The Civil Proceedings Fees Order 2008

[^key-b1d6c7e7059cb59b79e6c61f40e06b17]: Words in Sch. 1 substituted (25.7.2016) by The Civil Proceedings, First-tier Tribunal, Upper Tribunal and Employment Tribunals Fees (Amendment) Order 2016 (S.I. 2016/807), arts. 1, 3(11)

[^key-b20d2f91dc5eb8c00cc2276c109ade51]: Word in Sch. 2 para. 4 substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 3(3)(c)(ii) (with art. 6)

[^key-b80588b29dd3acb4d44afce21ec4c750]: Words in art. 2 substituted (22.4.2014) by The Civil Proceedings Fees (Amendment) Order 2014 (S.I. 2014/874), arts. 1, 2(3)

[^key-b989061468d059965da74335aa882c0f]: Sch. 2 para. 10(e) omitted (27.11.2023) by virtue of The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 3(3)(h)(i) (with art. 6)

[^key-bb48b76ef761e746cb1593b34a903e36]: Words in Sch. 1 inserted (8.4.2025) by The Court and Tribunal Fees (Miscellaneous Amendments) Order 2025 (S.I. 2025/351), arts. 1(1), 6(2)(f)(i)

[^key-bc8f6987980f5ccf0082512b830edda9]: Sum in Sch. 1 substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(25)

[^key-c217beca4848e32846526b760a8541ad]: Sch. 2 para. 5(2) inserted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 3(3)(d)(iii) (with art. 6)

[^key-c37c914a4877f0a739f3fa6b7b9a7162]: Sch. 2 para. 13 substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 3(3)(I) (with art. 6)

[^key-c4f4335cf865ab8d18fb1c758b04a1c4]: Sch. 2 para. 10(n) substituted (coming into force in accordance with arts. 1-3 of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 33(b)

[^key-c533532ef2ff832f395ad49fefedd084]: Sch. 1 substituted (22.4.2014) by The Civil Proceedings Fees (Amendment) Order 2014 (S.I. 2014/874), arts. 1, 2(5), Sch.

[^key-c693d86c8dc392dafce331dc0b9525a9]: Sum in Sch. 1 substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(60)

[^key-d0f098d2633280163091aca00c6793e4]: Words in Sch. 1 inserted (8.4.2025) by The Court and Tribunal Fees (Miscellaneous Amendments) Order 2025 (S.I. 2025/351), arts. 1(1), 6(2)(a)(i)

[^key-d801fef2109e571b38e38aa21cc451f6]: Sum in Sch. 1 inserted (8.4.2025) by The Court and Tribunal Fees (Miscellaneous Amendments) Order 2025 (S.I. 2025/351), arts. 1(1), 6(2)(f)(ii)

[^key-e04a3219bb926edaee4f35582a3facca]: Sch. 2 para. 11A inserted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 3(3)(j) (with art. 6)

[^key-e34103b0a8eea8ed0a7098d0a36b5bce]: Art. 5(2)(a) substituted (1.5.2024) by The Court and Tribunal Fees (Miscellaneous Amendments) Order 2024 (S.I. 2024/476), arts. 1(1), 6(4)

[^key-e630e183d41a0f45944423c7f6bb9d56]: Words in art. 2 substituted (6.3.2017) by The Civil Proceedings Fees (Amendment) Order 2016 (S.I. 2016/1191), arts. 1, 2(2) (with art. 3)

[^key-e80483c50f4f203ae7e70992db139288]: Sum in Sch. 1 substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(30)

[^key-ecc9892ea9d9218a7733ea7f7c9c50db]: Sch. 2 para. 11 substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 3(3)(i) (with art. 6)

[^key-ed4202c5bcff66e6d789e1e4bfdfcd0b]: Sum in Sch. 1 substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(28)

[^key-f29224dfa7c310fdd396118834f724de]: Art. 5 substituted (7.10.2013) by The Courts and Tribunals Fee Remissions Order 2013 (S.I. 2013/2302), arts. 1, 6(2) (with art. 13)

