The Court Fees (Miscellaneous Amendments) Order 2021

Made: 2nd September 2021

Laid before Parliament: 6th September 2021

Coming into force: 30th September 2021

In accordance with section 92(1) of the Courts Act 2003, sections 414(1) and 415(1) of the Insolvency Act 1986, section 54(1) of the Mental Capacity Act 2005 and section 52(1) of the Constitutional Reform Act 2005, the Lord Chancellor has obtained the agreement, consent and sanction of the Treasury.

PART 1 — Introduction

Citation and commencement

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This Order may be cited as the Court Fees (Miscellaneous Amendments) Order 2021 and comes into force on 30th September 2021.

Extent

2

• (1) The following provisions of this Order extend to England and Wales—

• (a) articles 4 to 7;

• (b) article 8 insofar as it relates to the amendment of—

• (i) Schedule 1A to the Non-Contentious Probate Fees Order 2004[^f00008] (remissions and part remissions);

• (ii) Schedule 2 to the Court of Protection Fees Order 2007[^f00009] (remissions and part remissions);

• (iii) Schedule 2 to the Magistrates’ Courts Fees Order 2008[^f00010] (remissions and part remissions);

• (iv) Schedule 2 to the Civil Proceedings Fees Order 2008[^f00011] (remissions and part remissions);

• (v) Schedule 2 to the Family Proceedings Fees Order 2008[^f00012] (remissions and part remissions);

• (vi) Schedule 2 to the Upper Tribunal (Lands Chamber) Fees Order 2009[^f00013] (remissions and part remissions);

• (vii) Schedule 2 to the Upper Tribunal (Immigration and Asylum) (Judicial Review) (England and Wales) Fees Order 2011[^f00014] (remissions and part remissions).

• (2) The following provisions of this Order extend to England and Wales, Scotland and Northern Ireland—

• (a) this article;

• (b) article 8, insofar as it relates to the amendment of—

• (i) the Schedule to the Gender Recognition (Application Fees) Order 2006[^f00015] (remissions and part remissions);

• (ii) Schedule 2 to the Supreme Court Fees Order 2009[^f00016] (remissions and part remissions);

• (iii) Schedule 2 to the First-tier Tribunal (Gambling) Fees Order 2010[^f00017] (remissions and part remissions);

• (iv) Schedule 1 to the First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011[^f00018] (remissions and part remissions).

• (3) Article 8 of this Order extends to England only insofar as it relates to the amendment of Schedule 2 to the First-tier Tribunal (Property Chamber) Fees Order 2013[^f00019] (remissions and part remissions).

Application

3

• (1) Article 8 of this Order applies to proceedings in the Lands Chamber of the Upper Tribunal insofar as it relates to the amendment of Schedule 2 to the Upper Tribunal (Lands Chamber) Fees Order 2009.

• (2) Article 8 of this Order applies to proceedings in the Property Chamber of the First-tier Tribunal insofar as it relates to the amendment of Schedule 2 to the First-tier Tribunal (Property Chamber) Fees Order 2013.

PART 2 — Amendment of Court Fees

Amendment of the Court of Protection Fees Order 2007

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• (1) The table in Schedule 1 to the Court of Protection Fees Order 2007[^f00020] (fees to be taken) is amended as follows.

• (2) In the entry “Application fee (Article 4)”, in column 2, for “£365” substitute “£371”.

• (3) In the entry “Appeal fee (Article 5)”, in column 2, for “£230” substitute “£234”.

• (4) In the entry “Hearing fees (Article 6)”, in column 2, for “£485” substitute “£494”.

Amendment of the Magistrates’ Courts Fees Order 2008

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• (1) The table in Schedule 1 to the Magistrates’ Courts Fees Order 2008[^f00021] (fees to be taken) is amended as follows.

• (2) In the entry for fee 2.1 (on an application to state a case for the opinion of the High Court), in column 2, for “£135” substitute “£137”.

• (3) In the entry for fee 2.3 (proceedings under Schedule 5 to the Licensing Act 2003), in column 2, for “£60” substitute “£62”.

• (4) In the entry for fee 2.4 (on commencing an appeal where no other fee is specified), in column 2, for “£60” substitute “£62”.

• (5) In the entry for fee 3.2 (register of judgments, orders and fines kept under section 98 of the Courts Act 2003[^f00022]), in column 2, for “£15” substitute “£16”.

