Schedule 1 FEES TO BE TAKEN

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch 1, Fee 1.4 am by Supreme Court Fees 2003 art 6
Sch 1, Fee 1.6 am by Supreme Court Fees 2003 art 7
Sch 1, Fee 2.1 am by Supreme Court Fees 2003 art 8
Sch 1, Fee 2.2 am by Supreme Court Fees 2003 art 9
Sch 1, Fee 2.3 am by Supreme Court Fees 2003 art 10
Sch 1, Fee 2.4 am by Supreme Court Fees 2003 art 11
Sch 1, Fee 10.5 am by Supreme Court Fees 2003 art 24
Sch 1, Fee 10.6 added by Supreme Court Fees 2003 art 25
Sch 1, Fees 6.5–6.10 added by Supreme Court Fees 2003 art 21
Sch 1, Fee 1.1 am by Supreme Court Fees 2003 arts 3, 4
Sch 1, Fee 1.2 am by Supreme Court Fees 2003 art 5
Sch.1 am. (fees amended by Supreme Court Fees 2000 arts.3,9,10
Sch.1 am. (fees amended by Supreme Court Fees 2000 arts.3,12
Sch 1 am. (fees amended by Supreme Court Fees 2000 arts.6-8
Sch.1 am. (fees amended by Supreme Court Fees 2000 art.11
Sch.1 am. (fees amended by Supreme Court Fees 2000 art.13
Sch.1 am. (column 1 fees.10.1 -10.5 am and in column 1 the note following fee 10.5 amended by Supreme Court Fees 2000 arts.6-8
Sch.1, Column 1 amended by Supreme Court Fees 1999 art.5
Sch.1 amended (notes amended) (saving) by Supreme Court Fees 2000 arts.3,5
Sch.1 amended (saving) by Supreme Court Fees 2000 arts.4,5
Sch.1, Column 1 am. (fee 1.5 amended by Supreme Court Fees 2000 art.3
Sch.1, Column 1 am. (fee 2.6 amended by Supreme Court Fees 2000 art.4
Sch 1, Fee 2.5 am by Supreme Court Fees 2003 art 12
Sch 1, Fee 2.7 am by Supreme Court Fees 2003 art 13
Sch 1, Fee 3.1 am by Supreme Court Fees 2003 art 14
Sch 1, Fee 3.4 am by Supreme Court Fees 2003 art 15
Sch 1, Fees 6.1–6.4 am by Supreme Court Fees 2003 arts 16–20
Sch 1, Fee 10.2 am by Supreme Court Fees 2003 art 22
Sch 1, Fee 10.4 am by Supreme Court Fees 2003 art 23
Sch 1, s 1, Fee 3.2 am by Supreme Court Fees 2002 art 3
Sch 1, s 1, Fee 3.3 am by Supreme Court Fees 2002 art 4
Sch 1, s 1, Fee 3.5 am by Supreme Court Fees 2002 art 5

