The County Court Fees (Amendment) Order 1996

Explanatory Note

(This note is not part of the Order)

This Order amends the County Court Fees Order 1982 so as—

(1) to provide that exemption and remission from payment of court fees are only available for small claims proceedings, and that they have the effect of reducing the fee in question to £10 (article 3);

(2) to provide an advance fee for the lodging of a bill for taxation, equal to half of the estimated final taxation fee as calculated on the assumption that the bill is upheld in full, and to set the final fee at £7.50 per £100 of the bill as taxed (article 9);

(3) where the bill is lodged by the party who would have to pay the amount of the taxed bill, to limit the amount of the advance fee to £50 unless the district judge orders otherwise (article 5);

(4) to reduce the fee for copies of documents to 25p per page after the first five pages of each document (article 11);

(5) to increase the following fees as indicated (articles 6 and 7):—

Fee No.	Short description of fee (for full description see fees order)	Existing Fee £	New Fee £
1	Originating process	10 to 80, depending on the amount of the claim	10 to 500, depending on the amount of the claim
2A	Setting down for trial	50	100
2B(i)	Appeals to judge	20	50
3(ii)	Review of taxation	30	50
4(iii)	Garnishee order	25	50
4(v)	Charging order	25	50
4(vi)	Judgment summons	25	50
4A(i)	Tribunal award	20	30
8(i)	Admiralty warrant	20	80
9(i)(a)	Debtor’s bankruptcy petition	25	50
9(i)(b)	Creditor’s bankruptcy petition	55	80
9(ii)	Issue of any other petition under the Companies Act 1985(1) or Insolvency Act 1986(2)	55	80
9(iii)(a)	Hearing before district judge	20	30
9(iii)(b)	Hearing before Circuit judge	20	50

(6) to make the fee on a counterclaim the same as that on an independent claim (article 7);

(7) to introduce the following new fees (articles 4, 7, 8 and 10):—

Fee No.	Short description of fee (for full description see Order)	Amount of fee £
1(iv)	Second or subsequent summons	10
1(v)	Third party notice	50
2C(i)	Witness summons	20
2C(ii)	Application by debtor to vary judgment	10
2C(iii)	Application to set aside judgment	10
2C(iv)	Ex parte or consent application without hearing	10
2C(v)	Application to district judge	20
2C(vi)	Application to circuit judge	30
4(i)(c)	Second or subsequent warrant	20
4(ix)	Application to suspend warrant	10

(1)

1985 c. 6.

(2)

1986 c. 45; sections 414 and 415 have been amended by the Insolvency Fees Amendment Order 1992, S.I. 1992/34.