The Lord Chancellor, in exercise of the powers conferred on him by section 41 of the Matrimonial and Family Proceedings Act 1984[1] and section 415 of the Insolvency Act 1986[2], with the concurrence of the Treasury under section 41 of the Matrimonial and Family Proceedings Act 1984, and with the sanction of the Treasury under section 415(1) of the Insolvency Act 1986, makes the following Order:
This Order may be cited as the Family Proceedings Fees Order 1999 and shall come into force on 26th April 1999.
(2) The following are qualifying benefits for the purposes of paragraph (1)(b) above-
| Column 1 | Column 2 |
| Number and description of fee | Amount of fee |
| Section 1. Fees to be taken in the High Court and in the county courts |
Commencement of proceedings
1.1On filing originating proceedings where no other fee is specified
| £120 |
1.2On presenting any petition, other than a second petition with leave granted under rule 2.6(4)
| £150 |
1.3On applying for either a non-molestation order or an occupation order under Part IV of the Family Law Act 1996[8], or on applying simultaneously for both a non-molestation order and an occupation order
| £40 |
1.4On amending a petition or presenting a second or subsequent petition with leave granted under rule 2.6(4)
| £50 |
1.5On filing an answer to a petition or a cross-petition
| £100 |
1.6On an application for an order under Part III of the Solicitors Act 1974[9] for the assessment of costs payable to a solicitor by his client
| £30 |
2.Proceedings under the Children Act 1989[10]
On filing an application or requesting leave under the following provisions of the Children Act 1989-
| |
2.1Parental responsibility, guardians, section 8 orders etc.
(a) section 4(1)(a), or (3), 5(1), 10(1) or (2)
| £80 |
(b) section 6(7), or 13(1)
| £80 |
2.2Financial provision for children
(a) paragraph 1(1), 2(1), 6(5) or 14(1) of Schedule 1
| £80 |
(b) paragraph 1(4), 2(5), 5(6), 6(7), 6(8), 8(2), 10(2), or 11 of Schedule 1
| £80 |
2.3Secure accommodation
| £80 |
2.4Care, supervision, etc.
| £80 |
For the purposes of fee 2.4(a) a care order does not include an interim care order, and a supervision order does not include an interim supervision order.
(b) section 33(7), 38(8)(b), 39(1), (2), (3) or (4), paragraph 6 of Schedule 3 or paragraph 11(3) of Schedule 14
| £80 |
2.5Contact with child in care
(a) section 34(2), (3), (4) or (9);
| £80 |
2.6Placement abroad
(a) paragraph 19(1) of Schedule 2
| £80 |
2.7Education supervision
| £80 |
(b) paragraph 15(2) or 17(1) of Schedule 3
| £80 |
2.8Child assessment order
| £80 |
2.9Emergency protection
| £80 |
(b) section 44, 45[11], 46 or 48
| £80 |
2.10Recovery of children
| £80 |
2.11Miscellaneous
| £80 |
2.12Appeals
(a) On commencing an appeal under section 94[12] of, or paragraph 23(11) of Schedule 2 to, the Children Act 1989
| £80 |
2.13Interim care/supervision orders
(a) On an application for an interim care order or an interim supervision order to be made under section 38(1) of the Children Act 1989 where an application for a care order or an application for a supervision order has already been made, and at least one interim care order or at least one interim supervision order has been made in the proceedings
| £30 |
Fee 2
In the notes to fee 2 "numbered fee" means each of the following fees: 2.1(a); 2.1(b); 2.2(a); 2.2(b); 2.3(a); 2.4(a); 2.4(b); 2.5(a); 2.6(a); 2.7(a); 2.7(b); 2.8(a); 2.9(a); 2.9(b); 2.10(a); 2.11(a); 2.12(a) and 2.13(a).
| |
Where an application is made or filed, or (as the case may be) leave is sought or an appeal commenced, under or relating to provisions of the Children Act 1989 which are listed in two or more different numbered fees, each of those fees shall be payable.
| |
Where an application is made or filed, or (as the case may be) leave is sought or an appeal commenced under or relating to two or more provisions of the Children Act 1989 which are listed in the same numbered fee, that fee shall be payable only once.
| |
Where the same application is made or filed, or (as the case may be) leave is sought or an appeal commenced, in respect of two or more children at the same time, only one fee shall be payable in respect of each numbered fee.
