County Court Fees Order 1999

JurisdictionUK Non-devolved
CitationSI 1999/689
Year1999

1999 No. 689 (L. 6)

COUNTY COURTS

The County Court Fees Order 1999

Made 8th March 1999

Laid before Parliament 11th March 1999

Coming into force 26th April 1999

The Lord Chancellor, in exercise of the powers conferred on him by section 128 of the County Courts Act 19841, sections 414 and 415 of the Insolvency Act 19862and section 128 of the Finance Act 19903, with the concurrence of the Treasury under section 128(1) of the County Courts Act 1984, and with the sanction of the Treasury under sections 414(1) and 415(1) of the Insolvency Act 1986, makes the following Order:

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the County Court Fees Order 1999 and shall come into force on 26th April 1999.

Interpretation
S-2 Interpretation

Interpretation

2. In this Order, unless the context otherwise requires–

(a) a fee referred to by number means the fee so numbered in Schedule 1 to this Order;

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

(c) “the CPR” means the Civil Procedure Rules 19984;

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

(e) “CPC” means Claim Production Centre.

Fees to be taken

Fees to be taken

S-3 The fees set out in column 2 of Schedule 1 to this Order shall...

3. The fees set out in column 2 of Schedule 1 to this Order shall be taken in county courts in respect of the items described in column 1 in accordance with and subject to the directions specified in column 1.

S-4 The provisions of this Order shall not apply to family...

4. The provisions of this Order shall not apply to family proceedings.

Exemptions, reductions and remissions

Exemptions, reductions and remissions

S-5 No fee shall be payable under this Order by a party who, at the...

5.—(1) No fee shall be payable under this Order by a party who, at the time when a fee would otherwise become payable–

(a)

(a) is in receipt of any qualifying benefit, and

(b)

(b) is not in receipt of representation under Part IV of the Legal Aid Act 19885for the purposes of the proceedings.

(2) The following are qualifying benefits for the purposes of paragraph (1)(a) above–

(a)

(a) income support;

(b)

(b) family credit and disability working allowance under Part VII of the Social Security Contributions and Benefits Act 19926; and

(c)

(c) income-based jobseeker’s allowance under the Jobseekers Act 19957.

(3) Paragraph (1) shall not apply to fee 4.8 (fee payable on a consolidated attachment of earnings order or an administration order).

S-6 Where it appears to the Lord Chancellor that the payment of any...

6. Where it appears to the Lord Chancellor that the payment of any fee prescribed by this Order would, owing to the exceptional circumstances of the particular case, involve undue financial hardship, he may reduce or remit the fee in that case.

S-7 Where by any convention entered into by Her Majesty with any...

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

Revocations
S-8 Revocations

Revocations

8. The Orders specified in Schedule 2 shall be revoked, except as to any fee or other sum due or payable under those Orders before the commencement of this Order.

Irvine of Lairg, C.

Dated 5th March 1999

Clive J.C. Betts

Bob Ainsworth

Two of the Lords Commissioners of Her Majesty’s Treasury

Dated 8th March 1999

Schedule 1

Fees to be taken

Column 1

Column 2

Number & description of fee

Amount of fee

Commencement of proceedings

1

1.1. On the commencement of originating proceedings (including originating proceedings issued after leave to issue is granted) to recover a sum of money, except in CPC cases, where the sum claimed:

(a) does not exceed £200…£20

(b) exceeds £200 but not £300…£30

(c) exceeds £300 but not £400…£40

(d) exceeds £400 but not £500…£50

(e) exceeds £500 but not £1,000…£70

(f) exceeds £1,000 but not £5,000…£100

(g) exceeds £5,000 but not £15,000…£200

(h) exceeds £15,000 but not £50,000…£300

(i) exceeds £50,000 or not limited…£400

1.2. On the commencement of originating proceedings to recover a sum of money in CPC cases, where the sum claimed:

(a) does not exceed £200…£15

(b) exceeds £200 but not £300…£25

(c) exceeds £300 but not £400…£35

(d) exceeds £400 but not £500…£45

(e) exceeds £500 but not £1,000…£65

(f) exceeds £1,000 but not £5,000…£95

(g) exceeds £5,000 but not £15,000…£195

(h) exceeds £15,000 but not £50,000…£295

(i) exceeds £50,000 or not limited…£395

1.3. On the commencement of originating proceedings for any other remedy or relief (including originating proceedings issued after leave to issue is granted)

