Ex160 Fee Remission and Costs

[Amethyst]

I have seen on various places in last few weeks people saying they wouldnt be liable for costs in the event they lose in court because they are eligible for fee remission.

I disagree and can find nothing in the CPR or fee remission rules that backs this comment up and obviously am concerned about people heading into court unaware of the risk of costs.

If I am incorrect and have missed something in the CPR or elsewhere can someone please point it out to me.

Thank you.

[enaid]

Re: Ex160 Fee Remission and Costs

From what I can gather the fee remission is purely to allow people on low incomes access to the court system.
Costs are then down to the Court’s discretion and there are loads of different circumstances to be taken into account when exercising its discretion as to costs. I could find nothing that stated people exempt from court fees were automatically exempt from costs.

[Guest]

Re: Ex160 Fee Remission and Costs

I think they are confusing costs and fees. The EX160 provides a fee remission or exemption and does not apply to any costs that may be awarded.

[Amethyst]

Re: Ex160 Fee Remission and Costs

Thanks Cet and Nelly, exactly what I thought too. I won't feel so bad about saying it now.

[nigel-9999]

Re: Ex160 Fee Remission and Costs

Hi
I'm a newbie to all this, having just received a claim against me for less than £150 with "FEE remisson" stamped on it, I'm interested in this thread since I suspect if fees or costs were to be paid by the Claimant that this claim would never have been raised.
I've just written to the Court to ask why Fee Remission is being allowed since I do not believe that the Claimant has any grounds to be allowed this since he states that he is claiming on behalf of a "CLUB" as the secretary (the Cliub is not named in the claimant details).

Main thing here though is that is there is any possibility that the the claimant will be "let off" paying my costs then that makes a nonesense of the whole "have to fair to both parties" as stated in the guidelines in the the "Overriding Objectives", since there will be a costs to me even If I win, and I am going to be out of pocket meaning that in effect I've lost from a financial perspective.

Does anyone know if the General HMCS guidlelines on Costs cover this. I've noted words such as "proportionate", and "reasonable", but nothing regarding ability to pay (other than by installments).

Does anyone know if the income for a Club is taken into account is the claim is by or on behalf of a Club.

[charitynjw]

Re: Ex160 Fee Remission and Costs

I think that the Court have to take into consideration a 'means' test.
But if the OP is a club...............

[Guest]

Re: Ex160 Fee Remission and Costs

Since the claim is for less than £5000 and unless it is being litigated by a solicitor, each side is responsible for their own costs and if you win, there will be no cost to you at all.