The Court and Tribunal Fees (Miscellaneous Amendments) Order 2025, effective April 8, 2025, modifies fees across various UK courts and tribunals.
The order adjusts fees in the Non-Contentious Probate Fees Order 2004, Gender Recognition (Application Fees) Order 2006, Court of Protection Fees Order 2007, Magistrates’ Courts Fees Order 2008, Civil Proceedings Fees Order 2008, Family Proceedings Fees Order 2008, Upper Tribunal (Lands Chamber) Fees Order 2009, First-tier Tribunal (Gambling) Fees Order 2010, Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 2011, First-tier Tribunal (Property Chamber) Fees Order 2013, and Supreme Court Fees Order 2024.
Changes include fee reductions where service costs have fallen, removing obsolete fees, and implementing across-the-board inflationary increases.
The order also adds new fees to reflect procedural changes such as the introduction of fixed costs determinations and the express financial remedy procedure.
Arguments For
Reduced fees where costs have decreased: The order reduces certain fees reflecting decreases in the underlying costs of court and tribunal services.
Inflationary adjustments: The order updates fees to account for inflation, ensuring fees remain aligned with the costs of providing services.
Streamlined process: Consolidation of some fees into a single fee simplifies the fee structure and potentially the application process.
Removal of obsolete fees: The removal of certain fees reflects changes in practice and eliminates unnecessary charges.
Legal basis: The order is made under the powers conferred by multiple Acts of Parliament, establishing its legal authority.
Arguments Against
Potential for insufficient fee increases: Inflation-based increases may not fully cover the actual cost increases in providing court and tribunal services.
Complexity of amendments: The numerous amendments spread across different orders might lead to confusion and difficulties in implementation.
Lack of detail on cost reduction analysis: Limited details regarding how underlying costs decreased for fee reductions might undermine transparency and accountability.
Unintended consequences: Amendments, particularly the creation of new fees or the removal of previously-used fees, might have unforeseen impacts on access to justice or administrative burdens.
Equity of access: While aiming for fairness, adjustments to fees could disproportionately affect specific user groups, potentially hindering access to justice for certain individuals or organizations.
- Citation, commencement, and extent (1) This Order may be cited as the Court and Tribunal Fees (Miscellaneous Amendments) Order 2025 and comes into force on 8th April 2025. (2) Subject to paragraph (3), this Order extends to England and Wales and Scotland and Northern Ireland. (3) Any amendment made by this Order has the same extent as the provision to which it relates.
This section provides the order's official title, effective date (April 8, 2025), and geographical scope.
The order applies to England, Wales, Scotland, and Northern Ireland, with any specific amendments having the same geographical reach as the original legislation they modify.
- Amendment of the Non-Contentious Probate Fees Order 2004 In Schedule 1 (fees to be taken) to the Non-Contentious Probate Fees Order 2004, in the table— (a) omit the entries for fee 3.2 (on an application for a grant relating to a death in respect of an estate exempt from inheritance tax by virtue of section 153A, 154 or 155A of the Inheritance Tax Act 1984 (exemptions for emergency services personnel etc., members of the armed forces etc. and persons targeted because of their status as a constable or service personnel) in column 1 (number and description of fee) and column 2 (amount of fee); (b) omit the entry for fee 9 (oaths) in column 1 (number and description of fee) and column 2 (amount of fee); (c) in each entry relating to a fee listed in the table in Schedule 1 to this Order (“Table 1”), for the amount specified in column 2 (amount of fee) substitute the amount specified in column 3 of the corresponding entry in Table 1 (revised amount of fee).
This section amends the Non-Contentious Probate Fees Order 2004.
It removes fee 3.2, which applied to estates exempt from inheritance tax due to the deceased's occupation (emergency services, armed forces, etc.), and fee 9, for oaths (as the service is discontinued).
Remaining fees listed are updated to reflect inflation-based increases detailed in Schedule 1.
- Amendment to the Gender Recognition (Application Fees) Order 2006 In article 2 of the Gender Recognition (Application Fees) Order 2006 (application fees) for “£5” substitute “£6”.
This section increases the application fee in the Gender Recognition (Application Fees) Order 2006 from £5 to £6.
- Amendment of the Court of Protection Fees Order 2007 In Schedule 1 (fees to be taken) to the Court of Protection Fees Order 2007, in the table, in each entry relating to a fee listed in the table in Schedule 2 to this Order (“Table 2”), for the amount specified in column 2 substitute the amount specified in column 3 of the corresponding entry in Table 2 (revised amount of fee).
