Explanatory note

(This note is not part of the Order)

This Order amends the Supreme 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 1.4 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 9 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 10 amends fee 2.3 to provide that a single fee is now payable on leave or on appeal;
Article 12 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 23 substitutes a new fee 10.4, on an appeal against a decision made in detailed assessment proceedings only;
Article 25 introduces a new fee 10.6, on a request or application to set aside a default costs certificate (this used to be covered by fee 10.4);
Article 21 introduces new fees in insolvency proceedings to reflect new legislation;

Brief Description of New Fee	Old Fee No.	Old Fee £	New Fee £
1.1(a) Money claim up to £50,000	1.1(a)	350	400
1.1(b) Money claim over £50,000 not over £100,000	1.1(b)	500	600
1.1(c) Money claim over £100,000 not over £150,000	1.1(b)	500	700
1.1(d) Money claim over £150,000 or is not limited	1.1(b)	500	800
1.2 Non monetary claim	1.2	120	180
1.4 Counterclaim	1.4	As claim	As claim but no fee in probate
1.6(b) Judicial Review	1.6(b)	120	180
2.1 Allocation	2.1	80	120
2.2 Listing for trial (refund on notice 14 days before trial)	2.2	400	600
2.3 Leave to appeal/appeal	2.3(a)(b)	50–150	100
2.4 On notice application	2.4	50	60
2.5 Without notice application (fee not payable on consent application for adjournment at least 14 days before hearing)	2.5	25	30
2.7 Application to vary judgment/suspend enforcement (one fee on combined application)	2.7	25	30
3.1 Sealing writ of execution/delivery/possession	3.1	20	30
3.4 Application for judgment summons	3.4	80	90
6.1(a) Bankruptcy petition (debtor's)	6.1(a)	120	140
6.1(b) Bankruptcy petition (creditor/other)	6.1(b)	150	180
6.2 Petition for administration order	6.2	100	130
6.3 Any other petition	6.3	150	180
6.4(a) Request for certificate of discharge	6.4(a)	50	60
6.5 Application under Companies Act 1985 or Insolvency Act 1986 where no other fee specified (not in existing proceedings)	1.2	120	130
6.6 Conversion of voluntary arrangement to winding-up or bankruptcy under Article 37 of Council Regulation (EC) No. 1346/2000	No fee	No fee	130
6.7 Application, for purposes of Council Regulation (EC) No. 1346/2000, for order confirming creditors' voluntary winding up	No fee	No fee	30
6.8 On filing Notice of intention to appoint administrator under para. 14 of Sched. B1 to the Insolvency Act 1986 or in accordance with para. 27 of that Sched; or Notice of appointment of administrator in accordance with paras 18 or 29 of that Sched.	No fee	No fee	30
6.9 On submitting nominee’s report under section 2(2) of Insolvency Act 1986	No fee	No fee	30
6.10 Filing documents in accordance with paragraph 7(1) Schedule A1 to Insolvency Act 1986	No fee	No fee	30
10.2 Request for detailed assessment hearing	10.2	180	250
10.4 Appeal against detailed assessment	10.4	50	100
10.5 Court approval of certificate of costs	10.5	20	30
10.6 Application to set aside default costs certificate	10.4	50	60

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.

Annotations

Footnotes

f1: S.I. 1998/3132. The relevant amending instrument is S.I. 2001/1388.