The County Court Fees (Amendment) Order 1994

• Citation: S.I. 1994/1936
• Sections: 9

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the County Court Fees (Amendment) Order 1994 and shall come into force on 15th August 1994.

(2) The County Court Fees Order 1982 shall be amended in accordance with the following provisions of this Order.

(3) In this Order an article referred to by number means the article so numbered in the County Court Fees Order 1982 and a fee or column referred to by number means the fee or column so numbered in Schedule 1 to that Order.

Section 2 Amendments to the County Court Fees Order 1982

For article 4 there shall be substituted the following–

(4)

(1) No fee shall be payable under this Order where the party who would otherwise be liable to pay it is in receipt of income support under Part VII of the Social Security Contributions and Benefits Act 1992 at the time when the fee becomes payable.

(2) The Lord Chancellor may reduce or remit a fee in any case where, in circumstances where paragraph (1) does not apply, it appears to the Lord Chancellor that payment by a party who is an individual of any fee specified in Schedule 1 would involve undue financial hardship because of the exceptional circumstances of the particular case.

(3) Paragraph (1) shall not apply to Fee No.4(viii) (fee payable on a consolidated attachment of earnings order or an administration order).

Section 3 Amendments to the County Court Fees Order 1982

Schedule 1, paragraph 4 shall be omitted.

Section 4 Amendments to the County Court Fees Order 1982

Schedule 1, paragraph 5 shall be renumbered paragraph 4 and after it there shall be inserted the following new paragraph–

(5)

(1) Subject to sub-paragraph (2), Fee No.2A (setting down fee) is payable in–

(a) proceedings to which Order 17, rule 11 (automatic directions) applies; and

(b) proceedings where a date is fixed for a hearing under Order 17, rule 9.

(2) Fee No.2A shall not be payable in proceedings–

(a) begun by originating application;

(b) for the delivery of goods;

(c) for the recovery of land;

(d) referred to arbitration under Order 19;

(e) where the only issue at trial will be a claim for an injunction;

(f) for the enforcement of a judgment or order of a county court or the High Court;

(g) under Order 25, rule 12 (enforcement of tribunal or other award).

Section 5 Amendments to the County Court Fees Order 1982

For columns 1 and 2 in Fee 1(i) there shall be substituted the following–

(i)

(a) On entering a plaint for the recovery of a sum of money or the delivery of goods, except in summons production centre cases.

Where the sum claimed or the value of the goods–

10p for every £1 or part thereof claimed

Minimum fee £10

(b) On entering a plaint in the summons production centre.

10p for every £1 or part thereof claimed

Minimum fee £10

Maximum fee £60

Section 6 Amendments to the County Court Fees Order 1982

(1) Fee 1(ii) shall be amended as follows–

(a) in column 1, the words from “— (a) an order” to “(d)” shall be omitted;

(b) in column 2, for “£40” there shall be substituted “£50”; and

(c) in column 3, the words “Where two or more such claims are joined in the same proceedings the maximum fee payable is £40.” shall be omitted.

(2) Fees 1(iii) and (iv) shall be omitted.

Section 7 Amendments to the County Court Fees Order 1982

After Fee No. 2 there shall be inserted the following–

(2A) SETTING DOWN

(2A) Only one setting down fee shall be payable for each trial. Thus if Fee No.2A(i), (ii) or (iii) has been paid, no fee shall be payable on the occurrence of any other event which would otherwise give rise to a liability to pay a setting down fee.

(i) On requesting the proper officer to fix a date for trial.

(ii) On filing an estimate of the length of the trial.

(iii) On receiving notification that a date has been fixed for trial.

(2A)

(iii) The fee shall be paid by the plaintiff unless only the counterclaim will be in issue at the trial, in which case the fee shall be paid by the defendant.

Section 8 Amendments to the County Court Fees Order 1982

Fee No.2A (Appeals) shall stand as Fee No.2B and, for “£10” in both places where it appears in that fee, there shall be substituted “£20”.

Section 9 Amendments to the County Court Fees Order 1982

In column 2–

(a) in Fee No.3(ii) for “£10” there shall be substituted “£30”;

(b) in Fee No.4(ii) for “£20” there shall be substituted “£30”;

(c) in Fee No.4(iii) for “£20” there shall be substituted “£25”;

(d) in Fee No.4(v) for “£20” there shall be substituted “£25”;

(e) in Fee No.4(vi) for “£20” there shall be substituted “£25”;

(f) in Fee No.4(vii) for “£70” there shall be substituted “£80”;

(g) in Fee No.4A(i) for “£10” there shall be substituted “£20”;

(h) in Fee No.8(i) for “£10” there shall be substituted “£20”;

(i) in Fee No.8(ii) for “£2” there shall be substituted “£5”.