The County Court Fees Order 1999

• Citation: S.I. 1999/689
• Sections: 48

Section 1 Citation and commencement

This Order may be cited as the County Court Fees Order 1999 and shall come into force on 26th April 1999.

Section 2 Interpretation

In this Order, unless the context otherwise requires–

(a) a fee referred to by number means the fee so numbered in Schedule 1 to this Order;

(b) “ CCBC ” means County Court Bulk Centre;

(c) “the CPR ” means the Civil Procedure Rules 1998 ;

(d) expressions also used in the CPR have the same meaning as in those Rules; and

(e) “ CPC ” means Claim Production Centre.

Section 3 Fees to be taken

The fees set out in column 2 of Schedule 1 to this Order shall be taken in county courts in respect of the items described in column 1 in accordance with and subject to the directions specified in column 1.

Section 4 Fees to be taken

The provisions of this Order shall not apply to family proceedings.

Section 5 Exemptions, reductions and remissions

(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 any qualifying benefit, and

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

(2) The following are qualifying benefits for the purposes of paragraph (1)(a) above–

(a) income support;

(b) family credit and disability working allowance under Part VII of the Social Security Contributions and Benefits Act 1992 ; and

(c) income-based jobseeker’s allowance under the Jobseekers Act 1995 .

(3) Paragraph (1) shall not apply to fee 4.8 (fee payable on a consolidated attachment of earnings order or an administration order).

Section 6 Exemptions, reductions and remissions

Where it appears to the Lord Chancellor that the payment of any fee prescribed by this Order would, owing to the exceptional circumstances of the particular case, involve undue financial hardship, he may reduce or remit the fee in that case.

Section 7 Exemptions, reductions and remissions

Where by any convention entered into by Her Majesty with any foreign power it is provided that no fee shall be required to be paid in respect of any proceedings, the fees specified in this Order shall not be taken in respect of those proceedings.

Section 8 Revocations

The Orders specified in Schedule 2 shall be revoked, except as to any fee or other sum due or payable under those Orders before the commencement of this Order.

Section 1.1 Commencement of proceedings

On the commencement of originating proceedings (including originating proceedings issued after leave to issue is granted) to recover a sum of money, except in CPC cases, where the sum claimed:

Section 1.2

On the commencement of originating proceedings to recover a sum of money in CPC cases, where the sum claimed:

Section 1.3

On the commencement of originating proceedings for any other remedy or relief (including originating proceedings issued after leave to issue is granted)

Section 1.4

On the filing of proceedings against a party or parties not named in the originating proceedings

Section 1.5

On the filing of a counterclaim

Section 1.6

(a) On an application for leave to issue originating proceedings

Section 2.1 General Fees

On the claimant filing an allocation questionnaire; or

Section 2.2

On the claimant filing a listing questionnaire; or

where the court fixes the trial date or trial week without the need for a listing questionnaire, within 14 days of the date of despatch of the notice (or the date when oral notice is given if no written notice is given) of the trial week or the trial date if no trial week is fixed

Section 2.3

On filing notice of appeal including an appeal against an allocation decision where no other fee is specified

Section 2.4

On an application on notice other than an application to fix the rate of payment before judgment where no other fee is specified

Section 2.5

On an application by consent or without notice for a judgment or order where no other fee is specified

Section 2.6

On an application for a summons or order for a witness to attend court to be examined on oath, other than an application for which fee 4.3 is payable

Section 2.7

On an application to vary a judgment or suspend enforcement (where more than one remedy is sought in the same application only one fee shall be payable)

Section 3.1

On the filing of a request for detailed assessment where the party filing the request is legally aided and no other party is ordered to pay the costs of the proceedings

Section 3.2

On the filing of a request for a detailed assessment hearing in any case where fee 3.1 does not apply; or on the filing of a request for a hearing date for the assessment of costs payable to a solicitor by his client pursuant to an order under Part III of the Solicitors Act 1974

Section 3.3

On an application for the issue of a default costs certificate

Section 3.4

On an appeal against a decision made in detailed assessment proceedings or on an application to set aside a default costs certificate

Section 3.5

On applying for the court’s approval of a Legal Aid Assessment Certificate

Section 4.1 Enforcement

On an application for or in relation to enforcement of a judgment or order of a county court or through a county court:

Section 4.2

On a request for a further attempt at execution of a warrant at a new address following a notice of the reason for non-execution (except a further attempt following suspension and CCBC cases)

Section 4.3

On an application to question a judgment debtor or other person on oath in connection with enforcement of a judgment

Section 4.4

On an application for a garnishee order nisi or a charging order nisi, or the appointment of a receiver by way of equitable execution

Section 4.5

On an application for a judgment summons

Section 4.6

On the issue of a warrant of possession or a warrant of delivery

Section 4.7

On an application for an attachment of earnings order (other than a consolidated attachment of earnings order) to secure payment of a judgment debt

Section 4.8

On a consolidated attachment of earnings order or on an administration order

Section 4.9

On the application for the recovery of a tribunal award

Section 4.10

On a request for an order to recover an increased penalty charge provided for in a parking charge certificate issued under paragraph 6 of Schedule 6 to the Road Traffic Act 1991 or on a request for an order to recover amounts payable by a person other than a London authority under an adjudication of a parking adjudicator pursuant to section 73 of the Road Traffic Act 1991;

on a request to issue a warrant of execution to enforce such an order

Section 5.1 Sale

For removing or taking steps to remove goods to a place of deposit

Section 5.2

For advertising a sale by public auction pursuant to section 97 of the County Courts Act 1984

Section 5.3

For the appraisement of goods

Section 5.4

For the sale of goods (including advertisements, catalogues, sale and commission and delivery of goods)

Section 5.5

Where no sale takes place by reason of an execution being withdrawn, satisfied or stopped

Section 6.1 Copy documents

On a request for a copy of any document (including a faxed copy where requested) or for examining a plain copy and marking it as an office copy;

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

Section 6.2

Where copies of any document are made available on a computer disk or in other electronic form, for each such copy

Section 7.1 Registry of County Court Judgments

On a request for the issue of a certificate of satisfaction

Section 8.1 Companies Act 1985 and Insolvency Act 1986

On entering a bankruptcy petition:

(a) if presented by a debtor or the personal representative of a deceased debtor

Section 8.2

On entering a petition for an administration order

Section 8.3

On entering any other petition

Section 8.4

(a) On a request for a certificate of discharge from bankruptcy