Why has the County Court asked me to pay two fees

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Making an application to set aside judgment.

Author: Howard Tilney
Published:
Reading time: 2 minutes

This article is 7 years old.

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This has been a recurring theme of late. We have seen many cases where certain Courts insist on payment of two fees in the total sum of £310.00 for what amounts to one application!

Anyone who has missed a Court deadline for the filing of an acknowledgment of service or defence and has received a default judgment, will be required to apply to the Court for an order setting aside the judgment, if appropriate.

Such application is made on form N244 upon payment of the appropriate fee. For general applications on notice to the other party where no other fee is specified the fee is £155.00.

When making an application to set aside judgment it is usually appropriate to apply for a stay of enforcement at the same time, pending the outcome of the primary application. One application form and one fee was always good enough, until recently.

An inexorable drive to make the Court Service self-funding has led to huge increases in Court fees over recent years and some ‘creative’ interpretations of the Fees Rules by certain Courts.

However, under Schedule 2, Fee 2.7 of the Civil Proceedings Fees (Amendment) Order 2014, ‘Where more than one remedy is sought in the same application only one fee is payable.’ So, if the Court suggests otherwise, complain.

Lawgistics members can get advice regarding court procedures and fees by contacting the Legal Team.

Howard Tilney

Legal Advisor

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