This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
A comprehensive guide to court fees in public liability claims in England and Wales, explaining issue fees, hearing and application charges, fee calculation by claim value, help with fees, limitation periods and how fees affect litigation strategy and compensation recovery.
When a public liability claim proceeds through the civil justice system in England and Wales, parties must understand the role of court fees - the charges imposed by His Majesty's Courts and Tribunals Service (HMCTS) to start, manage and pursue litigation. Court fees apply to issuing claims, listing hearings, making applications and sometimes to enforcement and appeals. Knowing what fees may apply, how they are calculated, and where help is available can help claimants and defendants plan their legal action and manage risks effectively.
What Court Fees Are and Why They Matter
Court fees are standard charges that fund the administration of the civil courts. They are payable at various stages of a claim and must be paid by the party taking the relevant step (normally the claimant when starting a claim). Failure to pay required fees - at the start or at later stages - can result in a claim being struck out or a hearing being vacated.
Fees vary depending on the value of the claim, the type of application being made and the stage of the claim (for example, issuing a claim versus attending a hearing). In public liability cases, which are typically money claims for compensation, most claimants will encounter:
- Issue fees for starting the claim (based on the amount claimed).
- Hearing fees when the case moves towards a contested hearing.
- Application fees for specific procedural steps.
Issue Fees: Starting a Public Liability Claim
To start a public liability claim, a claimant usually pays an issue fee when submitting the claim form to the court. The amount depends on the value of the claim (including interest and special damages but not necessarily disbursements such as medical reports). Court fees for issuing civil claims in 2025 are as follows:
- Up to £300: £35
- £300.01 to £500: £50
- £500.01 to £1,000: £70
- £1,000.01 to £1,500: £80
- £1,500.01 to £3,000: £115
- £3,000.01 to £5,000: £205
- £5,000.01 to £10,000: £455
- £10,000.01 to £200,000: 5% of the claim value (ad valorem)
- Over £200,000: £10,000 (flat rate)
For higher‑value public liability cases - for example, serious injury claims - the ad valorem fee typically applies, meaning the fee is a percentage of the amount claimed. The maximum statutory fee caps the highest charges.
Important: Court fees are separate from legal costs (solicitor fees), medical report costs, and other disbursements. In personal injury and public liability claims, disbursements such as medical report fees are not counted in calculating the value for fee bands.
Hearing and Case Management Fees
If the dispute cannot be resolved by early settlement and proceeds towards a listed hearing or trial, hearing fees are payable. These depend on the track the claim follows (small claims, fast track, intermediate or multi‑track):
- Small claims track (usually lower‑value and less complex cases) attracts lower hearing fees - from around £27 for up to £300 claims to £346 for claims over £3,000.
- Fast track claims may carry fees of £619.
- Intermediate or multi‑track (more complex or higher‑value) attract higher fees such as £1,334.
These fees are payable by the claimant as the case progresses, unless the court directs otherwise. Failure to pay hearing fees in good time can lead to the claim being dismissed without a hearing.
Fees for Other Procedural Steps
Aside from issuing and hearings, claims often require applications to the court for orders, such as disclosure, summary judgment, interim payments, extensions of time or costs assessment. These attract general application fees (often £60–£300 or more, depending on the type of application).
Examples include:
- Permission to issue proceedings against a party not yet named: usually a nominal fee (e.g., £67).
- Applications for specific orders or interim remedies: varying fees based on the nature of the application and the rules under which it is sought.
Small Claims Track and Fee Implications
Many straightforward public liability claims - for example, minor slip and trip injuries - may be allocated to the small claims track if the value of the injury element and financial losses falls below set thresholds. Recent reforms have raised some limits: for example, claims addressing general damages up to £5,000 and special damages up to £20,000 may be eligible for simplified procedures.
Small claims track cases have comparatively lower fees and simpler procedures, and parties generally cannot recover legal costs even if they win. However, court fees still apply and must be paid to issue and pursue the claim.
Help with Fees and Relief
Individuals or claimants on low income may be eligible to apply for help with court fees (Fee Remission) through GOV.UK. This can reduce or eliminate the need to pay court fees upfront, subject to financial eligibility criteria. The application should normally be made before issuing a claim to prevent the requirement to pay the fee.
Costs Orders and Qualified One‑Way Cost Shifting (QOCS)
Although not strictly a court fee, understanding cost risks in public liability claims is critical. Under Qualified One‑Way Cost Shifting (QOCS) rules, in most personal injury and public liability cases, a claimant will not be ordered to pay the defendant's legal costs if they lose unless there has been dishonesty or unreasonable conduct. This protects claimants from significant cost liability and distinguishes legal costs from court fee obligations.
However, claimants may still be responsible for their own legal costs and court fees unless help with fees has been granted. Defendants may recover certain costs where permitted by rules or costs orders, but court fees are generally not recoverable in small claims track cases.
Practical Example
Suppose a claimant pursues a public liability claim for £7,500 for injuries and losses. The issue fee to start the claim would be around £455 (5% ad valorem). If the case reaches a hearing on the fast track, an additional hearing fee of £619 may be payable. Costs and fees add to overall litigation expenditure, which parties should plan for in advance.
If the claimant cannot afford these fees, they may apply for help with fees to reduce or waive the amounts due.
Time Limits and Fee Consequences
Public liability claims must comply with strict limitation periods (typically three years from the date of injury or knowledge of injury). Court fees become relevant if the claimant starts proceedings near the end of limitation; failure to pay required fees when due can result in the claim being dismissed, risking loss of the right to pursue compensation altogether. Parties should ensure fee obligations are met within court deadlines to avoid procedural dismissal.
Common Questions
Do I always have to pay court fees for a public liability claim?
Yes, unless granted help with fees. Court fees apply to issuing claims and subsequent stages. Eligible applicants may apply to reduce or waive fees based on financial circumstances.
Can court fees be recovered from the defendant?
In small claims track cases, court fees are generally not recoverable as costs. In other tracks, defendants may be ordered to pay some costs, but specific rules and QOCS protections affect recoverability.
What if I don't pay a hearing fee?
Non‑payment of hearing fees by the deadline can result in a claim or application being struck out or removed from the list. Prompt payment is essential to progress a case.
Key Takeaways
Court fees are an integral part of pursuing a public liability claim in England and Wales. They include issue fees based on the value of the claim, hearing fees for contested proceedings, and application fees for procedural steps. Understanding the fee structure helps claimants and defendants plan financially and comply with court requirements. Eligibility for help with fees can mitigate upfront costs for litigants with limited means. Awareness of limitation periods, fixed costs regimes and track allocations also affects strategic planning and cost‑risk management in public liability disputes.
