Legal Cost Specialists

Listing fee payable once only

By on Jan 25, 2012 | 1 comment

I mentioned the other day the fact that the court hearing fee is refundable in whole or in part where a matter settles a certain number of days before the hearing.

I am grateful to Murray Heining for reminding me of the other schoolboy error to watch out for. This is the fact that the listing fee, and therefore also the hearing fee, is payable once only in the same proceedings. This is the case even where there has been a split trial ordered on liability and quantum. This may not stop certain courts from asking for the fee twice but, if a claimant is silly enough to pay again, that is no reason to recover two sets of fees on assessment.

    1 Comment

  1. “This may not stop certain courts from asking for the fee twice but, if a claimant is silly enough to pay again, that is no reason to recover two sets of fees on assessment”

    Interesting point, Simon

    what is your advice then, to solicitors in cases where the court has transferred the matter to another venue for trail, and the new court demand further listing fees, and will not list it without payment? Or how about the provisions in CPR for a claim being struck out for non-payment of the fees when requested?

    Or how about where both solicitor and draftsmen write to the court asking for the refund of the second fee ( I agree, by the way, the court should not be asking for it at all), and the court say No?

    Whilst you are clearly blase about what you think your defendant clients should be paying for, I recommend a healthy dose of reality to your thinking on occaision might assist

    Anonymous

    30th January 2012

Post a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.