[^key-f3bb73d1b91b699ea23a565eb7895cd6]: Art. 1(2)(a) omitted (18.5.2021) by virtue of The Civil Proceedings Fees (Amendment) Order 2021 (S.I. 2021/588), arts. 1(1), 2(2)

[^key-f86277beb7dbd12549fcfde750a31236]: Sum in Sch. 1 substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(32)

[^key-f97e67f59d7c9994514f637fa6b4173b]: Sum in Sch. 1 substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 6(9)

[^key-fa660314d572865cc6a79df506cdc751]: Sch. 2 para. 15(6)(7) inserted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 3(3)(m)(iii) (with art. 6)

[^key-fe1da76e2ed1b8b938b7db75e7a52f57]: Words in Sch. 1 substituted (26.6.2017) by The Insolvency Amendment (EU 2015/848) Regulations 2017 (S.I. 2017/702), reg. 1, Sch. para. 54(2)(b) (with reg. 3)

[^key-ffaa971c27f4de5aadfd44b5c67160d3]: Words in Sch. 1 substituted (25.7.2016) by The Civil Proceedings, First-tier Tribunal, Upper Tribunal and Employment Tribunals Fees (Amendment) Order 2016 (S.I. 2016/807), arts. 1, 3(9)

[^M_F_0a2c82e2-693f-45ba-bb0d-b8290843c200]: Words in Sch. 2 para. 6 substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 3(3)(e) (with art. 6)

[^M_F_12929ae6-a253-426d-ca1f-6080fe0e7bbc]: Word in Sch. 2 para. 1(1) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 192(b)

[^M_F_55b89fd1-ea8e-41bf-ae12-ec37e40eef1b]: Words in Sch. 2 para. 1(1) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 192(a)

[^M_F_7dfcbf98-56e3-46de-97db-632a190e0c66]: Sch. 2 para. 15(5) inserted (6.3.2017) by The Civil Proceedings Fees (Amendment) Order 2016 (S.I. 2016/1191), arts. 1, 2(4)(b) (with art. 3)

[^M_F_a6c10f94-c511-444e-85a1-6a71b18dc4f7]: Words in Sch. 2 para. 1(1) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 192(c)

[^M_F_cde90c0d-e16b-4cf7-e755-c83f0f26606e]: Words in Sch. 2 para. 9 substituted (27.11.2023) by virtue of The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 3(3)(g) (with art. 6)

[^M_F_d8b3f0a6-980c-46e0-9190-f74089a34e51]: Words in Sch. 2 para. 15(4) inserted (6.3.2017) by The Civil Proceedings Fees (Amendment) Order 2016 (S.I. 2016/1191), arts. 1, 2(4)(a) (with art. 3)

[^M_F_dc01f601-4e74-4b29-8d11-22d5f7426fd1]: Arts. 3D, 3E inserted (13.5.2024) by The Civil and Family Proceedings Fees (Amendment) Order 2024 (S.I. 2024/538), arts. 1(2), 2(2)

[^M_F_f4be1ea5-798b-4177-caf8-8621d43b8f3f]: Sch. 2 para. 7 substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 3(3)(f) (with art. 6)

Fee remission

Disposable capital test

Disposable capital test

Disposable capital

Disposable capital - non-money resources

Disposable capital - resources held outside the United Kingdom

Disposable capital - foreign currency resources

Disposable capital - jointly owned resources

Excluded disposable capital

Gross monthly income test

Remission of fees - gross monthly income

Gross monthly income cap

12

No remission is available if a party’s gross monthly income exceeds the applicable threshold determined in accordance with paragraph 11(2), plus the sum of £3,000.

Gross monthly income

13

• (1) Subject to paragraph 14, “gross monthly income” means the total sum of—

• (a) the lower of—

• (i) the gross amount that has been earned by the party in the month immediately preceding that in which the application for remission is made; or

• (ii) the average of the gross amount that has been earned by the party in the three months immediately preceding that in which the application for remission is made, and

• (b) the gross amount received by the party from any other source in the month immediately preceding that in which the application for remission is made, other than receipt of any of the excluded benefits.

