The Civil Proceedings Fees (Amendment No. 2) Order 2013

Made: 6th June 2013

Laid before Parliament: 10th June 2013

Coming into force: 1st July 2013

In accordance with section 92(5) and (6) of the Courts Act 2003 the Lord Chancellor has consulted the Lord Chief Justice, the Master of the Rolls, the President of the Queen’s Bench Division, the President of the Family Division, the Chancellor of the High Court, the Head of Civil Justice, the Deputy Head of Civil Justice and the Civil Justice Council.

Citation and Commencement

1

This Order may be cited as the Civil Proceedings Fees (Amendment No. 2) Order 2013 and shall come into force on 1st July 2013.

Amendment of the Civil Proceedings Fees Order 2008

2

The Civil Proceedings Fees Order 2008[^f00003] is amended as follows.

3

For Schedule 1 (which specified the fees for civil proceedings in the Court of Appeal, High Court and county courts), substitute the Schedule in the Schedule to this Order.

Transitional provisions: request for detailed assessment

4

• (1) Paragraph (2) applies where on or before 30th June 2013 a request was filed for detailed assessment where the party filing the request was legally aided, funded by the Legal Services Commission or a person for whom civil legal services have been made available under arrangements made by the Lord Chancellor under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012[^f00004] and no other party was ordered to pay the costs of the proceedings.

• (2) Where there is an application for the court’s approval of a certificate of costs payable from the Community Legal Service Fund or by the Lord Chancellor under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 on or after 1st July 2013—

• (a) the fee is £50, and

• (b) the note in respect of fee 5.5 of the Civil Proceedings Fees Order 2008 prior to the coming into force of this Order continues to have effect.

SCHEDULE

Signed

Signed by authority of the Lord Chancellor

Helen Grant — Parliamentary Under Secretary of State — Ministry of Justice — 5th June 2013

We consent,

David Evennett — Desmond Swayne — Two of the Lords Commissioners of Her Majesty’s Treasury — 6th June 2013

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order amends the Civil Proceedings Fees Order 2008 (S.I. 2008/586).

This Order merges the fee payable on filing a request for detailed assessment of costs where the party filing the request is legally aided, funded by the Legal Services Commission or by the Lord Chancellor and no other party is ordered to pay the costs of the proceedings with the fee payable on an application for the court’s approval of a certificate of costs payable from the Community Legal Service Fund or Lord Chancellor. Where an application for a detailed assessment of costs was made before this Order comes into force, the fee for an application for the court’s approval of a certificate of costs will continue to be charged separately.

This Order also amends fee 2 (General Fees (High Courts and county courts)) to remove references to allocation questionnaires which due to the Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262) are no longer filed at court. Fee 2 has also been amended to clarify that a fee remains payable on receipt of a directions questionnaire even where the case is not subsequently allocated to a track.

The fee for a search in the High Court has been extended to include a general search in addition to that of bankruptcy or companies records.

For convenience this Order replaces the entire schedule of fees payable in civil proceedings in the Court of Appeal, High Court and county courts.

Footnotes

[^f00001]: 2003 c.39. Section 92 was amended by section 15(1) of and paragraphs 308 and 345 of Schedule 4, Part 1 to the Constitutional Reform Act 2005 (c. 4) and by section 59(5) of and paragraph 4 of Schedule 11, Part 2 to that Act. Section 108 was amended by section 15(1) of and paragraphs 308 and 348 to Schedule 4, Part 1 to that Act.

[^f00002]: 1986 (c.45).

[^f00003]: S.I. 2008/1053 as amended by S.I. 2011/586, S.I. 2013/534 and S.I. 2013/734.

[^f00004]: 2012 c. 10.