OpenLegislation

The County Court Fees (Amendment) Order 2003

S.I. 2003/648 · Made 7 March 2003

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

COUNTY COURTS, ENGLAND AND WALES

Made 7th March 2003

Laid before Parliament 11th March 2003

Coming into force 1st April 2003

The Lord Chancellor, in exercise of the powers conferred upon him by section 128 of the County Courts Act 1984f1, sections 414 and 415 of the Insolvency Act 1986f2 and section 128 of the Finance Act 1990f3, with the concurrence of the Treasury under section 128(1) of the County Courts Act 1984, and with the sanction of the Treasury under sections 414(1) and 415(1) of the Insolvency Act 1986, makes the following Order:

Annotations to the whole text

Footnotes

f1

1984 c. 28.

f2

1986 c. 45.

f3

1990 c. 29.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Citation, commencement and interpretation
  3. 3Amendments to the County Court Fees Order 1999
  4. 4Amendments to the County Court Fees Order 1999
  5. 5Amendments to the County Court Fees Order 1999
  6. 6Amendments to the County Court Fees Order 1999
  7. 7Amendments to the County Court Fees Order 1999
  8. 8Amendments to the County Court Fees Order 1999
  9. 9Amendments to the County Court Fees Order 1999
  10. 10Amendments to the County Court Fees Order 1999
  11. 11Amendments to the County Court Fees Order 1999
  12. 12Amendments to the County Court Fees Order 1999
  13. 13Amendments to the County Court Fees Order 1999
  14. 14Amendments to the County Court Fees Order 1999
  15. 15Amendments to the County Court Fees Order 1999
  16. 16Amendments to the County Court Fees Order 1999
  17. 17Amendments to the County Court Fees Order 1999
  18. 18Amendments to the County Court Fees Order 1999
  19. 19Amendments to the County Court Fees Order 1999
  20. 20Amendments to the County Court Fees Order 1999
  21. 21Amendments to the County Court Fees Order 1999
  22. 22Amendments to the County Court Fees Order 1999
  23. 23Amendments to the County Court Fees Order 1999
  24. 24Amendments to the County Court Fees Order 1999
  25. 25Amendments to the County Court Fees Order 1999
  26. 26Amendments to the County Court Fees Order 1999
  27. 27Amendments to the County Court Fees Order 1999
  28. 28Amendments to the County Court Fees Order 1999
  29. 29Amendments to the County Court Fees Order 1999
  30. 30Amendments to the County Court Fees Order 1999
  31. 31Amendments to the County Court Fees Order 1999
  32. Signature
  33. Explanatory note

1Citation, commencement and interpretation

This Order may be cited as the County Court Fees (Amendment) Order 2003 and shall come into force on 1st April 2003.

2Citation, commencement and interpretation

In this Order a fee or column referred to by number means the fee or column so numbered in Schedule 1 to the County Court Fees Order 1999f1.

3Amendments to the County Court Fees Order 1999

In fee 1.1—

(a)

in column 1, after “CPC cases”, insert “brought by Centre users”; and

(b)

in column 2, for paragraphs (a) to (i), substitute—

“

(a) does not exceed £300£30
(b) exceeds £300 but not £500£50
(c) exceeds £500 but not £1,000£80
(d) exceeds £1,000 but not £5,000£120
(e) exceeds £5,000 but not £15,000£250
(f) exceeds £15,000 but not £50,000£400
(g) exceeds £50,000 but not £100,000£600
(h) exceeds £100,000 but not £150,000£700
(i) exceeds £150,000 or is not limited£800

”

4Amendments to the County Court Fees Order 1999

In fee 1.2—

(a)

in column 1, after “CPC cases”, insert “brought by Centre users”; and

(b)

in column 2, for paragraphs (a) to (i), substitute—

“

(a) does not exceed £300£23
(b) exceeds £300 but not £500£43
(c) exceeds £500 but not £1,000£73
(d) exceeds £1,000 but not £5,000£113
(e) exceeds £5,000 but not £15,000£243
(f) exceeds £15,000 but not £50,000£393
(g) exceeds £50,000 but not £100,000£593
(h) exceeds £100,000 but not £150,000£693
(i) exceeds £150,000 or is not limited£793

”

5Amendments to the County Court Fees Order 1999

In column 2 of fee 1.3, for “£120”, substitute “£130”.

6Amendments to the County Court Fees Order 1999

After fee 1.5, in column 1, insert—

“Fee 1.

5

No fee is payable on a counterclaim which a defendant is required to make under the CPR because he contends that he has any claim or is entitled to any remedy relating to a grant of probate of a will, or letters of administration of an estate, of a deceased person.”

7Amendments to the County Court Fees Order 1999

In fee 2.2—

(a)

in column 1, for “7 days”, substitute “14 days”; and

(b)

in column 2, for “£300”, substitute “£400”.

