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Last updateTue, 24 Feb 2015 5pm

PROCEDURE: Fee high fo fum

02 December 2016  

Tom White and Emma Holmes return to the problem of court fees

In 2015 we saw some substantial rises in court fees, including, in particular, fees for issuing claims. This rise in fees saw vehement opposition in some quarters, on the basis that it would become uneconomic or prohibitively high for some claimants to bring their claims. We have now started to see examples in practice where, on the face of the claim form, claimants may have not paid the correct issue fee. There have been a number of recent cases in which the courts have considered this issue, in response to attempts by defendants to knock out claims on the basis of limitation arguments following payment of incorrect court fees. As the cases make clear, the approach that the courts will take depends on the reasons behind the payment of the incorrect fee. The calculation and payment of correct fees is something that claimants’ and defendants’ solicitors need to be aware of, or they may face potential allegations of negligence.

Additional Info

  • Case(s) Referenced:

    Dixon & anor v Radley House Partnership (A Firm) & ors [2016] EWHC 2511 (TCC)

    Lewis & ors v Ward Hadaway (a firm) [2015] EWHC 3503 (Ch)

    Page & anor v Hewetts Solicitors & anor [2013] EWHC 2845 (Ch)