BEAT COURT FEE RISES:UPDATE

I recently warned of imminent court fee increases. See https://www.breakinglaw.co.uk I can now report that those increases will be coming into force on 30 September 2021. They are introduced by the Court Fees (Miscellaneous Amendments) Order 2021 (SI 2021/985) which were laid before Parliament yesterday 06 September 2021.

I have kept this update short so that you can get on with preparing paperwork to beat the rises instead of wasting time reading my attempts at humour. But, for the avoidance of any doubt, these rises are positively not a joke. 

BEAT COURT FEE RISES

As predicted in 'The Return of Breaking Law'  a wigful (to fit an enormous head) of court fees will soon be introduced. To be precise, 129 of them in civil and family proceedings as well as in certain cases in the Court of Protection. To avoid paying the extra, you need to take the step which will attract the fee as soon as you can. The Ministry of Justice has said that the increased fees will be brought into force in early Autumn 2021 which means we could be looking at the start of October 2021 or shortly after.  You can find full details of each and every increased fee at https://consult.justice.gov.uk/digital-communications/increasing-selected-court-fees-income-thresholds/results/court-fees-increasing-consultation-response.pdf

Here are some of the increases -

To start a divorce, nullity or civil partnership dissolution case  - up £43 to £593

To issue a county court or High Court application notice (form N244) - up £20 to £275

To issue a county court or High Court application notice BY CONSENT (form N244) - up £8 to £108

Hearing fee (otherwise called trial fee) for county court small claims case for £300 or less - up £2 to £27

Ditto for case for more than £300 but no more than £500 - up £4 to £59

Ditto for case for more than £500 but no more than £1,000 - up £5 to £85

Ditto for case for more than £1,000 but no more than £1,500 - up £8 to £123

Ditto for case for more than £1,500 but no more than £3,000 - up £11 to £181

Ditto for case for more than £3,000 - up £11 to £346

Hearing fee (otherwise called trial fee) for multi-track case in county court or High Court - up £85 to £1,175

The Help with Fees system which can mean no fee or a reduced fee survives. It will benefit you if you are on benefits. If not on benefits but a low income, have a go. The income thresholds for applicants not on benefits will be slightly raised at the same time as the fees go up.

Help With Court Fees

There's no such thing as a free lunch and there's no such thing as a civil or family court case without a prescribed fee to pay. That's the general position. But if you are on benefits or haven't got too much income or capital sprouting out of your purse or  back pocket then you are could well qualify for 'Help with fees' or, to use the scheme's fancy name, fee remission (see Breaking Law at chapter 13). This could mean no fee for you or a reduced fee. If you want to apply for this help or for a refund of a fee you have paid within the last three months 'cos you didn't know anything about the help scheme, then you have to do what? Fill out a form, of course. And the form has just changed.

The necessary form is called the EX160. Good name, eh? Well, it could have been called HARDUP126BBBZAQ which would have been an awful name. To find the form and the official guidance about the help scheme, go to https://www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees?utm_source=68d8a5b0-cfd5-4db7-950c-a1c61e5f04b5&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate

Got there? Among the changes in the form are questions about whether not only you but your partner have any children living with you and whether you and your partner have any other children that you support financially. Children means persons under 16 and up to 19 if in full-time education. If that information was not before the court when you made an unsuccessful application for help then you might care to ask for a refund if it would have made a difference. 

Make sure you use the new form.