The Civil Proceedings Fees Order 2008

Article 2

SCHEDULE 1 E+W [F1 Fees to be taken

Textual Amendments

F1 Sch. 1 substituted (22.4.2014) by The Civil Proceedings Fees (Amendment) Order 2014 (S.I. 2014/874), arts. 1, 2(5), Sch.

[F2 Column 1 Number and description of fee	Amount of fee (or manner of calculation)
(a) The CPR is defined in the Civil Proceedings Fees Order 2008 S.I. 2008/1053 as meaning the Civil Procedure Rules 1998.
(b) 1974 c.47 as amended by section 177 and Part 1 of Schedule 16 of the Legal Services Act 2007 (c. 29).
(c) 1985 c. 6.
(d) 2006 c. 46.
(e) 1986 c. 45.
(f) Schedule B1 to the Insolvency Act 1986 was inserted by the Enterprise Act 2002 (c.40) section 248(2) and Schedule 12.
(g) Schedule A1 to the Insolvency Act 1986 was inserted by the Insolvency Act 2000 (c.39) section 1, Schedule 1, paragraphs 1 and 4.
(h) 2012 c. 10.
(i) S.I .1993/2073 as amended by S.I 2001/1386.
(j) 1878 c.31.
(k) 1882 c.43.
(l) 1996. c.23].]
1 Starting proceedings (High Court and County Court)
1.1 On starting proceedings (including proceedings issued after permission to issue is granted F3 ...) to recover a sum of money where the sum claimed:
(a) does not exceed £300;	£35
(b) exceeds £300 but does not exceed £500;	£50
(c) exceeds £500 but does not exceed £1,000;	£70
(d) exceeds £1,000 but does not exceed £1,500;	£80
(e) exceeds £1,500 but does not exceed £3,000;	£115
(f) exceeds £3,000 but does not exceed £5,000;	£205
(g) exceeds £5,000 but does not exceed £10,000;	£455
(h) exceeds £10,000 but does not exceed £200,000;	5% of the value of the claim
(i) exceeds £200,000 or is not limited.	£10,000
F4 . . .
F4 . . .	F4 . . .
F4 . . .	F4 . . .
F4 . . .	F4 . . .
F4 . . .	F4 . . .
F4 . . .	F4 . . .
F4 . . .	F4 . . .
F4 . . .	F4 . . .
F4 . . .	F4 . . .
Fee 1.1
Where the claimant does not identify the value of the claim when starting proceedings to recover a sum of money, the fee payable is the one applicable to a claim where the sum is not limited.
F5 . . .
Where the claimant is making a claim for interest on a specified sum of money, the amount on which the fee is calculated is the total amount of the claim and the interest.
1.4 On starting proceedings for the recovery of land:
(a) in the High Court;	£480
(b) in the County CourtF6 ...;	[F7 £355]
F8 . . .	F8 . . .
1.5 On starting proceedings for any other remedy (including proceedings issued after permission to issue is granted):
in the High Court;	[F9 £569]
in the County Court.	[F10 £332]
Fees 1.1, 1.4 and 1.5. 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 1.4 or 1.5 is payable.
Fees 1.1 and 1.5. 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 is payable in addition to fee 1.5.
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 is payable in the High Court, and, in the County Court, whichever is greater of fee 1.1 or fee 1.5 is payable.
Fees 1.1 and 1.5.
Where more than one non money claim is made in the same proceedings, fee 1.5 is payable once only, in addition to any fee which may be payable under fee 1.1.
Fees 1.1 and 1.5 are not payable where fee 1.8(b), fee 1.9(a), fee 3 or fee 10.1 applies.
Fees 1.1 and 1.5. 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 must pay the difference.
1.6 On the filing of proceedings against a party or parties not named in the proceedings.	[F11 £59]
Fee 1.6 is 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.
1.7 On the filing of a counterclaim.	The same fee as if the remedy sought were the subject of separate proceedings
No fee is payable on a counterclaim which a defendant is required to make under rule 57.8 of the CPR (requirement to serve a counterclaim if a defendant makes a claim or seeks a remedy in relation to a grant of probate of a will, or letters of administration of an estate, of a deceased person).
1.8(a) On an application for permission to issue proceedings.	[F12 £59]
(b) On an application for an order under Part 3 of the Solicitors Act 1974 for the assessment of costs payable to a solicitor by a client or on starting costs-only proceedings.	[F13 £59]
[F14 1.9(a) For permission to apply for judicial review.	£154
1.9(b) On applying for a request to reconsider at a hearing a decision on permission.	£385
Where the court has made an order giving permission to proceed with a claim for judicial review, there is payable by the claimant within 7 days of service on the claimant of that order:
1.9(c) if the proceedings have been started by an application for permission to apply for judicial review. Where fee 1.9(b) has been paid and permission has been granted at a hearing, the amount payable under fee 1.9(c) is £385.	£770
1.9(d) if the claim for judicial review was started otherwise than by an application for permission to apply for judicial review.	£154 ]
[F15 1.10 On an appeal under regulation 38(9) of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 (applications to the county court).]	[F16 £5]
2 General Fees (High Court and County Court)
[F17 2.1 On the court fixing a trial date or trial period for a case allocated to:
(a) [F18 the intermediate track or the multi-track];	[F19 £1175]
(b) the fast track;	£545
(c) the small claims track where the sum claimed:
(i) does not exceed £300;	[F20 £27]
(ii) exceeds £300 but does not exceed £500;	[F21 £59]
(iii) exceeds £500 but does not exceed £1,000;	[F22 £85]
(iv) exceeds £1,000 but does not exceed £1,500;	[F23 £123]
(v) exceeds £1,500 but does not exceed £3,000;	[F24 £181]
(vi) exceeds £3,000.	[F25 £346]
Where notice of trial date or trial period is given by the court 36 days or more before the trial date or the Monday of the first week of the notified trial period, fee 2.1 is payable at least 28 days prior to the trial date or the Monday of the first week of the notified trial period.
Where notice of trial date or trial period is given by the court less than 36 days before the trial date or the Monday of the first week of the notified trial period, fee 2.1 is payable within 7 days after the date on which such notice is given.
Where the court gives notice of both a trial date and a trial period, the fee is payable by reference to the Monday of the first week of the notified trial period.
Written notice is given on the date on which the notice is sent out from the court. Oral notice is given on the date on which the notice is communicated by the court. Where notice is both in written form and given orally, the notice is given on the date that the written notice is sent out from the court.
Where an application for fee remission is refused in whole or in part, fee 2.1 (or the amount of the fee which remains unremitted) is payable either: (a) within 7 days after the court giving notice of refusal of fee remission (or refusal in part); or (b) at least 28 days prior to the trial date or the Monday of the first week of the notified trial period, whichever is latest.
Fee 2.1 is payable by the claimant except where the action is proceeding on the counterclaim alone, when it is payable by the defendant.
Fee 2.1 is not payable in respect of a case where the court fixed the trial date on the issue of the claim.]
2.2 In the High Court on filing:	[F26 £259]
an appellant’s notice: or
a respondent’s notice where the respondent is appealing or wishes to ask the appeal court to uphold the order of the lower court for reasons different from or additional to those given by the lower court.
2.3 In the County Court on filing:
an appellant’s notice, or
