Disclaimer: This article is for general information and educational purposes only and does not constitute legal advice. It primarily concerns civil court proceedings in England and Wales. Court fees, legal costs, funding agreements and payment arrangements depend on the type of proceedings and individual circumstances. Fees and legislation may change. Readers should consult official HM Courts and Tribunals Service guidance or a suitably qualified legal professional before commencing proceedings.
Understanding the True Cost of Going to Court
Court Fees and Solicitors’ Fees Explained.
Access to justice is a fundamental principle of the legal system. However, pursuing a legal claim can involve financial obligations that many people do not fully understand until proceedings begin.
Whether someone represents themselves in the small claims court, instructs a solicitor, receives free legal representation or enters into a No Win, No Fee agreement, there may still be court fees to pay.
This raises several important questions:
- Do solicitors and barristers have to pay court fees immediately?
- Are legal professionals given additional time to pay?
- Does pro bono representation mean the court fees are waived?
- Who pays the court if a solicitor works on a No Win, No Fee basis?
- Can someone recover their court fees if they win?
- What happens if someone cannot afford to pay?
Understanding the distinction between court fees, professional legal fees and other expenses is essential before taking legal action.
What Is the Difference Between Court Fees and Solicitors’ Fees?
Court fees and solicitors’ fees are two separate financial obligations.
Court fees are charges imposed by HM Courts and Tribunals Service (HMCTS) for certain court services. They may include issuing a claim, making an application, attending a hearing or taking enforcement action.
Solicitors’ fees are charges for professional legal services. These may include reviewing evidence, drafting legal documents, negotiating settlements, preparing court submissions and managing litigation.
Barristers’ fees generally relate to specialist legal advice, drafting and courtroom advocacy.
There may also be additional expenses known as disbursements, including court fees, expert witness fees, medical reports and other third-party charges.
A person might therefore receive free legal representation but still face substantial court-related expenses.
Do Solicitors Have to Pay Court Fees Upfront?
Generally, yes. Court fees normally become payable when the relevant court service is requested.
For example, when a solicitor issues a civil money claim on behalf of a client, the applicable court issue fee must normally be paid before the court formally issues proceedings.
Solicitors are not automatically exempt from court fees simply because they are regulated legal professionals.
However, legal professionals may use HMCTS Payment by Account (PBA), which provides an administrative mechanism for paying court fees through an authorised account.
In certain online systems, solicitors can submit the claim information and return later to pay the fee. However, the claim will not be issued until payment has been completed.
This distinction matters because preparing or submitting claim information is not necessarily the same as legally commencing proceedings.
A solicitor should therefore be particularly careful where a statutory limitation deadline is approaching.
Do Solicitors Have a Time Frame to Pay Court Fees?
There is no universal rule giving solicitors a fixed number of days to pay all court fees after submitting proceedings.
The timing depends on the particular fee and court procedure.
For example:
Issuing a claim: The relevant issue fee normally needs to be paid before the court formally issues the claim.
Hearing fees: The court may specify a future payment deadline in its directions.
Application fees: These are generally payable when the application is made, unless an applicable rule or arrangement provides otherwise.
Payment by Account: This allows authorised legal professionals to pay through an HMCTS account, subject to the account’s operating arrangements. It is not a general exemption or extension of the procedural payment deadline.
Failure to pay a required hearing fee by the specified deadline can result in a claim being struck out under the Civil Procedure Rules.
Consequently, legal representatives must monitor court deadlines carefully, regardless of whether they are charging their client.
What Are the Small Claims Court Fees in England and Wales?
The small claims track is designed to resolve relatively straightforward civil disputes, often without the need for professional legal representation.
Examples include unpaid invoices, consumer disputes, faulty goods, breach of contract and certain service-related disagreements.
For many ordinary money claims, the small claims track generally deals with claims worth no more than £10,000, although different allocation rules can apply to particular types of cases.
The amount payable to issue a money claim depends on its financial value.
