Court Fee Increase from 30th September 2021

21st September 2021

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by Marcus Chapman, Solicitor, Senior Associate, Civil Litigation Department

Following consultation, the Ministry of Justice has now confirmed that 129 court fees will increase from the end of September 2021 despite strong opposition.

The reasoning behind the increase is that fees are only being uplifted by inflation rather than there being any ‘real’ increase.

Fees in the County Court Business Centre (CCBC) which typically has been cheaper due to papers being able to be logged online will additionally be increased to the same level as those issued in the County Court Money Claims Centre and paper issued claims.

In the County Court, the issue fees for claims seeking ‘any other remedy’ are set to increase, additionally to the High Court fees which are increasing from £528 to £569.

General applications on notice fees will increase from £255 to £275.00. Those without notice will increase from £100 to £108.

A more detailed graduated level of hearing fees has been introduced in the small claims court:

  1. £27 for claims up to £300, up from £25
  2. £59 for claims over £300 and up to £500, up from £55.00
  3. £85 for claims over £500 and up to £1000, up from £80.00
  4. £123 for claims over £1000 and up to £1500 up from £115
  5. £181 for claims over £1500 and up to £3000, up from £170
  6. £346 for claims over £3000, up from £335.

The Multi-track hearing fees will be increased from £1,090 to £1,174, a rise of £84. There appears to be no increase to the fast track hearing fee.

For insolvency matters, the Bankruptcy Petition fee will increase from £280 to £302. There is no similar increase for a creditor’s winding up petition. Further, the fee for converting a voluntary arrangement to a winding up will be increased from £160 to £172, but again no mention is made as to whether this rise will also apply for converting an IVA to bankruptcy.

Fees for enforcement in the County Court are increasing by £9 each for such procedures as, Attachment of Earning, Third Party Debt Orders and Charging Orders. In the High Court, the fee for sealing a Writ of Control, Possession or Delivery will increase from £66 by £5 to £71.

Not only are fees increasing but the level at which the Ministry of Justice will allow Help With Fees is being increased. For those court users whom are not in receipt of  benefits, the threshold for a single person’s monthly before-tax income is to increase to £5170 from £5085. Couple’s premiums and child premiums will be £175 and £265 respectively. If you earn in excess of these limits you will be ineligible for Help With Fees.

The current court fees in force at any given time when you are proposing to issue court process are found online at https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1011044/ex50a-eng.pdf

 

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This article aims to supply general information, but it is not intended to constitute advice. Every effort is made to ensure that the law referred to is correct at the date of publication and to avoid any statement which may mislead. However, no duty of care is assumed to any person and no liability is accepted for any omission or inaccuracy. Always seek advice specific to your own circumstances.  Fraser Dawbarns LLP are always happy to provide such advice.

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