Court Fees Explained: What It Costs to Go to Court in England & Wales | eLitigant

Understanding Court Fees in England and Wales

Court fees are a reality of civil litigation. Every claim issued, every application filed, and every hearing listed comes with a fee payable to HM Courts and Tribunals Service (HMCTS). Understanding what these court fees England Wales proceedings require — and when they are due — is essential for budgeting your case and avoiding costly surprises. This guide sets out the current fee structure for civil proceedings in the county court, explains what each fee covers, and shows you how to apply for Help with Fees if you cannot afford them.

How Court Fees Work

Court fees are set by statutory instrument and published in the Civil Proceedings Fees Order (currently the Civil Proceedings Fees (Amendment) Order 2025). They are payable at specific points during proceedings:

• When you issue a claim (the issue fee)
• When you make an application (the application fee)
• When your case is listed for a hearing (the hearing fee)
• When you apply for enforcement (enforcement fees)

Fees are generally non-refundable once proceedings are underway, although the issue fee and hearing fee may be recoverable as costs if you win your case.

Money Claim Issue Fees

The fee for issuing a money claim depends on the value of the claim. Claims filed online through the Online Civil Money Claims service (OCMC) attract a lower fee than paper claims filed at court.

Online Claims (OCMC)

Claim Value	Court Fee
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 £25,000	5% of claim value

Paper Claims (Filed at Court)

Paper claim fees are higher. For claims of any value (no upper limit), the fees follow a similar banded structure but at increased rates. For claims over £10,000, the fee is 5% of the claim value (same as online). Note: The OCMC (Online Civil Money Claims) — now with no upper limit for litigants in person. Claims above this value, or those involving non-monetary remedies, must be issued on Form N1 at the appropriate court.

Application Fees

Applications made during proceedings (using Form N244 or other application notices) attract separate fees.

Application Type	Court Fee
Application with a hearing	£296
Application without a hearing (on paper)	£119
Application by consent	£53
Application for a default judgment (Form N225)	£0 (no fee for standard request)
Application to set aside default judgment	£296 (with hearing)

The distinction between “with hearing” and “without hearing” is significant. A consent order — where both parties agree to the terms — costs £53. The same application contested and requiring a hearing costs £296. Where possible, agreeing terms with the other party before applying to the court saves both time and money.

Hearing Fees

When your case proceeds to a final hearing or trial, a hearing fee becomes payable. This fee is triggered when the court lists the case and sends a hearing notice. The amount depends on the track and claim value.

Track / Claim Value	Hearing Fee
Small claims (up to £300)	£27
Small claims (£300.01 to £500)	£57
Small claims (£500.01 to £1,000)	£81
Small claims (£1,000.01 to £3,000)	£122
Small claims (£3,000.01 to £10,000)	£341
Fast track	£567
Multi-track (up to £50,000)	£1,174
Multi-track (£50,000.01 to £100,000)	£1,174
Multi-track (over £100,000)	£1,174

Important: The hearing fee must be paid by the deadline stated in the court’s notice. If the fee is not paid on time, the claim may be struck out without further order (CPR 3.7AA).

Enforcement Fees

Winning a judgment is only part of the process. If the losing party does not pay voluntarily, enforcement proceedings attract additional fees.

Enforcement Method	Court Fee
Warrant of control (Form N323)	£83
Third party debt order (Form N349)	£119
Attachment of earnings (Form N337)	£119
Charging order (Form N379)	£119
Order to obtain information (Form N316)	£55

Enforcement fees are generally added to the judgment debt, meaning the losing party ultimately pays them. However, the claimant must fund the fee upfront.

Total Cost: A Worked Example

To illustrate how court fees England Wales proceedings accumulate, consider a straightforward money claim for £5,000:

Stage	Fee
Issue fee (OCMC)	£205
Hearing fee (small claims)	£341
Total if case goes to trial	£546

If the defendant does not pay after judgment:

Additional Enforcement	Fee
Warrant of control	£83
Order to obtain information	£55
Total with enforcement	£684

These fees are recoverable if you succeed, but they must be paid in advance. Planning for these costs at the outset of your case is essential.

Help with Fees (Form EX160)

If you cannot afford court fees, you may be eligible for fee remission through the Help with Fees scheme. This is administered by HMCTS and can reduce or eliminate court fees entirely.