a respondent’s notice where the respondent is appealing or wishes to ask the appeal court to uphold the order of the lower court for reasons different from or additional to those given by the lower court:
(a) in a claim allocated to the small claims track;	[F27 £129]
(b) in all other claims.	[F28 £151]
Fees 2.2 and 2.3 do not apply on appeals against a decision made in detailed assessment proceedings.
[F29 2.4(a) On an application on notice where no other fee is specified, except for applications referred to in fee 2.4(b).	[F30 £275]
2.4(b) On an application on notice where no other fee is specified made— (i) under section 3 of the Protection from Harassment Act 1997; or (ii) for a payment out of funds deposited in court.	[F31 £167]
2.5(a) On an application by consent or without notice where no other fee is specified, except for applications referred to in fee 2.5(b).	[F32 £108]
2.5(b) On an application made by consent or without notice where no other fee is specified made— (i) under section 3 of the Protection from Harassment Act 1997; or (ii) for a payment out of funds deposited in court.	[F33 £54]]
For the purpose of fee 2.5 a request for a judgment or order on admission or in default does not constitute an application and no fee is payable.
Fee 2.5 is not payable in relation to an application by consent for an adjournment of a hearing where the application is received by the court at least 14 days before the date set for that hearing.
[F34 Fees 2.4(a) and 2.5(b) are not payable in proceedings to which fees 3.11 and 3.12 apply.]
2.6 On an application for a summons or order for a witness to attend court to be examined on oath or an order for evidence to be taken by deposition, other than an application for which fee 7.2 or 8.3 is payable.	[F35 £21]
2.7 On an application to vary a judgment or suspend enforcement, including an application to suspend a warrant of possession.	[F36 £14]
Where more than one remedy is sought in the same application only one fee is payable.
2.8 Register of judgments, orders and fines kept under section 98 of the Courts Act 2003:
On a request for the issue of a certificate of satisfaction.	[F37 £14]
3 Companies Act 1985, Companies Act 2006 and Insolvency Act 1986 (High Court and County Court)
3.1 On entering a bankruptcy petition:
(a) if presented by a debtor or the personal representative of a deceased debtor;	£180
(b) if presented by a creditor or other person.	[F38 £302]
3.2 On entering a petition for an administration order.	[F39 £302]
3.3 On entering any other petition.	[F40 £302]
One fee only is payable where more than one petition is presented in relation to a partnership.
3.4(a) On a request for a certificate of discharge from bankruptcy;	[F41 £75]
(b) after the first certificate, for each copy.	[F42 £11]
3.5 On an application under the Companies Act 1985, the Companies Act 2006 or the Insolvency Act 1986 other than one brought by petition and where no other fee is specified.	[F43 £280]
Fee 3.5 is not payable where the application is made in existing proceedings.
F44 . . .	F44 . . .
3.7 On an application, for the purposes of [F45 Regulation (EU) 2015/848 of the European Parliament and of the Council], for an order confirming creditors’ voluntary winding up (where the company has passed a resolution for voluntary winding up, and no declaration under section 89 of the Insolvency Act 1986 has been made).	£50
3.8 On filing:	£50
a notice of intention to appoint an administrator under paragraph 14 of Schedule B1 to the Insolvency Act 1986 or in accordance with paragraph 27 of that Schedule; or
a notice of appointment of an administrator in accordance with paragraphs 18 or 29 of that Schedule.
Where a person pays fee 3.8 on filing a notice of intention to appoint an administrator, no fee is payable on that same person filing a notice of appointment of that administrator.
3.9 On submitting a nominee’s report under section 2(2) of the Insolvency Act 1986.	[F46 £35]
3.10 On filing documents in accordance with paragraph 7(1) of Schedule A1 to the Insolvency Act 1986.	[F47 £35]
3.11 On an application by consent or without notice within existing proceedings where no other fee is specified.	[F48 £26]
3.12 On an application with notice within existing proceedings where no other fee is specified.	[F49 £99]
3.13 On a search in person of the bankruptcy and companies records, in the County Court.	£45
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.
4 Copy Documents (Court of Appeal, High Court and County Court)
4.1 On a request for a copy of a document (other than where fee 4.2 applies):
(a) for ten pages or less;	[F50 £11]
(b) for each subsequent page.	50p
Note: The fee payable under fee 4.1 includes:
where the court allows a party to fax to the court for the use of that party a document that has not been requested by the court and is not intended to be placed on the court file;
where a party requests that the court fax a copy of a document from the court file; and
where the court provides a subsequent copy of a document which it has previously provided.
4.2 On a request for a copy of a document on a computer disk or in other electronic form, for each such copy.	[F51 £11]
5 Determination of costs (Senior Court and County Court)
Fee 5 does not apply to the determination in the Senior Courts of costs incurred in the Court of Protection.
[F52 5.1 On the filing of a request for detailed assessment where the party filing the request is legally aided, is funded by the Legal Aid Agency or is a person for whom civil legal services have been made available under arrangements made by the Lord Chancellor under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and no other party is ordered to pay the costs of the proceedings.	[F53 £237]
5.2 On the filing of a request for detailed assessment in any case where fee 5.1 does not apply, or on the filing of a request for a hearing date for the assessment of costs payable to a solicitor by a client pursuant to an order under Part 3 of the Solicitors Act 1974, where (in either case) the amount of costs claimed:
(a) does not exceed £15,000;	[F54 £398]
(b) exceeds £15,000 but does not exceed £50,000;	[F55 £801]
(c) exceeds £50,000 but does not exceed £100,000;	[F56 £1,192]
(d) exceeds £100,000 but does not exceed £150,000;	[F57 £1,595]
(e) exceeds £150,000 but does not exceed £200,000;	[F58 £1,992]
(f) exceeds £200,000 but does not exceed £300,000;	[F59 £2,988]
(g) exceeds £300,000 but does not exceed £500,000;	[F60 £4,980]
(h) exceeds £500,000.	[F61 £6,640]
Where there is a combined assessment of costs: party and party costs and legal aid costs; party and party costs and Legal Aid Agency costs; party and party costs and Lord Chancellor costs; or party and party costs and one or more of legal aid costs, Legal Aid Agency costs or Lord Chancellor determination of costs, fee 5.2 must be attributed proportionately to the party and party, legal aid, Legal Aid Agency or Lord Chancellor (as the case may be) portions of the bill on the basis of the amount allowed.
5.3 On a request for the issue of a default costs certificate.	[F62 £71]
5.4 On commencing an appeal against a decision made in detailed assessment proceedings.	[F63 £249]
5.5 On a request or application to set aside a default costs certificate.	[F64 £130]]
6 Determination in the Senior Courts of costs incurred in the Court of Protection
[F65 6.1 On the filing of a request for detailed assessment.	[F66 £87]
6.2 On an appeal against a decision made in detailed assessment proceedings.	[F67 £70]