• (2) For the purposes of sub-paragraph (1), earnings from a trade, business or gainful occupation other than an occupation at a wage or salary are calculated as the lower of—

• (a) the party’s net profits for the month preceding that in which the application for remission is made; or

• (b) the average of the party’s net profits for the three months preceding that in which the application for remission is made.

• (3) In sub-paragraph (2), “net profits” means the profits which have accrued to the party less all sums necessarily expended to earn those profits.

General

Resources and income treated as the party’s resources and income

14

• (1) Subject to sub-paragraph (2), the disposable capital and gross monthly income of a partner of a party is to be treated as disposable capital and gross monthly income of the party.

• (2) Where the partner of a party has a contrary interest to the party in the matter to which the fee relates, the disposable capital and gross monthly income of that partner, if any, is not treated as the disposable capital and gross monthly income of the party.

Application for remission of a fee

15

• (1) An application for remission of a fee must be made at the time when the fee would otherwise be payable.

• (2) Where an application for remission of a fee is made, the party must—

• (a) indicate the fee to which the application relates;

• (b) declare the amount of their disposable capital; and

• (c) provide documentary evidence of their gross monthly income and the number of children relevant for the purposes of paragraph 11.

• (3) Where an application for remission of a fee is made on ... the date on which a fee is payable, the date for payment of the fee is disapplied.

• (4) Subject to sub-paragraph (5), where an application for remission is refused, or if part remission of a fee is granted, the amount of the fee which remains unremitted must be paid within the period notified in writing to the party.

• (5) Where an application for remission of fee 2.1 is refused, or if part remission of that fee is granted, the amount of the fee which remains unremitted must be paid in accordance with the directions in column 1 of the table in Schedule 1 (fees to be taken), in respect of fee 2.1.

• (6) The Lord Chancellor may by written notice request such additional information or evidence as is required to assess the party’s entitlement to fee remission under this Order, and the period specified by such notice must not be less than 7 days, beginning with the day after the date on which the notice is sent.

• (7) An application for remission of a fee may be treated as abandoned and no further action taken, if a party fails to provide the information requested under sub-paragraph (6) within the period specified by that notice, or such other extended period as may be agreed in writing at the Lord Chancellor’s discretion.

Remission in exceptional circumstances

16

A fee specified in this Order may be remitted where the Lord Chancellor is satisfied that there are exceptional circumstances which justify doing so.

Refunds

17

• (1) Subject to sub-paragraph (3), where a party pays a fee at a time when that party would have been entitled to a remission if they had provided the documentary evidence required by paragraph 15, the fee, or the amount by which the fee would have been reduced as the case may be, must be refunded if documentary evidence relating to the time when the fee became payable is provided at a later date.

• (2) Subject to sub-paragraph (3), where a fee has been paid at a time when the Lord Chancellor, if all the circumstances had been known, would have remitted the fee under paragraph 16, the fee or the amount by which the fee would have been reduced, as the case may be, must be refunded to the party.

• (3) No refund shall be made under this paragraph unless the party who paid the fee applies within 3 months of the date on which the fee was paid.

• (4) The Lord Chancellor may extend the period of 3 months mentioned in sub-paragraph (3) if the Lord Chancellor considers that there is a good reason for a refund being made after the end of the period of 3 months.

Legal Aid

18

A party is not entitled to a fee remission if, under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, they are in receipt of the following civil legal services —

• (a) Legal representation; or

• (b) Family help (higher); or

• (c) Family help (lower) in respect of applying for a consent order.

Vexatious litigants

19

• (1) This paragraph applies where—

• (a) a restraint order is in force against a party; and

• (b) that party makes an application for permission to—

• (i) issue proceedings or take a step in proceedings as required by the restraint order;

• (ii) apply for amendment or discharge of the order; or

• (iii) appeal the order.

• (2) The fee prescribed by this Order for the application is payable in full.

