The Civil Proceedings Fees Order 2008

JurisdictionUK Non-devolved
CitationSI 2008/1053
Year2008
(1) This Order may be cited as the Civil Proceedings Fees Order 2008 and shall come into force on 1st May 2008.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .the CPR” means the Civil Procedure Rules 1998 ;LSC” means the Legal Services Commission established under section 1 of the Access to Justice Act 1999 ;expressions also used in the CPR have the same meaning as in those Rules.
  • The fees set out in column 2 of Schedule 1 are payable in the
  • non-contentious probate business;
  • the enrolment of documents;
  • criminal proceedings (except proceedings on the Crown side of the Queen's Bench Division to which the fees in Schedule 1 are applicable) ;
  • proceedings by sheriffs, under-sheriffs, deputy-sheriffs or other officers of the sheriff; or
  • family proceedings in the High Court or in
  • fee 2.4(a) (application on notice where no other fee is specified) ; andfee 2.5(a) (application by consent or without notice where no other fee is specified) ;(2) For the purpose of this regulation, “Public Guardian” has the meaning given in section 57 of the Mental Capacity Act 2005.
  • Fees 2.4(a) (on an application on notice where no other fee is specified) and 2.5(a) (on an application by consent or without notice where no other fee is specified) in Schedule 1 (fees to be taken) are not payable in respect of any application made by reference to sections 85F-K of the Courts Act 2003
  • Where by any convention entered into by Her Majesty with any foreign power it is provided that no fee is required to be paid in respect of any proceedings, the fees specified in this Order are not payable in respect of those proceedings.
  • (1) Subject to paragraph (2) , Schedule 2 applies for the purpose of ascertaining whether a party is entitled to a remission or part remission of a fee prescribed by this Order.fee F561.1 if the fee relates to proceedings to recover a sum of money in cases brought by Money Claim OnLine users; orfee 8.8 (fee payable on a consolidated attached of earnings order or an administration order) .
  • The instruments listed in column 1 of the table in Schedule 3 (which have the references listed in column 2) are revoked.
  • . . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . ....; . . .. . .
    F14 Column 1 Number and description of fee Amount of fee (or manner of calculation)
    1 Starting proceedings (High Court and County Court)
    1.1 On starting proceedings (including proceedings issued after permission to issue is granted ...) to recover a sum of money where the sum claimed:
    (a) does not exceed £300; £35
    (b) exceeds £300 but does not exceed £500; £50
    (c) exceeds £500 but does not exceed £1,000; £70
    (d) exceeds £1,000 but does not exceed £1,500; £80
    (e) exceeds £1,500 but does not exceed £3,000; £115
    (f) exceeds £3,000 but does not exceed £5,000; £205
    (g) exceeds £5,000 but does not exceed £10,000; £455
    (h) exceeds £10,000 but does not exceed £200,000; 5% of the value of the claim
    (i) exceeds £200,000 or is not limited. £10,000
    Fee 1.1
    Where the claimant does not identify the value of the claim when starting proceedings to recover a sum of money, the fee payable is the one applicable to a claim where the sum is not limited.
    Where the claimant is making a claim for interest on a specified sum of money, the amount on which the fee is calculated is the total amount of the claim and the interest.
    1.4 On starting proceedings for the recovery of land:
    (a) in the High Court; £480
    (b) in the County Court
    F16£355
    1.5 On starting proceedings for any other remedy (including proceedings issued after permission to issue is granted) :
    in the High Court; F61£569
    in the County Court. F62£332
    Fees 1.1, 1.4 and 1.5. 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 or 1.5 is payable.
    Fees 1.1 and 1.5. 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 is payable in addition to fee 1.5.
    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 is payable in the High Court, and, in the County Court, whichever is greater of fee 1.1 or fee 1.5 is payable.
    Fees 1.1 and 1.5.
    Where more than one non money claim is made in the same proceedings, fee 1.5 is payable once only, in addition to any fee which may be payable under fee 1.1.
    Fees 1.1 and 1.5 are not payable where fee 1.8(b) , fee 1.9(a) , fee 3 or fee 10.1 applies.
    Fees 1.1 and 1.5. 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 must pay the difference.
    1.6 On the filing of proceedings against a party or parties not named in the proceedings. F63£59
    Fee 1.6 is 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.
    1.7 On the filing of a counterclaim. The same fee as if the remedy sought were the subject of separate proceedings
    No fee is payable on a counterclaim which a defendant is required to make under rule 57.8 of the CPR (requirement to serve a counterclaim if a defendant makes a claim or seeks a remedy in relation to a grant of probate of a will, or letters of administration of an estate, of a deceased person) .
    1.8(a) On an application for permission to issue proceedings. F64£59
    (b) On an application for an order under Part 3 of the Solicitors Act 1974 for the assessment of costs payable to a solicitor by a client or on starting costs-only proceedings. F65£59
    F221.9(a) For permission to apply for judicial review. £154
    1.9(b) On applying for a request to reconsider at a hearing a decision on permission. £385
    Where the court has made an order giving permission to proceed with a claim for judicial review, there is payable by the claimant within 7 days of service on the claimant of that order:
    1.9(c) if the proceedings have been started by an application for permission to apply for judicial review.Where fee 1.9(b) has been paid and permission has been granted at a hearing, the amount payable under fee 1.9(c) is £385. £770
    1.9(d) if the claim for judicial review was started otherwise than by an application for permission to apply for judicial review. £154
    F451.10 On an appeal under regulation 38(9) of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 (applications to the county court) . F46£5
    2 General Fees (High Court and County Court)
    F282.1 On the court fixing a trial date or trial period for a case allocated to:
    (a) the multi-track; F66£1175
    (b) the fast track; £545
    (c) the
    ...
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