6.3 On a request or application to set aside a default costs certificate.	£65
7 Enforcement in the High Court
[F68 7.1 On sealing a writ of control/possession/delivery.	[F69 £71]
Where the recovery of a sum of money is sought in addition to a writ of possession and delivery, no further fee is payable.
7.2 On an application for an order requiring a judgment debtor or other person to attend court to provide information in connection with enforcement of a judgment or order.	[F70 £59]
7.3(a) On an application for a third party debt order or the appointment of a receiver by way of equitable execution. Fee 7.3(a) is payable in respect of each third party against whom the order is sought.	[F71 £119]
(b) On an application for a charging order.	[F72 £119]
Fee 7.3(b) is payable in respect of each charging order applied for.
7.4 On an application for a judgment summons.	[F73 £119]
7.5 On a request or application to register a judgment or order, or for permission to enforce an arbitration award, or for a certificate or a certified copy of a judgment or order for use abroad.	[F74 £71]]
8 Enforcement in the County Court
[F75 8.1 On an application for or in relation to enforcement of a judgment or order of the County Court or through the County Court, by the issue of a warrant of control against goods except a warrant to enforce payment of a fine:	[F76 £83]
F77 . . .	F77 . . .
F77 . . .	F77 . . .
8.2 On a request for a further attempt at execution of a warrant at a new address following a notice of the reason for non-execution (except a further attempt following suspension F78 ...).	£33
8.3 On an application for an order requiring a judgment debtor or other person to attend court to provide information in connection with enforcement of a judgment or order.	[F79 £59]
8.4(a) On an application for a third party debt order or the appointment of a receiver by way of equitable execution. Fee 8.4(a) is payable in respect of each third party against whom the order is sought.	[F80 £119]
(b) On an application for a charging order.	[F81 £119]
Fee 8.4(b) is payable in respect of each charging order applied for.
8.5 On an application for a judgment summons.	[F82 £119]
8.6 On the issue of a warrant of possession or a warrant of delivery.	[F83 £130 ]
Where the recovery of a sum of money is sought in addition, no further fee is payable.
8.7 On an application for an attachment of earnings order (other than a consolidated attachment of earnings order) to secure payment of a judgment debt.	[F84 £119]]
8.8 On a consolidated attachment of earnings order or on an administration order.	For every £1 or part of a £1 of the money paid into court in respect of debts due to creditors - 10p
Fee 8.8 is calculated on any money paid into court under any order at the rate in force at the time when the order was made (or, where the order has been amended, at the time of the last amendment before the date of payment).
[F85 8.9 On an application for the enforcement of an award for a sum of money or other decision made by any court, tribunal, body or person other than the High Court or the County Court.	[F86 £47]
8.10 On a request for an order to recover a sum that is:
a specified debt within the meaning of the Enforcement of Road Traffic Debts Order 1993; or	[F87 £9]
pursuant to an enactment, treated as a specified debt for the purposes of that Order.
No fee is payable on:
an application for an extension of time to serve a statutory declaration or a witness statement in connection with any such order; or
a request to issue a warrant of control to enforce any such order.
8A Service in the County Court
8A.1 On a request for service by a bailiff of an order to attend court for questioning.	[F88 £119]]
9 Sale (County Court only)
9.1 For removing or taking steps to remove goods to a place of deposit.	The reasonable expenses incurred
Fee 9.1 is to include the reasonable expenses of feeding and caring for any animals.
9.2 For the appraisement of goods.	5p in the £1 or part of a £1 of the appraised value
9.3 For the sale of goods (including advertisements, catalogues, sale and commission and delivery of goods).	15p in the £1 or part of a £1 on the amount realised by the sale or such other sum as the district judge may consider to be justified in the circumstances
9.4 Where no sale takes place by reason of an execution being withdrawn, satisfied or stopped.	(a) 10p in the £1 or part of a £1 on the value of the goods seized, the value to be the appraised value where the goods have been appraised or such other sum as the district judge may consider to be justified in the circumstances; and in addition (b) any sum payable under fee 9.1 and 9.2.
FEES PAYABLE IN HIGH COURT ONLY
10 Miscellaneous proceedings or matters
Bills of Sale
[F89 10.1 On filing any document under the Bills of Sale Act 1878 and the Bills of Sale Act (1878) Amendment Act 1882 or on an application under section 15 of the Bills of Sale Act 1878 for an order that a memorandum of satisfaction be written on a registered copy of the bill.	[F90 £30]
Searches
10.2 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.	[F91 £54]
10.3 On a search in person of the court’s records, including inspection, for each 15 minutes or part of 15 minutes.	[F92 £12]]
Judge sitting as arbitrator
[F93 10.4 On the appointment of an eligible High Court judge as an arbitrator or umpire under section 93 of the Arbitration Act 1996	£610
10.5 For every day or part of a day (after the first day) of the hearing before an eligible High Court judge, so appointed as arbitrator or umpire.	£610
Where fee 10.4 has been paid on the appointment of an eligible High Court judge as an arbitrator or umpire but the arbitration does not proceed to a hearing or an award, the fee will be refunded.]
11 Fees payable in Admiralty matters
In the Admiralty Registrar and Marshal’s Office:
11.1 On the issue of a warrant for the arrest of a ship or goods.	[F94 £18]
11.2 On the sale of a ship or goods
Subject to a minimum fee of £205:
(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 11.2 will be payable by transfer from the proceeds of sale in court.
11.3 On entering a reference for hearing by the Registrar.	£70
FEES PAYABLE IN HIGH COURT AND COURT OF APPEAL ONLY
12 Affidavits
12.1 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.	[F95 £13]
12.2 For each exhibit referred to in an affidavit, affirmation, attestation or declaration for which fee 12.1 is payable.	£2
FEES PAYABLE IN COURT OF APPEAL ONLY
13 Fees payable in appeals to the Court of Appeal
13.1(a) Where in an appeal notice, permission to appeal or an extension of time for appealing is applied for (or both are applied for):	[F96 £569]
on filing an appellant’s notice; or
where the respondent is appealing, on filing a respondent’s notice.
13.1(b) Where permission to appeal is not required or has been granted by the lower court:	[F97 £1,292]
on filing an appellant’s notice, or
on filing a respondent’s notice where the respondent is appealing.
13.1(c) On the appellant filing an appeal questionnaire (unless the appellant has paid fee 13.1(b), or the respondent filing an appeal questionnaire (unless the respondent has paid fee 13.1(b)).	[F98 £1,292]
13.2 On filing a respondent’s notice where the respondent wishes to ask the appeal court to uphold the order of the lower court for reasons different from or additional to those given by the lower court.	[F99 £569]
13.3 On filing an application notice.	[F100 £569]
Fee 13.3 is not payable for an application made in an appeal notice.]