• (3) If the party is granted permission, they are to be refunded the difference between—

• (a) the fee paid; and

• (b) the fee that would have been payable if this Schedule had been applied without reference to this paragraph.

Exceptions

20

No remissions or refunds are available in respect of the fee payable for—

• (a) copy or duplicate documents;

• (b) searches.

3A

• (1) In proceedings under the Guardianship (Missing Persons) Act 2017—

• (a) fee 2.4(a) (application on notice where no other fee is specified); and

• (b) fee 2.5(a) (application by consent or without notice where no other fee is specified);

are not payable by the Public Guardian.

• (2) For the purpose of this regulation, “Public Guardian” has the meaning given in section 57 of the Mental Capacity Act 2005.

Remissions and part remissions

Revocations

3B

Fees 2.4(a) (on an application on notice where no other fee is specified) and 2.5(a) (on an application by consent or without notice where no other fee is specified) in Schedule 1 (fees to be taken) are not payable in respect of any application made by reference to sections 85F-K of the Courts Act 2003 for an order or direction of the court relating to cross-examination in person of a party to or witness in the proceedings.

Remissions and part remissions

Revocations

Disposable capital test - deeming provisions for those aged 66 or over

Disposable capital

Disposable capital - non-money resources

Disposable Capital - resources held outside the United Kingdom

Disposable capital - foreign currency resources

Disposable capital - jointly owned resources

Excluded disposable capital

Gross monthly income— passporting benefits

11A

• (1) If a party satisfies the disposable capital test, no fee is payable under this Order if, at the time when the fee would otherwise be payable, the party is in receipt of any passporting benefits.

• (2) The following are passporting benefits—

• (a) income-based Jobseeker’s Allowance;

• (b) income-related Employment and Support Allowance;

• (c) income support;

• (d) pension credit (Guarantee Credit); and

• (e) universal credit with additional gross annual earnings of less than £6,000.

Gross monthly income cap

Gross monthly income

Exemption related to domestic abuse protection orders

3C

No fee is payable in respect of an application under section 28 (domestic abuse protection orders on application), 29 (applications where domestic abuse protection notice has been given), 40 (arrest for breach of order) or 44 (variation and discharge of orders) of the Domestic Abuse Act 2021 or an appeal under section 46 of that Act (appeals).

Remissions and part remissions

Revocations

3D

Fee 1.5 (starting proceedings for any remedy other than recovery of money or land) is not payable where the application is for habeas corpus in respect of a decision mentioned in paragraph 3A(1) of Schedule 10 to the Immigration Act 2016.

3E

Fees 13.1(a) (application to the Court of Appeal for permission to appeal or for extension of time for appealing or both), 13.1(b) (filing an appellant’s or respondent’s notice where permission to appeal is not required or has been granted), 13.1(c) (filing an appeal questionnaire), 13.2 (filing a respondent’s notice where the respondent wishes to ask the appeal court to uphold the order of the lower court for different or additional reasons) and 13.3 (filing an application notice) are not payable in proceedings where the decision being appealed is a decision of the Upper Tribunal under section 44(6) of the Illegal Migration Act 2023.

Remissions and part remissions

Revocations

Exemption related to insolvency and persons at risk of violence

3F

No fee is payable in respect of an application for an order for non-disclosure of information under rule 20.2, 20.3, 20.4, 20.5 or 20.6 of the Insolvency (England and Wales) Rules 2016.

Remissions and part remissions

Revocations

Exemption related to referrals to High Court of decisions to release prisoners (life sentence) on parole

3G

No fee is payable for making a referral of a prisoner’s case (life sentence) to the High Court under section 32ZAA(2) of the Crime (Sentences) Act 1997.

Exemption related to referrals to High Court of decisions to release prisoners (fixed-term sentence) on parole

3H

No fee is payable for making a referral of a prisoner’s case (fixed-term sentence) to the High Court under section 256AZBA(2) of the Criminal Justice Act 2003.

Remissions and part remissions

Revocations