From 6th March 2017, the Civil Proceedings Fees (Amendment) Order 2016 came into force, prior to the implementation of these amendments hearing fees were refundable on a sliding scale depending on the date of the notification to the Court where a case settled pre-trial, i.e.
100% where notification is given more than 28 days before a hearing,
75% if the court was notified between 15 and 28 days before the hearing, and,
50% if the court was notified between 15 and 28 days before the hearing.
The new rules have changed this position and as such the hearing fee is no longer refundable if a matter settles pre-trial, although the hearing fee is now payable closer to the trial itself, which will reduce the impact of this change.
This new rule does not apply to cases where the court gave notice of a trial date or the start of the trial period before 6 March 2017.