SUCCESSFUL APPEAL OF A DECISION NOT TO PROVIDE COURT FEE REMISSION: GUIDANCE ON HOW TO APPEAL REFUSAL TO GRANT REMISSION

I am grateful to solicitor Anthony McCarthy for sending me brief details of a successful appeal against a decision refusing remission of court fees.   Anthony states that successful appeals are very rare.

ANTHONY’S NOTE ON THE APPEAL

Fee was £10k for PI claim exceeding 200k.

C not currently working so issue was wife’s income. HMCS asked for docs inc payslips.

She did not provide payslips(didn’t have them) but did send P60 and bank statements as evidence of income at relevant time. Application turned down by HMCS on grounds that all required docs not sent even though evidence of wages was provided.

Also, EX160 had used average monthly pay based on P60 which was not the pay for period when fee paid so also refused on this ground.

When this simple error pointed out plus the fact that evidence of income at relevant time had been provided appeal was successful.

Note: only 14 days to appeal from refusal, time limits are deliberately tight. Also, no requirement to file earnings info with Ex160 but they will be requested later so obtain from C (and partner) and make sure the figures in EX160 are consistent with them. Many sols just send to C and let them complete.

GUIDANCE ON APPEALING

There is detailed guidance on How to apply for help with fees in booklet EX160A.  As Anthony states, note the very short time period for appealing.

 

“How to appeal

You can appeal if your application for help with your fee is unsuccessful and you don’t agree with the decision. You need to write to the court or tribunal’s ‘delivery manager’ by the date stated in your refusal letter (this will usually be about 14 days from when you receive the letter). Say why you are not happy with the decision and include any evidence that will support your appeal.
You will hear from the delivery manager within 10 working days.
If the delivery manager refuses your appeal, you have the right to contact the court or tribunal’s ‘operations manager’ within 14 days from the date your appeal was refused. They will look at your application for an appeal and make a final decision.