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Court Fees - More increases on the way

On 9 March 2015 substantial increases in the fees to issue a claim were introduced. Claims over £10,000 now incur a court fee equal to 5% of the claim up to a maximum of £10,000. Claims issued via Money Claim Online benefit from the slightly reduced rate of 4.5%.

The Ministry of Justice (MoJ) has also consulted in relation to increasing the fees for possession claims and general applications in civil proceedings. The MoJ has now confirmed that there will be an:

  • Increase in the fees for issuing a possession claim in the County Court by £75, from £280 to £355;
  • Increase in the fees for general applications in civil proceedings (except applications to vary or extend an injunction for protection from harassment or violence, applications for a payment to be made from funds held in court and applications made in proceedings brought under the Insolvency Act 1986):
    • From £50 to £100 for an application by consent;
    • From £155 to £255 for a contested application made on notice.
However, it does not stop there. The MoJ has announced another consultation on proposals for yet more increases, including:
  • An increase in the maximum fee for money claims (including counterclaims) from the recently introduced cap of £10,000 to at least £20,000. Personal injury and clinical negligence claims would be excluded from this higher cap;
  • An uplift of 10% for all remaining fees charged in the civil court system. This proposal would not include any of the fees that have already been increased above cost, but would include the fees for judicial review, assessment of costs and enforcement proceedings, as well as all civil proceedings in the High Court, County Court, Magistrates Court and the Court of Appeal.
It is not yet known when the new increases will take effect as a Statutory Instrument must be laid before Parliament but it is likely to be within the next six months.

Posted on 08/05/2015 by Ortolan

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