Civil Procedure Rules (CPR): Key sections include Part 44.2 regarding court's discretion as to costs and Practice Direction 44 on costs. These rules govern civil court procedures in England and Wales and are fundamental to fee waiver applications.
Courts Act 2003: Sections 92 and 93 provide the statutory basis for court fees and the power to prescribe fees in England and Wales, forming the legal foundation for fee waiver applications.
Court Fees (Miscellaneous Amendments) Order: Contains the current fee structures and amendments to court fees, which needs to be referenced when specifying which fees are being requested for waiver.
HM Courts & Tribunals Service Fee Remission System: Includes Form EX160 (Application for Help with Fees) and establishes the Help with Fees criteria and thresholds for determining eligibility for fee waivers.
Legal Aid, Sentencing and Punishment of Offenders Act 2012: Contains provisions regarding access to justice and legal aid eligibility criteria, which may be relevant to supporting the necessity of a fee waiver.
Civil Proceedings Fees Order: Provides the current fee schedule and exemption provisions that must be considered when applying for fee waivers in civil proceedings.
Human Rights Act 1998: Article 6 enshrines the right to fair trial and access to justice considerations, which can support arguments for fee waivers when access to courts would otherwise be prevented.
