REMEMBER NEW COURT FEES CAME INTO FORCE TODAY: SEE THEM HERE
There are significant changes to court fees coming into force today. Some 170 fees have increased in line with inflation. Four sets of fees have been reduced to reflect reductions in their underlying costs. In addition there are new probate fees,…
NEW COURT FEES COMING INTO FORCE ON THE 13th JULY 2026: SOME BRAND NEW PROVISIONS AND THE INFLATIONARY INCREASES: THE CIVIL AND FAMILY COURTS, THE MAGISTRATES’ COURT, THE LANDS CHAMBER (AND MANY OTHERS)
Some significant changes are taking place in court fees on the 13th July 2026. Some 170 fees will increase in line with inflation. Four sets of fees will be reduced to reflect reductions in their underlying costs. In addition there…
IS AN APPLICATION VALID IF THE INCORRECT COURT FEE IS PAID? THE ISSUES CONSIDERED…
We have had a flurry of cases recently about the consequences of failing to pay the correct fee when issuing proceedings. Here we have a case where the court considers the implications of a failure to pay the correct fee…
AN APPEAL WAS LODGED IN TIME: SOMETIMES THE COURT DOES NOT HELP – BUT HINDER: “I HAVE CONCLUDED THAT THE COURT THWARTED THE LITIGANT’S PROPER AND REASONABLE ATTEMPT TO BRING THE APPEAL IN TIME”
Here we have a case where an important time limit was, on the face of it missed, because the court itself “thwarted” genuine attempts to lodge an appeal in time. It is an object lesson the care that needs to…
ANOTHER CASE ON FAILING TO PAY THE COURT FEE: AN APPEAL WAS STILL LODGED IN TIME EVEN THOUGH NO FEE WAS PAID AT ALL
Here we have a case that extends the principles in Siniakovich v Hassan-Soudey. The Court of Appeal held that a statutory appeal was lodged within time, even though it was sent by email to the court and no fee was…
IMPORTANT COURT OF APPEAL DECISION TODAY: A CLAIM IS BROUGHT WHEN A CLAIM FORM IS SENT TO THE COURT EVEN IF IT DOES NOT HAVE THE CORRECT ISSUE FEE
This Court of Appeal decision today clarifies the position when a claimant files a claim at court but mistakenly does not pay the correct fee. The Court held that the claim was “delivered” when the claim was filed at court….
YOU HAVE TO PAY THE FULL COURT FEE: THE FACT THAT A COURT HAS ACCEPTED A FEE DOES NOT RENDER IT “FUNCTUS OFFICIO”
Here we have an ingenious argument that a court could not claim a higher court fee. It was an ingenious argument that failed. This shows the importance of claimants knowing the value of a case when they issued, and the…
THE COURT FEE WAS NOT PAID UPON ISSUE MEANS PROCEEDINGS WERE NOT ISSUED ON TIME. IT IS AS SIMPLE AS THAT
Here we have an all too familiar story of a claimant’s case coming to grief because proceedings were not issued in time. The unusual aspect is that this happened because his solicitors lodged papers at court asserting that no court…
CHANGE IN COURT FEES FROM 8th APRIL 2025: LINK TO THE PRACTICE DIRECTION
An earlier post set out the changes to court fees that are coming into force on the 8th April 2025. The Practice Direction that brings those changes into force has now been passed. THE PRACTICE DIRECTION The Court and…
COURT FEES ARE GOING UP SOON: MOJ PRESS RELEASE STATES FEES WILL CHANGE IN EARLY APRIL 2025
A press release from the Ministry of Justice states that Court fees are to increase in early April (but there are some decreases). The release can be found here. “In early April 2025, and subject to parliamentary approval, the…
INCREASE IN COURT FEES FROM THE 1ST MAY 2024
Court fees increased from the 1st May. Details of all court fees increased can be seen here. The increases apply in family and tribunal proceedings in addition to civil cases. 172 court fees have been increased by 10%. Here we…
THE DANGERS OF RUNNING UP TO DEADLINES AND LEAVING MATTERS LATE FOR COMPLIANCE: DEFENDANT HAD FAILED TO FILE WITH COURT ORDERS: REFUSAL TO GRANT RELIEF FROM SANCTIONS UPHELD ON APPEAL
The judgment of Mr Justice Ritchie in Jaiyesimi v Kukoyi [2024] EWHC 164 (KB) has many important lessons for litigators. Firstly the need for the fee to be paid in order that an application is properly made. Secondly the dangers…