8Amendments to the County Court Fees Order 1999

For columns 1 and 2 of fees 2.3(a), (b), (c) and (d) and the notes thereto, substitute—

“

Column 1Column 2
Number and description of feeAmount of fee
2.3

On filing an appellant’s notice or a respondent’s notice where the respondent is appealing or wishes to ask the appeal court to uphold the order of the lower court for reasons different from or additional to those given by the lower court—

(a)

in a claim allocated to the small claims track

£80
(b)

in all other claims

£100

Fee 2.3

Fee 2.3 does not apply on appeals against a decision made in detailed assessment proceedings.

”

9Amendments to the County Court Fees Order 1999

In column 2 of fee 2.4, for “£50”, substitute “£60”.

10Amendments to the County Court Fees Order 1999

In fee 2.5—

(a)

in column 1, before “Fees 2.4 and 2.5”, insert—

  • “Fee 2.5 shall not be payable in relation to an application by consent for an adjournment of a hearing where the application is received by the court at least 14 days before the date set for that hearing”

(b)

in column 2, for “£25”, substitute “£30”.

11Amendments to the County Court Fees Order 1999

In column 2 of fee 2.7, for “£25”, substitute “£30”.

12Amendments to the County Court Fees Order 1999

In column 2 of fee 3.1, for “£80”, substitute “£100”.

13Amendments to the County Court Fees Order 1999

In column 2 of fee 3.2, for “£150”, substitute “£160”.

14Amendments to the County Court Fees Order 1999

For columns 1 and 2 of fee 3.4, substitute—

“

Column 1Column 2
Number and description of feeAmount of fee
3.4

On an appeal against a decision made in detailed assessment proceedings

£100

”

15Amendments to the County Court Fees Order 1999

In column 2 of fee 3.5, for “£20”, substitute “£30”.

16Amendments to the County Court Fees Order 1999

After fee 3.5, insert—

“

Column 1Column 2
Number and description of feeAmount of fee
3.6

On a request or an application to set aside a default costs certificate

£60

”

17Amendments to the County Court Fees Order 1999

In column 1 of fee 4.1, after “CCBC cases”, wherever it occurs, insert “brought by Centre users”.

18Amendments to the County Court Fees Order 1999

In column 2 of fee 4.1(a), for “£25”, substitute “£30”.

19Amendments to the County Court Fees Order 1999

In column 2 of fee 4.1(b), for “£45”, substitute “£50”.

20Amendments to the County Court Fees Order 1999

In column 2 of fee 4.1(c), for “£20”, substitute “£25”.

21Amendments to the County Court Fees Order 1999

In column 2 of fee 4.1(d), for “£40”, substitute “£45”.

22Amendments to the County Court Fees Order 1999

In column 1 of fee 4.2, after “CCBC cases”, insert “brought by Centre users”.

23Amendments to the County Court Fees Order 1999

In column 2 of fee 4.5, for “£80”, substitute “£90”.

24Amendments to the County Court Fees Order 1999

In column 2 of fee 4.6, for “£80”, substitute “£90”.

25Amendments to the County Court Fees Order 1999

In column 2 of fee 4.7, for “£50”, substitute “£60”.

26Amendments to the County Court Fees Order 1999

In column 2 of fee 8.1(a), for “£120”, substitute “£140”.

27Amendments to the County Court Fees Order 1999

In column 2 of fee 8.1(b), for “£150”, substitute “£180”.

28Amendments to the County Court Fees Order 1999

In column 2 of fee 8.2, for “£100”, substitute “£130”.

29Amendments to the County Court Fees Order 1999

In column 2 of fee 8.3, for “£150”, substitute “£180”.

30Amendments to the County Court Fees Order 1999

In column 2 of fee 8.4(a), for “£50”, substitute “£60”.

31Amendments to the County Court Fees Order 1999

After fee 8.4, insert—

“

Column 1Column 2
Number and description of feeAmount of fee
8.5

On an application under the Companies Act 1985 or the Insolvency Act 1986 other than one brought by petition and where no other fee is specified.

Fee 8.5

Fee 8.5 is not payable where the application is made in existing proceedings.

£130
8.6

On an application for the conversion of a voluntary arrangement into a winding up or bankruptcy under Article 37 of Council Regulation (EC) No. 1346/2000.

£130
8.7

On an application, for the purposes of Council Regulation (EC) No. 1346/2000, for an order confirming creditors' voluntary winding up (where the company has passed a resolution for voluntary winding up, and no declaration under section 89 of the Insolvency Act 1986 has been made).

£30
8.8

On filing—

  • a notice of intention to appoint an administrator under paragraph 14 of Schedule B1 to the Insolvency Act 1986 or in accordance with paragraph 27 of that Schedule; or

  • a notice of appointment of an administrator in accordance with paragraphs 18 or 29 of that Schedule.

Fee 8.8

Where a person pays fee 8.8 on filing a notice of intention to appoint an administrator, no fee shall be payable on that same person filing a notice of appointment of that administrator.

£30
8.9

On submitting a nominee’s report under section 2(2) of the Insolvency Act 1986 or

£30
8.10

On filing documents in accordance with paragraph 7(1) of Schedule A1 to the Insolvency Act 1986.

£30

”

Signature

Irvine of Lairg, C.