Column 1	Column 2
Number and description of fee	Amount of fee
Section 1. Fees payable in the High Court only
Commencement of proceedings 1 1.1 On the commencement of originating proceedings (including originating proceedings issued after leave to issue is granted) to recover a sum of money, where the sum claimed: (a) does not exceed £50,000	£300
(b) exceeds £50,000 or is not limited	£400
1.2 On the commencement of originating proceedings for any other remedy or relief (including originating proceedings issued after leave to issue is granted)	£120
*Fees 1.1 and 1.2 Recovery of land or goods* Where a claim for money is additional or alternative to a claim for recovery of land or goods, only fee 1.2 shall be payable.
*Fees 1.1 and 1.2 Claims other than recovery of land or goods* Where a claim for money is additional to a non money claim (other than a claim for recovery of land or goods) then fee 1.1 shall be payable in addition to fee 1.2. Where a claim for money is alternative to a non money claim (other than a claim for recovery of land or goods), only fee 1.1 shall be payable.
*Fees 1.1 and 1.2 Generally* Where more than one non money claim is made in the same proceedings, fee 1.2 shall be payable once only, in addition to any fee which may be payable under fee 1.1.
Fees 1.1 and 1.2 shall not be payable where fee 1.5(b) or fee 6 apply.
*Fees 1.1 and 1.2 Amendment of claim or counterclaim* Where the claim or counterclaim is amended, and the fee paid before amendment is less than that which would have been payable if the document, as amended, had been so drawn in the first instance, the party amending the document shall pay the difference.
1.3 On the filing of proceedings against a party or parties not named in the originating proceedings	£30
Fee 1.3 shall be payable by a defendant who adds or substitutes a party or parties to the proceedings or by a claimant who adds or substitutes a defendant or defendants.
1.4 On the filing of a counterclaim	The same fee as if the relief or remedy sought were the subject of separate proceedings
1.5 (a) On an application for leave to issue originating proceedings	£30
(b) On an application for an order under Part III of the Solicitors Act 1974^f1 for the assessment of costs payable to a solicitor by his client	£30
General Fees 2 2.1 On the claimant filing an allocation questionnaire; or where the court dispenses with the need for an allocation questionnaire, within 14 days of the date of despatch of the notice of allocation to track; or where the CPR or a Practice Direction provide for automatic allocation or provide that the rules on allocation shall not apply, within 28 days of the filing of the defence (or the filing of the last defence if there is more than one defendant), or within 28 days of the expiry of the time permitted for filing all defences if sooner	£80
Fee 2.1 shall be payable by the claimant except where the action is proceeding on the counterclaim alone, when it shall be payable by the defendant– on the defendant filing an allocation questionnaire; or where the court dispenses with the need for an allocation questionnaire, within 14 days of the date of despatch of the notice of allocation to track; or where the CPR or a Practice Direction provide for automatic allocation or provide that the rules on allocation shall not apply, within 28 days of the filing of the defence to the counterclaim (or the filing of the last defence to the counterclaim if there is more than one party entitled to file a defence to a counterclaim), or within 28 days of the expiry of the time permitted for filing all defences to the counterclaim if sooner
2.2 On the claimant filing a listing questionnaire; or where the court fixes the trial date or trial week without the need for a listing questionnaire, within 14 days of the date of despatch of the notice (or the date when oral notice is given if no written notice is given) of the trial week or the trial date if no trial week is fixed	£400
Fee 2.2 shall be payable by the claimant except where the action is proceeding on the counterclaim alone, when it shall be payable by the defendant– on the defendant filing a listing questionnaire; or where the court fixes the trial date or trial week without the need for a listing questionnaire, within 14 days of the date of despatch of the notice (or the date when oral notice is given if no written notice is given) of the trial week or the trial date if no trial week is fixed
Where the court receives notice in writing– before the trial date has been fixed or, where a trial date has been fixed, at least 7 days before the trial date, from the party who paid fee 2.2 that the case is settled or discontinued, fee 2.2 shall be refunded.
*Fees 2.1 and 2.2 Generally* Fees 2.1 and 2.2 shall be payable once only in the same proceedings.
Fees 2.1 and 2.2 shall be payable as appropriate where the court allocates a case to a track for a trial of the assessment of damages.
Fee 2.1 shall not be payable where the procedure in Part 8 of the CPR is used.
2.3 Where no other fee is specified, on filing a notice of appeal (including an appeal against an allocation decision), or a case stated or a special case for the opinion of the High Court pursuant to statute, or a notice of cross appeal, or a respondent’s notice of appeal	£100
2.4 On an application on notice where no other fee is specified	£50
2.5 On an application by consent or without notice for a judgment or order where no other fee is specified	£25
For the purpose of fee 2.5 a request for a judgment or order on admission or in default shall not constitute an application and no fee shall be payable.
2.6 On an application for a summons or order for a witness to attend court to be examined on oath, other than an application for which fee 3.2 is payable	£30
2.7 On an application to vary a judgment or suspend enforcement (where more than one remedy is sought in the same application only one fee shall be payable)	£25
Enforcement 3 3.1 On sealing a writ of execution/possession/delivery	£20
