Citation, commencement, and extent

1.—(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.

Amendment of the Non-Contentious Probate Fees Order 2004

2.  In Schedule 1 (fees to be taken) to the Non-Contentious Probate Fees Order 2004( 10), 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).

Amendment to the Gender Recognition (Application Fees) Order 2006

3.  In article 2 of the Gender Recognition (Application Fees) Order 2006 (application fees)( 11) for “£5” substitute “£6”.

Amendment of the Court of Protection Fees Order 2007

4.  In Schedule 1 (fees to be taken) to the Court of Protection Fees Order 2007( 12), 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).

Amendment of the Magistrates’ Courts Fees Order 2008

5.  In Schedule 1 (fees to be taken) to the Magistrates’ Courts Fees Order 2008( 13), 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).

Amendment of the Civil Proceedings Fees Order 2008

6.—(1) The Civil Proceedings Fees Order 2008( 14) is amended as follows.

(2) In Schedule 1 (fees to be taken)( 15), 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)( 16), 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))( 17) 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)( 18) 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).

Amendment of the Family Proceedings Fees Order 2008

7.—(1) The Family Proceedings Fees Order 2008( 19) 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( 20) as modified by Practice Direction 36ZH - Pilot Scheme: Express Financial Remedy Procedure( 21) . ”.

(3) In Schedule 1 (fees to be taken)( 22), 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).

Amendment of the Upper Tribunal (Lands Chamber) Fees Order 2009

8.  In Schedule 1 (fees to be taken in the Lands Chamber of the Upper Tribunal) to the Upper Tribunal (Lands Chamber) Fees Order 2009( 23), 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).

Amendment of the First-tier Tribunal (Gambling) Fees Order 2010

9.  In Schedule 1 to the First-tier Tribunal (Gambling) Fees Order 2010 (fees to be taken)( 24), 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).

Amendment of the Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 2011

10.—(1) The Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 2011( 25) is amended as follows.

(2) In Schedule 1 (fees to be taken in immigration judicial review proceedings)( 26), 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)( 27) substitute—

(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).

Amendment of the First-tier Tribunal (Property Chamber) Fees Order 2013

11.  In Schedule 1 to the First-tier Tribunal (Property Chamber) Fees Order 2013 (fees to be taken)( 28), 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).

Amendment of the Supreme Court Fees Order 2024

12.—(1) The Supreme Court Fees Order 2024( 29) is amended as follows.

(2) In article 1(3), for “Supreme Court Rules 2009”, substitute “Supreme Court Rules 2024( 30)“.

(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”.

Schedules

Article 2(c)

Schedule 1 Amendment of fees in the Non-Contentious Probate Fees Order 2004

Article 4

Schedule 2 Amendment of fees in the Court of Protection Fees Order 2007

Article 5(b)

Schedule 3 Amendment of fees in the Magistrates’ Courts Fees Order 2008

Article 6(h)

Schedule 4 Amendment of fees in the Civil Proceedings Fees Order 2008

Article 7(3)

Schedule 5 Amendment of fees in the Family Proceedings Fees Order 2008

Article 8

Schedule 6 Amendment of fees in the Upper Tribunal (Lands Chamber) Fees Order 2009

Article 9(c)

Schedule 7 Amendment of fees in the First-tier Tribunal (Gambling) Fees Order 2010

Article 10(d)

Schedule 8 Amendment of fees in the Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 2011

Article 11

Schedule 9 Amendment of fees in the First-tier Tribunal (Property Chamber) Fees Order 2013

Explanatory Note

(This note is not part of the Order)

This Order amends the Non-Contentious Probate Fees Order 2004 ( S.I. 2004/3120), the Gender Recognition (Application Fees) Order 2006 ( S.I. 2006/758), the Court of Protection Fees Order 2007 ( S.I. 2007/1745), the Magistrates’ Courts Fees Order 2008 ( S.I. 2008/1052), the Civil Proceedings Fees Order 2008 ( S.I. 2008/1053), the Family Proceedings Fees Order 2008 ( S.I. 2008/1054), the Upper Tribunal (Lands Chamber) Fees Order 2009 ( S.I. 2009/1114), the First-tier Tribunal (Gambling) Fees Order 2010 ( S.I. 2010/42), the Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 2011 ( S.I. 2011/2344), the First-tier Tribunal (Property Chamber) Fees Order 2013 ( S.I. 2013/1179) and the Supreme Court Fees Order 2024 ( S.I. 2024/148).

The Order amends selected court and tribunal fees set out in those instruments in order to reduce fees where underlying costs of the court and tribunal services to which they relate have decreased.