Textual Amendments

F2 Words in Sch. 1 substituted (9.3.2015) by The Civil Proceedings and Family Proceedings Fees (Amendment) Order 2015 (S.I. 2015/576), arts. 1, 2(3)

F3 Words in Sch. 1 omitted (18.5.2021) by virtue of The Civil Proceedings Fees (Amendment) Order 2021 (S.I. 2021/588), arts. 1(1), 2(4)(a)

F4 Words in Sch. 1 omitted (18.5.2021) by virtue of The Civil Proceedings Fees (Amendment) Order 2021 (S.I. 2021/588), arts. 1(1), 2(4)(b)

F5 Words in Sch. 1 omitted (18.5.2021) by virtue of The Civil Proceedings Fees (Amendment) Order 2021 (S.I. 2021/588), arts. 1(1), 2(4)(c)

F6 Words in Sch. 1 omitted (18.5.2021) by virtue of The Civil Proceedings Fees (Amendment) Order 2021 (S.I. 2021/588), arts. 1(1), 2(4)(d)

F7 Sum in Sch. 1 substituted (21.3.2016) by The Civil Proceedings, Family Proceedings and Upper Tribunal Fees (Amendment) Order 2016 (S.I. 2016/402), arts. 1, 2(a)

F8 Words in Sch. 1 omitted (18.5.2021) by virtue of The Civil Proceedings Fees (Amendment) Order 2021 (S.I. 2021/588), arts. 1(1), 2(4)(e)

F9 Sum in Sch. 1 Table substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(2)

F10 Sum in Sch. 1 Table substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(3)

F11 Sum in Sch. 1 substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(4)

F12 Sum in Sch. 1 Table substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(5)

F13 Sum in Sch. 1 Table substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(6)

F14 Words in Sch. 1 substituted (25.7.2016) by The Civil Proceedings, First-tier Tribunal, Upper Tribunal and Employment Tribunals Fees (Amendment) Order 2016 (S.I. 2016/807), arts. 1, 3(6)

F15 Words in Sch. 1 inserted (4.5.2021) by The Civil Proceedings and Gender Recognition Application Fees (Amendment) Order 2021 (S.I. 2021/462), arts. 1(1), 2(a)

F16 Sum in Sch. 1 inserted (4.5.2021) by The Civil Proceedings and Gender Recognition Application Fees (Amendment) Order 2021 (S.I. 2021/462), arts. 1(1), 2(b)

F17 Words in Sch. 1 substituted (6.3.2017) by The Civil Proceedings Fees (Amendment) Order 2016 (S.I. 2016/1191), arts. 1, 2(3) (with art. 3)

F18 Words in Sch. 1 substituted (6.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 3(2) (with art. 6)

F19 Sum in Sch. 1 substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(7)

F20 Sum in Sch. 1 substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(8)

F21 Sum in Sch. 1 substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(9)

F22 Sum in Sch. 1 substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(10)

F23 Sum in Sch. 1 substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(11)

F24 Sum in Sch. 1 substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(12)

F25 Sum in Sch. 1 substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(13)

F26 Sum in Sch. 1 Table substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(14)

F27 Sum in Sch. 1 Table substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(15)

F28 Sum in Sch. 1 Table substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(16)

F29 Words in Sch. 1 substituted (21.3.2016) by The Civil Proceedings, Family Proceedings and Upper Tribunal Fees (Amendment) Order 2016 (S.I. 2016/402), arts. 1, 2(c)

F30 Sum in Sch. 1 Table substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(17)

F31 Sum in Sch. 1 Table substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(18)

F32 Sum in Sch. 1 Table substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(19)

F33 Sum in Sch. 1 Table substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(20)

F34 Words in Sch. 1 substituted (21.3.2016) by The Civil Proceedings, Family Proceedings and Upper Tribunal Fees (Amendment) Order 2016 (S.I. 2016/402), arts. 1, 2(d)

F35 Sum in Sch. 1 substituted (3.8.2020) by The Court Fees (Miscellaneous Amendments) Order 2020 (S.I. 2020/720), arts. 1, 3(2)

F36 Sum in Sch. 1 Table substituted (3.8.2020) by The Court Fees (Miscellaneous Amendments) Order 2020 (S.I. 2020/720), arts. 1, 3(3)

F37 Sum in Sch. 1 Table substituted (3.8.2020) by The Court Fees (Miscellaneous Amendments) Order 2020 (S.I. 2020/720), arts. 1, 3(4)

F38 Sum in Sch. 1 Table substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(21)

F39 Sum in Sch. 1 Table substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(22)

F40 Sum in Sch. 1 Table substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(23)

F41 Sum in Sch. 1 substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(24)

F42 Sum in Sch. 1 substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(25)

F43 Sum in Sch. 1 substituted (4.8.2014) by The Civil Proceedings Fees (Amendment No. 2) Order 2014 (S.I. 2014/1834), arts. 1, 3(a)

F44 Sch. 1 Table entry omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 110 (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)

F45 Words in Sch. 1 substituted (26.6.2017) by The Insolvency Amendment (EU 2015/848) Regulations 2017 (S.I. 2017/702), reg. 1, Sch. para. 54(2)(b) (with reg. 3)

F46 Sum in Sch. 1 substituted (3.8.2020) by The Court Fees (Miscellaneous Amendments) Order 2020 (S.I. 2020/720), arts. 1, 3(5)

F47 Sum in Sch. 1 substituted (3.8.2020) by The Court Fees (Miscellaneous Amendments) Order 2020 (S.I. 2020/720), arts. 1, 3(6)

F48 Sum in Sch. 1 Table substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(26)

F49 Sum in Sch. 1 Table substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(27)

F50 Sum in Sch. 1 substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(28)

F51 Sum in Sch. 1 substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(29)

