MITIGATING THE IMPACT OF THE COURT FEE INCREASE 2: FEE REMISSION – EVERY LITIGATOR HAS TO KNOW THIS NOW
This is the second in the series of posts on mitigating the impact of the court fee increase. Not for the first time Kerry Underwood has got to this point already. I am not going to repeat anything Kerry says in his blog which sets out the principles with clarity.
Before a claimant issues proceedings the lawyer must know, with total certainty, that the claimant is not entitled to fee remission. The amounts involved are now large and an argument that court fees should not have been paid could (and probably will) eliminate any profit in the handling of the case.
It is not unusual to see points of dispute asserting that a claimant could have obtained fee remission. This issue is going to become even more acute after the 9th March.
Further I have had reports of some courts being actively hostile and simply refusing to entertain applications for fee remission. If this (or remains) the case it would be useful to share details of this.
- HM Courts and Tribunal Service have a general explanation here.
- The Forms and Guidance can be found here
- The explanatory leaflet is here
- The Fee Remissions Order itself can be found here http://www.legislation.gov.uk/uksi/2013/2302/note/made
- The calculations are somewhat intricate and useful guidance can be found
- http://www.justice.gov.uk/courts/fees (this includes a link to a fee remission calculator).
- The form for an emergency application and an application to dispense with fees can be found at http://www.justice.gov.uk/downloads/forms/hmcts-fees/ex160aeng.pdf
- The New Law Journal has an article by Peter Thompson QC “Could fee remission mitigate the legal aid drought?”
- The Supreme Court Practice Direction on waiver of Court fees is summarised here.
OTHER POSTS ABOUT COURT FEES