The use of large up-front fees and disproportionate deposits has already resulted in significant cost consequences for one care provider.
A proposal to raise the County Court and PCOL court fees for any claim for possession of land by £75 each is out for consultation. The Government estimates this will generate an additional £17 million in income and is driven by the need to make the courts self financing.
This proposal would cover all types of possession claims such as those based on rent arrears, ASB/breach of tenancy cases as well as squatter/unlawful occupier claims.
More details on the proposals and how to reply are found on page 28 of the Enhanced Court Fees document. The six week consultation period started on 16 January and runs until 27 February 2015.
You can email replies to email@example.com.
There is also a proposal to increase the fee for general applications from £50 to £100 for without notice applications and from £155 to £255 for on notice contested applications. It appears the Government proposes not to increase the fee for applications to extend or vary an injunction to protect someone from harassment or violence (see para 112) which would be relevant to ASB cases.
Court fee increases for money only claims
Court fees for money only claims are definitely increasing following an earlier consultation (probably coming into force from April 2015). See para 65 of the above document for details. The Government has decided to introduce:
- an enhanced fee to issue money claims which will be 5% of the value of the claim;
- set a maximum fee of £10,000 for the issue of proceedings for claims with a value of £200,000 or more.
The money claim fees might reduce the number of claims for compensation brought against social landlords, however fee exemptions for persons in receipt of welfare benefits still apply.
Landlords are urged to note the potential impact on their budgeting and to reply to the consultation before the above deadline.
For more information
The government announced on 16 May that it will provide a fund of £400m to cover the costs of removal and replacement of cladding to high rise residential blocks which have failed tests.
Whilst some people are under the impression that preparing a Lasting Power of Attorney (LPA) is simply a case of completing a form and ticking a few boxes, it is about far more than this.
A big fear for some people facing divorce and the inevitable carving up of the matrimonial assets. They seek assurances that such assets will be “ring-fenced” and retained for them.
Thinking about the legal status of being a cohabitant probably isn’t at the top of the ‘to do’ list.
When an individual is thinking about making a gift to another individual, consideration needs to be given to the Potentially Exempt Transfer (PET) trap.
We are now only a few weeks away from the biggest change to data protection laws in over 20 years. Are you compliant?
The tragedy, in this case, is that there were options readily available to the midwives that they could have used. This was not a case of having to go above and beyond.
Arising from the recent Family Division announcement, people who think they are legally divorced may in fact still be married.
The SCCS has issued providers in the scheme a series of updated and new documents in order to assist with their National Minimum Wage review.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.