22.
(b) 42 & 43 Vict. c. 58.
(d) 52 & 53 Vict. c. 63.
(e) S.R. & O. 1936/626 (1936 I, p. 282).
(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.
6.—(1) This Order may be cited as the County Court Fees Order, 1959, and shall come into operation on the 1st day of October, 1959.
(2) The County Court Fees Order, 1949(a), as amended(b), is hereby revoked.
Kilmuir, C.
Martin Redmayne R. Brooman-White Lords Commissioners of Her Majesty's Treasury.
Dated this 22nd day of July, 1959.
SCHEDULE
TABLE OF FEES
Page
Section I.—General … … … … … … … … … … … 804
Section II.—Actions and matters under Specified Acts … … … 810
Section III.—Enforcement of Judgments … … … … … … … 814
Section IV.—Miscellaneous … … … … … … … … … 818
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.
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) except where Fee No. 4 applies, the service by the court of the summons, application, petition or request, and any notice of hearing;
(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.
(a) S.I. 1949/2230 (1949 I, p. 1202).
(b) S.I. 1950/1768, 1951/1403, 1954/1106, 1504, 1955/865, 1956/501, 1907, 1957/1146, 1156, 1958/1650, 2154 (1950 I, p. 451; 1951 I, p. 355; 1954 I, pp. 521, 523; 1955 I, p. 528; 1956 I, pp. 534, 536; 1957 I, pp. 509, 510; 1958 I, pp. 383, 385).
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 3s
exceeding £1 but not exceeding £2 6s
" £2 " " " £3 9s
" £3 " " " £4 12s
" £4 " " " £5 15s.
" £5 " " " £6 17s.
" £6 " " " £7 19s.
" £7 " " " £8 21s.
" £8 " " " £9 23s.
" £9 " " " £10 25s.
" £10 " " " £11 27s.
" £11 " " " £12 29s.
" £12 " " " £13 31s.
" £13 " " " £14 33s.
" £14 " " " £15 35s.
" £15 " " " £16 36s.
" £16 " " " £17 37s.
" £17 " " " £18 38s.
" £18 " " " £19 39s.
" £19 " " " £20 40s.
" £20 " " " £21 41s.
" £21 " " " £22 42s.
" £22 " " " £23 43s.
" £23 " " " £24 44s.
" £24 " " " £25 45s.
" £25 " " " £26 46s.
" £26 " " " £27 47s.
" £27 " " " £28 48s.
" £28 " " " £29 49s.
" £29 " " " £30 50s.
" £30 " " " £31 51s.
" £31 " " " £32 52s.
" £32 " " " £33 53s.
" £33 " " " £34 54s.
" £34 " " " £35 55s.
" £35 " " " £36 56s.
" £36 " " " £37 57s.
" £37 " " " £38 58s.
" £38 " " " £39 59s.
" £39 " " " £100 60s.
" £100 80s.
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 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 Fee No. 1 (iii) and
money in addition for
every £1 or part
thereof of the
money claim, 1s.
Maximum fee, £4.
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 plaint for the recovery of
land and the sum claimed at the
hearing.
(v) 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 and/or against a
guarantor of such person Fee No. 1 (i)
calculated on the
unpaid balance of
the hire-purchase
price.
(b) in any other case Fee No. 1 (i)
calculated on the
value of the goods.
It shall be the duty of the plaintiff
to estimate the value of the goods and
the amount so estimated shall be...To continue reading
Request your trial