Guide to Civil Proceedings Fees (effective from 4 January 2005)
This Guide, effective from 4 January 2005, has introduced increases far greater than the rate of inflation to the fees for the conduct of litigation in the Supreme Court and County Court. The increased rates are a marked contrast to the simultaneous inflationary increases to solicitors' and counsel's hourly rates seen in the Guide to the Summary Assessment of Costs (effective from 1 January 2005).
The following table illustrates the changes from the fees which were in place from 1 April 2003 for some of the most common fees payable in the High Court and County Court and shows the percentage increases introduced by the Guide:
Commencement of Proceedings in High Court and County Court
Fees from 1.4.03
Fees from 4.1.05
% Increase
Fees payable on the commencement of originating proceedings to recover a sum of money, where the sum claimed:
(a) Does not exceed £50,0000
£400
£400
(b) Exceeds £50,000 but does not exceed £100,000
£600
£700
16.6%
(c) Exceeds £100,000 but does not exceed £150,000
£700
£900
28.5%
(d) Exceeds £150,000 or is not limited (1.4.03)
£800
(e) Exceeds £150,000 but does not exceed £200,000 (4.1.05)
£1,100
37.5%
(f) Exceeds £200,000 but does not exceed £250,000
£1,300
62.5%
(g) Exceeds £250,000 but does not exceed £300,000
£1,500
87.5%
(h) Exceeds £300,000 or is not limited
£1,700
112.5%
Therefore, a claimant wishing to commence litigation after 4 January 2005 for a claim exceeding £300,000 will pay on average £2,700 in court fees (taking into account the fees for issue, the allocation questionnaire, the listing questionnaire and two court applications). This is an increase by £1,060 from the amount which would have been paid to issue the same claim between 1 April 2003 and 3 January 2005.
Other fees in the High Court which have seen a sharp increase include the fees payable:
- by a claimant upon filing an allocation questionnaire (an increase from £120 to £200)
- on filing an appellant's notice or a respondent's notice where the respondent is appealing or wishes to ask the appeal court to uphold the order of the lower court for reasons different from or additional to those given by the lower court (an increase from £100 to £200)
- on an application on notice when no other fee is specified (an increase from £60 to £100)
on an application by consent or without notice for a judgment or order when no other fee is specified (an increase from £30 to £50)
- in the Court of Appeal, where permission to appeal is not required or has been granted by the lower court, a fee of £400 (an increase from £200) is payable on filing an appellant's notice or on filing a respondent's notice where the respondent is appealing.
This increase in court fees brings with it a natural concern that some potential claimants will be denied access to justice in the courts because the court process has been priced out of their reach. The increased issue fees may well prevent some from embarking on court proceedings to recover from parties who have wronged them and pre-action mediation or other forms of alternative dispute resolution may seem more attractive to claimants, from a purely financial point of view, as these processes do not require the payment of court fees.
Whilst the impact of the increase in court fees will initially be felt by claimants, defendants will also be exposed to higher legal fees if they are unsuccessful and are ultimately ordered to pay the costs of the claimant at the conclusion of the litigation process. Defendants should therefore increase their budgets or reserves for the cost of litigation to take this into account.
