Below are listed the Court Fees and which must
be paid when the N1 form is submitted to the Court:
All of the fees and costs below will be added to your claim. Please
note the new court fees applicable from 1st February 2008.
The fees below apply from 1ST February 2008
|Claim (up to)
CARRY ON TABLE ONE FROM H E R E
All Court fees are
made payable to: "H M Court Services" (HMCS)
In addition, to the above there is also another court fee called an Allocation
Questionnaire Fee of £35 which must be paid by the Claimant to the County Court.
If you receive an Allocation Questionnaire court form, this is usually when a Defendanthas filed a defence. There is no Allocation Fee for claims below £1,500. The Allocation Questionnaire Fee is added to
the claim but please be aware that even if the Court finds judgment in
favour of the Claimant there is no guarantee that the award will be
collected. The Defendant may be without funds or untraceable. In such
cases the fees are lost!
Obtaining a judgment
After the issuing of proceedings the Defendant
has 21 days to reply. They have the following options:
To admit the claim in full
To defend the claim in full
To admit part of the claim
To ignore the claim
If no response is received by the court,
Judgment in Default can be applied for:
Having obtained a judgment against the
Defendant it is necessary to instruct the Court to collect the sum
awarded. Such enforcement proceedings will involve a further fee -
which is added to the claim. If the bailiffs are appointed (Warrant of
Execution) the fee is £30.00 for sums not more than £125.00 or £50.00
for sums above £125.00.
Other ways of enforcing judgment's such as
Attachment of Earnings orders, Third Party Debt Orders - previously
Garnishee Orders and Charging Orders - all of which require a Court
The fees for the above are:
|Third Party Debt
|Warrant of Execution (Bailiff)
Should an Order To Obtain Information - previously an Oral
Examination be required the court fee is £45.00.
All the above fees would be added to your claim.
The fee for issuing a Bankruptcy or Winding Up Petition for your own affairs will be
The fee for issuing a Bankruptcy or Winding Up Petition against someone who owes you money will be
£190.00. (Creditors Petition)
The fee for issuing a Bankruptcy or Winding Up Petition against a company who owes you money will be
£190.00. (Creditors Petition)
General Costs Information
The Pre-Trial Checklist (Listing Questionnaire) Fee £100 and Hearing Fee (see below) are payable by the Claimant except where the case is proceeding on a counterclaim alone, when it is then payable by the Defendant
You can only claim certain costs against your opponent if you win in
the Small Claims Court. These are known as "Fixed Costs". They include
any court fee you have paid, but not your solicitor’s charges. You can
claim your travel expenses and loss of earnings if these relate to your
attendance at court.
You may also be able to claim Travel Expenses and Loss of Earnings of
any of your Witnesses who have had to come to court to give evidence for
you, the amount you can claim is restricted.
You may also be able to claim for any Experts Reports you have paid for
to help your case, again the amount is restricted.
The court does have a discretion to award costs where a party has
behaved unreasonably. This includes:
- Making unnecessary applications
- Causing a late adjournment of the hearing
- Failure to comply with directions or orders
- Refusing to negotiate
- Failure to comply with protocols
- Fabricating or miss-stating value of the claim so it is
allocated to small claims track to avoid costs liabilities
Will I get my money?
This depends on the status of the Defendant. If the Defendant is a
company which has ceased to trade and has no assets then recovery may be
in doubt. The same applies to private individuals who could be
unemployed or bankrupt.
There is no guarantee of recovery of funds and it is always a good
idea to ascertain before the proceedings if the Defendant is able to
Will I lose the Court Fees?
The Court fees will be added to your settlement when you obtain a
successful judgment. Depending on the status of the Defendant these fees
can then be recovered.
If your claim is below £10,000 or does not involve compensation for
personal injuries it is generally not necessary to employ a solicitor.