Kerry Underwood

SOME CIVIL AND FAMILY FEES REDUCED FROM 3 AUGUST 2020

with 2 comments


The matters dealt with in this piece are examined in great detail in my three volume, 1,300 page book Personal Injury Small Claims, Portals and Fixed Costs – price £50 and available from Underwoods Solicitors here.

Kerry Underwood offers consultancy services in relation to this and other matters and details are here.

HMCTS  has published updated Form EX50 (Civil and Family court fees leaflet) and the Ministry of Justice published updated Form EX50A (a full list of court fees in fees orders) to reflect revisions to the Family Proceedings Fees Order (SI 2008/1054) and the Civil Proceedings Fees Order (SI 2008/1053) made under the Court Fees (Miscellaneous Amendments) Order 2020 (SI 2020/720) (SI).

The forms reflect the following reductions in application fees for certain civil and family proceedings from 3 August.

For family proceedings, fees for the following applications have been reduced:

  • Third party debt orders or the appointment of a receiver (£100 to £77).
  • Charging orders (£100 to £38).
  • Judgment summons (£100 to £73).
  • Attachment of earnings orders (£100 to £34).

Reduced fees are also payable for the service of certain documents by bailiff, and on filing a request for detailed assessment of costs where the person filing the request is legally aided, funded by the Legal Services Commission, or a person for whom civil legal services have been made available under the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

For civil proceedings, fees for the following applications have been reduced:

  • Witness summons (£50 to £21).
  • Variation of a judgment or suspension of enforcement (£50 to £14).
  • Certificate of satisfaction, or cancellation of a judgment debt (£15 to £14).

The Explanatory Memorandum to the SI explains that the Ministry of Justice carried out a review of civil and family fees for 2018/19 and mapped each fee to the cost of that particular service, using volume and cost data for that period.

The review identified that the fees for a number of court fees were set higher than the actual administrative cost of the service. The SI regularises the position by reducing the fees identified to the appropriate level.

The government has not launched a refund scheme in respect of the fees reduced by the SI, because it does not consider that there would be any negative impact on the groups who would typically pay these fees.

In response, the House of Lords Secondary Legislation Scrutiny Committee has recommended that further information about the decision not to launch a refund scheme should be sought, as well as ascertaining the number of people affected, and what the total cost would have been had a decision been made to refund those affected.

Written by kerryunderwood

August 13, 2020 at 12:55 pm

Posted in Uncategorized

2 Responses

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  1. It would be good to see the cost of issuing proceedings decrease – these have gone up exponentially in recent years and England & Wales is now one of the most, if not the most, expensive jurisdictions in the world to start proceedings.

    Anonymous

    August 13, 2020 at 10:46 pm

    • I agree. Indeed there is a strong argument that in the County Court there should be nothing more than a small fee – say £20 – to deter frivolous claims – and that the provision of the court system should be paid out of taxation, and by a huge increase in fees in the Commercial and associated courts.
      In particular, cases which involve no UK party – and so where the parties have not contributed to the UK court system through taxation, should pay a fee of 20% of the claim, without a cap.

      Kerry

      kerryunderwood

      August 14, 2020 at 7:06 am


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