S.I. 2007/2176: memorandum from the Ministry of Justice

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

1. In its letter of 17 October 2007 the Committee requested a memorandum on the following point:

With reference to fee 2.3 in new Schedule 1 to the Civil Proceedings Fees Order 2004 (inserted by the Schedule to this Order) and the provision for the refunding of a percentage of the hearing fee following advance notice of settlement or discontinuation, what is the intended percentage of the refund in a case where the court is notified 14 days before the hearing - is it 75% or 50%?

2. The Ministry accepts that it is not clear in respect of a refund on the hearing fee, whether paragraph (ii) 75% or (iii) 50% applies where the court is notified of settlement exactly 14 days before the hearing date. The policy intention was that 50% of the hearing fee should be refunded if notification was received 14 days or less before the hearing date (down to a minimum of 7 days). The Ministry will amend paragraph (ii) by replacing '14 days' with '15 days'.

3. The Ministry would also like to draw the Committee's attention to an anomaly in respect of small claims hearing fees. Fee 2.3(c)(vi) applies to a case where the sum claimed exceeds £3,000 but does not exceed £5,000. The court has power to allocate a case where the sum claimed exceeds £5,000 to be heard in the small claims track. The policy intention is that the parties should pay the hearing fee appropriate to the track on which the case is actually decided. The Ministry will therefore amend fee 2.3(c)(vi) by removing the words, 'but does not exceed £5,000'.

Ministry of Justice

19 October, 2007