• (6) In the entry for fee 5.1(a) (on a request for a copy document of ten pages or less), in column 2, for “£10” substitute “£11”.

• (7) In the entry for fee 5.2 (on a request for a copy of a document on a computer disk or in other electronic form), in column 2, for “£10” substitute “£11”.

• (8) In the entry for fee 6.1 (on a request for a licence, consent or authority where no other fee is specified), in column 2, for “£25” substitute “£27”.

• (9) In the entry for fee 6.2 (on an application for the renewal or variation of an existing licence), in column 2, for “£25” substitute “£27”.

• (10) In the entry for fee 6.3 (on an application for the revocation of a licence where no other fee is specified), in column 2, for “£25” substitute “£27”.

• (11) In the entry for fee 7.1 (on taking the attestation of a constable or special constable under the Police Act 1996), in column 2, for “£10” substitute “£11”.

• (12) In the entry for fee 7.2 (for every oath, affirmation, solemn declaration or statutory declaration where no other fee is specified), in column 2, for “£25” substitute “£27”.

• (13) In the entry for fee 8.2(a) (on an application for leave or permission to commence proceedings where no other fee is specified), in column 2, for “£116” substitute “£125”.

• (14) In the entry for fee 8.2(b) (on commencing proceedings where leave or permission has been granted following payment of fee 8.2(a)), in column 2, for “£116” substitute “£125”.

• (15) In the entry for fee 9.1 (on an application for a warrant of entry), in column 2, for “£20” substitute “£22”.

• (16) In the entry for fee 9.2 (on an application for any other warrant where no other fee is specified), in column 2, for “£75” substitute “£81”.

• (17) In the entry for fee 10.1 (on an application for a warrant for commitment made in proceedings under the Council Tax (Administration and Enforcement) Regulations 1992 or the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989), in column 2, for “£245” substitute “£264”.

• (18) in the entry for fee 10.2 (on the application for a warrant for commitment made in proceedings under the Child Support Act 1991), in column 2, for “£40” substitute “£41”.

Amendment of the Civil Proceedings Fees Order 2008

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• (1) The table in Schedule 1 to the Civil Proceedings Fees Order 2008[^f00023] (fees to be taken) is amended as follows.

• (2) In the entry for fee 1.5 (on starting proceedings for any other remedy in the High Court), in column 2, for “£528” substitute “£569”.

• (3) In the entry for fee 1.5 (on starting proceedings for any other remedy in the County Court), in column 2, for “£308” substitute “£332”.

• (4) In the entry for fee 1.6 (on the filing of proceedings against a party or parties not named in the proceedings), in column 2, for “£55” substitute “£59”.

• (5) In the entry for fee 1.8(a) (on an application for permission to issue proceedings), in column 2, for “£55” substitute “£59”.

• (6) In the entry for fee 1.8(b) (on an application for an order under Part 3 of the Solicitors Act 1974 for the assessment of costs), in column 2, for “£55” substitute “£59”.

• (7) In the entry for fee 2.1(a) (on the court fixing a trial date or trial period for a case allocated to the multi-track), in column 2, for “£1090” substitute “£1175”.

• (8) In the entry for fee 2.1(c)(i) (on the court fixing a trial date or trial period for a case allocated to the small claims track where the sum claimed does not exceed £300), in column 2, for “£25” substitute “£27”.

• (9) In the entry for fee 2.1(c)(ii) (on the court fixing a trial date or trial period for a case allocated to the small claims track where the sum claimed exceeds £300 but does not exceed £500), in column 2, for “£55” substitute “£59”.

• (10) In the entry for fee 2.1(c)(iii) (on the court fixing a trial date or trial period for a case allocated to the small claims track where the sum claimed exceeds £500 but does not exceed £1000), in column 2, for “£80” substitute “£85”.

• (11) In the entry for fee 2.1(c)(iv) (on the court fixing a trial date or trial period for a case allocated to the small claims track where the sum claimed exceeds £1000 but does not exceed £1500), in column 2, for “£115” substitute “£123”.

• (12) In the entry for fee 2.1(c)(v) (on the court fixing a trial date or trial period for a case allocated to the small claims track where the sum claimed exceeds £1500 but does not exceed £3000), in column 2, for “£170” substitute “£181”.

