COURT FEES: REFORMS UPDATE

Similar documents
DISPUTE RESOLUTION BULLETIN

WHY CHOOSE HFW? GENEVA

WHY CHOOSE HFW? GENEVA

THE LEGAL AND REGULATORY TREATMENT OF FPSOs, WITH A FOCUS ON LIMITATION OF LIABILITY

INSURANCE BULLETIN. Insurance/ Reinsurance. 3 December 2014

INSURANCE BULLETIN. Insurance/ Reinsurance. 18 June 2015

CHANAKA KUMARASINGHE PARTNER, HFW. Offshore Contract Performance and Termination

WHY CHOOSE HFW? COMMERCIAL AND CORPORATE LITIGATION

4. Drafting arbitration clauses

THE UK FIGHT AGAINST CORRUPTION:

THE MARITIME LABOUR CONVENTION

Brexit Paper 2: International Arbitration

INSURANCE REGULATION IN THE ADGM AND THE DIFC: A COMPARATIVE GUIDE

Litigation. Kevills fees 2018/19

Legal Business. Arbitration As A Method Of Dispute Resolution

COMMODITIES BULLETIN. Welcome to the August edition of our Commodities Bulletin. Commodities. August 2014

Just a few good reasons why

Arbitration Expanding Opportunities for Lawyers. Jamaican Bar Association/General Legal Council Continuing Legal Education Seminar

Holman Fenwick Willan LAWYERS FOR INTERNATIONAL COMMERCE

EMPLOYMENT TRIBUNAL. Pricing Information

Stephen Butler. Barrister Profiles. New York. London. Abu Dhabi. Manchester. Dubai. Outer Temple Chambers The Outer Temple 222 Strand London WC2R 1BA

INSURANCE BULLETIN. Insurance/ Reinsurance. 8 December In this week s Insurance Bulletin:

Financing Litigation. Chapter from. The little green book of dispute resolution

SHIPPING SUT WORKSHOP RAPID RESPONSE USING LOF IN OFFSHORE PROJECTS. TOM WALTERS, PARTNER (T): +44 (0) (E):

The ICC Launches New Guide for In-House Counsel on Effective Management of International Arbitration

OW BUNKER TEST CASE: THE RES COGITANS SUPREME COURT JUDGMENT HANDED DOWN TODAY. Shipping. May 2016

MAJOR NEW DERIVATIVES REGULATION THE SCIENCE OF COMPLIANCE

The Effect of Sanctions on Arbitration: Alternative Venues

The New Arbitration Law in Qatar and the UNCITRAL model law: Key differences

Blake Morgan. Employment Tribunal Fees Guide. For Individuals

James Corbett QC. built rapport and gained the confidence and trust. of the parties very quickly. Overview

INTERNATIONAL MARINE CLAIMS CONFERENCE 2017

Blake Morgan. Employment Tribunal Fees Guide. For Businesses

DISPUTE RESOLUTION AND GOVERNING LAW CLAUSES IN CHINA-RELATED COMMERCIAL CONTRACTS LEGAL GUIDE FIFTH EDITION

Small Claims, Fraud and Whiplash. Andrew Hogan

International arbitration

International Trade, Logistics & Transport

Recent and Current Practice

Your Arbitration Agreement Matters: Tips for Drafting Effective Arbitration Clauses in the U.S. Andrew Behrman February 2017

INSURANCE BULLETIN. Insurance/ Reinsurance. 30 July 2015

WIPO LIST OF NEUTRALS BIOGRAPHICAL DATA

RESOLVING COMPLEX INTERNATIONAL DISPUTES USE OF THE ENGLISH JURISDICTION FOR EFFECTIVE DISPUTE RESOLUTION. Andrew Manning Cox

Guide To Litigation Costs And Funding

3. Full protection and security. Often interpreted as complementary to, and overlapping with, fair and equitable treatment, full

Patrick Sherrington. By concentrating on the benefits of a commercial. settlement, Patrick side swept problems. Overview

FRANCHISING DISPUTES IN INDIA CHOICES DICTATE THE CONSEQUENCES

Arbitrability of IP Disputes in Russia

60 TH UIA CONGRESS BUDAPEST/HUNGARY - OCTOBER 28 - NOVEMBER 1, 2016

Response to Department of Health Consultation Introducing Fixed Recoverable Costs in Lower Value Clinical Negligence claims.

