OpenLegislation

Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Order)

This Order amends the County Court Fees Order 1982 so as—

(1)

to provide that exemption and remission from payment of court fees are only available for small claims proceedings, and that they have the effect of reducing the fee in question to £10 (article 3);

(2)

to provide an advance fee for the lodging of a bill for taxation, equal to half of the estimated final taxation fee as calculated on the assumption that the bill is upheld in full, and to set the final fee at £7.50 per £100 of the bill as taxed (article 9);

(3)

where the bill is lodged by the party who would have to pay the amount of the taxed bill, to limit the amount of the advance fee to £50 unless the district judge orders otherwise (article 5);

(4)

to reduce the fee for copies of documents to 25p per page after the first five pages of each document (article 11);

(5)

to increase the following fees as indicated (articles 6 and 7):—

Fee No.Short description of fee (for full description see fees order)Existing Fee £New Fee £
1Originating process10 to 80, depending on the amount of the claim10 to 500, depending on the amount of the claim
2ASetting down for trial50100
2B(i)Appeals to judge2050
3(ii)Review of taxation3050
4(iii)Garnishee order2550
4(v)Charging order2550
4(vi)Judgment summons2550
4A(i)Tribunal award2030
8(i)Admiralty warrant2080
9(i)(a)Debtor’s bankruptcy petition2550
9(i)(b)Creditor’s bankruptcy petition5580
9(ii)Issue of any other petition under the Companies Act 1985f1 or Insolvency Act 1986f25580
9(iii)(a)Hearing before district judge2030
9(iii)(b)Hearing before Circuit judge2050
(6)

to make the fee on a counterclaim the same as that on an independent claim (article 7);

(7)

to introduce the following new fees (articles 4, 7, 8 and 10):—

Fee No.Short description of fee (for full description see Order)Amount of fee £
1(iv)Second or subsequent summons10
1(v)Third party notice50
2C(i)Witness summons20
2C(ii)Application by debtor to vary judgment10
2C(iii)Application to set aside judgment10
2C(iv)Ex parte or consent application without hearing10
2C(v)Application to district judge20
2C(vi)Application to circuit judge30
4(i)(c)Second or subsequent warrant20
4(ix)Application to suspend warrant10

Annotations

Footnotes

f1

1985 c. 6.

f2

1986 c. 45; sections 414 and 415 have been amended by the Insolvency Fees Amendment Order 1992, S.I. 1992/34.