Civil Litigation Brief
Menu
  • Home
  • About
  • Copyright
  • Advertising Policy
  • Legal Disclaimer
Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
Browse: Home » Court Fees
FEE REMISSION: USEFUL LINKS AND GUIDANCE

FEE REMISSION: USEFUL LINKS AND GUIDANCE

December 14, 2021 · by gexall · in Civil Procedure, Court fees

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

A PARTY WHO DOES NOT OBTAIN DISPENSATION FROM FEES, IF AVAILABLE, SHOULD NOT EXPECT TO RECOVER THE FEES: COST JUDGE DECISION

December 10, 2021 · by gexall · in Civil Procedure, Court fees

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

THE COURT OF APPEAL AND FAILURE TO PAY THE TRIAL FEE: RELIEF FROM SANCTIONS GRANTED EVEN THOUGH NO FORMAL APPLICATION WAS BEFORE THE COURT

November 17, 2021 · by gexall · in Appeals, Court fees, Relief from sanctions

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

COURT FEES INCREASE: READ ALL ABOUT IT: COMING TO A COURT NEAR YOU SOON

September 2, 2021 · by gexall · in Civil Procedure, Court fees

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

RELIEF FROM SANCTIONS GRANTED ON APPEAL WHERE A PARTY FAILED TO PAY THE COURT FEE

August 20, 2021 · by gexall · in Appeals, Court fees, Relief from sanctions

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

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

February 25, 2021 · by gexall · in Appeals, Civil Procedure, Court fees, Limitation, Striking out

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

FAILURE TO COMPLY WITH CIVIL PROCEDURE RULES AND PAY CORRECT COURT FEE CAN (BUT DIDN’T) LEAD TO AN ACTION BEING STRUCK OUT

February 9, 2021 · by gexall · in Civil Procedure, Court fees, Striking 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...)

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…)

February 8, 2021 · by gexall · in Abuse of Process, Applications, Civil Procedure, Court fees

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

April 1, 2020 · by gexall · in Appeals, Applications, Coronavirus, Court fees

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

CLAIMANT WHO FAILS TO OBTAIN COURT FEE REMISSION – CAN RECOVER THE COURT FEE ON APPEAL: CIRCUIT JUDGE DECISION ON APPEAL

January 22, 2020 · by gexall · in Appeals, Civil Procedure, Court fees

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…

GETTING AWAY FROM THE PROTOCOL: MEANING OF "HARM", "VULNERABLE ADULT" AND THE REASONABLE VALUATION OF A CLAIM AT MORE THAN £25,000

GETTING AWAY FROM THE PROTOCOL: MEANING OF “HARM”, “VULNERABLE ADULT” AND THE REASONABLE VALUATION OF A CLAIM AT MORE THAN £25,000

December 9, 2019 · by gexall · in Costs, Court fees

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…

APPLYING FOR DISPENSATION FROM COURT FEES: TWO DIFFERENT CASES

APPLYING FOR DISPENSATION FROM COURT FEES: TWO DIFFERENT CASES

November 8, 2019 · by gexall · in Applications, Assessment of Costs, Costs, Court fees

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

ONE PLUG: COURT FEES – AVOIDING THE PITFALLS: WEBINAR 25th SEPTEMBER 2019

September 16, 2019 · by gexall · in Avoiding negligence claims, Civil Procedure, Courses, Court fees

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

WEBINARS: (1) LOSS OF EARNINGS (2) COURT FEES – AVOIDING THE PITFALLS: TWO PLUGS

September 3, 2019 · by gexall · in Applications, Avoiding negligence claims, Courses, Court fees, Damages, Striking out

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…

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

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

August 7, 2019 · by gexall · in Appeals, Costs, Court fees

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

COURT FEE REMISSION: USEFUL LINKS AND GUIDANCE

April 14, 2019 · by gexall · in Costs, Court fees, Useful links

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

ARGUMENT THAT DEFENDANT NOT LIABLE TO PAY COURT FEES SENT TO COVENTRY

April 12, 2019 · by gexall · in Access to justice, Civil Procedure, Costs, Court fees

