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The Civil Proceedings Fees (Amendment) (No.2) Order 2007

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EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Civil Proceedings Fees Order 2004 (S.I. 2004/3121).

The fees for starting proceedings in the High Court and county courts have been amalgamated under one heading and reduced slightly, with new monetary bands being introduced in relation to starting proceedings in the county court (fee 1.1). Fees for starting proceedings in the county court in Claim Production Centre cases have also been reduced slightly, with new monetary bands added (fee 1.2) and a new set of fees introduced for starting proceedings by Money OnLine claim users (fee 1.3).

In relation to starting proceedings for the recovery of land in a county court, a reduced fee has been introduced for Possession Claim OnLine users (fee 1.4).

A new hearing fee has been introduced (fee 2.3) with provision made for the refund of the hearing fee, or a percentage of it, if the claim is settled or discontinued before the date fixed for the hearing and notice is given to the court within specified periods.

There is no longer provision for refund of the listing questionnaire fee.

A fee has been introduced (fee 3.13) for a personal search in the bankruptcy and companies records in a county court.

A request for the detailed assessment of costs in the Court of Protection will be dealt with by the Supreme Court Costs Office and the relevant fees now appear in this Order (Fee 6). There is no change to the amount of fees payable.

Schedule 1A is inserted and set out when a party is entitled to a remission or part remission of a fee. Previously remission was only available in the circumstances now set out in paragraph 2 of Schedule 1A.

The remaining changes are set out in the table below.

Brief description of feeAmount of new fee (High Court and county court)Amount of old fee (High Court)Amount of old fee (county court)
Starting proceedings
1.6 Filing against person not named in originating proceedings£40£50£35
1.8(a) Application for permission to issue proceedings£40£50£35
1.8(b) Application for an order under Part III Solicitors Act 1974£40£50£35
General fees
2.1 Filing an allocation questionnaire—£200£100
—small claims track£35
—fast or multi track£200
2.2 Filing a listing questionnaire£100£600

£500 (multi track)

£275 (otherwise)

2.3 Hearing fee

£1000 (multi track)

£500 (fast track)

£25 - £300 (small track)

no previous feeno previous fee
2.6 Application on notice where no other fee specified£75£100£65
2.7 Application by consent where no other fee specified£40£50£35
2.8 Application for a summons or order for a witness to attend court£35£50£35
2.9 Application to vary a judgment or suspend enforcement£35£50£35
Companies Act 1985 and Insolvency Act 1986
3.4(b) Certificate of discharge from bankruptcy (not first copy)£5£1£1
Copy documents
4.1(a) copy of a document – ten pages or less£5£1 (for the first page)£1 (for the first page)
4.1(b) each subsequent page50p20p20p
4.2 copy of a document in electronic form£20£3£3
Determination of costs
5.2 Detailed assessment where 5.1 does not apply£300 - £5000 depending on amount£300£600
Miscellaneous proceedings in High Court
10.1 Bills of Sale£25£10n/a
10.2 Search of Courts Funds Office£40£5n/a
Admiralty
11.1 Warrant of arrest for ship or goods£200£100n/a
Affidavits (High Court)
12.1 (Taking an affidavit)£10£5n/a

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