• (13) In the entry for fee 2.1(c)(vi) (on the court fixing a trial date or trial period for a case allocated to the small claims track where the sum claimed exceeds £3000), in column 2, for “£335” substitute “£346”.

• (14) In the entry for fee 2.2 (in the High Court on filing an appellant’s notice or a respondent’s notice), in column 2, for “£240” substitute “£259”.

• (15) In the entry for fee 2.3(a) (in the County Court on filing an appellant’s notice or a respondent’s notice in a claim allocated to the small claims track), in column 2, for “£120” substitute “£129”.

• (16) In the entry for fee 2.3(b) (in the County Court on filing an appellant’s notice or a respondent’s notice in all other claims), in column 2, for “£140” substitute “£151”.

• (17) In the entry for fee 2.4(a) (on an application on notice where no other fee is specified, except for applications referred to in fee 2.4(b)), in column 2, for “£255” substitute “£275”.

• (18) In the entry for fee 2.4(b) (on an application on notice where no other fee is specified made under section 3 of the Protection from Harassment Act 1997, or for a payment out of funds deposited in court), in column 2, for “£155” substitute “£167”.

• (19) In the entry for fee 2.5(a) (on an application by consent or without notice where no other fee is specified, except for applications referred to in fee 2.5(b)), in column 2, for “£100” substitute “£108”.

• (20) In the entry for fee 2.5(b) (on an application made by consent or without notice where no other fee is specified made under section 3 of the Protection from Harassment Act 1997, or for a payment our of funds deposited in court), in column 2, for “£50” substitute “£54”.

• (21) In the entry for fee 3.1(b) (on entering a bankruptcy petition if presented by a creditor or other person), in column 2, for “£280” substitute “£302”.

• (22) In the entry for fee 3.2 (on entering a petition for an administration order), in column 2, for “£280” substitute “£302”.

• (23) In the entry for fee 3.3 (on entering any other petition), in column 2, for “£280” substitute “£302”.

• (24) In the entry for fee 3.4(a) (on a request for a certificate of discharge from bankruptcy), in column 2, for “£70” substitute “£75”.

• (25) In the entry for fee 3.4(b) (after the first certificate of discharge from bankruptcy, for each copy), in column 2, for “£10” substitute “£11”.

• (26) In the entry for fee 3.11 (on an application by consent or without notice within existing proceedings where no other fee is specified), in column 2, for “£25” substitute “£26”.

• (27) In the entry for fee 3.12 (on an application with notice within existing proceedings where no other fee is specified), in column 2, for “£95” substitute “£99”.

• (28) In the entry for fee 4.1(a) (on a request for a copy of a document for ten pages or less), in column 2, for “£10” substitute “£11”.

• (29) In the entry for fee 4.2 (on a request for a copy of a document on a computer disk or in other electronic form, for each such copy) in column 2, for “£10” substitute “£11”.

• (30) In the entry for fee 5.1 (on the filing of a request for detailed assessment where the party filing the request is legally aided and no other party is ordered to pay the costs of the proceedings), in column 2, for “£220” substitute “£237”.

• (31) In the entry for fee 5.2(a) (on the filing of a request for detailed assessment where fee 5.1 does not apply, or on the filing of a request for a hearing date for the assessment of costs, where the amount of costs claimed does not exceed £15,000), in column 2, for “£369” substitute “£398”.

• (32) In the entry for fee 5.2(b) (on the filing of a request for detailed assessment where fee 5.1 does not apply, or on the filing of a request for a hearing date for the assessment of costs, where the amount of costs claimed exceeds £15,000 but does not exceed £50,000), in column 2, for “£743” substitute “£801”.

• (33) In the entry for fee 5.2(c) (on the filing of a request for detailed assessment where fee 5.1 does not apply, or on the filing of a request for a hearing date for the assessment of costs, where the amount of costs claimed exceeds £50,000 but does not exceed £100,000), in column 2, for “£1,106” substitute “£1,192”.

• (34) In the entry for fee 5.2(d) (on the filing of a request for detailed assessment where fee 5.1 does not apply, or on the filling of a request for a hearing date for the assessment of costs, where the amount of costs claimed exceeds £100,000 but does not exceed £150,000), in column 2, for “£1,480” substitute “£1,595”.

