The Civil Proceedings and Family Proceedings Fees (Amendment) Order 2015, which introduces significant increases to court fees, took effect on Monday 9 March 2015. (Free access.)
For claims above £10,000, the court fee is now based on 5% of the value of the claim in specified money cases (subject to a maximum of £10,000). This also applies to money claims of an unspecified value. Fees for claims less than £10,000 are unchanged, and there is still a discount on issue fees for all money claims initiated electronically using Money Claims OnLine.
The old fee structure applied to claims received on or before Friday 6 March 2015 "in a fit state to issue" (even if issued after 9 March). Applications received before 9 March 2015, but returned due to an error, will attract the new fee.
Following queries from practitioners, we have obtained the following clarification from the fees policy team:
What is meant by a money claim for the purposes of court fees? A money claim for the purposes of the new fees is any claim in civil proceedings that seeks money as a full or partial remedy (including claims for damages).
How are fees calculated when injunctive relief is sought? If the claim is purely for a non-monetary remedy, the new fees will not apply. However, where a claim for injunctive relief includes a claim for damages, the fees will apply and, where the damages claimed are unlimited, the applicant will have to pay the fee of £10,000. A freezing injunction will continue to be charged at £155, under the general application fee, as previously.