Court Issue Fees
| Value of claim | Court issue fee |
|---|---|
| Up to £300 | £35 |
| £300.01–£500 | £50 |
| £500.01–£1,000 | £70 |
| £1,000.01–£1,500 | £80 |
| £1,500.01–£3,000 | £115 |
| £3,000.01–£5,000 | £205 |
| £5,000.01–£10,000 | £455 |
Source: HMCTS civil court fees guidance, updated 26 October 2026. These are issue fees, not the total cost of proceedings.
A person bringing a claim for £2,000 would normally pay £115 to issue the claim.
If the case proceeds to a contested hearing, an additional hearing fee may become payable.
For example, the current small claims hearing fee for a claim between £1,500.01 and £3,000 is £181.
That means a claimant pursuing a £2,000 dispute to a hearing could face £296 in court issue and hearing fees alone, before any other expenses.
If Someone Uses a Solicitor for a Small Claim, Who Pays the Court Fees?
The same court fee rules generally apply whether the claimant represents themselves or instructs a solicitor.
Using a solicitor does not create an automatic exemption from court charges.
However, there is an important distinction between who is legally responsible for a fee and who physically makes the payment.
A solicitor might pay the court directly using funds provided by the client.
Alternatively, the solicitor’s firm might initially advance the court fee and recover that money from the client under their agreement.
For example, a small business owner might instruct a solicitor to recover an unpaid invoice worth £4,000.
The court issue fee would ordinarily be £205.
The solicitor might request that £205 from the client before issuing proceedings, or agree to advance it and invoice the client later.
The precise arrangement should be explained in writing.
Can the Winning Party Recover the Court Fee?
In many small claims cases, the successful claimant can ask the court to order the unsuccessful defendant to reimburse the court fees.
However, recovery is not automatic in every situation.
The court has discretion over costs, and recovering money awarded by the court may require further enforcement action.
Furthermore, the small claims track generally restricts the recovery of solicitors’ professional fees, subject to specific exceptions.
This means someone who pays a solicitor £1,500 to pursue a relatively modest claim should not assume that the losing party will reimburse the entire legal bill.
What Happens When a Solicitor or Barrister Works Pro Bono?
Pro bono is a Latin expression commonly used to describe professional legal services provided voluntarily without charging the client.
Lawyers may provide Pro Bono assistance to individuals who cannot afford legal representation, charities, community organisations or people pursuing matters of wider public interest.
However, free professional representation does not necessarily mean free court proceedings.
A solicitor may waive their professional fees while court fees and external expenses remain payable.
For example, a solicitor could agree to represent a disabled claimant without charging for their professional time.
If the case requires a £455 court issue fee, somebody must still fund that fee unless the claimant qualifies for a remission or exemption.
Possible arrangements include the client paying the fee, the law firm covering it, a charitable organisation providing funding or an approved Help with Fees application reducing or removing the charge.
The important point is that Pro Bono representation does not automatically transfer the financial responsibility for court fees to the solicitor.
Can Pro Bono Lawyers Recover Costs?
In certain civil proceedings, the court may make a pro bono costs order under section 194 of the Legal Services Act 2007.
This can require an opposing party to make a payment reflecting the value of free legal representation.
The payment is directed to a prescribed charity supporting pro bono legal services, rather than becoming ordinary professional fees payable to the volunteer lawyer.
This mechanism is separate from reimbursement of court fees and other recoverable expenses.
How Does No Win, No Fee Work?
No Win, No Fee arrangements are frequently associated with personal injury, medical negligence and other civil compensation claims.
A common arrangement is a Conditional Fee Agreement (CFA).
Under a CFA, the solicitor’s entitlement to professional fees depends on the agreed outcome and contractual conditions.
If the case succeeds, the solicitor may recover certain legal costs and charge an agreed success fee, subject to applicable rules and restrictions.
If the case fails, the solicitor may waive their own professional fees in accordance with the agreement.
However, this does not automatically eliminate liability for court fees, expert reports, insurance premiums or the opposing party’s costs.
The client should carefully examine the agreement before signing.
Who Pays Court Fees Under a No Win, No Fee Agreement?
