The Civil Proceedings Fees Order 2008

Article 2

SCHEDULE 1E+W[F1Fees to be taken

This schedule has no associated Explanatory Memorandum

Textual Amendments

[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).

(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.

(i)

S.I .1993/2073 as amended by S.I 2001/1386.

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;[F6£528]
(b) in the County CourtF7...; [F6£391]
F8. . .F8. . .
1.5 On starting proceedings for any other remedy (including proceedings issued after permission to issue is granted):
in the High Court; [F6£626]
in the County Court. [F6£365]
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. [F6£65]
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. [F6£65]
(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. [F6£65]
[F91.9(a) For permission to apply for judicial review. [F6£169]
1.9(b) On applying for a request to reconsider at a hearing a decision on permission. [F6£424]
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.

[F6£847]
1.9(d) if the claim for judicial review was started otherwise than by an application for permission to apply for judicial review. [F6£169]]
[F101.10 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).][F11£5]
2 General Fees (High Court and County Court)
[F122.1 On the court fixing a trial date or trial period for a case allocated to:
(a) [F13the intermediate track or the multi-track]; [F14£1175]
(b) the fast track; £545
(c) the small claims track where the sum claimed:
(i) does not exceed £300; [F15£27]
(ii) exceeds £300 but does not exceed £500; [F16£59]
(iii) exceeds £500 but does not exceed £1,000; [F17£85]
(iv) exceeds £1,000 but does not exceed £1,500; [F18£123]
(v) exceeds £1,500 but does not exceed £3,000; [F19£181]
(vi) exceeds £3,000. [F20£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:[F6£285]
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;[F6£142]
(b) in all other claims.[F6£166]
Fees 2.2 and 2.3 do not apply on appeals against a decision made in detailed assessment proceedings.
[F212.4(a) On an application on notice where no other fee is specified, except for applications referred to in fee 2.4(b). [F6£303]

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.

[F6£184]
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). [F6£119]

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.

[F6£59]]
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.
[F22Fees 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.[F23£21]
2.7 On an application to vary a judgment or suspend enforcement, including an application to suspend a warrant of possession.[F6£15]
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.[F6£15]
3 Companies Act 1985, Companies Act 2006 and Insolvency Act 1986 (High Court and County Court)
3.1 On entering a bankruptcy petition:
F24. . .F24. . .
(b) if presented by a creditor or other person.[F6£332]
3.2 On entering a petition for an administration order.[F6£332]
3.3 On entering any other petition.[F6£332]
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;[F25£75]
(b) after the first certificate, for each copy.[F26£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. [F6£308]
Fee 3.5 is not payable where the application is made in existing proceedings.
F27. . .F27. . .
3.7 On an application, for the purposes of [F28Regulation (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:[F6£55]
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.[F29£35]
3.10 On filing documents in accordance with paragraph 7(1) of Schedule A1 to the Insolvency Act 1986.[F30£35]
3.11 On an application by consent or without notice within existing proceedings where no other fee is specified.[F6£29]
3.12 On an application with notice within existing proceedings where no other fee is specified.[F6£109]
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;[F31£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.[F32£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.
[F335.1 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. [F34£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; [F35£398]
(b) exceeds £15,000 but does not exceed £50,000; [F36£801]
(c) exceeds £50,000 but does not exceed £100,000; [F37£1,192]
(d) exceeds £100,000 but does not exceed £150,000; [F38£1,595]
(e) exceeds £150,000 but does not exceed £200,000; [F39£1,992]
(f) exceeds £200,000 but does not exceed £300,000; [F40£2,988]
(g) exceeds £300,000 but does not exceed £500,000; [F41£4,980]
(h) exceeds £500,000. [F42£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. [F6£78]
5.4 On commencing an appeal against a decision made in detailed assessment proceedings. [F6£274]
5.5 On a request or application to set aside a default costs certificate. [F6£143]]
6 Determination in the Senior Courts of costs incurred in the Court of Protection
[F436.1 On the filing of a request for detailed assessment. [F6£96]
6.2 On an appeal against a decision made in detailed assessment proceedings.[F6£77]
6.3 On a request or application to set aside a default costs certificate.[F6£72]]
7 Enforcement in the High Court
[F447.1 On sealing a writ of control/possession/delivery. [F6£78]
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. [F6£65]

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.

[F6£131]
(b) On an application for a charging order. [F6£131]
Fee 7.3(b) is payable in respect of each charging order applied for.
7.4 On an application for a judgment summons. [F6£131]
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. [F6£78]]
8 Enforcement in the County Court
[F458.1 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: [F6£91]
F46. . .F46. . .
F46. . .F46. . .
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 F47...). [F6£36 ]
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. [F6£65]

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.

[F6£131]
(b) On an application for a charging order. [F6£131]
Fee 8.4(b) is payable in respect of each charging order applied for.
8.5 On an application for a judgment summons. [F6£131]
8.6 On the issue of a warrant of possession or a warrant of delivery. [F6£143]
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. [F6£131]]
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).
[F488.9 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. [F6£52]
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 [F6£10]
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. [F6£131]]
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
[F4910.1 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. [F6£33]
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. [F50£54]
10.3 On a search in person of the court’s records, including inspection, for each 15 minutes or part of 15 minutes. [F51£12]]
Judge sitting as arbitrator
[F5210.4 On the appointment of an eligible High Court judge as an arbitrator or umpire under section 93 of the Arbitration Act 1996 [F6£671]
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. [F6£671]
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.[F6£20]
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. [F6£14]
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): [F6£626]
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: [F6£1,421]
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)). [F6£1,421]
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. [F53£569]
13.3 On filing an application notice. [F6£626]
Fee 13.3 is not payable for an application made in an appeal notice.

Textual Amendments