ILPA response to The Government response to consultation on enhanced fees for divorce proceedings, possession claims, and general applications in civil proceedings and Consultation on further fees proposals, 18 September 2015; UPDATED with Government response to the consultation 17 December 2015

Briefing

ILPA response to The Government response to consultation on enhanced fees for divorce proceedings, possession claims, and general applications in civil proceedings and Consultation on further fees proposals, 18 September 2015.

The Government published its response to the consultation on 17 December 2015.  The response announces the Government’s intention to:

  • Implement fee increases of 10% across the range of civil proceedings, including enforcement proceedings, determination of costs proceedings, and civil business in the Magistrates Courts.
  • Introduce fees for the first time in the General Regulatory Chamber and the Tax Chamber of the First-tier Tribunal and in the Upper Tribunal Tax and Chancery Chamber.
  • Keep the maximum fee cap in money claims at £10,000. A number of consultees were concerned about the proposal to raise the cap to £20,000.  We accept that it is too soon to understand the full impact of the first round of fee increases introduced in March this year. We will therefore not implement the further increase at this stage, keep this option under review.
  • Introduce a fee of £20 for an appeal against a financial penalty in the Tax Chamber. Some respondents felt that it was unfair to charge an issue fee of £100 for an appeal against a financial penalty of £100 or less imposed by HM Revenue and Customs, so we have decided to introduce a lower fee than initially proposed.
  • Introduce fees of £100 to issue proceedings in the Property Chamber and £200 for a hearing. There will be an exception for proceedings relating to rent levels and pitch fee applications, where a lower fee of £20 will apply. This will mean fees are more proportionate to the amount in dispute. We will not implement the higher fees for leasehold enfranchisement proceedings that were proposed in the consultation paper at this stage, so these proceedings will be subject to the standard fees in the Chamber.    
  • Defer any decision on whether to introduce a fee for bringing an appeal against a decision of the Information Commissioner until the Independent Commission on Freedom of Information reports next year. 

The Government response and the further proposals for consultation can be found at the link below.

Document Date
2015-09-18
Issue Number
15.09.31391

Attachments: