The Civil Proceedings Fees (Amendment) Order 2009
S.I. 2009/1498 · Made 10 June 2009
Supreme Court Of England And Wales
County Courts, England And Wales
Made 10th June 2009
Laid before Parliament 18th June 2009
Coming into force 13th July 2009
The Lord Chancellor, with the consent of the Treasury, makes the following Order in exercise of the power conferred by section 92 of the Courts Act 2003f1.
In accordance with section 92(5) and (6) of that Act the Lord Chancellor has consulted the Lord Chief Justice, the Master of the Rolls, the President of the Queen’s Bench Division, the President of the Family Division, the Chancellor of the High Court, the Head of Civil Justice, the Deputy Head of Civil Justice and the Civil Justice Council.
Annotations to the whole text
Footnotes
- f1
-
2003 c.39; section 92 is amended by paragraphs 308 and 345 of Schedule 4 to the Constitutional Reform Act 2005 (c.4) from 1 October 2005.
Contents
- 1Citation and commencement
- 2Amendment of the Civil Proceedings Fees Order 2008
- 3Amendment of the Civil Proceedings Fees Order 2008
- 4Amendment of the Civil Proceedings Fees Order 2008
- 5Amendment of the Civil Proceedings Fees Order 2008
- 6Amendment of the Civil Proceedings Fees Order 2008
- 7Amendment of the Civil Proceedings Fees Order 2008
- 8Amendment of the Civil Proceedings Fees Order 2008
- 9Amendment of the Civil Proceedings Fees Order 2008
- 10Amendment of the Civil Proceedings Fees Order 2008
- 11Amendment of the Civil Proceedings Fees Order 2008
- 12Amendment of the Civil Proceedings Fees Order 2008
- 13Amendment of the Civil Proceedings Fees Order 2008
- 14Amendment of the Civil Proceedings Fees Order 2008
- 15Amendment of the Civil Proceedings Fees Order 2008
- 16Amendment of the Civil Proceedings Fees Order 2008
- 17Amendment of the Civil Proceedings Fees Order 2008
- 18Amendment of the Civil Proceedings Fees Order 2008
- 19Amendment of the Civil Proceedings Fees Order 2008
- 20Amendment of the Civil Proceedings Fees Order 2008
- 21Amendment of the Civil Proceedings Fees Order 2008
- 22Amendment of the Civil Proceedings Fees Order 2008
- Signature
- Explanatory note
1Citation and commencement
This Order may be cited as the Civil Proceedings Fees (Amendment) Order 2009 and comes into force on 13th July 2009.
2Amendment of the Civil Proceedings Fees Order 2008
The Civil Proceedings Fees Order 2008f1 is amended as follows.
3Amendment of the Civil Proceedings Fees Order 2008
In Schedule 1, in fee 2.7, in the description, omit “for a judgment or order” where it first appears.
4Amendment of the Civil Proceedings Fees Order 2008
In Schedule 1, in fee 2.10, after “judgments”, insert “, orders and fines”.
5Amendment of the Civil Proceedings Fees Order 2008
In Schedule 1, in fee 4.1 —
in fee 4.1(a), at the end of the description, insert “and”;
for the note to fee 4.1, substitute —
“Note: The fee payable under fee 4.1 includes –
where the court allows a party to fax to the court for the use of that party a document that has not been requested by the court and is not intended to be placed on the court file.
where a party requests that the court fax a copy of a document from the court file.
the court provides a subsequent copy of a document which it has previously provided.”
6Amendment of the Civil Proceedings Fees Order 2008
In Schedule 1, in fee 5.1 —
in the description, omit “in the Supreme Court” and “in the county court”;
in column 2, omit “£120” and “£105” and substitute “£140”.
7Amendment of the Civil Proceedings Fees Order 2008
In Schedule 1, in fee 5.3 —
in the description, omit “in the Supreme Court” and “in the county court”;
in column 2, omit “£50” and “£45” and substitute “£60”.
8Amendment of the Civil Proceedings Fees Order 2008
In Schedule 1, in fee 5.4 —
in the description, omit “in the Supreme Court” and “in the county court”;
in column 2, omit “£200” and “£105” and substitute “£200”.
9Amendment of the Civil Proceedings Fees Order 2008
In Schedule 1, in fee 5.5 —
in the description, omit “in the Supreme Court” and “in the county court”;
In column 2, omit “£50” and “£35” and substitute “£50”.
