The Civil Proceedings Fees Order 2004

• Citation: S.I. 2004/3121
• Sections: 99

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Civil Proceedings Fees Order 2004 and shall come into force on the 4th January 2005.

(2) In this Order—

(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) “ CPC ” means Claim Production Centre;

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

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

(f) “family proceedings” means family proceedings in the High Court or in a county court as appropriate;

(g) “ LSC ” means the Legal Services Commission established under section 1 of the Access to Justice Act 1999 ;

(h) “Funding Code” means the code approved under section 9 of the Access to Justice Act 1999 ;

(i) “ GLO ” means a Group Litigation Order.

Section 2 Fees to be taken

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

Section 3 Fees to be taken

The provisions of this Order shall not apply to—

(a) non-contentious probate business;

(b) proceedings in the Court of Protection, except in so far as fees 1, 2, 3, 6, 9 and 10 in Schedule 1 (High Court only) are applicable;

(c) the enrolment of documents;

(d) criminal proceedings (except proceedings on the Crown side of the Queen’s Bench Division to which the fees contained in Schedule 1 are applicable);

(e) proceedings by sheriffs, under-sheriffs, deputy-sheriffs or other officers of the sheriff; and

(f) family proceedings.

Section 4 Exemptions, reductions, remissions and refunds

(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, as appropriate, either—

(i) representation under Part IV of the Legal Aid Act 1988 for the purposes of the proceedings; or

(ii) funding provided by the LSC for the purposes of the proceedings and for which a certificate has been issued under the Funding Code certifying a decision to fund services for that party.

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

(a) income support under the Social Security Contributions and Benefits Act 1992 ;

(b) working tax credit, provided that—

(i) child tax credit is being paid to the party, or otherwise following a claim for child tax credit made jointly by the members of a married couple or an unmarried couple (as defined respectively in section 3(5) and (6) of the Tax Credits Act 2002 which includes the party; or

(ii) there is a disability element or severe disability element (or both) to the tax credit received by the party;

and that the gross annual income taken into account for the calculation of the working tax credit is £14,600 or less;

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

(d) guarantee credit under the State Pension Credit Act 2002 .

(3) In the county courts paragraph (1) shall not apply to fee 7.8 (fee payable on a consolidated attachment of earnings order or an administration order).

Section 5 Exemptions, reductions, remissions and refunds

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 6 Exemptions, reductions, remissions and refunds

(1) Subject to paragraph (2), where a fee has been paid at a time—

(a) when, under article 4, it was not payable, the fee shall be refunded;

(b) where the Lord Chancellor, if he had been aware of all the circumstances, would have reduced the fee under article 5, the amount by which the fee would have been reduced shall be refunded; and

(c) where the Lord Chancellor, if he had been aware of all the circumstances, would have remitted the fee under article 5, the fee shall be refunded.

(2) No refund shall be made under paragraph (1) unless the party who paid the fee applies within 6 months of paying the fee.

(3) The Lord Chancellor may extend the period of 6 months referred to in paragraph (2) if he considers that there is good reason for an application being made after the end of the period of 6 months.

Section 7 Exemptions, reductions, remissions and refunds

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, in so far as they were made under sections 414 and 415 of the Insolvency Act 1986 and section 128 of the Finance Act 1990, shall be revoked.

Section 1

Commencement of proceedings (High Court and county court)

Section 1.1

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

Section 1.2

On the commencement of originating proceedings in the county court (including originating proceedings issued after leave to issue is granted) to recover a sum of money, except in CPC cases brought by Centre users:

Section 1.3

On the commencement of originating proceedings in the county court to recover a sum of money in Claim Production Centre cases brought by Centre users, where the sum claimed:

Section 1.4

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

Section 1.5

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

Section 1.6

On the filing of a counterclaim

Section 1.7

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

Section 1.8

(a) On the commencement of the judicial review procedure (applies to High Court only)

Section 1.8

(b) if the judicial review procedure has been commenced

Section 1.8

(c) if the claim for judicial review was commenced otherwise than by using the judicial review procedure

Section 2

General Fees (High Court and county court)

Section 2.1

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 2.4

In the High Court on filing:

Section 2.5

In the county court on filing—

Section 2.6

On an application on notice where no other fee is specified

Section 2.7

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

Section 2.8

On an application for a summons or order for a witness to attend court to be examined on oath or an order for evidence to be taken by deposition, other than an application for which fee 6.2 enforcement in the High Court or for which fee 7.3 is payable

Section 2.9

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

Companies Act 1985 and Insolvency Act 1986 (High Court and county court)

Section 3.1

On entering a bankruptcy petition:

Section 3.2

On entering a petition for an administration order

Section 3.3

On entering any other petition

Section 3.4

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

Section 3.4

(b) and after the first certificate for each copy

Section 3.5

On an application under the Companies Act 1985 or the Insolvency Act 1986 other than one brought by petition and where no other fee is specified.

Section 3.6

On an application for the conversion of a voluntary arrangement into a winding up or bankruptcy under Article 37 of Council Regulation ( EC ) No 1346/2000 .

Section 3.7

On an application, for the purposes of Council Regulation (EC) No 1346/2000 , for an order confirming creditors' voluntary winding up (where the company has passed a resolution for voluntary winding up, and no declaration under section 89 of the Insolvency Act 1986 has been made).

Section 3.8

On filing

Section 3.9

On submitting a nominee’s report under section 2(2) of the Insolvency Act 1986 or

Section 3.10

On filing documents in accordance with paragraph 7(1) of Schedule A1 to the Insolvency Act 1986

Section 3.11

On an application by consent or without notice within existing proceedings where no other fee is specified

Section 3.12

On an application with notice within existing proceedings where no other fee is specified

Section 4

Copy Documents (High Court, Court of Appeal and county court)

Section 4.1

On a request for a copy of any document (other than where fee 4.2 applies):

Section 4.2

On a request for a copy of a document required in connection with proceedings and supplied by the party making the request at the time of copying, for each page.

Section 4.3

On a request for a copy of a document on a computer disk or in other electronic form, for each such copy.

Section 5

Determination of costs (Supreme Court and county court)

Section 5.1

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

Section 5.2

On the filing of a request for a detailed assessment hearing in any case where fee 5.1 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 5.3

On a request for the issue of a default costs certificate