Friday, 20 July 2018

Court Fee Reductions and Refunds

Not quite winning the lottery but you might just be in for a few bob you weren't expecting by way of a refund for overcharged court fees. First, a warning. None of the fees overcharged relate to what had to be paid to the court on starting a case or close to the trial in the form of the hearing fee.

Here are the fees in question. The county court fee for a stage 3  low value personal injury pre-action protocol claim. In most cases that has been overcharged by £103. That's because the fee called for has been a 'sweep up' fee of £308 rather than a fee based on the amount being claimed.The other fees concerned were worked out on a duff basis and will be reduced as from next Monday 23 July 2018 under the Court of Protection, Civil Proceedings and Magistrates' Courts Fees (Amendment ) Order 2018 SI/2018/812. In the Court of Protection fees are down for making an application or lodging an appeal from £400 to £385 and £320 respectively. In insolvency proceedings, an application on notice to the other parties in existing proceedings will cost £95 instead of £155 and an application without notice or by consent in existing proceedings comes down from £50 to £25. There are also reductions in Commercial Court and Technology and Construction Court arbitration fees and in eight magistrates' courts' fees.

If you have paid any of the fees at the higher rates mentioned whether when acting for yourself or through your solicitor or barrister or even possibly when settling the costs of your winning opponent which have reflected the higher rate, then watch out for an announcement by the Ministry of Justice about how you can claim a refund. And I will keep you in the know in this blog.