13 February 2015
If a hearing fee is paid with the claimant’s pre-trial checklist and the claim settles before a hearing date has been listed, does the claimant have a legal right to the return of the fee? The Civil Proceedings Fees Order 2008 (SI 2008/1053) as amended provides for return, wholly or in part, where there is settlement (or discontinuance) in a fast or multi-track case after a hearing date has been fixed.
On a strict interpretation of the 2008 Order, it would seem that no part of the fee is refundable where the hearing date has not been fixed although this may be unintended. This interpretation may not be adopted by all civil hearing centres.