The Order amends selected court and tribunal fees set out in those instruments which were last increased to reflect inflation on 1 May 2024, in order to apply a further inflation-based increase of 3.2 percent (rounded to the nearest pound).

The Order amends selected court and tribunal fees set out in those instruments which were not increased on 1 May 2024, in order to apply an accumulated inflation-based increase of between 13.5 percent (rounded to the nearest pound).

Article 2(a) of the Order removes fee 3.2 from the Non-Contentious Probate Fees Order 2004; this fee applies to applications for a grant or probate where the estate is exempt from inheritance tax on the grounds that the deceased was an emergency responder or a member of the armed forces; such applications will no longer be subject to a fee.

Article 2(b) of the Order removes the entry for fee 9 (fees 9.1 and 9.2) from the Non-Contentious Probate Fees Order 2004; these fees are currently charged for the swearing of oaths and affidavits, and the marking of exhibits annexed to them, however this service is no longer provided.

Article 5(a) of the Order removes fee 3.1 from the Magistrates’ Courts Fees Order 2008; this is a fee for a certificate confirming a Magistrate’s decision to refuse a request to state a case for the opinion of the High Court. This service is no longer required in practice.

Schedule 3 to the Order, introduced by article 5(b), amends selected court fees where underlying costs of the court have decreased and to apply inflation based increases and increases fee 8.1 in the Magistrates’ Courts Fees Order 2008. This fee is charged for commencing proceedings in the Magistrates’ court where permission is not required to commence proceedings. The effect of the amendment is that the fee charged is the same as the sum of fees 8.2(a) and 8.2(b) charged when permission is required to commence proceedings.

Article 6(2)(a) to (c) of the Order amends the Civil Proceedings Fees Order 2008 to amend the fees for the commencement of a judicial review claim where permission has been granted at a hearing, and to increase the fee so that the total fee paid when permission is granted is the same irrespective of whether that permission is granted upon the first application, or following a request for reconsideration at a hearing. Article 10(2)(a) to (c) makes equivalent provision for the purposes of the Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 2011.

Article 6(2)(d) of the Order removes fee 1.10 from the Civil Proceedings Fees Order 2008, which applies to appeals under regulation 38(9) of the Debt Respite Scheme (Breathing Space Moratorium) (England and Wales) Regulations 2020 ( S.I. 2020/1311) for the non-disclosure of a debtor’s address where a debtor may be a victim of violence; these appeals will no longer be subject to a fee.

Article 6(2)(e) of the Order removes fee 3.10 from the Civil Proceedings Fees Order 2008; this fee was charged for the filing of insolvency documents in accordance with paragraph 7(1) of Schedule A1 to the Insolvency Act 1986 (c. 45), which was repealed by Schedule 3, paragraph 30 of the Corporate Insolvency and Governance Act 2020 (c. 12).

Article 6(2)(f) of the Order inserts a new fee 5.6 to the Civil Proceedings Fees Order 2008, to make a specific provision for an application within existing proceedings for a fixed costs determination, a new costs procedure introduced into the Civil Procedure Rules 1998 ( S.I. 1998/3132) by the Civil Procedure (Amendment No. 3) Rules 2024 ( S.I. 2024/839) which came into force on 1 October 2024.

Article 6(2)(g) of the Order removes fee 11.3 from the Civil Proceedings Fees Order 2008; this fee was charged to enter a reference for a hearing by the Admiralty Registrar however this service is no longer provided.

Schedule 4 to the Order, introduced by article 6(h), amends selected court fees where underlying costs of the court have decreased and to apply inflation based increases and increases fee 2.8 in the Civil Proceedings Fees Order 2008 to align the fee with the equivalent fee 3.2 charged in the Magistrates’ Courts Fees Order 2008.

Article 7(2) of the Order adds a new article 3E to the Family Proceedings Fees Order 2008. This exempts applicants seeking to be removed from the Express Financial Remedy Procedure pilot scheme, to be introduced by Practice Direction 36ZH to the Family Procedure Rules 2010 ( S.I. 2010/2955), from application fees that would otherwise be payable.

Article 9(a) and (b) of the Order amends the First-tier Tribunal (Gambling) Fees Order 2010 to consolidate 10 fees applicable to appeals in relation to various types of gambling operating licence into a single fee.

Article 12 of the Order updates a reference in the Supreme Court Fees Order 2024 to the Supreme Court Rules 2009 ( S.I. 2009/1603) following the introduction of the Supreme Court Rules 2024 ( S.I. 2024/949).

No impact assessment has been carried out for these amendments as no, or no significant impact, on the private, voluntary, or public sectors is foreseen.