Dear Ministry of Justice,
1) Are the proceedings void, where the prescribed court fee, as anchored in law, has not been paid, and no fee remission has been granted?.
2) Is the non payment of prescribed court fees, where no fee remission has been granted, for proceedings (as anchored in law), a criminal Offence?
A simple yes or no will suffice.
Thank you for your e-mail, I am writing to advise you that your enquiry does not fall under the Freedom of Information regime and will be treated by the department as Official Correspondence.
It may be helpful if I explain that the Freedom of Information Act (2000) gives individuals and organisations the right of access to all types of recorded information held, at the time the request is received, by public authorities such as the Ministry of Justice (MoJ). Section 84 of the Act states that in order for a request for information to be handled as a Freedom of Information (FOI) request, it must be for recorded information. For example, a Freedom of Information request would be for a copy of a policy, rather than an explanation as to why we have that policy in place. On occasion, the Ministry of Justice receives requests that do not ask for recorded information, but ask more general questions about, for example, a policy, opinion or a decision.
This will be dealt with as Official Correspondence and you can expect a response from the appropriate area of the department.
If you do have any questions relating specifically to the Freedom of Information or Data Protection Act, please contact the Data Access and Compliance Unit at the following e-mail address: [email address].
Dear Mr Badaloo,
Thank you for your email. I have answered your questions below.
1) Are the proceedings void, where the prescribed court fee, as anchored
in law, has not been paid, and no fee remission has been granted? Yes.
Cases will not proceed without payment and if no payment is made then the
case will be closed/dismissed.
2) Is the non payment of prescribed court fees, where no fee remission
has been granted, for proceedings (as anchored in law), a criminal
Offence? No. As above, the case will not proceed.
Court and Tribunal Fees
Justice and Courts Policy Group
3rd Floor, 3.38
102 Petty France
London, SW1H 9AJ
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