Proposed £75 increase to possession claim court fee

by David Asker

17:19 PM, 30th January 2015
About 4 years ago

Proposed £75 increase to possession claim court fee

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Proposed £75 increase to possession claim court fee

Following on from the announcement of increases to court fees for money claims, there are now plans afoot to increase the fee for a possession claim by £75. Proposed £75 increase to possession claim court fee

Possession claim court fees last went up in April 2014. The fees introduced at that time are as follows for proceedings started in:

• High Court – £480
• County Court – £280
• Possession Claims Online (PCOL) – £250

The proposal is to increase a county court claim to £355 and PCOL to £325. The fee for claims started in the High Court will not change.

There is a six week Government consultation which ends on 27th February. You can contribute to the consultation HERE

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Comments

Mark Alexander

17:28 PM, 30th January 2015
About 4 years ago

Crikey that's not exactly in line with inflation is it?

What's going on, I know the legal system is a wreck but are we supposed to pay to fix that now too.

At this rate it will be landlords alone who prevent deflation LOL
.

Ian Ringrose

20:39 PM, 2nd February 2015
About 4 years ago

Why not use the "High Court" for all such cases, if the charges will be so close?

David Asker

11:18 AM, 3rd February 2015
About 4 years ago

Unfortunately the rules are pretty clear for issuing a possession claim in the High Court:

Practice Direction 55A

55.3 – STARTING THE CLAIM
1.1
(1) Except where the County Court does not have jurisdiction, possession claims should normally be brought in the County Court. Only exceptional circumstances justify starting a claim in the High Court.
(2) In the County Court, the claim will be issued by the County Court hearing centre where the claim is made, but will then be sent to the County Court hearing centre which serves the address where the land is situated. A claimant should
consider the potential delay which may result if a claim is not made at the appropriate hearing centre in the first instance.
1.2 If a claimant starts a claim in the High Court and the court decides that it should have been started in the County Court, the court will normally either strike the claim out or transfer it to the County Court on its own initiative. This is likely to result in delay and the court will normally disallow the costs of starting the claim in the High Court and of any transfer.
1.3 Circumstances which may, in an appropriate case, justify starting a claim in the High Court are if –
(1) there are complicated disputes of fact;
(2) there are points of law of general importance; or
(3) the claim is against trespassers and there is a substantial risk of public disturbance or of serious harm to persons or property which properly require immediate determination.
1.4 The value of the property and the amount of any financial claim may be relevant circumstances, but these factors alone will not normally justify starting the claim in the High Court.


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