Going to court costs money. However, to ensure it is not just the rich who have access to justice, for family or civil court proceedings there is a system in place which allows you to pay a reduced amount of court fees or even escape paying any at all.

Jane Couch, a clinical negligence litigation solicitor at WBW Solicitors in Newton Abbot explains who might be entitled to ask for help with the payment of court fees.

You may be entitled to get money off or a total exemption from your court fees if you have little or no savings, are on certain benefits, or have a low income.

You will not have to pay any court fees if you receive any of the following benefits:

  • income-based Jobseeker’s Allowance;
  • income-related Employment and Support Allowance;
  • Income Support;
  • Universal Credit (and you earn less than £6,000 a year); or
  • Pension Credit guarantee credit under the State Pension Credit Act 2002.

If you are not claiming any of those benefits, to be eligible for exemption, you generally need to earn:

  • £1,170 or less a month before tax if you are single; or
  • £1,345 or less a month if you have a partner; and
  • you can earn an extra £265 on top of that for each child you have.

Depending on the amount of the fees you are being asked to pay, you may still be able to get help even if your income is higher. Click here to check if you are eligible.

Your savings are considered.  You usually need to have less than £3,000 in savings and investments if you’re under 61. You can have up to £16,000 in savings if your fee is between £1,000 and £10,000, or if you or your partner are 61 and over.

If you are receiving Legal Help, Help at Court, or Family Help (Lower) you will usually be eligible for help with court fees, but if you have a solicitor representing you under a Legal Aid Certificate or Family Help (Higher) you will have to pay them.

A fee remission or exemption is only available to an individual who has to pay the court fee. The only exception to this rule is if you are assisting a child or an adult who lacks capacity as a litigation friend, in which case you can apply based on their financial position rather than your own.

You must complete court form EX 160, (application for a fee exemption or remission) for each court fee you cannot pay, and provide evidence to back up your eligibility.

For more information on court fees, or any clinical negligence or injury litigation issue, contact Jane Couch at WBW Solicitors in Newton Abbot on 01626 202413 or email [email protected].

WBW has offices in TorquayPaigntonNewton AbbotExeterBovey Tracey,  Exmouth,  Honiton,  Sidmouth,  Launceston,  AxminsterChard and Seaton.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.