• (35) In the entry for fee 5.2(e) (on the filing of a request for detailed assessment where fee 5.1 does not apply, or on the filing of a request for a hearing date for the assessment of costs, where the amount of costs claimed exceeds £150,000 but does not exceed £200,000), in column 2, for “£1,848” substitute “£1,992”.

• (36) In the entry for fee 5.2(f) (on the filing of a request for detailed assessment where fee 5.1 does not apply, or on the filing of a request for a hearing date for the assessment of costs, where the amount of costs claimed exceeds “£200,000” but does not exceed “£300,000”), in column 2, for “£2,772” substitute “£2,988”.

• (37) In the entry for fee 5.2(g) (on the filing of a request for detailed assessment where fee 5.1 does not apply, or on the filing of a request for a hearing date for the assessment of costs, where the amount of costs claimed exceeds “£300,000” but does not exceed “£500,000”), in column 2, for “£4,620” substitute “£4,980”.

• (38) In the entry for fee 5.2(h) (on the filing of a request for detailed assessment where fee 5.1 does not apply, or on the filing of a request for a hearing date for the assessment of costs, where the amount of costs claimed exceeds “£500,000”), in column 2, for “£6,160” substitute “£6,640”.

• (39) In the entry for fee 5.3 (on a request for the issue of a default costs certificate), in column 2, for “£66” substitute “£71”.

• (40) In the entry for fee 5.4 (on commencing an appeal against a decision made in detailed assessment proceedings), in column 2, for “£231” substitute “£249”.

• (41) In the entry for fee 5.5 (on a request or application to set aside a default costs certificate), in column 2, for “£121” substitute “£130”.

• (42) In the entry for fee 6.1 (on the filing of a request for detailed assessment of costs incurred in the Court of Protection), in column 2, for “£85” substitute “£87”.

• (43) In the entry for fee 6.2 (on an appeal against a decision made in detailed assessment proceedings for costs incurred in the Court of Protection), in column 2, for “£65” substitute “£70”.

• (44) In the entry for fee 7.1 (on sealing a writ of control / possession / delivery in the High Court), in column 2, for “£66” substitute “£71”.

• (45) In the entry for fee 7.2 (on an application for an order requiring a judgment debtor or other person to attend court to provide information in connection with enforcement of a judgment or order), in column 2, for “£55” substitute “£59”.

• (46) In the entry for fee 7.3(a) (on an application for a third party debt order or the appointment of a receiver by way of equitable execution), in column 2, for “£110” substitute “£119”.

• (47) In the entry for fee 7.3(b) (on an application for a charging order), in column 2, for “£110” substitute “£119”.

• (48) In the entry for fee 7.4 (on an application for a judgment summons), in column 2, for “£110” substitute “£119”.

• (49) In the entry for fee 7.5 (on a request or application to register a judgment or order, or for permission to enforce an arbitration award, or for a certificate or a certified copy of a judgment or order for use abroad), in column 2, for “£66” substitute “£71”.

• (50) In the entry for fee 8.3 (on an application for an order requiring a judgment debtor or other person to attend court to provide information in connection with enforcement of a judgment or order), in column 2, for “£55” substitute “£59”.

• (51) In the entry for fee 8.4(a) (on an application for a third party debt order or the appointment of a receiver by way of equitable execution), in column 2, for “£110” substitute “£119”.

• (52) In the entry for fee 8.4(b) (on an application for a charging order), in column 2, for “£110” substitute “£119”.

• (53) In the entry for fee 8.5 (on an application for a judgment summons), in column 2, for “£110” substitute “£119”.

• (54) In the entry for fee 8.6 (on the issue of a warrant of possession or a warrant of delivery), in column 2, for “£121” substitute “£130”.

• (55) In the entry for fee 8.7 (on an application for an attachment of earnings order (other than a consolidated attachment of earnings order) to secure payment of a judgment debt), in column 2, for “£110” substitute “£119”.

• (56) In the entry for fee 8.9 (on an application for the enforcement of an award for a sum of money or other decision made by any court, tribunal, body or person other than the High Court or the County Court), in column 2, for “£44” substitute “£47”.

• (57) In the entry for fee 8.10 (on a request for an order to recover a specified road traffic debt), in column 2, for “£8” substitute “£9”.

• (58) In the entry for fee 8A.1 (on a request for service by a bailiff of an order to attend the County Court for questioning), in column 2, for “£110” substitute “£119”.