There is no single answer because the arrangement depends on the funding agreement.
Scenario One: The client pays the court fees upfront.
The solicitor agrees not to charge professional fees unless the claim succeeds, but the client remains responsible for court fees and other specified expenses.
Scenario Two: The solicitor advances the court fees.
The law firm initially funds the court fees, with the agreement explaining when and how those expenses may be recovered.
Scenario Three: The expenses are funded through another arrangement.
A third-party funder or another agreed funding mechanism may cover certain expenses.
Scenario Four: The claimant qualifies for Help with Fees.
The claimant may receive full or partial assistance with eligible court fees, subject to the relevant financial eligibility requirements.
A No Win, No Fee agreement should always explain what happens to disbursements if the case is unsuccessful.
What Happens If the Claimant Loses?
A claimant who loses may still face financial consequences.
Depending on the agreement and type of proceedings, these could include disbursements, insurance premiums or an order to pay some of the opposing party’s legal costs.
Some personal injury claims benefit from Qualified One-Way Costs Shifting (QOCS), which generally restricts enforcement of adverse costs orders against claimants, subject to exceptions.
However, QOCS is not universal protection and does not apply to every type of civil dispute.
A claimant should never assume that No Win, No Fee means absolutely no financial risk.
What Is After the Event Insurance?
After the Event (ATE) insurance is a policy sometimes obtained after a legal dispute has arisen.
Source: https://witansolicitors.co.uk/ate-insurance-worth/
Depending on the policy terms, it may provide protection against specified litigation expenses or adverse costs if a claim is unsuccessful.
However, the extent of cover varies, and exclusions, premiums and other conditions may apply.
ATE insurance is not automatically included in every No Win, No Fee agreement.
Claimants should ask their solicitor whether insurance is available, what it covers and whether any premium remains payable if the case fails.
Can Disabled People and Low-Income Claimants Get Help with Court Fees?
The Help with Fees scheme provides financial assistance to eligible people who cannot afford certain court or tribunal fees.
Eligibility depends on factors including income, savings, benefits and household circumstances.
Receiving Universal Credit or another qualifying benefit does not necessarily guarantee that every court fee will be waived.
Applicants must satisfy the relevant criteria.
People who qualify may receive a full or partial reduction.
The scheme can also apply where a claimant is legally represented, because eligibility generally concerns the applicant’s financial circumstances rather than whether they have a solicitor.
An application should ordinarily be made before the fee becomes payable.
In certain circumstances, someone who has already paid may request reimbursement if they apply within three months and were eligible when they paid.
For disabled people, carers, unemployed individuals and low-income households, this assistance can make a significant difference.
However, Help with Fees concerns eligible court and tribunal charges. It does not ordinarily pay private solicitors’ professional fees.
Are Court Fees and Legal Aid the Same Thing?
No.
Legal aid is a separate form of publicly funded legal assistance.
Depending on the nature of the case and applicable eligibility rules, legal aid may help fund legal advice, representation and certain associated expenses.
Legal aid is not available for every civil dispute.
Some matters may require financial and merits assessments, while other categories have different eligibility arrangements.
People should check whether legal aid is available before assuming they must pay privately.
What Happens If Someone Wins Their Case but the Defendant Refuses to Pay?
Winning a court judgment does not automatically mean the successful claimant receives the money.
A defendant may fail to pay voluntarily, leaving the claimant to consider enforcement.
Possible enforcement procedures include warrants of control, attachment of earnings orders and third-party debt orders, depending on the circumstances.
Additional court fees may apply.
Although certain enforcement fees can be added to the amount owed, recovery ultimately depends on the defendant’s financial position and the effectiveness of enforcement.
This is an important consideration before pursuing litigation, particularly where the defendant has limited assets or income.
Questions Everyone Should Ask Before Instructing a Solicitor
Before agreeing to legal representation, prospective clients should request written clarification of the financial arrangements.
Important questions include:
- Are your professional fees fixed, hourly, conditional or waived?
- Who is responsible for paying court issue and hearing fees?
