Ministers confirm court fee rises but extend exemptions

Fees in the Scottish civil courts will rise in line with proposals, the Scottish Government has confirmed, but some additional exemptions will be introduced.

Ministers announced their decision as they published the analysis of the consultation into the proposed increases, which would see fees rise by 2% in the current and each of the next two financial years. This year's increase will apply from 1 July and the further increases from 1 April in each year.

Fifteen organisations and individuals responded to the consultation, most taking the view that court fees present a barrier to access to justice and challenging the proposition that court users should meet the cost of the court system.

In response the Government points out that the proposed 2% increases are now well below the current and projected future inflation rates. To address concerns about protecting access to justice, it is raising the level of income that can be earned while still qualifying for court fee exemption via benefit related exemptions from £18,000 to £20,592, in line with the Scottish living wage. It will also make personal independence payment one of the qualifying benefits for exemption.

Having regard to "overwhelming support" for making environmental cases in the Court of Session under the Aarhus Convention exempt from court fees, regulations will be made to implement this policy. Further consideration will be given to other proposed exemptions, such as human rights cases, discrimination claims and public interest interventions.

Ministers point out that although the substantial fee rises in 2016 brought the courts close to full cost recovery, increases since have simply kept pace with inflation and the latest consultation did not refer to such a policy. The term "is only a convenient shorthand description for a complex policy which includes elements of public subsidy for civil court costs in order to enhance access to justice, including extensive provision of legal aid and a comprehensive scheme of exemptions".

They maintain their view that for most litigants the court fee is only a small portion of the cost of litigation, and the cost of legal advice is a far greater consideration. "These considerations, taken alongside the exemptions regime, mean that it is hard to discern many situations where the court fee is a serious deterrent to proceeding with legal action."

Read the analysis and response.