Inflation-plus rises proposed for court fees

Inflation-linked fee rises for civil litigants, plus an addition to help fund the current court reform programme, are proposed in a Scottish Government consultation launched today.

The paper on fees charged by the Court of Session, Accountant of Court, sheriff and justice of the peace courts, High Court, Office of the Public Guardian, and the new personal injury court and Sheriff Appeal Court covers the next three financial years, up to 2017-18.

Under the proposals, fees would rise by 2%, reflecting anticipated inflation, in each of September 2015, April 2016 and April 2017, with an additional 2% in September 2015 to help pay for the court reforms.

Ministers remain committed to the principle that those who litigate in the civil courts should fund the costs of running the courts, but in view of the current financial situation are not attempting to increase the proportion of costs covered through court fees from the present level of about 80%.

The paper includes new tables of fees for the national personal injury court and the Sheriff Appeal Court, both being established under the court reforms. It does not make any special provision for the new permission stage of judicial review procedure, on the view that the current petitions fee is flexible enough to cover either a one stage (the likely outcome) or a two stage process incurring two fees.

Fees for the new simple procedure will be determined once the rules have been finalised.

Exemptions will be maintained for those on certain benefits, with adjustments if necessary for the new universal credit.

Click here to view the consultation. The deadline for responses is 15 May 2015.