Q&As

When issuing County Court proceedings on behalf of a protected party, do query use the financial details of the protected party or the litigation friend when working out the court fee payable? Likewise, if you are issuing County Court proceedings for a minor, again do you use the financial details of the minor or the litigation friend when looking at the court fee remission form?

read titleRead full title
Produced in partnership with Oliver Hilton of Radcliffe Chambers
Published on LexisPSL on 15/12/2017

The following Dispute Resolution Q&A produced in partnership with Oliver Hilton of Radcliffe Chambers provides comprehensive and up to date legal information covering:

  • When issuing County Court proceedings on behalf of a protected party, do query use the financial details of the protected party or the litigation friend when working out the court fee payable? Likewise, if you are issuing County Court proceedings for a minor, again do you use the financial details of the minor or the litigation friend when looking at the court fee remission form?

When issuing County Court proceedings on behalf of a protected party, do query use the financial details of the protected party or the litigation friend when working out the court fee payable? Likewise, if you are issuing County Court proceedings for a minor, again do you use the financial details of the minor or the litigation friend when looking at the court fee remission form?

A court fee may be payable, and the question is whether, for the purposes of applying for remission of that fee, the relevant financial details of those of the child/protected party or the litigation friend.

By section 92 of the Courts Act 2003 (CoA 2003), the Lord Chancellor may by order prescribe fees payable in respect of matters dealt with in various courts, including the County Court. That order may include provision as to remission of fees. Pursuant to that power, court fees charged on various aspects of civil litigation are governed by the Civil Proceedings Fees Order 2008 (as amended), SI 2008/1053 (the CPFO). CPFO, SI 2008/1053, reg 2 and Sch 1 provide for scale fees in the Country Court, including on the starting of proceedings to recover a sum of money, ranging from £35 to £10,000 depending on the value of the claim (a different scale applies for claims started in the County Court Business Centre).

Court fee remissions are

Popular documents