What Are Court Fees?
Court fees are charges you must pay to the court when you start or progress a legal case in the UK. These fees help cover the cost of running the courts and providing essential services, such as processing paperwork, scheduling hearings, and maintaining court facilities. The main purpose of court fees is to contribute to the overall administration of justice, ensuring that the legal system remains accessible and efficient for everyone.
There are several types of court fees you may encounter, depending on the nature of your case. Common examples include fees for starting a claim (such as in civil or family matters), filing important documents, applying for a court order, or requesting specific court services. For instance, if you want to issue a claim for money owed or apply for a divorce, you will usually need to pay a fee at the outset. Further fees may be required as your case progresses, such as for hearings or appeals. You can find detailed information about specific court costs and when they apply.
Court fees are set by the government and are governed by rules and regulations, including the Civil Procedure Rules 1998, which outline procedures for civil cases. The responsibility for collecting and managing court fees falls to the HM Courts & Tribunals Service, the agency that oversees courts and tribunals in England and Wales.
It’s important to note that court fees are just one part of the broader category of court costs, which may also include solicitor’s fees, expert witness charges, and other expenses related to your case.
If you are worried about being able to afford court fees, there are options for financial help. You may be eligible for a fee reduction or even exemption if you’re on a low income or receive certain benefits. The government provides clear guidance on how to apply for help with fees, including eligibility criteria and the application process. To learn more about what court fees are, how much you might need to pay, and what support is available, visit the official Court Fees page on GOV.UK.
Types of Court Fees You May Have to Pay
Court fees are charges you may need to pay when starting or continuing a legal case in the UK. The exact fees depend on the type of case, the value of the claim, and what actions you take during the proceedings. Understanding these fees can help you budget for your case and avoid unexpected costs.
Common Types of Court Fees
Claim Fees
Claim fees, sometimes called issue fees, are charged when you first start a case in court. For example, if you are making a civil claim (such as for money owed), you will usually pay a fee based on the amount you are claiming. The Civil Procedure Rules 1998, Part 45 set out the framework for these fees in civil courts, including county courts and the High Court.
In family law cases, claim fees apply when you submit applications such as divorce or child arrangements orders. The Family Procedure Rules 2010 outline the relevant procedures and associated fees for family proceedings.
Hearing Fees
If your case goes to a court hearing, you may need to pay a separate hearing fee. This fee covers the cost of the court’s time and resources for your hearing. The amount varies depending on the type and complexity of the case. For example, in civil claims, hearing fees increase with the value of the claim, while in family cases, fees for hearings are set out in the Family Procedure Rules 2010.
Document Filing Fees
Certain documents filed with the court, such as applications for specific orders or responses to claims, may attract additional fees. These can include filing a defence in a civil case or making a specific application in a family matter. Always check the relevant rules, such as the Civil Procedure Rules 1998, Part 45, for details on when these fees apply.
Enforcement Fees
If you win your case but the other party does not comply with the court’s order, you may need to take enforcement action. This can involve further fees, such as applying for a warrant of control (to instruct bailiffs) or requesting the court to enforce a child arrangements order. For example, negotiating payment with bailiffs may involve additional costs, and it is important to understand these before proceeding.
In family cases, enforcement actions – such as making an application to enforce a child arrangements order – carry their own fees. For a detailed guide on this process and associated costs, see child order enforcement fees.
Examples of Fees for Specific Proceedings
- Family Cases: Fees apply for divorce petitions, child arrangement applications, and enforcement of family court orders. The Family Procedure Rules 2010 provide a comprehensive overview of these requirements.
- Civil Claims: Starting a money claim or other civil case involves issue and hearing fees, which increase with the value of your claim. The Civil Procedure Rules 1998, Part 45 set out the relevant details.
- Employment Tribunals: While many employment tribunal fees have been abolished, some proceedings may still involve costs, especially for certain applications or reviews. You can find the official rules in the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. For more information on the types of claims that might involve fees, see our page on court fees for employee claims.
How Fees Vary
Court fees are not fixed for every case – they depend on:
- Type of Case: Family, civil, and employment cases all have different fee structures.
- Value of Claim: In civil cases, higher-value claims attract higher fees.
- Stage of Proceedings: Fees may be due when filing, before a hearing, or when taking enforcement action.
- Specific Applications: Certain requests, such as urgent applications or appeals, have their own fees.
Before starting any legal action, it’s important to check the relevant rules or ask the court for a full list of potential fees. Being aware of these costs can help you plan ahead, especially if you may need to take steps like negotiating payment with bailiffs or enforcing a court order.
If you are worried about court fees or need help managing the costs, you may be eligible for help with fees or other support. Explore related topics on our site to learn more about reducing or avoiding court costs.
