CLAIMANT WHO FAILS TO OBTAIN COURT FEE REMISSION – CAN RECOVER THE COURT FEE ON APPEAL: CIRCUIT JUDGE DECISION ON APPEAL
I am grateful to Jon Heath from Levins,solicitors, for sending me a copy of the decision of HHJ Lethem in Ivanoy -v- Lubble (Central London County Court 17th January 2020). This relates to the issue of whether a claimant, eligible for remission from court fees but who fails to obtain remission, can recover the costs of those fees from the defendant.
“…. I am satisfied that it is not unreasonable for the Claimant to pass on the hearing fee to the Defendant”
The claimant brought a claim for damages for personal injury. It was issued under Part 7. It settled for £6,500. There was an issue over costs and the claimant issued a Part 23 application seeking an order for, and assessment, of costs. One of the issues the court had to decide was whether the court fee for the hearing should be recovered, the defendant arguing that the claimant could have obtained remission of the fee.
The judge considered whether it was reasonable for the claimant, who had not claimed fee remission, to recover the court fee from the defendant. It was held that the claimant could recover the fee.