HELP WITH COURT FEES: NEW FORMS AND NEW ELIGIBILITY CRITERIA: WHERE TO FIND THE NEW GUIDANCE AND FORMS
A reminder that the financial eligibility criteria for help with court fees was changed from the 27th November 2023. There are also new court forms designed to make the process (which can be somewhat tortuous) simpler. Close-up of British bank…
CHANGES IN ELIGIBILITY FOR COURT FEE REMISSION: THE COURTS AND TRIBUNALS (FEE REMISSION AND MISCELLANEOUS AMENDMENTS) ORDER 2023
The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 increases the capital and income limits for fee remission from the 27th November 2023. The Order is available here. The explanatory notes are set out below. CAPITAL CHANGES…
CAN A CLAIMANT RECOVER MORE THAN THEY HAVE CLAIMED IN THE CLAIM FORM? YES THEY CAN…
We will be looking several aspects of the judgment of Jason Beer KC (sitting as a High Court Judge) in Celebrity Speakers Ltd v Daniel & Ors [2023] EWHC 2158 (KB). The first issue is a surprisingly common one. Can…
ANOTHER CLAIM FORM ISSUE: NO SEAL NO CASE: “SERVICE MEANS HAVING A SEALED CLAIM FORM IN HAND WHICH CAN BE PROVIDED TO THE DEFENDANT”
In Clewer v Higgs & Sons (a firm) [2023] EWHC 1556 (Ch) Mr Justice Adam Johnson upheld a decision that the claimants had failed to serve a claim form properly. The judge held that the requirement to serve a sealed…
FAILURE TO PAY CORRECT COURT FEE WHEN LODGING PROCEEDINGS AT COURT MEANS ACTION BITES THE DUST: CPR 3.9 AND 3.10 CANNOT HELP
In Peterson & Anor v Howard De Walden Estates Ltd [2023] EWHC 929 (KB) the unfortunate claimant failed to fail the correct fee. The court declined to issue proceedings. Consequently the claim was out of time Mr Justice Eyre held…
COST BITES 49: ARE THE COSTS OF A MEDICAL AGENCY RECOVERABLE IN THE FIXED COSTS REGIME? DISTRICT JUDGE FINDS THAT THEY ARE
Are the costs of a medical agency recoverable under the fixed costs regime? I am grateful to barrister John Meehan for sending me a copy of the judgment of District Judge Phillips in Wilkinson-Mulvaney -v- UK Insurance Ltd (19th January…
FEE REMISSION: USEFUL LINKS AND GUIDANCE
The recent decision in Gibbs -v- King’s College NHS Foundation Trust (11/11/2021) highlights the need to keep issues of fee remission at the forefront of consideration, particularly when issuing proceedings. There is no guarantee at all that a party will recover…
A PARTY WHO DOES NOT OBTAIN DISPENSATION FROM FEES, IF AVAILABLE, SHOULD NOT EXPECT TO RECOVER THE FEES: COST JUDGE DECISION
I am grateful to Yvonne Booth from Keoghs, solicitors, for sending me a copy of the judgment of Costs Judge Rowley in Gibbs -v- King’s College NHS Foundation Trust (11/11/2021) a copy of which is available here Judgment Gibbs v…
THE COURT OF APPEAL AND FAILURE TO PAY THE TRIAL FEE: RELIEF FROM SANCTIONS GRANTED EVEN THOUGH NO FORMAL APPLICATION WAS BEFORE THE COURT
In the judgment in Boodia v Yatsyna [2021] EWCA Civ 1705 the Court of Appeal allowed a decision that a Circuit Judge had made with a heavy heart. The judgment reviews the cases in relation to non-payment, or late payment,…
COURT FEES INCREASE: READ ALL ABOUT IT: COMING TO A COURT NEAR YOU SOON
After a consultation process the Ministry of Justice has produced “Court and Tribunal Fees The Government response to the consultation on ‘Increasing selected court fees and Help with Fees income thresholds by inflation’ IN A NUTSHELL Court fees will be…
RELIEF FROM SANCTIONS GRANTED ON APPEAL WHERE A PARTY FAILED TO PAY THE COURT FEE
In Silber v London Borough of Barnet (HOUSING – CIVIL PENALTY – case struck out by FTT for failure to pay the hearing fee – criteria for relief from sanctions) [2021] UKUT 206 (LC) the Upper Tribunal allowed an appeal…
AN APPLICATION THAT WAS “OPPORTUNISTIC AND WITHOUT MERIT”: NON-PAYMENT OF THE COURT FEE WITHIN EXISTING PROCEEDINGS DOES NOT GIVE RISE TO A LIMITATION DEFENCE: JARNDYCE -v- JARNDYCE CONSIDERED IN THE COURT OF APPEAL