10Amendment of the Civil Proceedings Fees Order 2008
In Schedule 1, in fee 5.6 —
in the description, omit “in the Supreme Court” and “in the county court”;
in column 2, omit “£100” and “£65” and substitute “£100”.
11Amendment of the Civil Proceedings Fees Order 2008
In Schedule 1, for fee 8.1 substitute —
“
8.1 On an application for or in relation to enforcement of a judgment or order of a county court or through a county court, by the issue of a warrant of execution against goods except a warrant to enforce payment of a fine —
- (a)
in cases other than CCBC cases.
- (b)
in CCBC cases.
£100
£70
”
12Amendment of the Civil Proceedings Fees Order 2008
In Schedule 1, in fee 8.3, in column 2, for “£45” substitute “£50”.
13Amendment of the Civil Proceedings Fees Order 2008
In Schedule 1, in fee 8.4(a), in column 2, for “£55” substitute “£100”.
14Amendment of the Civil Proceedings Fees Order 2008
In Schedule 1, in fee 8.4(b), in column 2, for “£55” substitute “£100”.
15Amendment of the Civil Proceedings Fees Order 2008
In Schedule 1, in fee 8.5, in column 2, for “£95” substitute “£100”.
16Amendment of the Civil Proceedings Fees Order 2008
In Schedule 1, in fee 8.7, in column 2, for “£65” substitute “£100”.
17Amendment of the Civil Proceedings Fees Order 2008
In Schedule 1, in fee 8Af1, in column 2, for “£30” substitute “£100”.
18Amendment of the Civil Proceedings Fees Order 2008
In paragraph 1(1)(c) of Schedule 2, for “626” substitute “26”.
19Amendment of the Civil Proceedings Fees Order 2008
In paragraph 3(1) of Schedule 2, in column 2 —
for “£12,000” substitute “£13,000”;
for “£14,735” substitute “£15,930”;
for “£17,470” substitute “£18,860”;
for “£20,205” substitute “£21,790”; and
for “£22,940” substitute “£24,720”.
20Amendment of the Civil Proceedings Fees Order 2008
In paragraph 3(1) of Schedule 2, in column 3 —
for “£16,000” substitute “£18,000”;
for “£18,735” substitute “£20,930”;
for “£21,470” substitute “£23,860”;
for “£24,205” substitute “£26,790”; and
for “£26,940” substitute “£29,720”.
21Amendment of the Civil Proceedings Fees Order 2008
In paragraph 3(2) of Schedule 2, for “£2,735” substitute “£2,930”.
22Amendment of the Civil Proceedings Fees Order 2008
In paragraph 5(3) of Schedule 2 —
In sub-paragraph (a), for “£296” substitute “£315”;
In sub-paragraph (b), for “£228” substitute “£244”; and
in sub-paragraph (c), for “£150” substitute “£159”.
Signature
Signed by the authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
4th June 2009
We consent,
Tony Cunningham
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
10th June 2009
Explanatory note
(This note is not part of the Order)
This Order amends the Civil Proceedings Fees Order 2008 (S.I. 2008/1053 (L.5)). It makes the following changes of substance:
It increases some of the fees in Schedule 1. Except where indicated in paragraph (c) below, the fee increases are indicated in the body of the Order.
Articles 6 to 10 replace the separate fees in fee 5 for Supreme Court and county court matters with a single fee for both jurisdictions.
Article 11 creates a new fee 8.1. The fee payable for the issue of a warrant of execution against goods no longer depends on the amount for which the warrant is issued. The previous fees of £35 and £55 for cases other than County Court Bulk Centre cases brought by County Court Bulk Centre users are replaced by a single fee of £100. The previous fees of £25 and £45 for County Court Bulk Centre cases brought by County Court Bulk Centre users are replaced by a single fee of £70.
Articles 19 to 21 increase the figures for gross annual income in paragraph 3 of Schedule 2 which are used to determine whether a party is eligible for fee remission.
Article 22 increases the amounts that may be deducted from a party’s gross monthly income for living expenses. The amount that a party may deduct rises from £296 to £315. The amount for each child of the party rises from £228 to £244 and the amount that may be deducted if the party has a partner rises from £150 to £159.
A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available at http://www.justice.gov.uk/docs/civil-court-fees-2008-consultation-paper-cp31-08.pdf