Q&As

Can a £10,000 court fee be refunded if the claim is discontinued before the claim form is served?

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Published on LexisPSL on 06/05/2021

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Can a £10,000 court fee be refunded if the claim is discontinued before the claim form is served?

Can a £10,000 court fee be refunded if the claim is discontinued before the claim form is served?

This Q&A assumes the reference is to the issue fee paid in accordance with Fee 1 in Schedule 1 to the Civil Proceedings Fees Order 2008 (CPFO 2008), SI 2008/1053.

The current court fees for civil proceedings are set out in CPFO 2008, SI 2008/1053, Sch 1, as amended.

There appears to be no mechanism in CPFO 2008, SI 2008/1053 for parties obtaining a refund of this fee.

Guidance on refunds is provided by HM Courts & Tribunals Service (HMCTS) in document: EX50 Civil and Family Court Fees.

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