COURT FEES AND STEALTH TAXES: REPAYMENT OF TRIAL FEES TO END NEXT YEAR
Thanks to Kerry Underwood for pointing out the provisions of The Civil Proceedings Fees (Amendment) Order 2016 which comes into force on the 6th March 2017. There is a hidden “tax” in that the repayment of court fees has ended.
THE NEW RULES
The rules amend Schedule 1(3) of the Civil Proceedings Fee Order – Schedule 1(3)
THE END OF REFUNDS OF TRIAL FEES
What is far from clear, unless you read the explanatory text
“Article 2 amends the timescales in which fee 2.1 is payable. This is the fee payable prior to a trial for cases allocated to the small claims track, fast track and multi-track in the High Court and county court. Article 2 also removes the availability of refunds for these types of cases where they have been settled or discontinued.”
WHEN THE RULES COME INTO EFFECT
3.—(1) The amendments made by this Order have no effect in relation to a case in which the court gives notice of the trial date or the start of the trial period before 6th March 2017.
(2) For the purposes of this article—
(a)where notice of the trial date or the start of the trial period is in written form, the notice is given on the date that it is sent out from the court;
(b)subject to sub-paragraph (c), where oral notice is given, the notice is given on the date that the oral notice is communicated by the court; and
(c)where notice is both in written form and given orally, the notice is given on the date that the written notice is sent out from the court.
THE TABLE OF FEES
| “2.1 On the court fixing a trial date or trial period for a case allocated to: | |
| (a) the multi-track; | £1,090 |
| (b) the fast track; | £545 |
| (c) the small claims track where the sum claimed: | |
| (i) does not exceed £300; | £25 |
| (ii) exceeds £300 but does not exceed £500; | £55 |
| (iii) exceeds £500 but does not exceed £1,000; | £80 |
| (iv) exceeds £1,000 but does not exceed £1,500; | £115 |
| (v) exceeds £1,500 but does not exceed £3,000; | £170 |
| (vi) exceeds £3,000. | £335 |
| Where notice of trial date or trial period is given by the court 36 days or more before the trial date or the Monday of the first week of the notified trial period, fee 2.1 is payable at least 28 days prior to the trial date or the Monday of the first week of the notified trial period. | |
| Where notice of trial date or trial period is given by the court less than 36 days before the trial date or the Monday of the first week of the notified trial period, fee 2.1 is payable within 7 days after the date on which such notice is given. | |
| Where the court gives notice of both a trial date and a trial period, the fee is payable by reference to the Monday of the first week of the notified trial period. | |
| Written notice is given on the date on which the notice is sent out from the court. Oral notice is given on the date on which the notice is communicated by the court. Where notice is both in written form and given orally, the notice is given on the date that the written notice is sent out from the court. | |
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Where an application for fee remission is refused in whole or in part, fee 2.1 (or the amount of the fee which remains unremitted) is payable either: (a) within 7 days after the court giving notice of refusal of fee remission (or refusal in part); or (b) at least 28 days prior to the trial date or the Monday of the first week of the notified trial period, whichever is latest. |
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| Fee 2.1 is payable by the claimant except where the action is proceeding on the counterclaim alone, when it is payable by the defendant. | |
| Fee 2.1 is not payable in respect of a case where the court fixed the trial date on the issue of the claim.” |