| |
3.Adoption and wardship applications
3.1On commencing proceedings under the Adoption Act 1976[13] other than under section 21 of that Act
| £120 |
3.2On commencing proceedings under section 21 of the Adoption Act 1976
| £120 |
3.3On applying for the exercise by the High Court of its inherent jurisdiction with respect to children
| £120 |
4.Applications in proceedings
4.1On an application for an order without notice or by consent (including an application to make a decree nisi absolute) except where separately listed in this schedule
| £30 |
4.2On a request for directions for trial (other than in uncontested divorce proceedings, in which no fee is chargeable) except where separately listed in this schedule
| £30 |
4.3On an application on notice except where separately listed in this schedule
| £60 |
5.Appeal from a district judge
5.1On filing a notice of appeal from a district judge to a judge
| £80 |
6.Searches
6.1On making a search in the central index of decrees absolute kept at the Principal Registry of the Family Division for any specified period of ten calendar years or, if no such period is specified, for the ten most recent years, and, if appropriate, providing a certificate of decree absolute
| £20 |
6.2On making a search in the central index of parental responsibility agreements kept at the Principal Registry of the Family Division in accordance with regulations made under section 4(2) of the Children Act 1989 and, if appropriate, providing a copy of an agreement
| £20 |
6.3On making a search in the index of decrees absolute kept at any divorce county court or district registry for any specified period of ten calendar years or, if no period is specified, for the ten most recent years, and if appropriate, providing a certificate of decree absolute
| £5 |
7.Copy documents
7.1On a request for a copy of any document (including a faxed copy where requested) or for examining a plain copy and marking it as an office copy:
(a) per page for the first five pages of each document
| £1 |
(b) per page for subsequent pages
| 25p |
7.2Where copies of any document are made available on a computer disk or in other electronic form, for each such copy
| £3 |
8.Determination of costs
Transitional Provision
Where a bill of costs (or a request for detailed assessment or a request for a detailed assessment hearing as the case may be) is filed pursuant to an order made by the court before the coming into operation of this Order the fees payable shall be those which applied immediately before the coming into force of this Order.
| |
8.1On the filing of a bill of costs for taxation (or a request for detailed assessment or a request for a detailed assessment hearing as the case may be); or on the filing of a request for a hearing date for the assessment of costs payable to a solicitor by his client pursuant to an order under Part III of the Solicitors Act 1974[14]
| £80 |
Where there is a combined party and party and legal aid determination of costs, fee 8.1 shall be attributed proportionately to the party and party and legal aid portions of the bill on the basis of the amount allowed.
| |
8.2On a request for a review of taxation or an appeal against taxation (or an appeal against a decision made in detailed assessment proceedings as the case may be)
| £50 |
8.3On applying for the court's approval of a Legal Aid Taxation Certificate or (as the case may be) of a Legal Aid Assessment Certificate
| £20 |
Fee 8.3 is payable at the time of applying for approval and is recoverable only against the Legal Aid Fund.
| |
9.Registration of maintenance orders
On an application for a maintenance order to be-
| |
9.1registered under the Maintenance Orders Act 1950[15] or the Maintenance Orders Act 1958[16]
| £30 |
9.2sent abroad for enforcement under the Maintenance Orders (Reciprocal Enforcement) Act 1972[17]
| £30 |
10.Insolvency Act 1986[18]
On entering a bankruptcy petition:
(a) if presented by a debtor or the personal representative of a deceased debtor
| £120 |
(b) if presented by a creditor or other person
| £150 |
10.2On entering any other petition
| £150 |
One fee only is payable where more than one petition is presented in relation to a partnership.
| |
10.3
(a) On a request for a certificate for discharge from bankruptcy
| £50 |
(b) and after the first certificate for each copy
| £1 |
Requests and applications with no fee
No fee is payable on a request or on an application to the Court by the Official Receiver when applying only in the capacity of Official Receiver to the case (and not as trustee or liquidator), or on an application to set aside a statutory demand.
