Explanatory note

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 1998^f1;

• 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.

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.