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Court fee with 91.14 in place

7 replies

DelilahDingleberry · 23/12/2020 15:08

When applying for an order when a 91.14 is in place, does the applicant have to pay £215 for the application to apply and a further £215 for the application?

What if the application to apply is unsuccessful? Is that just £430 wasted? Or do you just paid for the application to apply and then pay for the application if the application to apply is successful?

Thanks

OP posts:
MooseBeTimeForSummer · 23/12/2020 15:18

Why? 91(14) orders are pretty rare. I only ever saw one being granted. It’s a barring order.

Unless the circumstances surrounding the child/children have substantially changed, any application for leave to apply is unlikely to be granted.

MooseBeTimeForSummer · 23/12/2020 15:20

“it is a weapon of last resort to prevent repeated and unreasonable applications”

DelilahDingleberry · 23/12/2020 20:04

I understand that. My question was specific. Do you know the answer to it?

OP posts:
TreaterAnita · 25/12/2020 23:52

Hi OP, not a family lawyer, but based on how things normally work in the civil court, you’d pay your application fee for permission to make your application (and lodge a draft of your application in support) and then, if given permission, you’d pay the further fee for the substantive application which you would have to formally lodge.

Collaborate · 26/12/2020 07:04

@TreaterAnita

Hi OP, not a family lawyer, but based on how things normally work in the civil court, you’d pay your application fee for permission to make your application (and lodge a draft of your application in support) and then, if given permission, you’d pay the further fee for the substantive application which you would have to formally lodge.
This is correct.
Collaborate · 26/12/2020 07:11

Sorry - correction. The application for leave would be made in the C100 so there would just be the one fee of £215 to pay (I think!).
assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/904862/ex50-eng.pdf

See the C100 here assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/874364/C100_eng_0818.pdf. Section 5 would be completed.

That’s my guess anyway. I’ve never issued such an application in practice so if faced with one I’d ring the court and ask them.

DelilahDingleberry · 26/12/2020 09:54

That’s really helpful. Thank you.

OP posts:
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