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The Civil Proceedings Fees Order 2004

As Enacted Cited authorities 53 Cited in Amendments 25 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2004/3121

2004 No. 3121 (L. 23)

SUPREME COURT OF ENGLAND AND WALESCOUNTY COURTS, ENGLAND AND WALES

The Civil Proceedings Fees Order 2004

Made 25th November 2004

Laid before Parliament 30th November 2004

Coming into force 4th January 2005

The Lord Chancellor, in exercise of the powers conferred upon him by sections 92 and 108(6) of the Courts Act 20031, sections 414 and 415 of the Insolvency Act 19862, and section 128 of the Finance Act 19903, with the consent of the Treasury under section 92(1) of the Courts Act 2003 and after consultation with the Lord Chief Justice, the Master of the Rolls, the President of the Family Division, the Vice-Chancellor, the Head of Civil Justice and the Deputy Head of Civil Justice and the Civil Justice Council under section 92(5) and (6) of the Courts Act 2003 and with the sanction of the Treasury under sections 414(1) and 415(1) of the Insolvency Act 1986, hereby makes the following Order:

Citation, commencement and interpretation
S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Civil Proceedings Fees Order 2004 and shall come into force on the 4th January 2005.

(2) In this Order—

(a)

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

(b)

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

(c)

(c) “CPC” means Claim Production Centre;

(d)

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

(e)

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

(f)

(f) “family proceedings” means family proceedings in the High Court or in a county court as appropriate;

(g)

(g) “LSC” means the Legal Services Commission established under section 1 of the Access to Justice Act 19995;

(h)

(h) “Funding Code” means the code approved under section 9 of the Access to Justice Act 19996;

(i)

(i) “GLO” means a Group Litigation Order.

Fees to be taken

Fees to be taken

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

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

S-3 The provisions of this Order shall not apply to—...

3. The provisions of this Order shall not apply to—

(a) non-contentious probate business;

(b) proceedings in the Court of Protection, except in so far as fees 1, 2, 3, 6, 9 and 10 in Schedule 1 (High Court only) are applicable;

(c) the enrolment of documents;

(d) criminal proceedings (except proceedings on the Crown side of the Queen’s Bench Division to which the fees contained in Schedule 1 are applicable);

(e) proceedings by sheriffs, under-sheriffs, deputy-sheriffs or other officers of the sheriff; and

(f) family proceedings.

Exemptions, reductions, remissions and refunds

Exemptions, reductions, remissions and refunds

S-4 No fee shall be payable under this Order by a party who, at the...

4.—(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, as appropriate, either—

(i) representation under Part IV of the Legal Aid Act 19887for the purposes of the proceedings; or

(ii) funding provided by the LSC for the purposes of the proceedings and for which a certificate has been issued under the Funding Code certifying a decision to fund services for that party.

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

(a)

(a) income support under the Social Security Contributions and Benefits Act 19928;

(b)

(b) working tax credit, provided that—

(i) child tax credit is being paid to the party, or otherwise following a claim for child tax credit made jointly by the members of a married couple or an unmarried couple (as defined respectively in section 3(5) and (6) of the Tax Credits Act 20029which includes the party; or

(ii) there is a disability element or severe disability element (or both) to the tax credit received by the party;

and that the gross annual income taken into account for the calculation of the working tax credit is £14,600 or less;

(c)

(c) income-based jobseeker’s allowance under the Jobseekers Act 199510; and

(d)

(d) guarantee credit under the State Pension Credit Act 200211.

(3) In the county courts paragraph (1) shall not apply to fee 7.8 (fee payable on a consolidated attachment of earnings order or an administration order).

S-5 Where it appears to the Lord Chancellor that the payment of any...

5. 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-6 Subject to paragraph (2), where a fee has been paid at a time—...

6.—(1) Subject to paragraph (2), where a fee has been paid at a time—

(a)

(a) when, under article 4, it was not payable, the fee shall be refunded;

(b)

(b) where the Lord Chancellor, if he had been aware of all the circumstances, would have reduced the fee under article 5, the amount by which the fee would have been reduced shall be refunded; and

(c)

(c) where the Lord Chancellor, if he had been aware of all the circumstances, would have remitted the fee under article 5, the fee shall be refunded.