Costs Information 1 Bringing or defending claims for unfair or wrongful dismissal in the Employment Tribunal

INSURANCE COVERAGE ISSUES AFFECTING THE FINANCIAL SERVICES INDUSTRY

UNFAIR AND WRONGFUL DISMISSAL EMPLOYMENT TRIBUNAL CLAIMS PRICING AND SERVICE

Hong Kong - Central. Contact. Kristi L. Swartz. (O/A as Bryan Cave LLP)

International Arbitration

Before : MASTER GORDON-SAKER Senior Costs Judge Between :

IT and telecoms; Power; Oil & Gas; Shareholder/JV; International trade/commodities; M&A; Consultancy/agency agreements; Financial services; Sport

China Cargo Delivery Without Production of Original Bill of Lading

2016 RUSSIAN ARBITRATION ASSOCIATION SURVEY: THE IMPACT OF SANCTIONS ON COMMERCIAL ARBITRATION

M&A ACADEMY PURCHASE PRICE ADJUSTMENTS & EARN- OUTS

Information about our service for bringing and defending claims in the employment tribunal

CONTENTIOUS TRUST DISPUTES

10th Anniversary Edition The Baker McKenzie International Arbitration Yearbook. Myanmar

Zug Commodity Association Wednesday, 2 May Shipping and Trading Law Seminar

VINAYAK P. PRADHAN. : LLB (Hons) Singapore. Appointed Acting Director of AIAC on 21 st November 2018

Barristers in the international legal market

Institutional vs. ad hoc arbitration: when and why?

Could London be the easiest place to settle your clients disputes?

slaughter and may Detail from Sea Hook by Trevor Bell Dispute Resolution

SUPERSTORM SANDY INSURANCE AND REINSURANCE ISSUES. Insurance/ Reinsurance. November Introduction

Pinsent Masons in the UAE

Unauthorized Amiable Compositeur?

English High Court Limits Scope of Privilege for Documents Generated During the Course of Internal Investigations

Checklist issues to consider when completing costs budget. General comments

Two recent pro-arbitration cases from Indian courts continue the judicial trend towards recognition of arbitral independence

Guide to International Arbitration

Fixed Costs in Personal Injury and Disease Work

NDRC replaces approval regime with filing regime for foreign debt control and other legal updates from China

THE IDD COMES INTO FORCE

Insurance Act Shaking up a century of insurance law. Extract from Clyde & Co s in depth report on the Insurance Act

An individual risk assessment undertaken on your case at the outset together with in general:

ASSOCIATION OF PERSONAL INJURY LAWYERS Standard of competence for Litigators

Arbitration and Security for Costs Federica Iorio

Arbitration Agreements DOs and DON Ts

One Belt One Road and Investment Treaty Disputes

ANATOMY OF INTERNATIONAL ARBITRATION. E. Y. Park Co-Head, International Arbitration & Litigation Group Kim & Chang 12 February 2018

Proportionate liability and a case on denial of indemnity

CLAIMANTS UNBOUND DIRECT ACTIONS AGAINST INSURERS UNDER THE BRUSSELS I REGULATION

Managing the costs of litigation Alternative fee arrangements and third party funding options

TORT CONTINGENCY FEE RETAINER AGREEMENT. Bogoroch & Associates LLP Sun Life Financial Tower 150 King Street West, Suite 1901 Toronto, Ontario M5H 1J9

Integrity. Bribery Act Procedures

Presentation to kon gres 2015

Mandatory tax strategies, a code of practice and "special measures" a new era for corporates?

Index. 1. Introduction Who will work on your case? Our fees 3

Guidance on Costs Budgeting : Methodology and other issues Tim Yeo MP v Times Newspapers Limited [2015] EWHC 209 (QB)

Crime and Courts Act 2013: Deferred Prosecution Agreements Code of Practice

COMPARISON OF ARBITRATION RULES COMPARISON OF ARBITRATION RULES ICC UNCITRAL KLRCA. HKIAC HONG KONG INTERNATIONAL

Schedule of Arbitration Fees and Costs (effective 1 June 2003)

The Launch of the Business and Property Courts in Bristol. Sir Geoffrey Vos, Chancellor of the High Court

Why Finland Should Adopt the UNCITRAL Model Law on International Commercial Arbitration Christopher R. Seppälä

60 YEARS OF THE NEW YORK CONVENTION: LESSONS LEARNT. Khawar Qureshi QC 20 March 2018 Qatar

Transcription:

Dispute Resolution February 2015 COURT FEES: REFORMS UPDATE Amidst controversy, the fees for issuing English High Court proceedings are expected to increase in March 2015. The fee increases, unveiled on 16 January 2015, follow a paper setting out the UK Government response to a consultation on the reform of court fees1. The UK Government objectives of the enhanced fees are to ensure that the English courts are adequately resourced and to help reduce the burden of taxpayer subsidies currently paid to the court system. The increased court funds generated are also expected to be reinvested to assist with the costs of ongoing modernisation and improvements. However, concerns about the proposal to increase the costs of litigation have been raised at a high level. 1 Enhanced Court Fees: The Government Response to Part 2 of the Consultation on Reform of Court Fees and Further Proposals for Consultation (See: https://www.gov.uk/ government/publications/enhanced-court-fees-thegovernment-response-to-part-2-of-the-consultation-onreform-of-court-fees) 2 https://www.lawsociety.org.uk/policy-campaigns/consultationresponses/consultation-on-court-fee-proposal-reforms-lawsociety-response/ In a letter published on 2 February 2015 in The Times newspaper from the President of the Law Society and other distinguished industry heads, the Government are accused of making the decision to increase costs based on scant evidence and without full consultation. In addition, the authors argue the proposal risks damaging the UK s reputation as a global leader in commercial dispute resolution. The Law Society, the representative body for over 166,000 solicitors in England & Wales, has also set out its detailed response to the enhanced fees proposal saying that these are unacceptable and will restrict access to justice2. The enhanced fees proposals Under the existing regime, the maximum fee for issuing a claim is currently 1,920 for a money claim, applying to claims valued at more than 300,000.

Table 1: Existing fees comparison with expected enhanced fees Claim amount Exceeds 500 but does not exceed 1,500 Exceeds 1,500 but does not exceed 3,000 Exceeds 3,000 but does not exceed 5,000 Exceeds 5,000 but does not exceed 10,000 Exceeds 10,000 but does not exceed 200,000 As a result of the new measures, the maximum fee is set to increase to 10,000 for all claims valued above 200,000. For claims above 10,000 (which account for 90% of all money claims) and below 200,000, the new fee is 5% of the claim amount. By way of illustration, the new fee to issue a claim in the amount of 100,000 is 5,000 (i.e. 5% of 100,000), whilst the current fee is 1,115. Existing fees (until March 2015 TBC) 70-80 80 115 115 205 205 455 455 Enhanced fees regime (in force from March 2015 TBC) 455-1,315 5% of the value of the claim The available data suggests that the uplift will apply to many of the claims brought before the Commercial Court. 60% of all Commercial Court cases currently have a value of over 300,000 and 16% have a value of over 1,000,000. A slightly increased fee for issuing a court application, from 155 to 255, has also been announced. This new fee would, for example, apply to on notice applications to obtain an Order granting the provision of security for a Defendant s costs, or an application to obtain an Order compelling a party to disclose documents relating to the issues in dispute. Critics of the proposals argue that a downside to the new scheme is the frontloading of fees which are payable on issuing a claim (the payment of 10,000 for a claim above 200,000 will arise at the time of filing the claim form). This means that it will become more expensive to issue protective proceedings in order to avoid a time bar, for example. The measures, if they proceed, will be implemented by the Civil Proceedings and Family Proceedings Fees (Amendment) Order 2015 and are anticipated to generate an estimated 120 million per annum to be reinvested into the English court system. The Ministry of Justice has also launched a consultation seeking views on new proposals to raise fee income from possession claims and general applications in civil proceedings. The consultation period for these new proposals closes on 27 February 2015. Court modernisation and improvements While there are critics, the new fee increases are seen as part of wider efforts to modernise and improve the efficiency of the court system for the benefit of participants. These initiatives include: n The opening of the Rolls Building in central London: for the first time, the Rolls Building brought under one roof the Chancery Division, the Admiralty and Commercial Court and the Technology Court. It is regarded as the largest specialist centre for the resolution of financial, business and property litigation anywhere in the world and boasts full wi-fi technology and super- The Ministry of Justice has also launched a consultation seeking views on new proposals to raise fee income from possession claims and general applications in civil proceedings. RORY GROUT, SENIOR ASSOCIATE 02 Dispute Resolution

