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Petty Debts Court Fees and Costs

Issuing a Summons

The tables below show the Court fee payable to issue a Summons and the fixed costs you will be entitled to if the Defendant does not appear and the Court gives judgment in your favour, or if the claim is not disputed. Please add these amounts on your Summons at c) and d).

Court fee to be paid at Customer and Local Services, La Motte Street, St. Helier.

Your claim amount

You will pay

Up to £100

£7

£100.01 to £500

£16

£500.01 to £1,000

£35

£1,000.01 to £5,000

£90

£5,000.01 to £10,000

£130

£10,000.01 to £15,000

£165

£15,000.01 to £25,000

£220

£25,000.01 to £30,000

£330

 

Fixed costs the Court can award if your claim is not disputed.

Your claim amount

Your fixed costs

Up to £100

£30

£100.01 to £500

£60

£500.01 to £1,000

£120

£1,000.01 to £2,500

£180

£2,500.01 to £10,000

£240

£10,000.01 to £30,000

£300

Where a claim is disputed

This section deals with what costs you may claim in the Petty Debts Court after trial.

Generally, as a successful party, you can only claim fixed costs unless the Judge makes a different order.

Where all or part of a claim has been disputed, generally a successful party can only ask for the fixed costs set out below unless the Court makes a different order.

The amount of costs you can claim as a successful party, or be ordered to pay as an unsuccessful party, will depend on the amount of damages awarded at any trial or which you have agreed should be paid.

Fixed costs for small claims

For small claims, that is, those up to £5,000, the costs the successful party may recover are:

  • fixed costs as for undisputed claim, plus:

  • £250 for preparing your pleading; and

  • £250 where you have to attend trial.

For claims between £5,000.01 and £10,000, a successful party can claim the following:

  • £240 for issuing the proceedings - (plaintiff only)

  • £400 for preparing pleadings

  • £400 for producing documents

  • £400 for producing witness statements from factual witnesses or the time spent to instruct an expert

  • £600 for trial preparation once a trial date has been fixed

  • £600 for each day you attend at trial up to a maximum of two days

For claims over £10,000 a successful party can claim the following:

  • £300 for issuing the proceedings - (plaintiff only)

  • £900 for preparing pleadings

  • £900 for producing documents

  • £900 for producing witness statements from factual witnesses or the time spent to instruct an expert

  • £1,200 for trial preparation once a trial date has been fixed

  • £1,200 for each day you attend at trial up to a maximum of three days

Witness expenses and expert fees

For all disputes, a successful party may also claim any necessary costs for any witness to attend at trial and the fees of any expert evidence, if the Court has ordered expert evidence.

The Court will decide the amount of costs or fees that you may recover. In making its decision, the Court will have regard to UK's Legal Aid Agency's "Guidance on the Remuneration of Expert Witnesses" from time to time and may also cap the amount of fees you may claim. You will not be awarded expert fees in excess of £2,000.

Other costs orders the Court may make

There are two circumstances where the Judge may make a different costs order as follows:

  1. where a plaintiff at trial is awarded a sum of money less than a previous offer to settle the claim, or

  2. where a party's conduct means that it should pay more of the successful party's costs

If you are a plaintiff and you are awarded less than a previous offer to settle your claim, which offer can be shown to the trial judge, the court will only allow you to claim fixed costs up to the date you could have accepted the offer. 

After that date a defendant can claim against a plaintiff fixed costs representing the defendant's costs of continuing to defend the claim. The Court will also set off these two figures against each other.

An order for more than fixed costs

The Court may order the party who loses at trial to pay more than the fixed costs if:

  • there were no reasonable grounds to bring or defend the proceedings; or

  • the proceedings were an abuse of the court's process by one party; or

  • the conduct of one party obstructed the just disposal of the proceedings

When the Court makes such an order, the successful party will normally be awarded standard or indemnity costs, not fixed costs.

Standard costs are compensation for the costs the Court considers you needed to incur.

Indemnity costs are any costs you have incurred which the Court considers reasonable.

Calculation of standard and indemnity costs

If the Court makes an order that a party pays standard or indemnity costs, the Greffier will assess the amount of costs you should be paid.

If you have appointed a lawyer, you will be able to claim a standard amount per hour for the lawyer you have retained. The rate is set by the Court.

If you have acted without legal advice, you will be able to claim an hourly rate representing your actual financial loss if you have evidence showing such a loss. Otherwise, you will be awarded an hourly rate of between £15 and £25 per hour for the time spent by you in bringing or defending the case.