In the middle of 2020, there was some good news for firms that were feeling the squeeze on cash flow in light of the pandemic as minor changes to the level of Court fees and an updated EX50 was introduced.
This followed a review undertaken by the Ministry of Justice to anticipate the costs for 2020-2021. When the review was undertaken it was noted that there were a number of fees which were being charged at levels above the actual cost HMCTS incurred to provide those services. These fees were therefore subsequently set without the necessary parliamentary approval. Given the significant drops in some of the court fees it is estimated that the annual fee income of HMCTS will drop by up to £1.6m.
However, the MoJ has flatly refused to provide any refunds for the fees which were charged at above the level of cost.
These changes are important to note to ensure that the correct fees are paid to avoid any unnecessary delays with the Court.
Here is a table of all changes:
| Description | Was | Now |
| Application to vary (amend/change) a judgment (or order), suspend enforcement or suspend a warrant of possession or stay a High Court Writ. | £50.00 | £14.00 |
| Application for a summons or order for a witness to attend court. | £50.00 | £21.00 |
| Application for a certificate of satisfaction/cancellation of a judgment debt. | £15.00 | £14.00 |
| Family Request for service – fees order 15.1 • Request for service by a Bailiff for any document. | £110.00 | £45.00 |
| Family Determination of costs – fees order 9.1-9.5 On filing a request for a detailed assessment: • Where the party who files the request is legally aided or funded by the Legal Aid Agency (LAA).* | £200.00 | £94.00 |
| Attachment of earnings - fees order 12.5 • Application for an attachment of earnings order (a fee is payable for each defendant against whom the order is requested). | £100.00 | £34.00 |
| Charging order - fees order 12.3 • Application for a charging order. (A fee is payable for each charging order applied for). | £100.00 | £38.00 |
| Judgment summons - fees order 12.4 • Application for a judgment summons. | £100.00 | £73.00 |
| Third party debt order • Application for a third party debt or garnishee order/ Appointment of Receiver. (A fee is payable for each party against whom the order is requested) - fees order 12.2 | £100.00 | £77.00 |
*As the assessment process moved in-house within the LAA from 17 August 2020 this fee is no longer be relevant.
The updated EX50 can be found here.
For further information, please contact Kris Kilsby here.