- Will your firm advance any court fees on my behalf?
- If you advance the fees, must I repay them if I lose?
- Are expert reports and other disbursements included?
- Could I become liable for the opposing party’s legal costs?
- Does my agreement include ATE insurance?
- Can I apply for Help with Fees?
- What happens if the case settles before reaching court?
- Will I receive a written estimate of my potential financial exposure?
A reputable legal professional should explain the funding arrangement clearly enough for the client to make an informed decision.
Access to Justice: Should Financial Barriers Prevent People from Bringing Legitimate Claims?
Court fees serve an administrative and funding function within the justice system, but they can also present obstacles for people on limited incomes.
For someone living with a disability, managing a chronic illness, caring for a family member or running a small business, even a relatively modest court fee can create financial pressure.
A person may have a legitimate legal claim but struggle to fund the proceedings required to enforce their rights.
The existence of Help with Fees, legal aid and pro bono services can reduce some of these barriers, but none should be assumed to provide comprehensive funding in every case.
From a public law perspective, access to justice is closely connected with the rule of law and the ability to challenge unlawful decisions.
In the landmark case of R (UNISON) v Lord Chancellor [2017] UKSC 51, the Supreme Court held that the employment tribunal fees regime introduced in 2013 was unlawful because it effectively prevented access to justice.
The judgment demonstrates that court and tribunal fees are not simply an administrative matter. Their effect on people’s practical ability to enforce legal rights can raise fundamental constitutional questions.
However, the judgment does not mean that all court fees are unlawful.
Conclusion
The financial responsibilities involved in litigation can be more complicated than many people realise.
Solicitors and barristers do not automatically receive exemptions from court fees simply because they are legal professionals.
Pro bono representation removes or reduces professional legal charges but does not necessarily eliminate court fees.
Similarly, No Win, No Fee arrangements may protect clients against some professional fees while leaving other financial liabilities in place.
For people pursuing small claims, the court issue fee is generally payable upfront, regardless of whether they act independently or instruct a solicitor.
The central lesson is that free legal representation does not always mean free access to the courts, and No Win, No Fee does not necessarily mean No Financial Risk.
Understanding these distinctions before starting legal proceedings can help individuals make informed decisions, avoid unexpected expenses and protect their financial wellbeing.
Resources and References
- HMCTS: Civil Court Fees (EX50): Current issue and hearing fees, updated 26 October 2026.
- GOV.UK: Paying Court Fees: Payment methods, including Payment by Account. GOV.UK
- HMCTS: Issuing Claims as a Legal Professional: Explains when solicitors can pay and when claims are formally issued. GOV.UK
- Civil Procedure Rules: Part 27: Small claims and restrictions on recovering legal costs. Justice UK
- Civil Procedure Rules: Part 44: Costs orders, conditional fees and QOCS. Justice UK
- The Law Society: Pro Bono Manual: Responsibility for court fees and disbursements during pro bono work. The Law Society
- Legal Services Act 2007: Section 194: Payments relating to pro bono representation. Legislation.gov.uk
- GOV.UK: Help with Court Fees: Financial assistance for eligible applicants.
- R (on the application of UNISON) (Appellant) v Lord Chancellor (Respondent): https://supremecourt.uk/cases/uksc-2015-0233
- HM Courts and Tribunals Service (HMCTS): https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service
- HMCTS Payment by Account for online services: https://www.gov.uk/guidance/hmcts-payment-by-account-for-online-services
Renata The Editor of DisabledEntrepreneur.uk - DisabilityUK.co.uk - DisabilityUK.org - CMJUK.com Online Journals, suffers From OCD, Cerebellar Atrophy & Rheumatoid Arthritis. She is an Entrepreneur & Published Author, she writes content on a range of topics, including politics, current affairs, health and business. She is an advocate for Mental Health, Human Rights & Disability Discrimination.
She has embarked on studying a Bachelor of Law Degree with the goal of being a human rights lawyer.
Whilst her disabilities can be challenging she has adapted her life around her health and documents her journey online.
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