F52 Words in Sch. 1 substituted (25.7.2016) by The Civil Proceedings, First-tier Tribunal, Upper Tribunal and Employment Tribunals Fees (Amendment) Order 2016 (S.I. 2016/807), arts. 1, 3(7)

F53 Sum in Sch. 1 substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(30)

F54 Sum in Sch. 1 substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(31)

F55 Sum in Sch. 1 substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(32)

F56 Sum in Sch. 1 substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(33)

F57 Sum in Sch. 1 substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(34)

F58 Sum in Sch. 1 substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(35)

F59 Sum in Sch. 1 substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(36)

F60 Sum in Sch. 1 substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(37)

F61 Sum in Sch. 1 substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(38)

F62 Sum in Sch. 1 substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(39)

F63 Sum in Sch. 1 Table substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(40)

F64 Sum in Sch. 1 Table substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(41)

F65 Words in Sch. 1 substituted (22.7.2019) by The Court Fees (Miscellaneous Amendments) Order 2019 (S.I. 2019/1063), arts. 1, 4(3)(a)

F66 Sum in Sch. 1 Table substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(42)

F67 Sum in Sch. 1 Table substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(43)

F68 Words in Sch. 1 substituted (25.7.2016) by The Civil Proceedings, First-tier Tribunal, Upper Tribunal and Employment Tribunals Fees (Amendment) Order 2016 (S.I. 2016/807), arts. 1, 3(8)

F69 Sum in Sch. 1 Table substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(44)

F70 Sum in Sch. 1 Table substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(45)

F71 Sum in Sch. 1 Table substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(46)

F72 Sum in Sch. 1 Table substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(47)

F73 Sum in Sch. 1 Table substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(48)

F74 Sum in Sch. 1 Table substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(49)

F75 Words in Sch. 1 substituted (25.7.2016) by The Civil Proceedings, First-tier Tribunal, Upper Tribunal and Employment Tribunals Fees (Amendment) Order 2016 (S.I. 2016/807), arts. 1, 3(9)

F76 Sch. 1 Table sum inserted (18.5.2021) by The Civil Proceedings Fees (Amendment) Order 2021 (S.I. 2021/588), arts. 1(1), 2(4)(f)(i)

F77 Words in Sch. 1 omitted (18.5.2021) by virtue of The Civil Proceedings Fees (Amendment) Order 2021 (S.I. 2021/588), arts. 1(1), 2(4)(f)(ii)

F78 Words in Sch. 1 omitted (18.5.2021) by virtue of The Civil Proceedings Fees (Amendment) Order 2021 (S.I. 2021/588), arts. 1(1), 2(4)(g)

F79 Sum in Sch. 1 Table substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(50)

F80 Sum in Sch. 1 Table substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(51)

F81 Sum in Sch. 1 Table substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(52)

F82 Sum in Sch. 1 Table substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(53)

F83 Sum in Sch. 1 Table substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(54)

F84 Sum in Sch. 1 Table substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(55)

F85 Words in Sch. 1 substituted (25.7.2016) by The Civil Proceedings, First-tier Tribunal, Upper Tribunal and Employment Tribunals Fees (Amendment) Order 2016 (S.I. 2016/807), arts. 1, 3(10)

F86 Sum in Sch. 1 Table substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(56)

F87 Sum in Sch. 1 Table substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(57)

F88 Sum in Sch. 1 Table substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(58)

F89 Words in Sch. 1 substituted (25.7.2016) by The Civil Proceedings, First-tier Tribunal, Upper Tribunal and Employment Tribunals Fees (Amendment) Order 2016 (S.I. 2016/807), arts. 1, 3(11)

F90 Sum in Sch. 1 Table substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(59)

F91 Sum in Sch. 1 substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(60)

F92 Sum in Sch. 1 substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(61)

F93 Words in Sch. 1 substituted (22.7.2019) by The Court Fees (Miscellaneous Amendments) Order 2019 (S.I. 2019/1063), arts. 1, 4(3)(b)

F94 Sum in Sch. 1 Table substituted (3.8.2020) by The Court Fees (Miscellaneous Amendments) Order 2020 (S.I. 2020/720), arts. 1, 3(7)

F95 Sum in Sch. 1 Table substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(62)

F96 Sum in Sch. 1 Table substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(63)

F97 Sum in Sch. 1 Table substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(64)

F98 Sum in Sch. 1 Table substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(65)

F99 Sum in Sch. 1 substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(66)

F100 Sum in Sch. 1 Table substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(67)

[F101 SCHEDULE 2 E+W Remissions and part remissions

Textual Amendments

F101 Sch. 2 substituted (7.10.2013) by The Courts and Tribunals Fee Remissions Order 2013 (S.I. 2013/2302), arts. 1, 6(4), Sch. (with art. 13)

Interpretation E+W

1.— (1) In this Schedule—

“child” means a person—

(a)

whose main residence is with a party and who is aged—

(i)

under 16 years; or

(ii)

16 to 19 years; and is—

(aa)

not married or in a civil partnership; and

(bb)

enrolled or accepted in full-time education that is not advanced education, or approved training; or

(b)

in respect of whom a party or their partner pays child support maintenance or periodic payments in accordance with a maintenance agreement,

and “full-time education”, “advanced education” and “approved training” have the meaning given by the Child Benefit (General) Regulations 2006;

“child support maintenance” has the meaning given in section 3(6) of the Child Support Act 1991;

“couple” has the meaning given in section 3(5A) of the Tax Credits Act 2002;

“disposable capital” has the meaning given in paragraph 5;

[F102 “excluded benefits” means any of the following—

(a)

any of the following benefits payable under the Social Security Contributions and Benefits Act 1992 or the corresponding provisions of the Social Security Contributions and Benefits (Northern Ireland) Act 1992—

(i)

attendance allowance under section 64;

(ii)

severe disablement allowance;

(iii)

carer’s allowance;

(iv)

disability living allowance;

(v)

constant attendance allowance under section 104 as an increase to a disablement pension;

(vi)

any payment made out of the social fund;

(vii)

housing benefit;

(viii)

F103 ...

(b)

any of the following benefit payable under the Tax Credits Act 2002—

(i)

any disabled child element or severely disabled child element of the child tax credit;

(ii)

any childcare element [F104 , disabled element or severely disabled element] of the working tax credit;

(c)

any direct payment made under the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009, F105 ... the Carers and Direct Payments Act (Northern Ireland) 2002,F106 ... section 12B(1) of the Social Work (Scotland) Act 1968 F107 [F108 ...the Social Care (Self-directed Support) (Scotland) Act 2013] [F109 or under regulations made under sections 50 to 53 of the Social Services and Well-being (Wales) Act 2014];

(d)

F110 ...

