The Civil Proceedings Fees Order 2008

[F1 General E+W

Textual Amendments

F1 Sch. 2 substituted (7.10.2013) by The Courts and Tribunals Fee Remissions Order 2013 (S.I. 2013/2302), arts. 1, 6(4), Sch. (with art. 13)

Resources and income treated as the party’s resources and income E+W

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 E+W

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 [F2 paragraph 11].

(3) Where an application for remission of a fee is made on F3 ... the date on which a fee is payable, the date for payment of the fee is disapplied.

(4) [F4 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.

[F5 (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.]

[F6 (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.]

Textual Amendments

F2 Words in Sch. 2 para. 15(2)(c) 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)(m)(i) (with art. 6)

F3 Words in Sch. 2 para. 15(3) 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)(m)(ii) (with art. 6)

F4 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)

F5 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)

F6 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)

Remission in exceptional circumstances E+W

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 E+W

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 [F7 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.

Textual Amendments

F7 Words in Sch. 2 para. 17(2) 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)(n) (with art. 6)

Legal Aid E+W

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 E+W

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 E+W

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

(a) copy or duplicate documents;

(b) searches.]