The Civil Proceedings Fees (Amendment) Order 2009

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Civil Proceedings Fees Order 2008 (S.I. 2008/1053 (L.5)). It makes the following changes of substance:

(a) It increases some of the fees in Schedule 1. Except where indicated in paragraph (c) below, the fee increases are indicated in the body of the Order.

(b) Articles 6 to 10 replace the separate fees in fee 5 for Supreme Court and county court matters with a single fee for both jurisdictions.

(c) Article 11 creates a new fee 8.1. The fee payable for the issue of a warrant of execution against goods no longer depends on the amount for which the warrant is issued. The previous fees of £35 and £55 for cases other than County Court Bulk Centre cases brought by County Court Bulk Centre users are replaced by a single fee of £100. The previous fees of £25 and £45 for County Court Bulk Centre cases brought by County Court Bulk Centre users are replaced by a single fee of £70.

(d) Articles 19 to 21 increase the figures for gross annual income in paragraph 3 of Schedule 2 which are used to determine whether a party is eligible for fee remission.

(e) Article 22 increases the amounts that may be deducted from a party’s gross monthly income for living expenses. The amount that a party may deduct rises from £296 to £315. The amount for each child of the party rises from £228 to £244 and the amount that may be deducted if the party has a partner rises from £150 to £159.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available at http://www.justice.gov.uk/docs/civil-court-fees-2008-consultation-paper-cp31-08.pdf