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 noItemNew fee (£)Old fee (£)
1.5Filing of proceedings in county court against party not named in originating proceedings3530
1.7(a)Application for permission to issue originating proceedings in county court3530
1.7(b)Application for order under Part III of the Solicitors Act 1974 in county court3530
2.4(a)Filing appellant’s notice in county court (or respondent’s notice where respondent is appealing etc) – small claims track10080
2.4(b)Filing appellant’s notice in county court (or respondent’s notice where respondent is appealing etc) – other than small claims track120100
2.5Application on notice where no fee specified — county court6560
2.6Application by consent or without notice for judgment or order where no other fee specified — county court3530
2.7Application for summons or order for witness to attend court etc— county court3530
2.8Application to vary judgment or suspend enforcement — county court3530
5.1Filing of request for detailed assessment in legal aid cases— county court105100
5.3Request for issue of default costs certificate — county court4540
5.4Appeal against decision in detailed assessment proceedings — county court105100
5.5Application for approval of certificate of costs payable from Community Legal Service Fund — county court3530
5.6Request or application to set aside default costs certificate — county court6560
7.1(a)Application for enforcement in county court — amount of warrant not exceeding £1253530
7.1(b)Application for enforcement in county court — amount of warrant exceeding £1255550
7.2Request for further attempt at execution of warrant — county court2520
7.3Application for order requiring judgment debtor to attend court etc — county court4540
7.4(a)Application for third party debt order — county court5550
7.4(b)Application for charging order — county court5550
7.5Application for judgment summons — county court9590
7.6Issue of warrant of possession or delivery — county court9590
7.7Application for attachment of earnings order — county court6560
7.9Application for recovery of tribunal award — county court3530
13.1Request for certificate of satisfaction — county court1510

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.