(2) No refund shall be made under paragraph (1) unless the party who paid the fee applies within 6 months of paying the fee.

(3) The Lord Chancellor may extend the period of 6 months referred to in paragraph (2) if he considers that there is good reason for an application being made after the end of the period of 6 months.

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, in so far as they were made under sections 414 and 415 of the Insolvency Act 1986 and section 128 of the Finance Act 1990, shall be revoked.

Falconer of Thoroton, C

C

Dated 22nd November 2004

John Heppell

Nick Ainger

Two of the Lords Commissioners of Her Majesty’s Treasury

Dated 25th November 2004

SCHEDULE 1

Article 2

Fees to be Taken

Column 1

Column 2

Number and description of fee

Amount of fee

1.Commencement of proceedings (High Court and county court)

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

(a) does not exceed £50,000…

£400

(b) exceeds £50,000 but does not exceed £100,000…

£700

(c) exceeds £100,000 but does not exceed £150,000…

£900

(d) exceeds £150,000 but does not exceed £200,000…

£1,100

(e) exceeds £200,000 but does not exceed £250,000…

£1,300

(f) exceeds £250,000 but does not exceed £300,000…

£1,500

(g) exceeds £300,000 or is not limited…

£1,700

1.2.On the commencement of originating proceedings in the county court (including originating proceedings issued after leave to issue is granted) to recover a sum of money, except in CPC cases brought by Centre users:

(a) does not exceed £300…

£30

(b) exceeds £300 but does not exceed £500…

£50

(c) exceeds £500 but does not exceed £1,000…

£80

(d) exceeds £1,000 but does not exceed £5,000…

£120

(e) exceeds £5,000 but does not exceed £15,000…

£250

(f) exceeds £15,000 but does not exceed £50,000…

£400

(g) exceeds £50,000 but does not exceed £100,000…

£700

(h) exceeds £100,000 but does not exceed £150,000…

£900

(i) exceeds £150,000 but does not exceed £200,000…

£1,100

(j) exceeds £200,000 but does not exceed £250,000…

£1,300

(k) exceeds £250,000 but does not exceed £300,000…

£1,500

(l) exceeds £300,000 or is not limited…

£1,700

1.3.On the commencement of originating proceedings in the county court to recover a sum of money in Claim Production Centre cases brought by Centre users, where the sum claimed:

(a) does not exceed £300…

£20

(b) exceeds £300 but does not exceed £500…

£40

(c) exceeds £500 but does not exceed £1,000…

£70

(d) exceeds £1,000 but does not exceed £5,000…

£110

(e) exceeds £5,000 but does not exceed £15,000…

£240

(f) exceeds £15,000 but does not exceed £50,000…

£390

(g) exceeds £50,000 but does not exceed £100,000…

£690

Fee 1.3

Claims above £99,999.99 cannot be issued through the Claim Production Centre. Parties should issue the claim in the relevant court.

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

— in the High Court

£400

— in the county court

£150

Fees 1.1, 1.2 and 1.4 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 1.4 shall be payable.

Fees 1. 1, 1.2 and 1.4 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 or fee 1.2 as appropriate shall be payable in addition to fee 1.4.

Where a claim for money is alternative to a non money claim (other than a claim for recovery of land or goods), only fee 1.1 shall be payable in the High Court, and, in the county court, fee 1.2 or fee 1.4 shall be payable, whichever is the greater.

Fees 1.1 or 1.2 as appropriate and 1.4—Generally

Where more than one non money claim is made in the same proceedings, fee 1.4 shall be payable once only, in addition to any fee which may be payable under fee 1.1 or fee 1.2 as appropriate.

Fees 1.1 or fee 1.2 as appropriate and fee 1.4 shall not be payable where fee 1.7(b), fee 1.8(a) ( in the High Court only), fee 9.1 (in the High Court only) or...

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