Q&As

I am about to issue mortgage proceedings for possession of non-residential land. The court fee will be £355 in the county court or £528 in the High Court. The value of the land is likely to be very much less than what will be achieved by selling it, so I am likely to seek a money judgment as well (rather than the norma ‘money claim adjourned with liberty to restore provision’). The debt secured is around £1million. Do I also need to pay a fee calculated with reference to the amount of the claim?

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Published by a LexisNexis Property Disputes expert

Published on: 09 January 2018

The first question is the procedure to be followed for the commencement of the claim for possession. CPR Part 55 must be used where the claim includes a possession claim brought by a Mortgagee (CPR 55.2(1)). The claim may be commenced in any county court hearing centre. Although it will be issued in the centre where it is commenced, if that centre does not serve the address where the land is situated, the claim will be sent to the hearing centre which does (CPR 55.3(1)). If a claimant

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Jurisdiction(s):

United Kingdom

Key definition:

Mortgage definition

What does Mortgage mean?

A security interest in land.

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