On 18 May 2021, The Civil Proceedings Fees (Amendment) Order 2021 came into effect. This coincided with the publication of new HMCTS documents EX50 and EX50A, which are fees schedules and guidance notes.
The majority of fees are preserved at the level which they have been since the most recent substantive amendments to the fee schedule of the Civil Proceedings Fees Order 2008 in July 2019.
The fees to issue a money claim are on a graded scale depending on the value of the claim. Issue fees range between £35.00 and £455.00 for claims between £0 and £10,000.00. For claims valued between £10,000.00 and £200,000.00 an issue fee is 5% of the value of the claim; beyond that value, a fee of £10,000.00 is payable.
Hearing fees for Multi-Track Trials remain £1090.00, Fast Track Trial fees being half of this amount, and Small Claims Track hearing fees being set on a sliding scale according to claim value.
The general application fee for most (on notice) applications remains £255.00. The issue fee for ‘any other remedy’ – which is neither money nor possession – is retained at £308.00 in the County Court and £528.00 in the High Court.
Possession Claims will cost £480.00 to issue in the High Court, and £355.00 if issued in the County Court, falling to £325.00 if issued via PCOL (Possession Claim Online).
A brand new fee of £5.00 is payable for an application to challenge a debt advisor’s decision regarding non-disclosure of the usual residential address of a debtor under Regulation 38(9) of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020. Said application would be based on the anticipated threat of violence towards the debtor or a cohabitee, were their address to be disclosed on the register of debtors who are subject to a breathing space moratorium on their debts.
The eligibility criteria for help with fees is retained, with a means assessment pursuant to Schedule 2 of the Civil Proceedings Fees Order 2008. The two exceptions to the application of that Schedule are for the fee paid for money claims issued online, and the fee payable on a consolidated attached of earnings order or an administration order (fee 8.8).