The issue of non-payment, or under-payment, of court fees was considered by the Court of Appeal in the judgment today in Butters & Anor v Hayes [2021] EWCA Civ 252. THE CASE During the course of an action the court…
FAILURE TO COMPLY WITH CIVIL PROCEDURE RULES AND PAY CORRECT COURT FEE CAN (BUT DIDN’T) LEAD TO AN ACTION BEING STRUCK OUT
In Udeshi & Ors v Sieratzki [2021] EWHC 213 (Ch) Master Kaye considered an argument that a failure to pay the correct fee, and other breaches of the CPR, should lead to an action being struck out. Given that the…
THE CORRECT COURT FEE WHEN ADDITIONAL PARTIES ARE JOINED INTO AN ACTION: NOT £55 BUT £10,000 (OH, AND YOU CAN’T RELY ON WHAT THE COURT TOLD YOU…)
There are not many cases where a judge is asked to determine what the appropriate court fee should be. However this is precisely what occurred in the judgment of HHJ Pearce in Walayat & Ors v Berkeley Solicitors Ltd [2021]…
THE ROYAL COURTS OF JUSTICE FEES OFFICE CLOSED: EMAIL ADDRESSES TO CONTACT
A HCMTS notice states that the RCJ Fees Office is closed. It gives appropriate email addresses. The Royal Courts of Justice Fees Office will close to the public until further notice (1 April 2020). Court users are advised to contact…
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 Ivanov -v- Lubble (Central London County Court 17th January 2020). This relates to the issue of whether a claimant, eligible…
CIVIL PROCEDURE AND COSTS: BLOG AND ARTICLES ROUND UP – DECEMBER 2019
Links and articles to blog posts and articles available online from December 2019. Costs Costs Barrister Cash flow and catastrophic personal injury litigation Costs Barrister Fixed costs and translation fees Association for Costs Lawyers Court can order costs in foreign…
GETTING AWAY FROM THE PROTOCOL: MEANING OF “HARM”, “VULNERABLE ADULT” AND THE REASONABLE VALUATION OF A CLAIM AT MORE THAN £25,000
In Scott v Ministry of Justice [2019] EWHC B13 (Costs) Deputy Master Friston considered whether a case fell outside the fixed costs regime of the Employers Liability Protocol as a result of the identity of an assailant. It transpired that…
HIGH COURT ALLOWS RELIEF FROM SANCTIONS APPEAL FAILING A FAILURE TO PAY THE TRIAL FEE ON TIME
In Badejo v Cranston [2019] EWHC 3343 (Ch) Mr Justice Fancourt overturned the decision of a Circuit Judge and granted relief from sanctions to a claimant who had failed to pay the trial fee in time. One issue related to…
APPLYING FOR DISPENSATION FROM COURT FEES: TWO DIFFERENT CASES
I am grateful to my colleague Paul Hughes for sending me a copy of the judgment of District Judge Jenkinson in the case of Stone -v- Allianz Insurance PLC where Paul acted for the defendant. This, and the case of…
ONE PLUG: COURT FEES – AVOIDING THE PITFALLS: WEBINAR 25th SEPTEMBER 2019
Just one plug this time. For the webinar on Court Fees on the 25th September. COURT FEES: AVOIDING THE PITFALLS On the 25th September at 1.pm, I am giving a webinar “Court fees: Avoiding the pitfalls – fees, fee remission, abuse…
WEBINARS: (1) LOSS OF EARNINGS (2) COURT FEES – AVOIDING THE PITFALLS: TWO PLUGS
Just a brief reminder of two webinars this month: one on loss of earnings, the other on court fees and associated issues. CLAIMS FOR LOSS OF EARNINGS This webinar “Claims for loss of earnings: law, procedure and evidence, prove it…
WEBINAR ON THE 25th SEPTEMBER 2019: COURT FEES: AVOIDING THE PITFALLS
On the 25th September at 1.pm, I am giving a webinar “Court fees: Avoiding the pitfalls – fees, fee remission, abuse of process and striking out”. The webinar deals with practice and procedure relating to court fees, including failure to…
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…
COURT FEE REMISSION: USEFUL LINKS AND GUIDANCE
The earlier post reporting that a defendant had been ordered to pay the claimant’s court fees despite the claimant being entitled to remission has led to a lot of discussion on Twitter. Responses range from “that’s right” to “what on…
ARGUMENT THAT DEFENDANT NOT LIABLE TO PAY COURT FEES SENT TO COVENTRY
I am grateful to Michael Fletcher from Glaisyers Solicitors LLP for sending me a copy of a note of a judgment from Coventy County Court yesterday in Cook -v- Malcolm Nicholls Limited. It is a case concerning whether the claimant…