3rd March 2003

We concur,

Jim Fitzpatrick

Nick Ainger

Two of the Lords Commissioners of Her Majesty’s Treasury

7th March 2003

Explanatory note

(This note is not part of the Order)

This Order amends the County Court Fees Order 1999. The table below sets out where fees have been increased or new fees introduced.

In addition:

  • Article 6 adds a note to fee 1.5 to provide that a fee is no longer payable on filing a counterclaim in contentious probate proceedings which he is required to file by virtue of the Civil Procedure Rules 1998f1;

  • Article 7 amends the note to fee 2.2 to provide that where a case is settled or discontinued the party who paid fee 2.2 on filing a listing questionnaire will be entitled to a discount if he notifies the court of that fact at least 14 days before the trial date (instead of 7 days as at present);

  • Article 8 amends fee 2.3 to provide that a single fee is now payable on leave or on appeal, with a lower fee for claims allocated to the small claims track;

  • Article 10 adds a note to fee 2.5 to provide that no fee is payable on a consent application for adjournment where this is made at least 14 days before the hearing;

  • Article 14 substitutes a new fee 3.4, on an appeal against a decision made in detailed assessment proceedings only;

  • Article 16 introduces a new fee 3.6, on a request or application to set aside a default costs certificate (this used to be covered by fee 10.4);

  • Article 30 introduces new fees in insolvency proceedings to reflect new legislation;

  • The £7 discount for claims and £5 discount for warrants issued by Centre users through the Claims Production Centre is maintained.

Brief description of new feeOld Fee NoCurr Fee £New Fee £
1.1(a) Money claim up to £3001.1(a) but limits increased27–3830
1.1(b) Money claim over £300 not over £5001.1(b) but limits increased50–6050
1.1(c) Money claim over £500 not over £1,0001.1(c) but limits increased8080
1.1(d) Money claim over £1,000 not over £5,0001.1(d) but limits increased115120
1.1(e) Money claim over £5,000 not over £15,0001.1(e) but limits increased230250
1.1(f) Money claim over £15,000 not over £50,0001.1(f) but limits increased350400
1.1(g) Money claim over £50,000 not over £100,0001.1(g) but limits increased500600
1.1(h) Money claim over £100,000 not over £150,0001.1(h) but limits increased500700
1.1(i) Money claim over £150,000 or is not limited1.1(i) but limits increased500800
1.2 Claims Production Centre claims (fees as above less £7)1.2less £7less £7
1.3 Non money claim1.3120130
1.5 Counterclaim1.5As claimAs claim but no fee in probate
2.2 Listing for trial (multi-track)2.2300400
2.3(a) Leave to appeal/appeal (small claims track)2.3(a–d)50–15080
2.3(b) Leave to appeal/appeal (other)2.3(a–d)50–150100
2.4 Application on notice2.45060
2.5 Without notice application (fee not payable on consent application for adjournment at least 14 days before hearing)2.52530
2.7 Application to vary judgment/suspend enforcement (one fee on combined application)2.72530
3.1 Request for detailed assessment where party legally aided or funded by LSC and no other party ordered to pay costs3.180100
3.2 Request for detailed assessment hearing3.2150160
3.4 Appeal against detailed assessment3.450100
3.5 Court approval of certificate of costs3.52030
3.6 Application to set aside default costs certificate3.45060
4.1(a) Issue of execution up to £125 county4.1(a)2530
4.1(b) Issue of execution over £125 county4.1(b)4550
4.1(c) Issue of execution up to £125 County Court Bulk Centre4.1(c)2025
4.1(d) Issue of execution over £125 County Court Bulk Centre4.1(d)4045
4.5 Application for a judgment summons4.58090
4.6 Application for warrant of possession or delivery4.68090
4.7 Application for an attachment of earnings order4.75060
8.1(a) Bankruptcy petition (debtor's)8.1(a)120140
8.1(b) Bankruptcy petition (creditor/other)8.1(b)150180
8.2 Petition for administration order8.2100130
8.3 Any other petition8.3150180
8.4(a) Request for certificate of discharge8.4(a)5060
8.5 Application under Companies Act 1985 or Insolvency Act 1986 where no other fee specified (not in existing proceedings)1.3120130
8.6 Conversion of voluntary arrangement to winding up or bankruptcy under Article 37 of Council Regulation (EC) No. 1346/2000No feeNo fee130
8.7 Application, for purposes of Council Regulation (EC) No. 1346/2000, for order confirming creditors' voluntary winding upNo feeNo fee30
8.8

On filing

  • Notice of intention to appoint administrator under paragraph 14 of Schedule B1 to the Insolvency Act 1986 or in accordance with para 27 of that Schedule; or

  • Notice of appointment of administrator in accordance with paragraphs 18 or 29 of that Schedule

No feeNo fee30
8.9 On submitting nominee’s report under section 2(2) of Insolvency Act 1986No feeNo fee30
8.10 Filing documents in accordance with paragraph 7(1) Schedule A1 to Insolvency Act 1986No feeNo fee30

A Regulatory Impact Assessment of the costs and benefits of this Order (and other Orders relating to court fees) was placed in the Libraries of both Houses of Parliament, and is available on the Court Service’s website at www.courtservice.gov.uk/using_courts/fees.