Understanding Court Fees and Legal Costs

This comprehensive guide explains court fees and legal costs in England and Wales. It is designed for members of the public, students and solicitors. The article explains what court and tribunal fees are, how they differ from legal costs (such as solicitor fees), how fees and costs operate across different types of claims, options for help with fees, how costs orders work, potential risks, and answers common questions.

What Are Court Fees and Legal Costs?

When you take a case to a court or tribunal - whether it is a civil claim, family matter, property dispute or other legal issue - you may have to pay court fees to start and run the case. Separately, you may incur legal costs, such as fees for solicitors, barristers or expert witnesses. Although both involve money, court fees and legal costs are distinct: fees go to HM Courts & Tribunals Service (HMCTS) to cover administration of justice, while legal costs are paid to solicitors for their work.

Understanding the structure of fees and costs helps people plan effectively, decide whether to pursue a claim, and consider practical options such as fee remission or fixed costs rules.

Court and Tribunal Fees: How They Work

Types of Fees

In England and Wales, you may pay fees to:

• Issue a claim or application to a court or tribunal
• Attend a hearing or trial
• File applications or interim steps (such as permission to appeal or enforcement steps)
• Pay fees for appeals or additional case management steps

Fees vary depending on the type of claim, the value of the claim (if applicable), and the track the case is assigned to (for example, small claims, fast track or multi‑track).

Examples of Civil Court Fees (County Court and High Court)

Civil court fees for issuing a money claim are based on the value of the claim:

• 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

Higher value claims attract proportional fees, and additional fees may apply to countersuits or related matters.

Hearing Fees

Fees are also charged when a case proceeds to a hearing:

• Small claims hearing: £27 – £346 depending on claim value
• Fast track hearing: £619
• Intermediate or multi‑track hearing: £1,334

These hearing fees are usually payable by the claimant unless the defendant's counterclaim becomes the primary issue.

Appeals and Other Fees

There are fees for filing notices in appeals and general applications (for example, amending a claim or seeking a court order), with different rates depending on the court and type of application.

Fee Remission and Help with Fees

You may not have to pay full fees if you have limited income or savings. The Help with Fees (HwF) scheme lets eligible individuals apply to reduce or waive court and tribunal fees based on financial circumstances. Certain benefits, low income, or lack of savings can make you eligible.

In addition to standard HwF, the Lord Chancellor's Exceptional Power may allow remittal of fees if paying a fee would cause undue hardship. Decisions take into account income, expenses, capital and other factors.

Legal Costs: What You May Have to Pay

Legal costs are separate from court fees and reflect the work done by solicitors such as solicitors, barristers and expert witnesses. Costs include:

• Solicitor fees: Often charged by the hour, fixed fee, or on a conditional basis (such as “no win, no fee”).
• Barrister fees: Charged for advocacy in court or specialist advice.
• Expert reports: Medical, engineering or valuation reports may be necessary to support a claim.

Unlike court fees, legal costs are not standardised by statute and can vary significantly based on complexity and legal representative. For example, legal fees for employment tribunal claims can range from several thousand pounds for straightforward matters to substantially more for complex litigation, and expert reports may add further costs.

Recovering Costs from the Other Party

In civil litigation, the general rule is that the loser pays costs - meaning the unsuccessful party may be ordered to pay some or all of the winner's costs, including legal fees and court fees. However, this is subject to judicial discretion and exceptions:

• In the Small Claims Track, costs recoverable from the other side are typically limited or greatly reduced, and parties usually bear their own legal costs unless behaviour is unreasonable.
• In higher tracks (fast track, multi‑track), successful parties may be able to recover more of their legal costs.
• Courts assess detailed costs claims and may require a detailed assessment if parties do not agree.

Civil Procedure Rules (CPR) and Practice Direction 45 set out fixed costs tables and frameworks for how much can be recovered, especially in personal injury cases and other specified protocols.

Employment Tribunal Fees and Costs

Currently, employment tribunal claims are generally free to bring - unlike civil court proceedings - following the Supreme Court's ruling that fees previously charged were unlawful because they impeded access to justice. There were proposals to reintroduce fees, but recent government statements indicate that fees for bringing or appealing tribunal claims will not be reintroduced in the immediate future.

Legal costs in employment tribunals (such as solicitor and counsel fees) remain separate from court fees and are subject to specific rules on costs orders in tribunal proceedings.

Practical Considerations

Planning for Costs

• Estimate court fees early: Use the government's court fee tables to calculate issuing and hearing fees for your claim.
• Consider fee remission: If you have limited means, apply for Help with Fees before paying court fees.
• Budget for legal costs: Speak to solicitors about their fee structure, whether hourly, fixed, or conditional.

Risks and Costs Orders

In civil claims, losing parties may face a costs order requiring them to pay the other side's legal costs and court fees. Judges assess whether costs orders are appropriate based on conduct and results, and may restrict recovery in small claims cases.

Common Questions

Can I recover court fees from the other side if I win?
Yes - in many civil cases, the judge can order the losing party to reimburse court fees as part of a costs award, subject to track and judicial discretion.

Are employment tribunal fees free?
Currently, bringing and defending employment tribunal claims does not require a fee. Historical proposals to introduce modest fees were abandoned in 2025.

What if I cannot afford both fees and legal costs?
Apply for Help with Fees to reduce court fees. Consider conditional fee arrangements or seek advice from citizens advice or pro bono legal services.

Key Takeaways

Understanding court fees and legal costs in England and Wales helps you plan and manage the financial aspects of legal action:

• Court and tribunal fees vary by claim type and value; for example, issuing a civil claim can range from around £35 to several hundred pounds, with hearing fees from £27 to over £1,300 on multi‑track cases.
• Fee remission schemes such as Help with Fees and exceptional hardship remission can reduce or waive fees for eligible claimants.
• Legal costs (solicitor, barrister, expert fees) are separate, variable, and often represent the largest expense in litigation.
• In civil cases, successful parties may recover some costs from the other side, though this varies by track and judicial discretion.
• Employment tribunal claims remain free to bring, and legal costs in tribunal cases are subject to specific rules.

Awareness of fees and costs, early budgeting and considering fee assistance options are essential steps for anyone engaging with the justice system.