(e)

any exceptionally severe disablement allowance paid under the Personal Injuries (Civilians) Scheme 1983;

(f)

any payments from the Industrial Injuries Disablement Benefit;

(g)

any pension paid under the Naval, Military and Air Forces etc. (Disablement and Death) Service Pension Order 2006;

(h)

any payment made from the Independent Living Funds;

(i)

[F111 any payment of bereavement support payment under section 30 of the Pensions Act 2014;]

(j)

any financial support paid under an agreement for the care of a foster child;

(k)

any housing credit element of pension credit;

(l)

any armed forces independence payment;

(m)

any personal independence payment payable under the Welfare Reform Act 2012;

(n)

any payment on account of benefit as defined in the Social Security (Payments on Account of Benefit) Regulations 2013;

(o)

any of the following amounts, as defined by the Universal Credit Regulations 2013, that make up an award of universal credit—

(i)

an additional amount to the child element in respect of a disabled child;

(ii)

a housing costs element;

(iii)

a childcare costs element;

(iv)

a carer element;

(v)

a limited capability for work or limited capacity for work and work -related activity element.]

“family help (higher)” has the meaning given in paragraph 15(3) of the Civil Legal Aid (Merits Criteria) Regulations 2013;

“family help (lower)” has the meaning given in paragraph 15(2) of the Civil Legal Aid (Merits Criteria) Regulations 2013;

“gross monthly income” has the meaning given in paragraph 13;

“Independent Living Funds” means the funds listed at regulation 20(2)(b) of the Criminal Legal Aid (Financial Resources) Regulations 2013;

“legal representation” has the meaning given in paragraph 18(2) of the Civil Legal Aid (Merits Criteria) Regulations 2013;

“maintenance agreement” has the meaning given in subsection 9(1) of the Child Support Act 1991;

“partner” means a person with whom the party lives as a couple and includes a person with whom the party is not currently living but from whom the party is not living separate and apart;

“party” means the individual who would, but for this Schedule, be liable to pay a fee under this Order;

“restraint order” means—

(a)

an order under section 42(1A) of the Senior Courts Act 1981;

(b)

an order under section 33 of the Employment Tribunals Act 1996;

(c)

a civil restraint order made under rule 3.11 of the Civil Procedure Rules 1998, or a practice direction made under that rule; or

(d)

a civil restraint order under rule 4.8 of the Family Procedure Rules 2010, or the practice direction referred to in that rule.

(2) References to remission of a fee are to be read as including references to a part remission of a fee as appropriate and remit and remitted shall be construed accordingly.

Textual Amendments

F102 Words in Sch. 2 substituted (6.4.2014) by The Courts and Tribunals Fees (Miscellaneous Amendments) Order 2014 (S.I. 2014/590), arts. 1, 4(3)

F103 Words in Sch. 2 para. 1(1) omitted (27.11.2023) by virtue of The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 3(3)(a)(i) (with art. 6)

F104 Words in Sch. 2 para. 1(1) inserted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 3(3)(a)(ii) (with art. 6)

F105 Words in Sch. 2 para. 1(1) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 192(a)

F106 Word in Sch. 2 omitted (4.8.2014) by virtue of The Civil Proceedings Fees (Amendment No. 2) Order 2014 (S.I. 2014/1834), arts. 1, 4(a)

F107 Word in Sch. 2 para. 1(1) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 192(b)

F108 Words in Sch. 2 inserted (4.8.2014) by The Civil Proceedings Fees (Amendment No. 2) Order 2014 (S.I. 2014/1834), arts. 1, 4(b)

F109 Words in Sch. 2 para. 1(1) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 192(c)

F110 Words in Sch. 2 para. 1(1) omitted (27.11.2023) by virtue of The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 3(3)(a)(iii) (with art. 6)

F111 Words in Sch. 2 para. 1(1) substituted (coming into force in accordance with arts. 1-3 of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 33(a)

Fee remission E+W

2.   If a party satisfies the disposable capital test, the amount of any fee remission is calculated by applying the gross monthly income test.

Disposable capital test E+W

[F112 Disposable capital test E+W

3.   Subject to paragraph 4, a party satisfies the disposable capital test if the fee payable by the party and for which an application for remission is made is—

(a) up to and including £1,420 and the party’s disposable capital is less than £4,250;

(b) £1,421 to £5,000 and the party’s disposal capital is less than three times the amount of the fee payable;

(b) £5,001 or more and the party’s disposable capital is less than £16,000.]

Textual Amendments

F112 Sch. 2 para. 3 substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 3(3)(b) (with art. 6)

[F113 Disposable capital test - deeming provisions for those aged 66 or over] E+W

4.   Subject to paragraph 14, if a party or their partner is aged [F114 66] or over, that party satisfies the disposable capital test if that party’s disposable capital is less than £16,000.

Textual Amendments

F113 Sch. 2 para. 4 heading inserted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 3(3)(c)(i) (with art. 6)

F114 Word in Sch. 2 para. 4 substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 3(3)(c)(ii) (with art. 6)

Disposable capital E+W

5.— [F115 (1)] Subject to paragraph 14, disposable capital is the value of [F116 any savings and investments] belonging to the party on the date on which the application for remission is made, unless it is treated as income by this Order, or it is disregarded as excluded disposable capital.

[F117 (2) In sub-paragraph (1), reference to “savings and investments” includes, but is not limited to—

(a) bonds;

(b) stocks and shares; and

(c) the value of any land or property.]

Textual Amendments

F115 Sch. 2 para. 5 renumbered as Sch. 2 para. 5(1) (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 3(3)(d)(i) (with art. 6)

F116 Words in Sch. 2 para. 5(1) substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 3(3)(d)(ii) (with art. 6)

F117 Sch. 2 para. 5(2) inserted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 3(3)(d)(iii) (with art. 6)

Disposable capital - non-money resources E+W

6.   The value of [F118 any savings and investments that do] not consist of money is calculated as the amount which that resource would realise if sold, less—

(a) 10% of the sale value; and

(b) the amount of any borrowing secured against that resource that would be repayable on sale.

Textual Amendments

F118 Words in Sch. 2 para. 6 substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 3(3)(e) (with art. 6)

[F119 Disposable Capital - resources held outside the United Kingdom E+W

7.— (1) Capital resources in a country outside the United Kingdom count towards disposable capital.

(2) If there is no prohibition in that country against the transfer of a resource into the United Kingdom, the value of that resource is the amount that resource would realise if sold to a buyer in the United Kingdom.