This section updates fees in the Court of Protection Fees Order 2007, with new amounts specified in Schedule 2, reflecting an inflation-based adjustment.
- Amendment of the Magistrates’ Courts Fees Order 2008 In Schedule 1 (fees to be taken) to the Magistrates’ Courts Fees Order 2008, in the table— (a) omit the entry for fee 3.1 (on a request for a certificate of refusal to state a case) in column 1 (number and description of fee) and column 2 (amount of fee); (b) in each entry relating to a fee listed in the table in Schedule 3 to this Order (“Table 3”), for the amount specified in column 2 (amount of fee) substitute the amount specified in column 3 of the corresponding entry in Table 3 (revised amount of fee).
This section amends the Magistrates’ Courts Fees Order 2008.
It eliminates fee 3.1 (certificate of refusal to state a case, which is no longer needed) and updates remaining fees in accordance with Schedule 3 (inflation and other adjustments).
- Amendment of the Civil Proceedings Fees Order 2008 (1) The Civil Proceedings Fees Order 2008 is amended as follows. (2) In Schedule 1 (fees to be taken), in the table— (a) after the note after fee 1.9(b) (beginning “Where the court has made an order”) insert— (i) in column 1 (number and description of fee), “1.9(ba) Where fee 1.9(b) has been paid and permission is granted at a hearing.”; (ii) in column 2 (amount of fee (or manner of calculation)), “£436”; (b) in the entry for fee 1.9(c) (if the proceedings have been started by an application for permission to apply for judicial review), in column 1 (number and description of fee), after “1.9(c)” insert “Unless fee 1.9(ba) applies,”; (c) omit the note after fee 1.9(c) (beginning “Where fee 1.9(b) has been paid”); (d) omit the entry for fee 1.10 (on an appeal under regulation 38(9) of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 (applications to the county court)) in column 1 (number and description of fee) and column 2 (amount of fee (or manner of calculation)); (e) omit the entry for fee 3.10 (on filing documents in accordance with paragraph 7(1) of Schedule A1 to the Insolvency Act 1986) in column 1 (number and description of fee) and column 2 (amount of fee (or manner of calculation)); (f) after the entry for fee 5.5 (on a request or application to set aside a default costs certificate) insert— (i) in column 1 (number and description of fee), “5.6 On a request or application for a fixed costs determination.”; (ii) in column 2 (amount of fee), “£398”; (g) omit the entry for fee 11.3 (on entering a reference for hearing by the Registrar) in column 1 (number and description of fee) and column 2 (amount of fee (or manner of calculation)); (h) in each entry relating to a fee listed in the table in Schedule 4 to this Order (“Table 4”), for the amount specified in column 2 (amount of fee (or manner of calculation)) substitute the amount specified in column 3 of the corresponding entry in Table 4 (revised amount of fee).
This section makes several changes to the Civil Proceedings Fees Order 2008.
It adds a new fee (1.9(ba)) for judicial review permission granted after a hearing, modifies fee 1.9(c), removes fees 1.10 and 3.10 (due to legislative changes and obsolescence), adds a new fee (5.6) for fixed costs determinations, removes fee 11.3 (discontinued service), and updates other fees based on Schedule 4 (inflation and cost adjustments).
- Amendment of the Family Proceedings Fees Order 2008 (1) The Family Proceedings Fees Order 2008 is amended as follows. (2) After Article 3D, insert— “3E. Fees 5.1 (on an application in existing proceedings without notice or by consent) and 5.3 (on an application in existing proceedings on notice) in Schedule 1 (fees to be taken) are not payable in respect of any application to request a change of procedure from the express financial remedy procedure in proceedings under Part 9 of the Family Procedure Rules 2010 as modified by Practice Direction 36ZH - Pilot Scheme: Express Financial Remedy Procedure.” (3) In Schedule 1 (fees to be taken), in the table, in each entry relating to a fee listed in the table in Schedule 5 to this Order (“Table 5”), for the amount specified in column 2 (amount of fee) substitute the amount specified in column 3 of the corresponding entry in Table 5 (revised amount of fee).
This section amends the Family Proceedings Fees Order 2008.
A new article 3E exempts applications to leave the express financial remedy procedure from fees.
Also, fees listed in Schedule 5 are updated to reflect adjusted amounts, mainly based on inflation.