Where the recovery of a sum of money is sought in addition to a writ of possession and delivery, no further fee is payable.
3.2 On an application to question a judgment debtor or other person on oath in connection with enforcement of a judgment	£40
3.3 On an application for a garnishee order nisi or a charging order nisi, or the appointment of a receiver by way of equitable execution	£50
Fee 3.3 shall be payable in respect of each party against whom the order is sought.
3.4 On an application for a judgment summons	£80
3.5 On a request or application to register a judgment or order, or for leave to enforce an arbitration award, or for a certified copy of a judgment or order for use abroad	£30
Miscellaneous proceedings or matters 4 *Bills of Sale* 4.1 On filing any document under the Bills of Sale Acts 1878 and 1882^f2	£10
*Searches* 4.2 For an official certificate of the result of a search for each name, in any register or index held by the court; or in the Court Funds Office, for an official certificate of the result of a search of unclaimed balances for a specified period of up to 50 years	£5
4.3 On a search in person of the bankruptcy and companies records, including inspection, for each 15 minutes or part of 15 minutes	£5
*Judge sitting as arbitrator* 4.4 On the appointment of– (a) a judge of the Commercial Court as an arbitrator or umpire under section 93 of the Arbitration Act 1996^f3; or	£1,800
(b) a judge of the Technology and Construction Court as an arbitrator or umpire under section 93 of the Arbitration Act 1996	£1,400
4.5 For every day or part of a day (after the first day) of the hearing before– (a) a judge of the Commercial Court; or	£1,800
(b) a judge of the Technology and Construction Court, so appointed as arbitrator or umpire	£1,400
Where fee 4.5 has been paid on the appointment of a judge of the Commercial Court or a judge of the Technology and Construction Court as an arbitrator or umpire but the arbitration does not proceed to a hearing or an award, the fee shall be refunded.
Fees payable in Admiralty Matters 5 In the Admiralty Registrar and Marshal’s Office– 5.1 On the issue of a warrant for the arrest of a ship or goods	£100
5.2 On the sale of a ship or goods– subject to a minimum fee of £200, (a) for every £100 or fraction of £100 of the price up to £100,000	£1
(b) for every £100 or fraction of £100 of the price exceeding £100,000	50p
Where there is sufficient proceeds of sale in court, fee 5.2 shall be taken by transfer from the proceeds of sale in court.
5.3 On entering a reference for hearing by the Registrar	£50
Companies Act 1985^f4 and Insolvency Act 1986^f5 6 6.1 On entering a bankruptcy petition: (a) if presented by a debtor or the personal representative of a deceased debtor	£120
(b) if presented by a creditor or other person	£150
6.2 On entering a petition for an administration order	£100
6.3 On entering any other petition	£150
One fee only is payable where more than one petition is presented in relation to a partnership.
6.4 (a) On a request for a certificate of discharge from bankruptcy	£50
(b) and after the first certificate for each copy	£1
*Requests and applications with no fee* No fee is payable on a request or on an application to the Court by the Official Receiver when applying only in the capacity of Official Receiver to the case (and not as trustee or liquidator), or on an application to set aside a statutory demand.
Section 2. Fees payable in both the High Court and in the Court of Appeal
Copy Documents 7 7.1 On a request for a copy of any document (including a faxed copy where requested) or for examining a plain copy and marking it as an office copy: (a) per page for the first five pages of each document	£1
(b) per page for subsequent pages	25p
Fee 7.1 is payable whether or not the copy is issued as an office copy.
7.2 Where copies of any document are made available on a computer disk or in other electronic form, for each such copy	£3
Affidavits 8 8.1 On taking an affidavit or an affirmation or attestation upon honour in lieu of an affidavit or a declaration except for the purpose of receipt of dividends from the Accountant General and for a declaration by a shorthand writer appointed in insolvency proceedings
for each person making any of the above	£5
8.2 For each exhibit referred to in an affidavit, affirmation, attestation or declaration for which fee 8.1 is payable	£2
Section 3. Fees payable in the Court of Appeal only
Fees payable in appeals to the Court of Appeal 9 9.1 On filing a notice of appeal	£200
9.2 On filing a respondent’s notice	£100
9.3 On filing any application notice	£100
Section 4. Fees payable on the determination of costs
Determination of costs 10 Transitional Provision
Where a bill of costs or a request for detailed assessment or a request for a detailed assessment hearing is filed pursuant to an order made by the court before the coming into operation of this Order, or an application is made to review a taxing officer’s decision made before the coming into operation of this Order, the fees payable shall be those which applied immediately before this Order came into force.
10.1 On the filing of a request for detailed assessment where the party filing the request is legally aided and no other party is ordered to pay the costs of the proceedings	£120
10.2 On the filing of a request for a detailed assessment hearing in any case where fee 10.1 does not apply; or on the filing of a request for a hearing date for the assessment of costs payable to a solicitor by his client pursuant to an order under Part III of the Solicitors Act 1974^f6	£160
10.3 On an application for the issue of a default costs certificate	£40
10.4 On an appeal against a decision made in detailed assessment proceedings or on an application to set aside a default costs certificate	£50
10.5 On applying for the court’s approval of a Legal Aid Assessment Certificate	£20
Fee 10.5 is payable at the time of applying for the court’s approval and is recoverable only against the Legal Aid Fund.

Annotations

Footnotes

f1: 1974 c. 47.
f2: 1878 c. 31; 1882 c. 43.
f3: 1996 c. 23.
f4: 1985 c. 6.
f5: 1986 c. 45.
f6: 1974 c. 47.