When and How You Need to Pay Court Fees
When and How You Need to Pay Court Fees
Court fees are charges you must pay at various stages when using the UK court system. Knowing when and how to pay these fees is crucial, as missing payments can affect your case. Here’s what you need to know:
When Are Court Fees Due?
Court fees are typically required at key points during your legal journey, including:
- Starting a Case: Most claims, such as civil or family cases, require an upfront fee when you submit your initial application or claim form.
- Filing Documents: Additional fees may apply when you file certain documents during the case, such as witness statements or applications for court orders.
- Requesting Hearings: If you ask for a hearing or trial, you’ll usually need to pay a hearing fee before the court date is set.
- Other Court Services: Fees can also arise for services like issuing warrants, making appeals, or enforcing judgments.
For a full breakdown of when and how much you might need to pay, visit the Court Fees page on GOV.UK. The Civil Procedure Rules 1998 set out the official legal framework for court fee payments.
If you are considering going to court, it’s important to factor in these costs as part of your decision-making process.
How Can You Pay Court Fees?
UK courts accept several payment methods, including:
- Online Payments: For many cases, you can pay fees online through the court’s digital services.
- By Phone: Some courts accept card payments over the phone.
- In Person: You can usually pay by debit or credit card, cheque, or postal order at the court office.
- By Post: Cheques or postal orders can be sent to the relevant court, made payable to ‘HM Courts & Tribunals Service’.
Always check with the specific court for accepted payment methods, as these can vary. The HM Courts & Tribunals Service is responsible for administering court fees and can provide guidance if you’re unsure.
Consequences of Not Paying Court Fees
Failing to pay court fees on time can have serious consequences, such as:
- Delays: Your application or case may not progress until the required fee is paid.
- Refusal to Process Documents: The court may refuse to accept or process your documents.
- Struck Out Cases: In some situations, your case could be struck out or dismissed if fees remain unpaid.
To avoid these issues, make sure you know the deadlines for fee payments and keep records of all transactions.
What Happens to Court Fees After Your Case?
After your case ends, the court may decide who is responsible for paying the fees. In many cases, the losing party may be ordered to pay some or all of the other side’s costs, including court fees. These decisions are known as cost orders.
If you win your case, you might be able to recover the fees you paid. However, this is not guaranteed – cost orders are at the court’s discretion and depend on the circumstances.
For more details about how court fees are set, paid, and potentially recovered, see the Court Fees guide and consult the Civil Procedure Rules 1998.
Understanding when and how to pay court fees can help you avoid delays and manage the costs of legal action effectively. If you’re on a low income or receiving benefits, you may be able to get help with court fees – see the official guidance on the Court Fees page for more information.
Help With Court Fees If You Cannot Afford Them
If you are worried about paying court fees, there are several ways you may be able to get help so that costs do not prevent you from accessing justice. The UK legal system offers fee waivers and reductions for people who cannot afford to pay, and there are also other forms of financial support available.
Fee Waivers and Reductions
In many cases, you may qualify for a reduction in court fees, or even a full waiver, depending on your financial circumstances. This support is commonly known as help with court fees. The rules for who qualifies are set out in the Court Fees (Civil Proceedings) Rules 2008, which detail the official criteria and process for obtaining a fee waiver.
You may be eligible for help if you:
- Receive certain benefits, such as Universal Credit, Income Support, or income-based Jobseeker’s Allowance. For more details on how Income Support can assist with court fees, see Advicenow’s guidance.
- Have a low income, with savings and investments below a set limit.
- Are facing financial hardship due to your personal circumstances.
If you are unsure whether you qualify, it is worth checking the detailed requirements, as you may be able to get partial or full help with fees.
How to Apply for Help With Court Fees
To apply for a fee waiver or reduction, you need to complete an application – usually called the “Help With Fees” (HWF) form. You can find more information and step-by-step instructions on the help with court fees page.
When applying, you will need to provide evidence of your financial situation. This might include:
- Proof of benefits (such as a recent award letter)
- Recent payslips or bank statements
- Details of your savings and investments
It’s important to submit accurate and complete information. If you’re missing evidence, your application could be delayed or refused.
Other Financial Support
If attending court in person is difficult due to the cost of travel, especially if you are disabled or a carer, you may be able to get help with transport costs. This can help cover the cost of getting to and from court, ensuring that financial barriers do not stop you from participating in legal proceedings.
Seek Help Early
If you think you might struggle to pay court fees or need other financial support, it is important to seek help as soon as possible. Early application gives you time to gather the necessary documents and avoid any delays in your case. The HM Courts & Tribunals Service is responsible for processing these applications and can provide guidance if you are unsure.
For more practical advice and support, visit the help with court fees section, where you will find detailed guidance on the process and eligibility.
