Dispensation from Court Fees

In the matter of Gibbs v King’s College NHS Foundation Trust , Costs Judge Rowley held that a party who was eligible for a court fee remission and declined to claim it could not normally expect to recover the fee from the losing side in the litigation.

This case goes against previous rulings on this point which Costs Judge Rowley did not consider to be binding.

The moral of the story is that all steps should be taken to check whether a Claimant is eligible for a fee remission and, if they may be eligible, an application for help with fees should be made.  Failure to do so may result in a ruling that the court fee is not recoverable from the paying party.”

Gordon Exall’s very helpful blog on this case can be read in full at:

A PARTY WHO DOES NOT OBTAIN DISPENSATION FROM FEES, IF AVAILABLE, SHOULD NOT EXPECT TO RECOVER THE FEES: COST JUDGE DECISION

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