Do I Have To Pay A Court Fee If Court Proceedings Are Issued For My Personal Injury Claim?
When you issue civil court proceedings, the court will charge you a fee. The amount of the fee will depend upon the value of your claim. Further fees may also be incurred whilst the case continues through the court, for example if you need to make an application or when the case is listed for trial.
As at January 2024, the current fees to issue civil court proceedings for a personal injury claim and subsequent losses are as follows:
| The Value of the Claim | Fees |
|---|---|
| Up to but not exceeding £300 | £35 |
| Exceeds £300 but does not exceed £500 | £50 |
| Exceeds £500 but does not exceed £1,000 | £70 |
| Exceeds £1,000 but does not exceed £1,500 | £80 |
| Exceeds £1,500 but does not exceed £3,000 | £115 |
| Exceeds £3,000 but does not exceed £5,000 | £205 |
| Exceeds £5,000 but does not exceed £10,000 | £455 |
| Exceeds £10,000 but does not exceed £200,000 | 5% of the value of the claim |
| Exceeds £200,000 or is not limited £10,000 | £10,000 |
However in order to generate more fee income for the HM Courts and Tribunals Service, these fees are due to rise this year. There is a concern that this may prevent access to justice.
Fee remission
If you are on low income and have little savings it is therefore important that you apply to the court for ‘help with fees’. You could be entitled to a full fee remission or only have to pay a reduced fee.
How to apply
You can do so by either:
a) completing a form (EX160) and sending this to the court with your court application/request for proceedings to be issued; or
b) by applying online via https://www.gov.uk/get-help-with-court-fees.
The form or online application needs to be made each time a court fee is incurred. There is a different form and procedure for the court of protection.
Eligibility
Eligibility for help with fees depends upon:
- Your income
- Your savings
- And whether you are on DWP benefits.
What if the Court fee has already been paid?
If you have already paid a court fee and this was in the last 3 months, provided you met the eligibility criteria when you paid it, you may be entitled to a refund.
Evidence in support
Please note that if you are working but on low income and not receiving benefits, the court is likely to require confirmation of your income. This can be in the form of your payslips or copies of your bank statements, which cover a whole calendar month before the court fee was paid.
If you are sending bank statements you will also need to explain any transfers between your accounts to identify any drawings from business accounts and whether funds have been drawn from previous profits. You may also need to explain and provide documents showing any other regular income you receive.
Please note: If you do have any other regular incomings you must provide evidence and/or an explanation of what these incomings are. If you (or your partner) do not have regular incomings, you need to explain how you support yourself.
How to pay the court fee if you have savings, are not on means tested benefits and do not have a low income.
If you are not on low income, please discuss the payment of court fees with your solicitor as in many cases solicitors may be able to fund these for you and seek recovery at the end of a claim. Alternatively, they will be able to explain ways that court fees and disbursements can be funded.
The majority of our personal injury claims are settled without the need to attend the Court. However, if a satisfactory outcome is not achieved with the defendant, our personal injury lawyers will advise you and guide you during the court proceedings. To speak to one of the experts call 0330 822 3451 or request a call back online.
