MITIGATING THE IMPACT OF THE COURT FEE INCREASE 2: FEE REMISSION – EVERY LITIGATOR HAS TO KNOW THIS NOW

This is the second in the series of posts on mitigating the impact of the court fee increase. Not for the first time Kerry Underwood has got to this point already. I am not going to repeat anything Kerry says in his blog which sets out the principles with clarity.

KEY POINTS

Before a claimant issues proceedings the lawyer must know, with total certainty, that the claimant is not entitled to fee remission. The amounts involved are now large and an argument that court fees should not have been paid could (and probably will) eliminate any profit in the handling of the case.

PRACTICAL POINTS

It is not unusual to see points of dispute asserting that a claimant could have obtained fee remission. This issue is going to become even more acute after the 9th March.

Further I have had reports of some courts being actively hostile and simply refusing to entertain applications for fee remission. If this (or remains) the case it would be useful to share details of this.

USEFUL LINKS

OTHER POSTS ABOUT COURT FEES

1. Five more important posts for those issuing in haste.

2. Four important points for those hastily issuing proceedings this week

3. More on the adverse impact of court fee increase

4. Yet more on court fees: SMEs and the second wave of proposed increases.

5. Mitigating the impact of the court fees increase 1: Limitation standstill agreements.

6. Court fees: important developments: implementation date the 9th March.

7. Petition about increase in court fees

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