| |
| Section 2. Fees to be taken in the county courts only |
11.Service
11.1On a request for service by bailiff, of any document except:
(a) an order for a debtor to attend the adjourned hearing of a judgment summons;
(b) an interpleader summons under an execution
(c) an order made under section 23 of the Attachment of Earnings Act 1971[19] (enforcement provisions); or
(d) an order for a debtor to attend an adjourned oral examination of his means
| £10 |
12.Enforcement in the county courts
12.1On an application for or in relation to enforcement of a judgment or order of a county court or through a county court, by the issue of a warrant of execution against goods except a warrant to enforce payment of a fine
| (a) Where the amount for which the warrant issues does not exceed £125 . . . . £25
(b) Where the amount for which the warrant issues exceeds £125 . . . . £45
|
12.2On a request for a further attempt at execution of a warrant at a new address following a notice of the reason for non-execution (except a further attempt following suspension)
| £20 |
12.3On an application to question a judgment debtor or other person on oath in connection with enforcement of a judgment
| £40 |
12.4On an application for a garnishee order nisi or a charging order nisi, or the appointment of a receiver by way of equitable execution
| £50 |
| Fee 12.4 shall be payable in respect of each party against whom the order is sought. | |
12.5On an application for a judgment summons
| £80 |
12.6On the issue of a warrant of possession or a warrant of delivery
| £80 |
| Where the recovery of a sum of money is sought in addition, no further fee is payable. | |
12.7On an application for an attachment of earnings order (other than a consolidated attachment of earnings order) to secure money due under an order made in family proceedings
| £50 |
| Fee 12.7 is payable for each defendant against whom an order is sought. Fee 12.7 is not payable where the attachment of earnings order is made on the hearing of a judgment summons. | |
13.Sale
13.1For removing or taking steps to remove goods to a place of deposit
| The reasonable expenses incurred |
| Fee 13.1 is to include the reasonable expenses of feeding and caring for animals. | |
13.2For advertising a sale by public auction pursuant to section 97 of the County Courts Act 1984[20]
| The reasonable expenses incurred |
13.3For the appraisement of goods
| 5p in the £1 or part of a £1 of the appraised value |
13.4For the sale of goods (including advertisements, catalogues, sale and commission and delivery of goods)
| 15p in the £1 or part of a £1 on the amount realised by the sale or such other sum as the district judge may consider to be justified in the circumstances |
13.5Where no sale takes place by reason of an execution being withdrawn, satisfied or stopped
| (a) 10p in the £1 or part of a £1 on the value of the goods seized, the value to be the appraised value where the goods have been appraised or such other sum as the district judge may consider to be justified in the circumstances; and in addition
(b) any sum payable under fee 13.1, 13.2 or 13.3.
|
| Section 3. Fees to be taken in the High Court only |
14.Enforcement in the High Court
14.1On sealing a writ of execution/possession/delivery
| £20 |
| Where the recovery of a sum of money is sought in addition to a writ of possession and delivery, no further fee is payable. | |
14.2On an application to question a judgment debtor or other person on oath in connection with enforcement of a judgment
| £40 |
14.3On an application for a garnishee order nisi or a charging order nisi, or the appointment of a receiver by way of equitable execution
| £50 |
| Fee 14.3 shall be payable in respect of each party against whom the order is sought. | |
14.4On an application for a judgment summons| £80 | |
14.5On a request or application to register a judgment or order; or for leave to enforce an arbitration award; or for a certified copy of a judgment or order for use abroad
| £30 |
15.Affidavits
15.1On taking an affidavit or an affirmation or attestation upon honour in lieu of an affidavit or a declaration; and
| £5 |
15.2for each exhibit referred to and required to be marked
| £2 |
[1] 1984 c. 42.back
[2] 1986 c. 45.back
[3] S.I. 1991/1247 amended by S.I. 1991/2113; S.I. 1992/456 and 2067; S.I. 1993/295; S.I. 1994/808, 2165, 2890; and 3155; S.I. 1996/816 and 1674; S.I. 1997/637, 1056 and 1893.back
[4] 1988 c. 34.back
[5] 1989 c. 41. Paragraph 2(6)(b) of Schedule 1 to the Children Act 1989 was repealed by section 58(14) of the Child Support Act 1991 (c. 48).back
[6] 1992 c. 4.back
[7] 1995 c. 18.back
[8] 1996 c. 27.back
[9] 1974 c. 47.back
[10] 1989 c. 41.back
[11] Amended by Schedule 16, paragraph 19 of the Courts and Legal Services Act 1990 (c. 41).back
[12] Amended by Schedule 16, paragraph 23 of the Courts and Legal Services Act 1990 (c. 41).back
[13] 1976 c. 36.back
[14] 1974 c. 47.back
[15] 1950 c. 37.back
[16] 1958 c. 39.back
[17] 1972 c. 18.back
[18] 1986 c. 45.back
[19] 1971 c. 32; amended by Schedule 2, Part III, paragraph 6 of the Contempt of Court Act 1981 (c. 49); sections 38 and 46 of the Criminal Justice Act 1982 (c. 48); section 53(2) of the Administration of Justice Act 1982 (c. 53); Schedule 2, Part IV, paragraph 41 of the County Courts Act 1984 (c. 28); Schedule 17, paragraph 6 of the Courts and Legal Services Act 1990 (c. 41); and Schedule 4, Part I of the Criminal Justice Act 1991 (c. 53).back
[20] 1984 c. 28.back