differences between the English High Court and other major alternative dispute resolution forums, such as the LCIA and LMAA. Cost advantages of the English High Court Further cost advantages offered to English High Court litigants include the following: Although the emphasis of the new proposal is for increased funding of these initiatives to come from litigants and not the taxpayer, the good news for litigants is that the Government is unlikely to introduce daily hearing fees for commercial proceedings. This remains one of the significant differences between the English High Court and other major alternative dispute resolution forums, such as the LCIA and LMAA. PAUL DEAN, PARTNER courts for large high-value disputes as well as multi-party cases. These include recent high profile cases such as Berezovsky v Abramovich [2012] and more recently Otkritie Investment Management Ltd & Ors v Urumov & Ors [2014], a case involving an alleged fraud worth US$175 million, 19 defendants and a hearing that lasted 46 days over six months, with over 20 witnesses giving evidence by videolink. n Technological advances: in civil matters, it is already possible to file many documents by email, including key documents such as the Particulars of Claim, Defence and Acknowledgment of Service. However, a new system for e-justice the electronic filing of claims and online payments is also in the pipeline for High Court multi-track claims (i.e. high value claims), possibly to be implemented later this year in October. To encourage electronic filing, discounts of 10% will apply to fees where the claim is initiated electronically using the Secure Data Transfer facility or Money Claims Online, although it is understood that this discount may not apply for claims of 100,000, or above. n Rationalisation: as part of the drive towards improved efficiency, staff numbers have already been cut by 3,500 since 2010. Although the emphasis of the new proposal is for increased funding of these initiatives to come from litigants and not the taxpayer, the good news for litigants is that the Government is unlikely to introduce daily hearing fees for commercial proceedings. This remains one of the significant n No hourly fees: the Judge s costs are included as part of the fixed court fee. Time spent by a Judge hearing the dispute, or dealing with interim applications, is not charged to the parties. An arbitrator will tend to charge an hourly rate, which will vary. n Low administration costs: again these are included as part of the fixed fee. By comparison, both the ICC and LCIA charge administration costs. n No advance deposit: both the ICC and LCIA commonly require an advance deposit for the anticipated arbitrators fees and administrative costs. It is not unheard of for LMAA arbitrators to require security for their costs, which is an express entitlement under the terms of the LMAA Rules. Conclusion It remains to be seen how the Government responds to the calls for it to reconsider, but we shall report further when there are developments. Dispute Resolution 03

Table 2: Fees Comparison Table for a Claim of US$1 million Note: this table is for indicative purposes only, all fees referred to are subject to change and should be verified with the relevant administrative body. It also does not include the costs of a party s legal advisors or third party disbursements, such as expert fees. Type of cost English High Court London Maritime Arbitrators Association (LMAA) 1. Issuing/ appointment fee 2. Any further fees payable in advance of an Award/ Judgment? Existing regime (in force from April 2014 until approx. March 2015 3 ) Enhanced fees regime (in force from approx. March 2015 3 ) 1,920 10,000 250 Fixed appointment fee per arbitrator. Yes, but limited to the fixed fee at the time of issuing any interim application and the setting down fee for trial (referred to below). 3. Hourly fees No, the Judge s time is not charged. Yes, but limited to the fixed fee at the time of issuing any interim application and the setting down fee for trial (referred to below). No, the Judge s time is not charged. Not normally A Tribunal is entitled to reasonable security for its estimated costs (including its fees and expenses) up to the making of an Award 4. In practice, it is relatively unusual for a Tribunal to require security for its costs, which will be assessed at the Tribunal s discretion on a case by case basis. Yes. Hourly rates apply. These vary and are agreed at the outset on appointing the Arbitrator. International Chamber of Commerce (ICC) US$3,000 Filing fee paid by the claimant when filing the Request for Arbitration. The filing fee is credited to the claimant for its share of the advance on costs (see below). Yes Advance on costs is calculated on the amount of the claim and for (i) Arbitrators fees and (ii) ICC administrative fees. Arbitrators anticipated expenses also to be included. Example: Arbitrator s fee 5 : US$39,378 (total for both parties). ICC administrative fee: US$21,715 6. No. The Arbitrators fees are set as a percentage of the amount depending on the complexity of the case. London Court of International Arbitration (LCIA) 1,750 Registration fee payable with the Request for Arbitration. Commonly, yes The LCIA may direct the parties to pay anticipated administrative charges, plus Tribunal fees and expenses. Example: Arbitrator s fee 7 : 37,698.58 (per party). Administration fees: 30,617.34. Yes. These vary, but must not exceed 450/hr. 04 Dispute Resolution

