The County Court Fees (Amendment) Order 1996

• Citation: S.I. 1996/3189
• Sections: 11

Section 1 Citation, commencement and interpretation

This Order may be cited as the County Court Fees (Amendment) Order 1996 and shall come into force on 15th January 1997.

Section 2 Citation, commencement and interpretation

In this Order:—

(a) an article or Schedule referred to by number means the article or Schedule so numbered in the County Court Fees Order 1982 , and

(b) a fee or column referred to by number means the fee or column so numbered in Schedule 1.

Section 3 Amendments to the County Court Fees Order 1982

(1) In article 4(1):—

(a) for the words from “No fee shall be payable” to “would otherwise become payable” there shall be substituted “In small claims proceedings, any fee payable under this Order by a party who, at the time when the fee becomes payable”; and

(b) after sub-paragraph (b) there shall be inserted:—

shall be limited to £10.

(2) In article 4(2):—

(a) for “reduce or remit a fee in any case” there shall be substituted “remit so much of any fee specified in Schedule 1 as exceeds £10 in any small claims proceedings”; and

(b) for “payment by a party who is an individual of any fee specified in Schedule 1” there shall be substituted “payment in full of that fee by any party who is an individual”.

(3) After article 4(3) there shall be inserted:—

(4) In this article, “small claims proceedings” means proceedings which are liable to be or have been referred for arbitration under Order 19, rule 3(1) and in which trial in court has not been ordered under Order 19, rule 3(2).

Section 4 Amendments to the County Court Fees Order 1982

In paragraph 1(b) of Schedule 1, after “originating document and” there shall be inserted “(except where Fee No. 1(iv) applies)”.

Section 5 Amendments to the County Court Fees Order 1982

The following shall be inserted after paragraph 5 of Schedule 1:—

(6) Where a bill for taxation is lodged by a party to proceedings who, if the bill is allowed at the full amount thereof, will be required to pay it, the fee prescribed at Fee No. 3(i) shall be limited to £50, unless the district judge orders that the full amount of the fee shall be payable.

Section 6 Amendments to the County Court Fees Order 1982

The entries in Column 2 in respect of each of the fees numbered in the Table below shall be replaced as shown in that Table.

TABLE

Section 7 Amendments to the County Court Fees Order 1982

For Fee No. 1 there shall be substituted the following:—

(1) COMMENCEMENT OF PROCEEDINGS

(1) On delivery of a counterclaim the same fee shall be payable as if the remedy or relief sought were the subject of separate proceedings.

(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

(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

(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

(iv) For the issue of any amended, second or subsequent summons or originating document, except in summons production centre cases

(v) For the issue of a third party notice under Order 112, Rule 1

Section 8 Amendments to the County Court Fees Order 1982

After Fee No. 2B there shall be inserted the following:—

(2C) APPLICATIONS ETC.

(i) On the issue of a witness summons

(ii) On an application by a judgment debtor to vary a judgment entered against him

(iii) On an application to set aside a judgment

(iv) On an application ex parte or by consent before a Circuit judge or a district judge, where no appointment is taken

(v) On an application on notice to a district judge

(vi) On an application on notice to a Circuit judge

Section 9 Amendments to the County Court Fees Order 1982

(1) For columns 1 and 2 in Fee No. 3 there shall be substituted the following:—

(3) TAXATION

(i) On the lodging of a bill of costs for taxation, subject to the provisions of paragraph 6 of this Schedule, for every £100 or part of £100 of the full amount of the bill

(ii) On the taxation of a bill of costs, for every £100 or part of £100 of the amount allowed

less any amount paid under Fee No. 3(i) in respect of the lodging of that bill

(iii) On an application to the judge to review a taxation

(2) In column 3 in Fee No. 3:—

(a) the entry numbered 3(i) shall be re-numbered as 3(ii);

(b) the entry at present numbered 3(ii) shall be omitted down to and including the words “section 70 of the Act”.

Section 10 Amendments to the County Court Fees Order 1982

(1) At the beginning of Fee No. 4, after “for” there shall be inserted “or in relation to”.

(2) After Fee No. 4(i)(b) there shall be inserted the following new fee:—

(i)

(c) By the issue of a second or subsequent 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

(3) After Fee No. 4(viii) there shall be inserted the following new fee:—

(ix) On an application by a judgment debtor to suspend a warrant of execution against goods, a warrant of possession or a warrant of delivery

Section 11 Amendments to the County Court Fees Order 1982

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

(6) For a copy of any document, or examining a plain copy and marking it as an office copy:

(a) per page for the first five pages of each document

(b) per page for subsequent pages