Managing and Funding Your Court Costs
Managing the costs of going to court can feel overwhelming, but there are several ways you can fund your legal case and keep expenses under control. Understanding your options and planning ahead will help you make informed decisions and reduce financial stress throughout the legal process.
Funding Options for Your Legal Case
There are three main ways people typically fund their legal cases:
- Private Funding: This means paying for court fees and legal services out of your own pocket. It’s important to get clear estimates from your solicitor or legal adviser upfront and ask for a breakdown of all likely costs, including court fees, solicitor fees, and any additional charges.
- Legal Aid: If you’re on a low income or receive certain benefits, you may qualify for help with legal costs. Legal aid is governed by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, which sets out who is eligible and what types of cases are covered. Not all cases qualify for legal aid, so check carefully to see if your situation applies.
- Legal Expenses Insurance: Some home or car insurance policies include cover for legal costs. Check your existing policies or speak to your insurer to see if you have this type of cover, which could help pay for court fees and legal advice.
For a detailed overview of these and other methods, see our guide to funding your case.
Budgeting for Court Fees and Legal Expenses
Careful budgeting is essential when preparing for court. Here are some practical tips:
- Get Written Quotes: Ask your solicitor or adviser for written estimates of all likely costs, including court fees, expert reports, and any additional expenses.
- Plan for Unexpected Costs: Legal cases can sometimes take longer or become more complex than expected. Set aside a contingency fund if possible.
- Track All Expenses: Keep a record of every payment and invoice related to your case. This will help you stay on top of your budget and spot any unexpected charges quickly.
- Check for Fee Exemptions or Reductions: If you’re on a low income or receive certain benefits, you may be eligible for reduced court fees or a fee waiver. Ask the court or your adviser about the application process.
Court Fees as Part of Your Overall Funding Strategy
Understanding court fees is a crucial part of your overall case funding plan. Court fees can vary depending on the type of case, the value of the claim, and the stage of proceedings. Make sure you know:
- When fees are due: Most court fees must be paid at the time you start your case or apply for a court order.
- What fees cover: Fees can include issuing a claim, applications to the court, and hearing fees. Each fee is separate, so factor them all into your budget.
- How to apply for help: If you’re struggling to pay, ask about hardship schemes or legal aid as early as possible.
Seeking Professional Advice
Every legal case is different, and the best way to manage and fund your court costs will depend on your personal circumstances. Speak to a qualified legal adviser or solicitor as soon as possible – they can help you understand your options, check your eligibility for legal aid, and advise on the best approach to funding your case.
By planning ahead and exploring all available options, you can take control of your court costs and focus on achieving the best outcome for your case.
Recovering Court Fees and Costs From Another Party
When you win a case in court, you may be able to recover some or all of your court fees and legal costs from the other party. This is usually done through a cost order, which is a formal decision by the judge about who should pay the costs of the case.
When Can You Recover Court Fees?
The court typically has discretion to decide whether the losing party should pay your court fees and other costs. In civil cases, the general rule is that the unsuccessful party will be ordered to pay the successful party’s costs, though there are exceptions. Factors such as the conduct of both parties, whether reasonable attempts were made to settle, and the way the case was handled can all influence the decision.
What Does a Cost Order Cover?
A cost order can cover a range of expenses, including:
- Court fees (such as issue fees and hearing fees)
- Reasonable legal costs (for solicitors and barristers)
- Certain expert witness fees
- Other expenses directly related to the case
However, the court may not award the full amount you have spent. Costs are often assessed to ensure they are reasonable and proportionate. Sometimes, only a percentage of your costs will be recoverable.
How Do You Apply for Cost Recovery?
At the end of your case, you (or your solicitor) can ask the court to make an order for costs. The judge will usually decide immediately after the outcome is announced. If the court agrees, it will issue a cost order specifying the amount to be paid or set a process for assessing costs if the amount is disputed.
If you and the other party cannot agree on the amount, the court may hold a separate hearing to determine what is fair. You will need to provide evidence of the fees and costs you are claiming.
For a more detailed guide to the process, see our page on recovering costs.
Limitations and Risks
It’s important to understand that relying on cost recovery is not risk-free:
- The court may decide not to award costs, or may only award a portion of your fees.
- If you lose your case, you might have to pay the other party’s costs as well as your own.
- Even if you win and receive a cost order, there is no guarantee the losing party will pay promptly, or at all. Enforcement action may be required.
Court rules and guidance on costs are set out in PART 44 GENERAL RULES ABOUT COSTS Justice UK, which explains in more detail how cost orders work and what the court will consider.
Before starting a claim, it’s wise to consider both the possibility of recovering your costs and the risk of having to pay someone else’s. If you have questions about your situation, it may help to seek advice or explore more about cost orders and recovering costs from another party.
