Court fees set to rise on Monday

Posted by Michelle Barron on 23rd July, 2016 in Opinion and categorised in .

The fees increases come into effect on Monday 25th July 2016. From a costs perspective the most obvious changes are to the fees for assessment of costs.

Whilst many Court fees to issue new claims in the County Court were increased in 2014 and 2015, the latest increase affects the Court fees payable to enforce Judgments. Once you have obtained your Judgment, there are a variety of enforcement options available.

The Court fee to issue a High Court writ of execution has increased by 10%, from £60 to £66. The increase will relate to writs of control, writs of delivery and writs of possession, all of which are very useful tools in recovering money or property.

If you obtain a Judgment and wish to secure the same by obtaining a Charging Order over the debtor’s property, the fee has increased from £100 to £110. Whilst the Charging Order itself will not secure payment of the debt, it prevents the debtor from selling the property without paying you.

If you wish to apply for an oral examination of a debtor, the fee has also risen by 10% from £50 to £55. An oral examination of a debtor allows you to obtain more information about their finances and then use this information to try and recover your Judgment.

As a result of the information provided by the debtor, you may decide to make an application for a third party debt order. This type of order used to be called a ‘garnishee order’ and is used to force a third party who either holds money belonging to the debtor or owes the debtor money, to give it to you. However, a third party debt order is only effective once, at the moment it is served. If there is no money in a bank account at the time it is served then the order fails. The cost of applying for a third party debt order has also risen from £100 to £110.

Full details of the changes can be accessed here