Explanatory note

This Order amends the Civil Proceedings Fees Order 2008 (S.I. 2008/1053) (“the Civil Proceedings Fees Order”), the Family Proceedings Fees Order 2008 (S.I. 2008/1054) (“the Family Proceedings Fees Order”) and the Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 2011 (“the Upper Tribunal Fees Order”) (S.I. 2011/2344)

The fee for starting proceedings for the recovery of land in the County Court (fee 1.4(b) of the Civil Proceedings Fees Order) is increased from £280 to £355. The fee for starting proceedings for the recovery of land in the County Court by using the Possession Claims Online website (fee 1.4(c) of the Civil Proceedings Fees Order) is increased from £250 to £325.

The fee for certain general applications made on notice to the other side, which applies where no other fee in the Fees Order applies (fee 2.4 of the Civil Proceedings Fees Order), is increased from £155 to £255. The increase does not apply in relation to applications in proceedings under section 3 of the Protection from Harassment Act 1997 (c. 40) or for a payment to be made out of funds deposited in court, for which the general application fee remains unaltered at £155.

The fee for certain general applications made either by consent or without notice to the other parties, which applies where no other fee in the Fees Order applies (fee 2.5 of the Civil Proceedings Fees Order), is increased to £100. The increase does not apply in relation to applications in proceedings under section 3 of the Protection from Harassment Act 1997 or for a payment out of funds deposited in court, for which the fee remains unaltered at £50.

The fee for applying for a decree of divorce or nullity under the Matrimonial Causes Act 1973 or to dissolve, or for nullity of, a civil partnership (fee 1.2 of the Family Proceedings Fees Order) is increased from £410 to £550.

The fee for general applications made on notice to the other side where no other fee in the Upper Tribunal Fees Order is specified is increased from £80 to £255 (fee 2.1 in the Order). The fee for general applications made either by consent or without notice to the other parties where no other fee in the Upper Tribunal Fees Order applies is increased from £45 to £100. Fees for copy documents are also increased from £5 to £10.

A full impact assessment accompanies this instrument (copies are also available on the Ministry of Justice’s website at https://consult.justice.gov.uk/digital-communications/further-fees-proposal-consultation/supporting_documents/governmentresponseimpactassessment.pdf)