SECTION VIIIFIXED COSTS: HM REVENUE AND CUSTOMS

Scope, interpretation and application45.44

1

This Section sets out the amounts which, unless the court orders otherwise, are to be allowed in respect of HM Revenue & Customs charges (“ HMRC charges”) in the cases to which this Section applies.

2

For the purpose of this Section—

• “ HMRC Officer” means a person appointed by the Commissioners under section 2 of the Commissioners for Revenue and Customs Act 2005 and authorised to conduct county court proceedings for recovery of debt under section 25(1A) of that Act;

• “debt” means any sum payable to the Commissioners under or by virtue of an enactment or under a contract settlement; and

• “ HMRC charges” means the fixed costs set out in Tables 9 and 10 in this Section.

3

HMRC charges shall, for the purpose of this Section, be claimed as “solicitor costs” on relevant court forms.

4

This Section applies where the only claim is a claim conducted by an HMRC Officer in the county court for recovery of a debt and the Commissioners obtain judgment on the claim.

5

Any appropriate court fee will be allowed in addition to the costs set out in this Section.

6

The claim form may include a claim for fixed commencement costs.

Amount of fixed commencement costs in a county court claim for the recovery of money45.45

The amount of fixed commencement costs in a claim to which rule 45.44 applies—

a

shall be calculated by reference to Table 9; and

b

the amount claimed in the claim form is to be used for determining which claim band in Table 9 applies.

TABLE 9FIXED COSTS ON COMMENCEMENT OF A COUNTY COURT CLAIM CONDUCTED BY AN HMRC OFFICER

Where the value of the claim exceeds £25 but does not exceed £500	£33
Where the value of the claim exceeds £500 but does not exceed £1,000	£47
Where the value of the claim exceeds £1,000 but does not exceed £5,000	£53
Where the value of the claim exceeds £5,000 but does not exceed £15,000	£67
Where the value of the claim exceeds £15,000 but does not exceed £50,000	£90
Where the value of the claim exceeds £50,000 but does not exceed £100,000	£113
Where the value of the claim exceeds £100,000 but does not exceed £150,000	£127
Where the value of the claim exceeds £150,000 but does not exceed £200,000	£140
Where the value of the claim exceeds £200,000 but does not exceed £250,000	£153
Where the value of the claim exceeds £250,000 but does not exceed £300,000	£167
Where the value of the claim exceeds £300,000	£180

Costs on entry of judgment in a county court claim for recovery of money45.46

Where—

a

an HMRC Officer has claimed fixed commencement costs under Rule 45.45; and

b

judgment is entered in a claim to which rule 45.44 applies the amount to be included in the judgment for HMRC charges is the total of—

i

the fixed commencement costs; and

ii

the amount in Table 10 relevant to the value of the claim.

TABLE 10FIXED COSTS ON ENTRY OF JUDGMENT IN A COUNTY COURT CLAIM CONDUCTED BY AN HMRC OFFICER

Where the value of the claim does not exceed £5,000	£15
Where the value of the claim exceeds £5,000	£20

When the defendant is only liable for fixed commencement costs45.47

Where—

a

the only claim is for a specified sum of money; and

b

the defendant pays the money claimed within 14 days after service of the particulars of claim, together with the fixed commencement costs stated in the claim form,

the defendant is not liable for any further costs unless the court orders otherwise.

SECTION IIIMEDIATION DIRECTIVE

Scope of this Section and interpretation78.23

1

This Section applies to mediated cross-border disputes that are subject to Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters.

2

In this Section–

• “Mediation Directive” means Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters. A copy of the Directive can be found at Annex 3;

• “cross-border dispute” has the meaning given by article 2 of the Mediation Directive;

• “mediation” has the meaning given by article 3(a) of the Mediation Directive;

• “mediation administrator” means a person involved in the administration of the mediation process;

• “mediation evidence” means evidence arising out of or in connection with a mediation process;

• “mediation settlement” means the content of a written agreement resulting from mediation of a relevant dispute;

• “mediation settlement agreement” means a written agreement resulting from mediation of a relevant dispute;

• “mediation settlement enforcement order” means an order made under rule 78.24(5);

• “mediator” has the meaning given by article 3(b) of the Mediation Directive; and

• “relevant dispute” means a cross-border dispute that is subject to the Mediation Directive.

