THE APPROPRIATE FEE FOR PART 8 APPLICATIONS: CLARIFICATION AT LAST

Mediatelegal

In a post in February “Civil Procedure and the Secret State” complaints were made of a “secret” policy introduced by the courts of changes to a demand that Part 7 proceedings be issued instead of Part 8 proceedings and that higher court fees were being charged.

CLARIFICATION AT (LONG) LAST

This was brought to light by Robert Pettit.  Robert has posted the reply from the Court Service today by way of a further comment today on the blog which is important and which I repeat here to ensure that it is given its proper due.

“Sent: 30 April 2014 11:26

To: ‘Rob Pettitt’
Subject: RE: CLARIFICATION ON FEES

Dear Mr Pettitt,

Thank you for your email. We apologise for the delay in responding to your query below.

I can confirm that a Part 8 claim for approval does not attract fees for issuing a claim to recover monies (pursuant of paragraph 1.1 of schedule 1 of the Civil Proceedings Order 2008) but the fee applicable for an alternative remedy is (pursuant to Paragraph 1.5 of Schedule 1 to the Civil Proceedings Fees Order 2008).

There has been some inconsistencies in the courts around fees being charged in money claim fee and fee applicable for an alternative remedy (pursuant to paragraph 1.5 of Schedule 1 to the Civil Proceedings Fees Order 2008).

We are currently working to rectify this problem, once this is done customers would be notified.

Please do not hesitate to contact me if you need any further information.

Kind Regards

X
Law and Access to Justice Group
4th Floor , Post Point 4.38 (Blue Core)
102 Petty France, London
SW1H 9AJ”