CIVIL PROCEDURE AND THE SECRET STATE: HOW FAR CAN IT GO?

2 Responses

1. 

   robertpettitt · February 27, 2014 at 19:39:41 · →

   By way of update (before I cause the spread of mis-information), the court has now confirmed that Part 8 is the procedural route. This accords with CPR 21.10.

   The court has, however, been informed by the Civil Business Improvement Centre (their words – presumably the Civil Business Centre) that the Part 8 fee no longer applies to this Part 8 route – because that makes sense! – and that instead the appropriate fee is the scaled issue fee.

   I have made a written request to the county court in question for a copy of the relevant letter/memo from the Civil Business Centre and will apply to the Civil Business Centre direct if I hit a brick wall.

   Just to be clear, my issue is with notional administrative decisions that contradict the CPR and the fees SI which result in the sort of situation where you either delay your client’s claim and incur costs persuading the court service that they are wrong or you have your arm twisted and accept the higher fee.

   I don’t want to distract from the much more important issue of court staff deciding limitation issues to the detriment of claimants.

   In relation to infant cases the issue of limitation is rarely going to come into things because of the fact that they have until they’re 21 to bring a claim (for PI anyway) and these claims do not need approval once the client hits 18. Obviously, the point still stands for those that lack capacity for other reasons.

   I will drop a comment when I hear back from the court.

2. 

   Robert Pettitt · May 1, 2014 at 15:24:32 · →

   And I do two months on:

   —–Original Message—–
   From: X On Behalf Of MOJ Fees Policy
   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

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