In January 2020, LPC Law reported on the news that the Ministry of Justice had opened applications for court users to obtain refunds for court fees which had been over-charged or mis-charged between 22 April 2015 and 31 March 2018.

The Ministry of Justice has now announced the second phase of the refund scheme. Eligibility for the first phase of the scheme has also been extended to cover incorrect fees paid up until July 2018 following the most recent cost recovery assessment, for the period between 1 April and 25 July 2018.

Crucially, the news which will come of great interest to many of LPC Law’s clients is the fact that refunds are now being processed for Part 8 Low-Value Personal Injury Claims issue fees, paid between 1 April 2014 and 30 April 2018. A review has found that some fees were mischarged – either an incorrect fee having been paid, or instances where no charge should have been levied at all. Clients who issued a large number of claims during this period may apply for refunds in up to 25 cases using a bulk upload template.

Since January, there has been an 11-page Application form for full or partial refunds of court fees. This is now joined by a separate 13-page Application form for full or partial refunds of Part 8 Stage 3 fees.

Where there was a partial fee remission, clients can claim the portion of the fee which they paid. Interest is payable at a flat rate of 0.5% per annum. Clients who received full fee remission are not eligible for any refund.

Issue fees of £308.00 (Fee code ‘FEE0450’) were paid on several such claims, whereas the actual fee which ought to have been paid varied depending on the claim value. The staggered fee structure should have been as follows, by the value of the claim:

Under £300

£35

£300 - £500

£50

£500 - £1000

£70

£1000 - £1500

£80

£1500 - £3000

£115

£3000 - £5000

£205

Whilst the target is to process applications within 20 working days of receipt, the Ministry has pointed out that it may take longer to process refunds during the ongoing Covid-19 pandemic. Applications are being accepted via post or by email.