£120

Fees 1.1 and 1.3 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 1.3 shall be payable.

Fees 1.1 and 1.3 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 shall be payable in addition to fee 1.3. Where a claim for money is alternative to a non money claim (other than a claim for recovery of land or goods) then fee 1.1 or fee 1.3 shall be payable, whichever is the greater.

Fees 1.1 and 1.3 Generally

Where more than one non money claim is made in the same proceedings, fee 1.3 shall be payable once only, in addition to any fee which may be payable under fee 1.1.

Fees 1.1 and 1.3 shall not be payable where fee 1.6(b) or fee 8 apply.

Fees 1.1 and 1.3 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 shall pay the difference.

1.4. On the filing of proceedings against a party or parties not named in the originating proceedings

£30

Fee 1.4 shall be 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.

1.5. On the filing of a counterclaim

The same fee as if the relief or remedy sought were the subject of separate proceedings

1.6. (a) On an application for leave to issue originating proceedings

£30

(b) On an application for an order under Part III of the Solicitors Act 19748for the assessment of costs payable to a solicitor by his client

£30

General Fees

2

2.1. On the claimant filing an allocation questionnaire; or

£80

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 shall not apply, within 28 days of the filing of the defence (or the filing of the last defence is there is more than one defendant), or within 28 days of the expiry of the time permitted for filing all defences if sooner

Fee 2.1 shall be payable by the claimant except where the action is proceeding on the counterclaim alone, when it shall be 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 shall 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 a counterclaim), or within 28 days of the expiry of the time permitted for filing all defences to the counterclaim if sooner

2.2. On the claimant filing a listing questionnaire; or

where the court fixes the trial date or trial week without the need for a listing questionnaire, within 14 days of the date of despatch of the notice (or the date when oral notice is given if no written notice is given) of the trial week or the trial date if no trial week is fixed

(a) if the case is on the multi-track

£300

(b) in any other case

£200

Fee 2.2 shall be payable by the claimant except where the action is proceeding on the counterclaim alone, when it shall be payable by the defendant–

on the defendant filing a listing questionnaire; or

where the court fixes the trial date or trial week without the need for a listing questionnaire, within 14 days of the date of despatch of the notice (or the date when oral notice is given if no written notice is given) of the trial week or the trial date if no trial week is fixed:

Where the court receives notice in writing–

before the trial date has been fixed or,

where a trial date has been fixed, at least 7 days before the trial date, from the party who paid fee 2.2 that the case is settled or discontinued, fee 2.2 shall be refunded.

Fees 2.1 and 2.2 Generally

Fees 2.1 and 2.2 shall be payable once only in the same proceedings.

Fees 2.1 and 2.2 shall be payable as appropriate where the court allocates a case to a track for a trial of the assessment of damages.

Fee 2.1 shall not be payable where the procedure in Part 8 of the CPR is used.

Fee 2.2 shall not be payable in respect of a small claims hearing.

2.3. On filing notice of appeal including an appeal against an allocation decision where no other fee is specified

£100

2.4. On an application on notice other than an application to fix the rate of payment before judgment where no other fee is specified

£50

2.5. On an application by consent or without notice for a judgment or order where no other fee is specified

£25

For the purpose of fee 2.5 a request for a judgment or order on admission or in default shall not constitute an application and no fee shall be payable.

2.6. On an application for a...

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