header-logo header-logo

08 January 2016
Issue: 7681 / Categories: Case law , Judicial line , In Court
printer mail-detail

Fee sting

If the claimant has commenced proceedings before the last court fees hike and is given permission to increase a money claim conditional on payment of the additional commencement fee, how is that fee to be calculated—on the basis of the old fees regime or the (punitive) current regime?

The Civil Proceedings Fees Order 2008 (SI 2008/1053) as amended expressly provides that where a claim or counterclaim is amended and the fee paid before amendment is less than that which would have been payable if the document, as amended, had been so drawn in the first instance, the party amending the document must pay the difference. It follows that the difference is payable whether or not permission to amend has been given conditional upon payment. We take the view that the difference must be based on the fee regime prevailing when the amendment is made. There is nothing in the latest fee order to suggest that the fees payable as from the date on which it took effect should not apply to an additional fee which has

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll