Administrative oversight at HMCTS
Solicitors could be due a refund following an administrative blunder by the courts.
HM Courts & Tribunals Service (HMCTS) has admitted incorrectly charging search fees dating back to 1999, and has promised full refunds to all affected.
The mistake relates to the fee paid for searches of the daily register of claims for all High Court jurisdictions apart from company records and bankruptcy proceedings, under Pt 5.4 of the Civil Procedure Rules. Since 26 April 1999, this fee of £5 has not been applicable and should not have been charged.
An HMCTS note explains that the error related to “an inconsistency” between the Civil Procedure Rules and Supreme Court Fees Order 1999 (SI 1999/687) and subsequent fees orders.
It advises its customers that, in order to claim a refund, they will need to provide a receipt for each payment claimed, and fill out a refund fee form. One form per customer is sufficient, and the forms can be picked up from the Rolls Building or the Royal Courts of Justice fees office.
Refunds will be paid by cheque within five weeks of receipt of the correct documentation.
An HMCTS spokesperson said the error was “due to an administrative oversight”.
“HMCTS has ceased charging for this service and taken steps to inform those customers affected of how they can claim a refund. All customers who have paid for searches of the daily register of all High Court jurisdictions since 26 April 1999 are entitled to a refund for the full amount paid, as long as they are able to provide proof of payment.”
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