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Civil way: 6 July 2018

05 July 2018
Issue: 7800 / Categories: Features , Civil way , Procedure & practice
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MoJ payback; orders! Orders!; credit mire; silently unmeritorious.

FEES OVERCHARGE

The County Court has been overcharging on the issue of certain CPR Pt 8 stage 3 protocol low-value personal injury road traffic and employers’ and public liability claims, extracting the sweep-up ‘any other remedy’ fee of £308 instead of the usually lower money claim fee where, for example, a paper form claim within the £3,000 to £5,000 range would cost £103 less. Staff have been given revised guidance and the Ministry of Justice (MoJ) informs us that it will be setting out details of a refund scheme in due course. Catering for cases where the inflated fee has been settled by the unsuccessful party should present a nice headache.

A reminder to court staff on the issue of the revised MoJ guidance will not go amiss along with a certificate of value to be added to the Pt 8 claim form corresponding to the relevant fee band. And a reminder to you, dear readers, that where you have procured a limitation stay of a claim under CPR PD 8.B 16 (and some district judges

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