Explanatory note
(This note is not part of the Order)
This Order amends the County Court Fees Order 1982 so as—
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);
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);
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);
to reduce the fee for copies of documents to 25p per page after the first five pages of each document (article 11);
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 £ |
|---|---|---|---|
| 1 | Originating process | 10 to 80, depending on the amount of the claim | 10 to 500, depending on the amount of the claim |
| 2A | Setting down for trial | 50 | 100 |
| 2B(i) | Appeals to judge | 20 | 50 |
| 3(ii) | Review of taxation | 30 | 50 |
| 4(iii) | Garnishee order | 25 | 50 |
| 4(v) | Charging order | 25 | 50 |
| 4(vi) | Judgment summons | 25 | 50 |
| 4A(i) | Tribunal award | 20 | 30 |
| 8(i) | Admiralty warrant | 20 | 80 |
| 9(i)(a) | Debtor’s bankruptcy petition | 25 | 50 |
| 9(i)(b) | Creditor’s bankruptcy petition | 55 | 80 |
| 9(ii) | Issue of any other petition under the Companies Act 1985f1 or Insolvency Act 1986f2 | 55 | 80 |
| 9(iii)(a) | Hearing before district judge | 20 | 30 |
| 9(iii)(b) | Hearing before Circuit judge | 20 | 50 |
to make the fee on a counterclaim the same as that on an independent claim (article 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 summons | 10 |
| 1(v) | Third party notice | 50 |
| 2C(i) | Witness summons | 20 |
| 2C(ii) | Application by debtor to vary judgment | 10 |
| 2C(iii) | Application to set aside judgment | 10 |
| 2C(iv) | Ex parte or consent application without hearing | 10 |
| 2C(v) | Application to district judge | 20 |
| 2C(vi) | Application to circuit judge | 30 |
| 4(i)(c) | Second or subsequent warrant | 20 |
| 4(ix) | Application to suspend warrant | 10 |
Annotations
Footnotes
- f1
- f2
-
1986 c. 45; sections 414 and 415 have been amended by the Insolvency Fees Amendment Order 1992, S.I. 1992/34.