(3) If there is a prohibition in that country against the transfer of a resource into the United Kingdom, the value of that resource is the amount which that resource would realise if sold in that country, in accordance with paragraph 6.]

Textual Amendments

F119 Sch. 2 para. 7 substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 3(3)(f) (with art. 6)

Disposable capital - foreign currency resources E+W

8.   Where disposable capital is held in currency other than sterling, the cost of any banking charge or commission that would be payable if that amount were converted into sterling, is deducted from its value.

Disposable capital - jointly owned resources E+W

9.   Where any [F120 any savings and investments are] owned jointly or in common, there is a presumption that the resource is owned in equal shares, unless evidence to the contrary is produced.

Textual Amendments

F120 Words in Sch. 2 para. 9 substituted (27.11.2023) by virtue of The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 3(3)(g) (with art. 6)

Excluded disposable capital E+W

10.   The following things are excluded disposable capital—

(a) a property which is the main or only dwelling occupied by the party;

F121 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F122 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) any vehicle, the sale of which would leave the party, or their partner, without motor transport;

F123 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) the capital value of the party’s or their partner’s business, where the party or their partner is self-employed;

(g) the capital value of any funds or other assets held in trust, where the party or their partner is a beneficiary without entitlement to advances of any trust capital;

(h) a jobseeker’s back to work bonus;

(i) a payment made as a result of a determination of unfair dismissal by a court or tribunal, or by way of settlement of a claim for unfair dismissal;

(j) any compensation paid as a result of a determination of medical negligence or in respect of any personal injury by a court, or by way of settlement of a claim for medical negligence or personal injury;

(k) the capital held in any personal or occupational pension scheme;

(l) any cash value payable on surrender of a contract of insurance;

(m) any capital payment made out of the Independent Living Funds;

[F124 (n) any bereavement support payment in respect of the rate set out in regulation 3(2) or (5) of the Bereavement Support Payment Regulations 2017 (rate of bereavement support payment);]

(o) any capital insurance or endowment lump sum payments that have been paid as a result of illness, disability or death;

(p) any student loan or student grant;

(q) any payments under the criminal injuries compensation scheme.

[F125 (r) any payments under the Armed Forces Compensation Scheme;

(s) any compensation paid as a result of the Grenfell Tower fire;

(t) any payments under the Lambeth Children’s Homes Redress Scheme;

(u) any payments from the London Emergencies Trust;

(v) any payments under the Medomsley Detention Centre Physical Abuse Settlement Scheme;

(w) any payments under the Miscarriage of Justice Compensation Scheme;

(x) any payments from the National Emergencies Trust;

(y) any payments under the Infected Blood Support Scheme;

(z) any payments in relation to internment, forced labour, injury or loss of a child during the Second World War;

(za) any payments under the Jesus Fellowship Redress Scheme;

(zb) any payment under the Vaccine Damage Payment Scheme;

(zc) any compensation paid as a result of variant Creutzfeldt-Jakob Disease;

(zd) any compensation paid under the Victims of Overseas Terrorism Compensation Scheme;

(ze) any payments under the We Love Manchester Emergency Fund; and

(zf) any compensation paid under the Windrush Compensation Scheme (Expenditure) Act 2020.]

Textual Amendments

F121 Sch. 2 para. 10(b) omitted (27.11.2023) by virtue of The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 3(3)(h)(i) (with art. 6)

F122 Sch. 2 para. 10(c) omitted (27.11.2023) by virtue of The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 3(3)(h)(i) (with art. 6)

F123 Sch. 2 para. 10(e) omitted (27.11.2023) by virtue of The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 3(3)(h)(i) (with art. 6)

F124 Sch. 2 para. 10(n) substituted (coming into force in accordance with arts. 1-3 of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 33(b)

F125 Sch. 2 paras. 10(r)-(zf) inserted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 3(3)(h)(ii) (with art. 6)

Gross monthly income test E+W

[F126 Remission of fees - gross monthly income E+W

11.— (1) Subject to paragraphs 11A and 12, if a party satisfies the disposable capital test, no fee is payable under this Order if, at the time when the fee would otherwise be payable, the party’s gross monthly income does not exceed the applicable threshold.

(2) The applicable threshold is—

(a) £1,420, for a party that is single and has no children;

(b) £2,130, for a party that is part of a couple and has no children; or

(c) as otherwise calculated in accordance with sub-paragraph (3).

(3) Where this sub-paragraph applies, the applicable threshold is determined by taking the following steps—

Step 1 Identify the number of children aged 13 or below and multiply this number by £425.

Step 2 Identify the number of children aged 14 or over and multiply this number by £710.

Step 3 Add together the amounts calculated at Step 1 and Step 2.

Step 4 Add £1,420 to the amount calculated at Step 3.

The result is the applicable threshold for a party that is single and has children.

Step 5 If a party is part of a couple, take this additional step.

Add £710 to the amount calculated at Step 4.

The result is the applicable threshold for a party that is part of a couple and has children.

(4) Subject to sub-paragraph (6), if a party’s gross monthly income exceeds the applicable threshold, that party must pay an amount towards the fee payable to which the application for remission relates, which is determined in accordance with sub-paragraph (5).

(5) Where this sub-paragraph applies, the amount payable is determined as follows—

Step 1 Deduct the applicable threshold from the party’s gross monthly income.

The amount calculated is the “excess income”.

Step 2 Apply the rates specified in the second column of the Table to the parts of the party’s excess income specified in the corresponding row of the first column.

Step 3 Add together the amounts calculated at Step 2 (if there are two or more such amounts).

Subject to sub-paragraph (6), the result is the amount payable.

Table

Part of excess income	Rate
Up to and including £1,000	50%
£1,001 to £2,000	70%
£2,001 to £3,000	90%

(6) No party is required to pay an amount that is more than the fee payable for which the application for remission has been made, if no remission had been granted.]

Textual Amendments

F126 Sch. 2 para. 11 substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 3(3)(i) (with art. 6)

[F127 Gross monthly income— passporting benefits E+W

11A.— (1) If a party satisfies the disposable capital test, no fee is payable under this Order if, at the time when the fee would otherwise be payable, the party is in receipt of any passporting benefits.

(2) The following are passporting benefits—

(a) income-based Jobseeker’s Allowance;

(b) income-related Employment and Support Allowance;

(c) income support;

(d) pension credit (Guarantee Credit); and

(e) universal credit with additional gross annual earnings of less than £6,000.]

Textual Amendments

F127 Sch. 2 para. 11A inserted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 3(3)(j) (with art. 6)

[F128 Gross monthly income cap E+W

12.   No remission is available if a party’s gross monthly income exceeds the applicable threshold determined in accordance with paragraph 11(2), plus the sum of £3,000.]