- Amendment of the Upper Tribunal (Lands Chamber) Fees Order 2009 In Schedule 1 (fees to be taken in the Lands Chamber of the Upper Tribunal) to the Upper Tribunal (Lands Chamber) Fees Order 2009, in the table, in each entry relating to a fee listed in the table in Schedule 6 to this Order (“Table 6”), for the amount specified in the right-hand column (fee) substitute the amount specified in column 3 of the corresponding entry in Table 6 (revised amount of fee).
This section updates the fees in the Upper Tribunal (Lands Chamber) Fees Order 2009.
Fees are revised according to Schedule 6, incorporating inflation and potentially cost adjustments.
- Amendment of the First-tier Tribunal (Gambling) Fees Order 2010 In Schedule 1 to the First-tier Tribunal (Gambling) Fees Order 2010 (fees to be taken), in the table— (a) in fee 1.1— (i) in column 1 (appeal), for “a casino operating licence referred to in section 65(2)(a) of that Act”, substitute “an operating licence referred to in sections 65(2)(a) to (j) of that Act; (ii) in column 2 (amount of fee), for “£14,000” substitute “£4,521”; (b) omit the entries for fees 1.2 to 1.9 in both column 1 (number and description of fee) and column 2 (amount of fee); (c) in each entry relating to a fee listed in the table in Schedule 7 to this Order (“Table 7”), for the amount specified in column 2 (amount of fee) substitute the amount specified in column 3 of the corresponding entry in Table 7 (revised amount of fee).
This section consolidates ten gambling appeal fees (1.1 to 1.9) into a single fee (1.1), with a significantly reduced amount (£14,000 to £4,521).
Other gambling appeal fees are amended according to Schedule 7.
The changes aim to streamline the fee structure.
- Amendment of the Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 2011 (1) The Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 2011 is amended as follows. (2) In Schedule 1 (fees to be taken in immigration judicial review proceedings), in the table— (a) omit the words after fee 1.1 (for permission to apply for judicial review) (beginning “Where the Tribunal has made an order giving permission”); (b) for the words after fee 1.1(a) (on applying for a request to reconsider at a hearing a decision on permission), (beginning “Where fee 1.1(a) has been paid”) substitute “Where the Tribunal has made an order giving permission to proceed with an application for judicial review, there is payable by the applicant within 7 days of service on the applicant of that order:”; (c) for the entry for fee 1.2 (if the proceedings have been started by an application for permission to apply for judicial review) substitute— 1.2(a) Where fee 1.1(a) has been paid and permission is granted at a hearing £436 1.2(b) Unless fee 1.2(a) applies, where the proceedings have been started by an application for permission to apply for judicial review £874 (d) in each entry relating to a fee listed in the table in Schedule 8 to this Order (“Table 8”), for the amount specified in the right-hand column (amount of fee) substitute the amount specified in column 3 of the corresponding entry in Table 8 (revised amount of fee).
This section revises the Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) Fees Order 2011.
It clarifies and modifies fee 1.1 and 1.2 related to judicial review applications, essentially standardizing fees whether permission is granted initially or after reconsideration.
Further fee adjustments are based on Schedule 8 (primarily inflation).
- Amendment of the First-tier Tribunal (Property Chamber) Fees Order 2013 In Schedule 1 to the First-tier Tribunal (Property Chamber) Fees Order 2013 (fees to be taken), in the table in each entry for a fee listed in the table in Schedule 9 to this Order (“Table 9”), for the amount specified in column 2 (amount of fee) substitute the amount specified in column 3 of the corresponding entry in Table 9 (revised amount of fee).
This section updates fees in the First-tier Tribunal (Property Chamber) Fees Order 2013 using the revised amounts detailed in Schedule 9, primarily reflecting inflation adjustments.
- Amendment of the Supreme Court Fees Order 2024 (1) The Supreme Court Fees Order 2024 is amended as follows. (2) In article 1(3), for “Supreme Court Rules 2009”, substitute “Supreme Court Rules 2024”. (3) In Schedule 1 (fees payable in the Supreme Court), in paragraph 1(a), for “rule 41 of the Supreme Court Rules 2009” substitute “rule 44 of the Supreme Court Rules 2024”.
This section updates references within the Supreme Court Fees Order 2024 to reflect the change from Supreme Court Rules 2009 to Supreme Court Rules 2024.
This is a purely technical amendment to ensure consistency with current legislation.