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

THE CORRECT FEE ON A PART 8 APPLICATION: DON’T LET THE COURT STAFF MAKE YOU HAND OVER MONEY FOR NOTHING

August 28, 2018 · by gexall · in Access to justice, Costs, Court fees

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

FIFTH BIRTHDAY REVIEW 9: COURT FEES, FEE REMISSION AND LIMITATION STANDSTILL AGREEMENTS

June 27, 2018 · by gexall · in Applications, Court fees, Limitation

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

STAGE 3 ISSUE FEES: COURT REPAYS OVERPAID FEES: GOOD NEWS FROM LIVERPOOL

June 5, 2018 · by gexall · in Civil Procedure, Costs, Court fees

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…

1 2 … 4 Next →

Copyright

© Gordon Exall, Civil Litigation Brief, 2013-2023. Unauthorised use and or duplication of the material contained on this blog without permission from this blog's author is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Gordon Exall and Civil Litigation Brief with appropriate and specific direction to the original content.

Subscribe to Blog via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Join 31,047 other subscribers

Recent Posts

  • FUNDAMENTAL DISHONESTY FOUND WHEN AN INVOICE WAS DOCTORED: NOT EVERYTHING CAN BE SAID WITH FLOWERS
  • ITS OFFICIAL – THE BEST COSTS ADVICE YOU CAN GIVE TO A YOUNG LAWYER: READ IT HERE: CONTEST WINNER
  • DELAY BY THE CLAIMANT WAS NOT “WAREHOUSING” AND DID NOT LEAD TO A STRIKE OUT: A PARTY ALLEGING DELAY WAS ABUSE MUST ACT PROMPTLY
  • UNDERSTANDING THE LAW RELATING TO FATAL ACCIDENTS: WEBINAR 8th FEBRUARY 2023
  • CLAIMANT FAILS IN AN APPLICATION FOR WASTED COSTS AGAINST HIS OWN LAWYERS: HOWEVER THERE IS AN IMPORTANT LESSON HERE

Top Posts & Pages

  • ITS OFFICIAL - THE BEST COSTS ADVICE YOU CAN GIVE TO A YOUNG LAWYER: READ IT HERE: CONTEST WINNER
  • FUNDAMENTAL DISHONESTY FOUND WHEN AN INVOICE WAS DOCTORED: NOT EVERYTHING CAN BE SAID WITH FLOWERS
  • DELAY BY THE CLAIMANT WAS NOT "WAREHOUSING" AND DID NOT LEAD TO A STRIKE OUT: A PARTY ALLEGING DELAY WAS ABUSE MUST ACT PROMPTLY
  • CLAIMANT FAILS IN AN APPLICATION FOR WASTED COSTS AGAINST HIS OWN LAWYERS: HOWEVER THERE IS AN IMPORTANT LESSON HERE
  • WHAT IS THE BEST COSTS ADVICE YOU CAN GIVE TO A YOUNG LAWYER? THE ENTRIES

Blogroll

  • Coronavirus: Guidance for lawyers and businesses
  • Fatal Accident Law
  • Personal injury: Liability and Damages

Books

  • Munkman & Exall on Damages for Personal Injuries and Death 14th ed
  • The APIL Guide to Fatal Accidents 4th edition

Useful Links

  • Kings Chambers
  • Kings Chambers Costs & Litigation Funding
  • Kings Chambers Serious Injury
  • The Civil Procedure Rules
  • Website of 4 – 5 Gray's Inn Square
  • Website of 4-5 Gray's Inn Square, Catastrophic Injury Group
  • www.Bailii.org

Archives

Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use.
To find out more, including how to control cookies, see here: Cookie Policy

Copyright © 2023 Civil Litigation Brief

Powered by WordPress and Origin