Who Qualifies?

You may qualify for Help with Fees if:

• You receive a qualifying benefit — Universal Credit, Income Support, Income-based Jobseeker’s Allowance, Income-related Employment and Support Allowance, Pension Credit (Guarantee Credit), or Scottish Civil Legal Aid
• Your income is below certain thresholds — even if you do not receive benefits, you may qualify based on gross monthly income
• Your savings are below the threshold — currently £4,250 for those aged under 66 (or £16,000 for those aged 66 or over)

How to Apply

1. Complete Form EX160 — available from the HMCTS forms page or online at the Help with Fees service
2. Provide evidence — payslips, benefit statements, bank statements as required
3. Submit with your court form — attach the EX160 to whatever court form triggers the fee (claim form, N244, etc.)
4. Await the decision — HMCTS will process the application and notify you of full remission, partial remission, or refusal

For a detailed walkthrough, see our Help with Fees guide.

Online Applications

You can also apply online at gov.uk/get-help-with-court-fees. The online system generates a reference number (HWF-XXX-XXX) which you enter on your court form in place of payment. This is often faster than submitting a paper EX160.

Costs Recovery: Getting Your Fees Back

Whether you can recover court fees from the losing party depends on the track your case is allocated to.

Track	Costs Recovery
Small claims	Court fees recoverable. Legal costs generally NOT recoverable (except in limited circumstances)
Fast track	Court fees + fixed trial costs + reasonable legal costs recoverable
Multi-track	Court fees + assessed legal costs recoverable (subject to detailed assessment)

On the small claims track, the most you can typically recover is the court fees you have paid, plus limited witness expenses and loss of earnings. This is by design — the small claims track is intended to be accessible without legal representation, and the restricted costs regime protects parties from exposure to large legal bills.

VAT on Court Fees

Court fees are exempt from VAT. The amounts shown in the fee tables are the full amounts payable.

Planning Your Litigation Budget

Before issuing proceedings, calculate the total potential court fees England Wales rules may require at each stage:

• Issue fee — payable immediately
• Application fees — budget for at least one interim application
• Hearing fee — payable before trial
• Enforcement fees — budget in case the defendant does not pay voluntarily

Add these together to understand the financial commitment required. If the total fees approach or exceed the value of your claim, consider whether alternative dispute resolution — such as mediation — might achieve a better outcome at lower cost. A well-prepared witness statement, clear evidence, and organised court documents all increase the likelihood of resolving your case efficiently. For guidance on preparing your witness statement, see the previous article in this series.

Complex case? If your matter involves multiple documents, enforcement across courts, or multi-track allocation, see our Hybrid Assisted Drafting plan — 1,000 pages of barrister-grade drafting for £1,000.

Frequently Asked Questions

Can I get my court fees back if I win? Yes. Court fees are generally recoverable from the losing party as part of any costs order. On the small claims track, the court fee is usually the main recoverable cost. On the fast track and multi-track, court fees are recoverable alongside other assessed costs. However, recovery depends on the losing party’s ability to pay. What happens if I cannot pay the hearing fee on time? Under CPR 3.7AA, if a hearing fee is not paid by the date specified, the claim will be struck out automatically unless the court orders otherwise. If you anticipate difficulty paying, apply for Help with Fees before the deadline. If you miss the deadline, you may need to apply for relief from sanctions to reinstate your claim. Do court fees increase every year? Court fees are reviewed periodically by the Ministry of Justice and can change. Fee increases are implemented by statutory instrument and typically take effect in April. Always check the current fee schedule on the HMCTS website before filing any court document. Is there a fee to file a defence? No. Filing a defence to a claim does not attract a court fee. However, if you wish to make a counterclaim (a claim against the claimant), the counterclaim attracts its own issue fee based on its value, following the same fee bands as a new claim.

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Next in the series: Part 36 Offers Explained: Settlement Strategy in Civil Litigation — one of the most powerful strategic tools available in civil proceedings. This is Part 10 of 21 in the eLitigant Court Guide series. Visit our blog for the complete collection.

Help with Fees takes 4-6 weeks. If your hearing is sooner…

Yes — Help with Fees can wipe your court fee. But the application process is slow, paper-heavy, and discretionary. If you have a deadline approaching, the safer path is often to file your case properly first and pay the fee, then claim it back through HWF retrospectively.

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