If the claimant has commenced proceedings before the last court fees hike and is given permission to increase a money claim conditional on payment of the additional commencement fee, how is that fee to be calculated—on the basis of the old fees regime or the (punitive) current regime?
The Civil Proceedings Fees Order 2008 (SI 2008/1053) as amended expressly provides that where a claim or counterclaim is amended and the fee paid before amendment is less than that which would have been payable if the document, as amended, had been so drawn in the first instance, the party amending the document must pay the difference. It follows that the difference is payable whether or not permission to amend has been given conditional upon payment. We take the view that the difference must be based on the fee regime prevailing when the amendment is made. There is nothing in the latest fee order to suggest that the fees payable as from the date on which it took effect should not apply to an additional fee which has become payable thereafter in proceedings previously instituted.
