Civil Proceedings Fees (Amendment) (No.2) Order 2007 (S.I. 2007/2176)

1.1 The Committee draws the special attention of both Houses to this Order on the ground that it is defectively drafted in one respect.

1.2 This Order introduces a new hearing fee and makes provision for a refund of that fee, or a percentage of it, if the claim is settled or discontinued before the date fixed for the hearing and the court receives notice within specified periods (new fee 2.3 in Schedule 1 to the Civil Proceedings Fees Order 2004, substituted by the Schedule to this Order).

1.3 In a memorandum printed at Appendix 1 the Ministry of Justice accepts that in a case of notification to the court 14 days before the date of the hearing, the Order is unclear as to whether the refund should be 75% or 50%. The intention is that 50% of the fee should be refunded in such a case. The Department states that it will amend the Order. The Committee reports the Schedule for defective drafting in this respect, acknowledged by the Department.

1.4 The Committee also acknowledges the statement in the memorandum that the Department will amend a separate provision in the Order relating to small claims hearing fees, so as to reflect the policy intention accurately.