THE CORRECT FEE ON A PART 8 APPLICATION: DON’T LET THE COURT STAFF MAKE YOU HAND OVER MONEY FOR NOTHING
A Twitter conversation this morning came up with the old chestnut of court staff informing a solicitor that the court fee to be paid on a Part 8 application for approval was identical to that on a Part 7 claim. …
FIFTH BIRTHDAY REVIEW 9: COURT FEES, FEE REMISSION AND LIMITATION STANDSTILL AGREEMENTS
This is the penultimate post looking back at key series of the past five years. I am here revisiting two aspects of the law relating to court fees. Firstly the series on mitigating the effect of the (ridiculous) increase in…
STAGE 3 ISSUE FEES: COURT REPAYS OVERPAID FEES: GOOD NEWS FROM LIVERPOOL
In January this year I blogged about correspondence I had received from Jon Heath, a solicitor at Levins, in Liverpool about the courts overcharging on Stage 3 issue fees. Yesterday I received an email from Jon telling me that the…
COURT FEES AND STRIKING OUT: CROSS -v- BLACK BULL: PERMISSION TO APPEAL REFUSED
In January this year I reported the judgment in Cross-v- Black Bull (Doncaster) Limited* (Sheffield County Court 21st December 2017) 072 – Cross v Black Bull – Judgment.Where HH Judge Robinson allowed an appeal where the District Judge had struck out a case…
COURT FEES AND STRIKING OUT: APPEAL AGAINST STRIKING OUT ALLOWED: CROSS -v- BLACK BULL – THE FULL JUDGMENT
I reported the judgment in Cross-v- Black Bull (Doncaster) Limited* (Sheffield County Court 21st December 2017) at the end of last year. The full judgment is now available and is attached here 072 – Cross v Black Bull – Judgment A SUMMARY The…
TWO ISSUES RELATING TO COSTS: STAGE 3 ISSUE FEES; COSTS BUDGETING IN FATAL CASES WHERE THERE IS A CHILD DEPENDENT
I had an interesting email this morning from Jon Heath, solicitor at Levins, Liverpool. It deals with two distinct issue: Stage 3 issue fees. Costs budgeting in a fatal case where there is a child involved. STAGE 3 ISSUE FEES….
“THE CONSTITUTIONAL RIGHT OF ACCESS TO THE COURTS IS INHERENT IN THE RULE OF LAW”: THE JUDGMENT OF THE SUPREME COURT: EDITED HIGHLIGHTS
The decision of the Supreme Court in UNISON, R (on the application of) v Lord Chancellor [2017] UKSC 51 may have wide ramifications. Certainly its impact will go well beyond employment law. The Supreme Court set out, in clear and absolute…
WISEMAN -V- MARSTON: COURT FEES CASE: TRANSCRIPT NOW AVAILABLE
The transcript of the judgment in the Wiseman -v- Marston case is now available. I have included it as an attachment to the previous posts on the case. The links are also available here. THE JUDGMENT AND COURT OF APPEAL…
TALES FROM THE APIL CONFERENCE V: COURT FEE REMISSION: USEFUL LINKS
I attended the session on court fees. One part of this related to the increasing importance of court fee remissions. Claimants have to know the rules and, before they pay any fee, be certain that their client is eligible. Sometimes…
WISEMAN -V- MARSTON: THE UNDERPAYMENT OF COURT FEES: DEFENDANT’S APPLICATION FOR PERMISSION TO APPEAL REFUSED
In December last year I reported on the decision in Wiseman -v- Marston’s PLC (Sheffield County Court 21st December 2016). His Honour Judge Robinson allowed the claimant’s appeal in a case relating to payment of court fees. The defendant applied for…
TALES FROM THE APIL CONFERENCE II: THE ONGOING DEBATE ABOUT COURT FEES
Whilst at the conference I attended a session on court fees. The defendant in the case of Wiseman -v- Martins PLC has sought permission to appeal and there remains a degree of uncertainty in relation to these issues. However there…
LIMITING CLAIM TO £10,000 DID NOT PREVENT COURT AWARDING £140,000: CPR 16.3(7) IN USE
In the judgment today in Harrath -v- Stand for Peace Ltd [2017] EWHC 653 (QB) Sir David Eady awarded £140,000 in a case where the claim form limited the claim to £10,000. This is an interesting development in an environment where…
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