The Civil Proceedings Fees (Amendment) Order 2005

Explanatory Note

(This note is not part of the Order)

This Order substitutes a new schedule of fees payable in civil proceedings in the Civil Proceedings Fees Order 2004 (S.I. 2004/3121).

Changes in fees are as follows:

Fee no	Item	New fee (£)	Old fee (£)
1.5	Filing of proceedings in county court against party not named in originating proceedings	35	30
1.7(a)	Application for permission to issue originating proceedings in county court	35	30
1.7(b)	Application for order under Part III of the Solicitors Act 1974 in county court	35	30
2.4(a)	Filing appellant’s notice in county court (or respondent’s notice where respondent is appealing etc) – small claims track	100	80
2.4(b)	Filing appellant’s notice in county court (or respondent’s notice where respondent is appealing etc) – other than small claims track	120	100
2.5	Application on notice where no fee specified — county court	65	60
2.6	Application by consent or without notice for judgment or order where no other fee specified — county court	35	30
2.7	Application for summons or order for witness to attend court etc— county court	35	30
2.8	Application to vary judgment or suspend enforcement — county court	35	30
5.1	Filing of request for detailed assessment in legal aid cases— county court	105	100
5.3	Request for issue of default costs certificate — county court	45	40
5.4	Appeal against decision in detailed assessment proceedings — county court	105	100
5.5	Application for approval of certificate of costs payable from Community Legal Service Fund — county court	35	30
5.6	Request or application to set aside default costs certificate — county court	65	60
7.1(a)	Application for enforcement in county court — amount of warrant not exceeding £125	35	30
7.1(b)	Application for enforcement in county court — amount of warrant exceeding £125	55	50
7.2	Request for further attempt at execution of warrant — county court	25	20
7.3	Application for order requiring judgment debtor to attend court etc — county court	45	40
7.4(a)	Application for third party debt order — county court	55	50
7.4(b)	Application for charging order — county court	55	50
7.5	Application for judgment summons — county court	95	90
7.6	Issue of warrant of possession or delivery — county court	95	90
7.7	Application for attachment of earnings order — county court	65	60
7.9	Application for recovery of tribunal award — county court	35	30
13.1	Request for certificate of satisfaction — county court	15	10

This Order provides that for the purposes of calculating a fee (fee 1.1, 1.2 or 1.3) for commencing proceedings in the High Court or county court to recover a specified sum of money, the amount claimed is to include any interest claimed.

An amendment is also made to the exemption provisions in the 2004 Order, consequential on the amendment of the Tax Credits Act 2002 by the Civil Partnership Act 2004.