Making an application to court can be daunting enough without considering the various fees involved. Whether its for an unpaid debt, eviction order, or rent or mortgage arrears, you’ll usually need to make payments on top of what you already owe.
However, with so much conflicting information out there, it can be difficult to know if you’re eligible for help with court fees and, more importantly, where you should go to access support.
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What are court fees?
Court and tribunal fees are the cost of taking a case to court. Depending on the specifics of the case, this could include application fees, hearing fees, and adjournment fees.
Because there are so many reasons for taking a case to court and various courts available, it can be difficult to know how much you’ll pay in court fees in advance. For example, it costs £19 to apply for a certificate of satisfaction after you’ve repaid a County Court Judgment (CCJ) but but £313 to get it set aside if you disagree with the judgment.
Luckily, there is help available for court fees and you might be able to get the cost partially or fully waived depending on your circumstances (e.g. if you’re on a low income or your sole income is benefits).
Who is eligible for help with court fees?
Making an application to a court can be an expensive process, but only a small amount of people are eligible for help with court or tribunal fees. You could be eligible for money off court fees if you:
- Claim certain benefits like Income Support, Universal Credit, Income-Based Jobseeker’s Allowance, Income-Related Employment and Support Allowance, Scottish Civil Legal Aid (not Advice and Assistance, or Advice by Way of Representation), or Pension Credit (Guarantee Credit)
- Have income and savings below a certain threshold
When you apply for help with court fees, you must provide evicence of your income and savings to help the court determine if you’re eligible. This can include bank statements, payslips, and benefits confirmation letters.
Typically, only individuals with little or no savings can get help with court fees, but there are some exceptions. For example, sole traders, charities and not-for-profit organisations submitting a claim to the Supreme Court, and companies applying to the First-Tier Tribunal for Gambling (GRC) might qualify for help with court fees.
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How can I get help with court fees?
There are two main ways you can get help with court fees in the UK: by applying for legal aid or submitting an EX160 form. The kind of help you’re entitled to depends on the circumstances surrounding your case, but legal aid is only available in very specific cases.
We’ve outlined both options in more detail below:
Legal aid
Legal aid can help with the cost of getting legal advice, family mediation, and representation for a court or tribunal case. However, you’ll need to prove that your case is serious enough for legal aid and you don’t have the means to cover the required legal costs on your own.
You might be granted legal aid if:
- You are at risk of losing your home
- You have been accused of committing a crime
- You or your family are at risk of abuse, such as domestic violence
- You are being discriminated against
- You need family mediation
- You’re adding legal arguments to a case
- Your case falls under the Human Rights Act
EX160
EX160, or fee remission, is designed to help people who are on a low income and simply can’t afford to pay court fees, regardless of the nature of their claim. It’s not as restrictive as legal aid as anyone can apply for it.
To get help with fees, simply send a completed EX160 form to the relevant court by post or email.
The form will ask for your contact details, including your name and address, as well as information about your claim, such as what your case entails. It will also ask for your monthly income before tax so having this information readily available can help speed up the process.
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Can I get a refund if I’ve already paid court fees?
The Ministry of Justice launched a court fee refund scheme in 2018 after discovering some court fees had been overcharged or mischarged. If you meet the criteria for this scheme, you might be able to get a refund on a court application you’ve already submitted.
However, you must be able to prove you paid court fees directly to the court or you were ordered to pay the opposition’s court fees as these are the only instances in which you can successfully apply for a refund on court or tribunal fee.
To apply for a refund, visit GOV.UK to check if you’re eligible and fill in the necessary form to make a claim. Depending on your case, this could be an application for a full or partial refund or a low-value personal injury (LVPI) form. These online forms are the only ways you can get a refund on court fees.
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Conclusion
It can be disheartening to learn that you’ll likely need to pay a fee to make an application to court. However, you might be able to reduce or waive this fee.
The two main forms of help with court fees are legal aid and fee remission (EX160). Only individuals who meet specific criteria are eligible for legal aid, but you should qualify for fee remission if you’re on a low income and have little to no savings.
You can apply for a court fee refund if you believe you’ve paid court fees you shouldn’t have had to pay when you submitted your court application.
