Tag Archives: Court Fees

COURT FEES AND STRIKING OUT: ANOTHER CASE

There is a brief report on  Browne Jacobson Insurance Law about a case that struck out because of a failure to pay the correct fees. THE REPORT The report is brief and does not give the date of the judgment or level of judge. The facts The claimant, prior to issue, put forward several schedules […]

PAYING THE CORRECT COURT FEE, AMENDMENT & STRIKING OUT: ANOTHER DECISION

There have been a number of cases in relation to the consequences for a claimant when the correct court fee has not been paid upon issue.  This issue was considered by His Honour Judge Robinson this week in an appeal in the case of Wiseman -v- Marston’s PLC (Sheffield County Court 21st December 2016). (This […]

COURT FEES AND STEALTH TAXES: REPAYMENT OF TRIAL FEES TO END NEXT YEAR

Thanks to Kerry Underwood for pointing out the provisions of The Civil Proceedings Fees (Amendment) Order 2016 which comes into force on the 6th March 2017. There is a hidden “tax” in that the repayment of court fees has ended. THE NEW RULES The rules amend Schedule 1(3) of the Civil Proceedings Fee Order – […]

PAYING THE INCORRECT COURT FEE: ANOTHER IMPORTANT DEVELOPMENT

There have been several cases this year relating to  the consequences that flow when a claimant pays the incorrect court fee. Several issues remain unresolved In a judgment this morning His Honour Judge Godsmark QC considered the position where the wrong fee was paid given the value of the claim that was put on the claim […]

PAYING THE CORRECT COURT FEE AND LIMITATION: HIGH COURT DECISION CONSIDERING THE RELEVANT PRINCIPLES

One decision that has led to interlocutory skirmishing and opportunistic applications is  Lewis v Ward Hadaway [2016] 4 WLR 6, [2015] EWHC 3503 (Ch) and the consequences of failing to pay the correct court fee on issue.  This has left many ancillary issues open ended, and no end of interlocutory sparring in some cases. Some of […]

PAYING THE CORRECT COURT FEE: ACTION STAYED: SANITY IS BREAKING OUT

There are several interesting issues arising out of the judgment of Master Clark in Lifestyles Equities C.V. -v- Sportsdirect.Com Retail Limited [2016] EWHC 2092.   In particular the fact that the decision in Richard Lewis & Others -v- Ward Hadaway [2015] EWHC 3503 (Ch) did not feature at all. Rather than applications to strike out for abuse […]

INCREASED COURT FEES FROM THE 25th July 2016: AN OVERVIEW & USEFUL LINKS

There have been requests, via twitter, that I publicise the increase in court fees that came into effect on the 25th July.  These are not universal increases (they do not increase issue fees in Part 7 claims for instance – but there are increases in Part 8 claims). In recognition of the useful comments from […]