Making a mediation settlement enforceable (mediation settlement enforcement orders)78.24

1

Where the parties, or one of them with the explicit consent of the others, wish to apply for a mediation settlement to be made enforceable, the parties or party may apply–

a

where there are existing proceedings in England and Wales, by an application made in accordance with Part 23; or

b

where there are no existing proceedings in England and Wales, by the Part 8 procedure as modified by this rule and Practice Direction 78 – European Procedures.

2

Where rule 78.24(1)(b) applies, rules 8.3 to 8.8 will not apply.

3

The mediation settlement agreement must be annexed to the application notice or claim form when it is filed.

4

Except to the extent that paragraph (7) applies, the parties must file any evidence of explicit consent to the application under paragraph (1) when the parties file the application or claim form.

5

Subject to paragraph (6), where an application is made under paragraph (1), the court will make an order making the mediation settlement enforceable.

6

The court will not make an order under paragraph (5) unless the court has evidence that each of the parties to the mediation settlement agreement has given explicit consent to the application for the order.

7

Where a party to the mediation settlement agreement—

a

has agreed in the mediation settlement agreement that a mediation settlement enforcement order should be made in respect of that mediation settlement;

b

is a party to the application under paragraph (1); or

c

has written to the court consenting to the application for the mediation settlement enforcement order,

that party is deemed to have given explicit consent to the application for the mediation settlement enforcement order.

8

An application under paragraph (1) will be dealt with without a hearing, unless the court otherwise directs.

Mediation settlement enforcement orders: foreign currency78.25

1

Where a person applies to enforce a mediation settlement enforcement order which is expressed in a foreign currency, the application must contain a certificate of the sterling equivalent of the sum remaining due under the order at the close of business on the day before the date of the application.

(Parts 70 to 74 contain further rules about enforcement.)

Mediation evidence: disclosure or inspection78.26

1

Where a person seeks disclosure or inspection of mediation evidence that is in the control of a mediator or mediation administrator, that person must apply–

a

where there are existing proceedings in England and Wales, by an application made in accordance with Part 23; and

b

where there are no existing proceedings in England and Wales, by the Part 8 procedure.

2

Where the application is made–

a

under paragraph (1)(a), the mediator or mediation administrator who has control of the mediation evidence must be named as a respondent to the application and must be served with a copy of the application notice; and

b

under paragraph (1)(b), the mediator or mediation administrator who has control of the mediation evidence must be made a party to the claim.

3

Evidence in support of the application under paragraph (1)(a) or (1)(b) must include evidence that–

a

all parties to the mediation agree to the disclosure or inspection of the mediation evidence;

b

disclosure or inspection of the mediation evidence is necessary for overriding considerations of public policy, in accordance with article 7(1)(a) of the Mediation Directive; or

c

disclosure or inspection of the mediation settlement is necessary to implement or enforce the mediation settlement agreement.

4

This rule does not apply to proceedings in England and Wales that have been allocated to the small claims track.

5

Where this rule applies, Parts 31 to 34 apply to the extent they are consistent with this rule.

Mediation evidence: witnesses and depositions78.27

1

This rule applies where a party wishes to obtain mediation evidence from a mediator or mediation administrator by–

a

a witness summons;

b

cross-examination with permission of the court under rule 32.7 or 33.4;

c

an order under rule 34.8 (evidence by deposition);

d

an order under rule 34.10 (enforcing attendance of witness);

e

an order under rule 34.11(4) (deponent’s evidence to be given orally); or

f

an order under rule 34.13(1A) (order for the issue of a letter of request).

2

When applying for a witness summons, permission under rule 32.7 or 33.4 or an order under rule 34.8, 34.10, 34.11(4) or 34.13(1A), the party must provide the court with evidence that–

a

all parties to the mediation agree to the obtaining of the mediation evidence;

b

obtaining the mediation evidence is necessary for overriding considerations of public policy, in accordance with article 7(1)(a) of the Mediation Directive; or

c

the disclosure or inspection of the mediation settlement is necessary to implement or enforce the mediation settlement agreement.

3

When considering a request for a witness summons, permission under rule 32.7 or 33.4 or an order under rule 34.8, 34.10, 34.11(4) or 34.13(1A), the court may invite any person, whether or not a party, to make representations.

4

This rule does not apply to proceedings in England and Wales that have been allocated to the small claims track.

5

Where this rule applies, Parts 31 to 34 apply to the extent they are consistent with this rule.

Mediation evidence: small claims78.28

Where a party wishes to rely on mediation evidence in proceedings that are allocated to the small claims track, that party must inform the court immediately.