Type of cost English High Court London Maritime Arbitrators Association (LMAA) 4. Administrative costs Existing regime (in force from April 2014 until approx. March 2015 3 ) Included in filing fee. 5. Interim applications 155 fixed fee for each on notice application. No further fee applies. 6. Booking fee for trial/hearing 1,090 fixed fee, regardless of the hearing duration. Enhanced fees regime (in force from approx. March 2015 3 ) Included in filing fee. 255 fixed fee for each on notice application. No further fee applies. 1,090 fixed fee, regardless of the hearing duration. No. No fixed fee. Arbitrator(s) will charge their hourly rates. An Arbitrator at their discretion may require payment of their fees to date, but more usually these would be dealt with at the time of the award. 1,000/day for hearings up to ten days. International Chamber of Commerce (ICC) Yes. Set percentage of the amount of the claim. Fee taken into account in overall fixed fees (see above). Fee taken into account in overall fixed fees (see above). London Court of International Arbitration (LCIA) Yes. Hourly rates apply. Rates vary from 150/ hr to 250/hr. No fixed fee. Based on hourly rates. No booking fee. Hearing fees are taken into account in Arbitrator s fees charged on an hourly basis (see above). 3 Exact date to be confirmed. This is on the basis of current proposals and subject to the Government response to the calls to reconsider its proposals. 4 See paragraph (E) to the First Schedule of the LMAA Rules (2012), allowing a Tribunal to require reasonable security for its estimated costs (including its fees and expenses) up to the making of an Award. 5 Average fee estimate based on the appointment of a sole arbitrator, using the ICC online calculator. This fee estimate does not include Arbitrator s disbursements. See http://www.iccwbo.org/products-and-services/arbitration-and-adr/arbitration/cost-and-payment/cost-calculator/ for more details. 6 Average fee estimate calculated, using the LCIA website online calculator. See https://www.international-arbitration-attorney.com/lcia-arbitration-costcalculator/ for more details. 7 Assuming the appointment of a sole arbitrator. This estimate does not include any disbursements incurred by the arbitrator(s). Dispute Resolution 05

For more information, please contact the authors of this Briefing: Paul Dean Partner, London T: +44 (0)20 7264 8363 E: paul.dean@hfw.com Rory Grout Senior Associate, London T: +44 (0)20 7264 8198 E: rory.grout@hfw.com HFW s London office is part of an international network of 13 offices in 11 countries. For further information about dispute resolution related issues in other jurisdictions, please contact: Damian Honey Partner, London T: +44 (0)20 7264 8354 E: damian.honey@hfw.com Guillaume Brajeux Partner, Paris T: +33 1 44 94 40 50 E: guillaume.brajeux@hfw.com Konstantinos Adamantopoulos Partner, Brussels T: +32 2 643 3401 E: konstantinos.adamantopoulos @hfw.com Jeremy Davies Partner, Geneva T: +41 (0)22 322 4810 E: jeremy.davies@hfw.com Dimitri Vassos Partner, Piraeus T: +30 210 429 3978 E: dimitri.vassos@hfw.com Henry Fung Partner, Hong Kong/Shanghai T: +852 3983 7777/ +86 21 2080 1000 E: henry.fung@hfw.com Gavin Vallely Partner, Melbourne T: +61 (0)3 8601 4523 E: gavin.vallely@hfw.com Stephen Thompson Partner, Sydney T: +61 (0)2 9320 4646 E: stephen.thompson@hfw.com Hazel Brewer Partner, Perth T: +61 (0)8 9422 4702 E: hazel.brewer@hfw.com Jeremy Shebson Partner, São Paulo T: +55 11 3179 2900 E: jeremy.shebson@hfw.com Simon Cartwright Partner, Dubai T: +971 4 423 0520 E: simon.cartwright@hfw.com Mert Hifzi Partner, Singapore T: +65 6411 5303 E: mert.hifzi@hfw.com 06 Dispute Resolution

Dispute Resolution 07

Lawyers for international commerce hfw.com 2015 Holman Fenwick Willan LLP. All rights reserved Whilst every care has been taken to ensure the accuracy of this information at the time of publication, the information is intended as guidance only. It should not be considered as legal advice. Holman Fenwick Willan LLP is the Data Controller for any data that it holds about you. To correct your personal details or change your mailing preferences please contact Craig Martin on +44 (0)20 7264 8109 or email craig.martin@hfw.com São Paulo London Paris Brussels Geneva Piraeus Dubai Shanghai Hong Kong Singapore Melbourne Sydney Perth