The thought of going to court can be daunting and it’s normal to avoid making an application for as long as possible, especially when you factor in the various costs involved.
However, depending on your situation, you may be eligible for financial help to help you cover the cost of going to court and any legal action that may arise afterwards.
What are court fees?
When you go to court, you’ll usually have to pay fees at several stages to cover the various costs involved in handling a case, regardless of whether it was your decision to go to court.
Because courts deal with so many types of legal problems, there are various instances in which you may be required to pay court fees. The kind of things you could be expected to pay a fee for include making an application, attending a hearing, and appealing a decision.
For most court cases, you will have to pay a fee just to make an application. The amount you will be expected to pay will depend on the nature of the case and the amount being claimed, for example, the fee to apply to the court to end a divorce or civil partnership will differ from the fee to apply to the court to suspend a County Court Judgment (CCJ).
Remember, while some court fees are fixed, legal fees differ depend on how much legal advice you seek and what the individual solicitor charges. Court fees can also change over time so you must ensure any information you find is accurate and up to date.
Who is eligible for help with court fees?
Being asked to pay court fees can be inconvenient, especially if you are already experiencing financial hardship, but your financial situation may make you eligible for extra help.
Before checking if you’re eligible for help with court fees, you must review your financial situation and consider any savings and investments you have that may affect your eligibility. This will give you a clearer picture of where you stand financially and help you know how much help you’re entitled to.
Typically, eligibility will depend on your savings and investments, benefits, and income. However, sole traders and companies applying to the First-Tier tribunal for Gambling (GRC) can also apply for help and support with court fees.
Both UK and non-UK nationals can qualify for help with court fees as long as their case is being heard by a UK court or tribunal. However, if your case is being heard by the Immigration and Asylum Chamber, you won’t be eligible for support if you’re not in the country when your appeal starts.
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What benefits make you eligible for help with court fees?
Being in receipt of certain benefits can make you eligible for help with court fees. The types of benefits that can make you eligible for money off court fees include:
- Income Support
- Universal Credit (if you earn less than £6,000 a year)
- Pension Credit (Guarantee Credit)
- Income-based Jobseeker’s Allowance (JSA)
- Income-related Employment and Support Allowance (ESA)
- Scottish Civil Legal Aid (not Advice and Assistance or Advice by Way of Representation)
How do savings affect getting help with court fees?
The amount of savings you have can affect your ability to get help with fees when the go to court. For example, if your court fee is £1,000 or less, you can have up to £3,000 in savings to be eligible for money off and if your court fee is over £7,000, you can have up to £16,000 in savings.
However, if you and your partner are aged 61 or over, you can have up to £16,000 in savings, whatever your fee is.
How does your income impact how much money you can get off court fees?
As well as benefits and savings, being on a low income can also help you get money off court fees.
When you apply for help with court fees, you must disclose the total income you received in the month before you made your application. For example, if you’re making an application in July, you must report the total income you received for the month of June.
To qualify for help with court fees, your income must be:
- £1,170 or less if you’re single
- £1,345 or less if you have a partner
However, you will qualify for £265 more for each child you have, meaning your total income can be up to £1,700 for a single parent with two children or £1,875 for a couple with two children.
How much will my court fees be?
The court or tribunal fee you’ll be expected to pay depends on several factors, including the court your case is being heard by, the nature of the case, the amount claimed, and your financial situation.
For example, if you’re making a claim for money owed, court fees range from £35 to £10,000 depending on the amount you’re claiming. The fee to apply for bankruptcy, on the other hand, is £680.
Some cases require multiple fees, for example an application and hearing fee, so you must plan in advance to ensure you’re in a position to pay fees for as long as the case takes to be handled by the court.
What is Form EX160?
Form EX160C is a questionnaire designed to collect information about an individual’s financial situation when deciding whether court or tribunal fees should be reduced or eliminated. Filling in Form EX160 requires detailed information about your income, including savings, investments, and benefits.
Remember to fill in Form EX160 as honestly and accurately as possible and ensure the date is correct when you sign and complete the form. The more information you can provide at this stage, the smoother the application process will be.
Once you’ve completed the form, you can submit it to the court or tribunal handling your case. They will then review the information provided and inform you of whether your application is legitimate and you qualify for help with court fees.
How do I apply for help with court fees?
There are several ways you can apply for help with court fees if you meet the eligibility criteria.
For example, you can visit the government website on https://www.gov.uk/get-help-with-court-fees or download a paper copy of Form EX160 from https://www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees.
Always seek further help and support if you have any questions relating to court fees or are worried you won’t be able to cover the cost of going to court before court proceedings begin.