Textual Amendments

F128 Sch. 2 para. 12 substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 3(3)(k) (with art. 6)

[F129 Gross monthly income E+W

13.— (1) Subject to paragraph 14, “gross monthly income” means the total sum of—

(a) the lower of—

(i) the gross amount that has been earned by the party in the month immediately preceding that in which the application for remission is made; or

(ii) the average of the gross amount that has been earned by the party in the three months immediately preceding that in which the application for remission is made, and

(b) the gross amount received by the party from any other source in the month immediately preceding that in which the application for remission is made, other than receipt of any of the excluded benefits.

(2) For the purposes of sub-paragraph (1), earnings from a trade, business or gainful occupation other than an occupation at a wage or salary are calculated as the lower of—

(a) the party’s net profits for the month preceding that in which the application for remission is made; or

(b) the average of the party’s net profits for the three months preceding that in which the application for remission is made.

(3) In sub-paragraph (2), “net profits” means the profits which have accrued to the party less all sums necessarily expended to earn those profits.]

Textual Amendments

F129 Sch. 2 para. 13 substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 3(3)(I) (with art. 6)

General E+W

Resources and income treated as the party’s resources and income E+W

14.— (1) Subject to sub-paragraph (2), the disposable capital and gross monthly income of a partner of a party is to be treated as disposable capital and gross monthly income of the party.

(2) Where the partner of a party has a contrary interest to the party in the matter to which the fee relates, the disposable capital and gross monthly income of that partner, if any, is not treated as the disposable capital and gross monthly income of the party.

Application for remission of a fee E+W

15.— (1) An application for remission of a fee must be made at the time when the fee would otherwise be payable.

(2) Where an application for remission of a fee is made, the party must—

(a) indicate the fee to which the application relates;

(b) declare the amount of their disposable capital; and

(c) provide documentary evidence of their gross monthly income and the number of children relevant for the purposes of [F130 paragraph 11].

(3) Where an application for remission of a fee is made on F131 ... the date on which a fee is payable, the date for payment of the fee is disapplied.

(4) [F132 Subject to sub-paragraph (5),] where an application for remission is refused, or if part remission of a fee is granted, the amount of the fee which remains unremitted must be paid within the period notified in writing to the party.

[F133 (5) Where an application for remission of fee 2.1 is refused, or if part remission of that fee is granted, the amount of the fee which remains unremitted must be paid in accordance with the directions in column 1 of the table in Schedule 1 (fees to be taken), in respect of fee 2.1.]

[F134 (6) The Lord Chancellor may by written notice request such additional information or evidence as is required to assess the party’s entitlement to fee remission under this Order, and the period specified by such notice must not be less than 7 days, beginning with the day after the date on which the notice is sent.

(7) An application for remission of a fee may be treated as abandoned and no further action taken, if a party fails to provide the information requested under sub-paragraph (6) within the period specified by that notice, or such other extended period as may be agreed in writing at the Lord Chancellor’s discretion.]

Textual Amendments

F130 Words in Sch. 2 para. 15(2)(c) substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 3(3)(m)(i) (with art. 6)

F131 Words in Sch. 2 para. 15(3) omitted (27.11.2023) by virtue of The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 3(3)(m)(ii) (with art. 6)

F132 Words in Sch. 2 para. 15(4) inserted (6.3.2017) by The Civil Proceedings Fees (Amendment) Order 2016 (S.I. 2016/1191), arts. 1, 2(4)(a) (with art. 3)

F133 Sch. 2 para. 15(5) inserted (6.3.2017) by The Civil Proceedings Fees (Amendment) Order 2016 (S.I. 2016/1191), arts. 1, 2(4)(b) (with art. 3)

F134 Sch. 2 para. 15(6)(7) inserted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 3(3)(m)(iii) (with art. 6)

Remission in exceptional circumstances E+W

16.   A fee specified in this Order may be remitted where the Lord Chancellor is satisfied that there are exceptional circumstances which justify doing so.

Refunds E+W

17.— (1) Subject to sub-paragraph (3), where a party pays a fee at a time when that party would have been entitled to a remission if they had provided the documentary evidence required by paragraph 15, the fee, or the amount by which the fee would have been reduced as the case may be, must be refunded if documentary evidence relating to the time when the fee became payable is provided at a later date.

(2) Subject to sub-paragraph (3), where a fee has been paid at a time when the Lord Chancellor, if all the circumstances had been known, would have remitted the fee under [F135 paragraph 16], the fee or the amount by which the fee would have been reduced, as the case may be, must be refunded to the party.

(3) No refund shall be made under this paragraph unless the party who paid the fee applies within 3 months of the date on which the fee was paid.

(4) The Lord Chancellor may extend the period of 3 months mentioned in sub-paragraph (3) if the Lord Chancellor considers that there is a good reason for a refund being made after the end of the period of 3 months.

Textual Amendments

F135 Words in Sch. 2 para. 17(2) substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 3(3)(n) (with art. 6)

Legal Aid E+W

18.   A party is not entitled to a fee remission if, under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, they are in receipt of the following civil legal services —

(a) Legal representation; or

(b) Family help (higher); or

(c) Family help (lower) in respect of applying for a consent order.

Vexatious litigants E+W

19.— (1) This paragraph applies where—

(a) a restraint order is in force against a party; and

(b) that party makes an application for permission to—

(i) issue proceedings or take a step in proceedings as required by the restraint order;

(ii) apply for amendment or discharge of the order; or

(iii) appeal the order.

(2) The fee prescribed by this Order for the application is payable in full.

(3) If the party is granted permission, they are to be refunded the difference between—

(a) the fee paid; and

(b) the fee that would have been payable if this Schedule had been applied without reference to this paragraph.

Exceptions E+W

20.   No remissions or refunds are available in respect of the fee payable for—

(a) copy or duplicate documents;

(b) searches.]

Article 8

SCHEDULE 3 E+W Revocations

Column 1Title	Column 2Reference
The Civil Proceedings Fees Order 2004	S.I. 2004/3121
The Civil Proceedings Fees (Amendment) Order 2005	S.I. 2005/473
The Civil Proceedings Fees (Amendment No. 2) Order 2005	S.I. 2005/3445
The Civil Proceedings Fees (Amendment) Order 2006	S.I. 2006/719
The Civil Proceedings Fees (Amendment) Order 2007	S.I. 2007/680
The Civil Proceedings Fees (Amendment) (No. 2) Order 2007	S.I. 2007/2176
The Civil Proceedings Fees (Amendment) (No. 2) (Amendment) Order 2007	S.I. 2007/2801
The Civil Proceedings Fees (Amendment) Order 2008	S.I. 2008/116