Q&As

The claimant has issued proceedings with a claim for £1,500. The defendant issued a counterclaim for £25,000 and the matter has been allocated to the multi-track and listed for a costs and case management conference. Does the court have any discretion as to which party should pay the hearing fee based on the multi-track rate or does the claimant have to pay regardless, assuming they want to continue with their £1,500 claim?

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Published on LexisPSL on 26/06/2019

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

  • The claimant has issued proceedings with a claim for £1,500. The defendant issued a counterclaim for £25,000 and the matter has been allocated to the multi-track and listed for a costs and case management conference. Does the court have any discretion as to which party should pay the hearing fee based on the multi-track rate or does the claimant have to pay regardless, assuming they want to continue with their £1,500 claim?
  • Who pays the hearing fee?
  • What are the courts’ powers of case management?
  • Fee remission

Who pays the hearing fee?

The majority of court fees for civil matters are contained in the Civil Proceedings Fees Order 2008 (CPFO 2008), SI 2008/1053, Sch 1, which is amended when any of the court fees in Schedule 1 to this SI are changed. For general guidance, see Practice Note: Court fees in civil proceedings.

The fee payable on the court fixing a trial date or trial period (sometimes called the ‘trial fee’ or ‘hearing fee’) for a case allocated to the multi-track is currently £1,090 and is payable by the claimant except where the action is proceeding on the counterclaim alone, when it is payable by the defenda

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