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Statutory Instrument

The County Court Fees (Amendment) Order 1995

Citation
S.I. 1995/2627
As at
Sections
13
Section 1Citation, commencement and interpretation

(1) This Order may be cited as the County Court Fees (Amendment) Order 1995 and shall come into force on 30th October 1995.

(2) 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 2Amendments to the County Court Fees Order 1982

For article 4(1) there shall be substituted the following—

(4)

(1) No fee shall be payable under this Order by a party who, at the time when a fee would otherwise become payable,

(a) is in receipt of income support under Part VII of the Social Security Contributions and Benefits Act 1992 , and

(b) is not in receipt of representation under Part IV of the Legal Aid Act 1988 for the purposes of the proceedings.

Section 3Amendments to the County Court Fees Order 1982

In paragraph 3 of Schedule 1, for “Fee No. 1.(ii)” there shall be substituted “Fee No. 1.(iii)”.

Section 4Amendments to the County Court Fees Order 1982

For paragraph 4 of Schedule 1 there shall be substituted the following—

(4) Fee No. 4.(viii) shall be 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 prior to the date of payment).

Section 5Amendments to the County Court Fees Order 1982

For Columns 1 and 2 in Fee No. 1 there shall be substituted the following—

(i) On entering a plaint for a sum of money, except in summons production centre cases.

Where the sum of money claimed—

does not exceed £100

exceeds £100 but does not exceed £200

exceeds £200 but does not exceed £300

exceeds £300 but does not exceed £400

exceeds £400 but does not exceed £500

exceeds £500 but does not exceed £600

exceeds £600 but does not exceed £1000

exceeds £1000 but does not exceed £5000

exceeds £5000

(ii) On entering a plaint for a sum of money in summons production centre cases.

Where the sum of money claimed—

does not exceed £100

exceeds £100 but does not exceed £200

exceeds £200 but does not exceed £300

exceeds £300 but does not exceed £400

exceeds £400 but does not exceed £500

exceeds £500 but does not exceed £600

exceeds £600 but does not exceed £1000

exceeds £1000 but does not exceed £5000

exceeds £5000

(iii) For the commencement of proceedings for any other remedy or relief, other than where Fee No. 9 applies, whether by plaint, originating application, notice of application, petition, appeal or otherwise

Section 6Amendments to the County Court Fees Order 1982

In Column 3, for the whole entry for Fee No. 1, there shall be substituted the following—

(1) (i) and 1.(ii) On delivery of a counterclaim which exceeds the amount of the claim there shall be paid the amount by which the fee calculated on the amount of the counterclaim exceeds the fee paid by the plaintiff.

(1) (iii) Where a claim for which Fee No. 1.(iii) is paid is joined with a claim for money, no additional fee shall be payable.

Section 7Amendments to the County Court Fees Order 1982

For Columns 1 and 2 in Fee No. 4.(i) there shall be substituted the following:

(i)(a) By the issue of a warrant of execution against goods except a warrant to enforce payment of a court fee or an order for payment of a fine, except in County Court Bulk Centre cases—

Where the amount for which the warrant issues does not exceed £125

Where the amount for which the warrant issues exceeds £125

(i)(b) By the issue of a warrant of execution against goods except a warrant to enforce payment of a court fee or an order for payment of a fine, in County Court Bulk Centre cases

Where the amount for which the warrant issues does not exceed £125

Where the amount for which the warrant issues exceeds £125

Section 8Amendments to the County Court Fees Order 1982

For Columns 1 and 2 in Fee No. 4.(iv) there shall be substituted the following—

(iv) By the issue of a wrrant of possession or a warrant of delivery

Section 9Amendments to the County Court Fees Order 1982

In Column 3—

(a) entry 4.(i) shall be omitted;

(b) in entry 4.(iv), for “the appropriate feed under Fee No. 4.(i) is also payable” there shall be substituted “no further fee is payable”;

(c) there shall be inserted the following new entry 4.(viii):—

(4.(viii)

This fee is calculated in accordance with paragraph 4 of this Schedule.

Section 10Amendments to the County Court Fees Order 1982

In Column 2—

(a) in Fee No. 4.(vii) for the whole entry there shall be substituted “£50”;

(b) in Fee No. 4.(viii) for “5p” there shall be substituted “10p”.

Section 11Amendments to the County Court Fees Order 1982

For Columns 1 and 2 in Fee No. 6 there shall be substituted the following:

(6) COPIES OF DOCUMENTS.

For a copy of any document, or for examining a plain copy and marking it as an office copy, per page

Section 12Amendments to the County Court Fees Order 1982

In Column 2—

(a) in Fee No. 9.(i)(a) for “£20” there shall be substituted “£25”;

(b) in Fee No. 9.(i)(b) for “£50” there shall be substituted “£55”;

(c) in Fee No. 9.(ii) for “£50” there shall be substituted “£55”;

(d) in Fee No. 9.(iii)(a) for “£15” there shall be substituted “£20”.

Section 13Amendments to the County Court Fees Order 1982

Fee No. 9.(iv) shall be omitted.

13 sections

Cite this legislation

The County Court Fees (Amendment) Order 1995 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/uksi-1995-2627

Contains public sector information licensed under the Open Government Licence v3.0.

OGL-3

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