There are various fees payable for submitting applications to the court and for lodging documents at different stages of the court procedure. The fees are set out in Scottish Statutory Instruments (referred to as a Fee Orders). These are regularly updated by Fee Amendment Orders.
You may be entitled to exemption from paying court fees in the following circumstances:
You or your spouse/civil partner are in receipt of:
- income support
- Income-based employment and support allowance
- Pension credit guarantee credit
- working tax credit, including child tax credit and gross annual income used for calculation of tax credit is £16,642 or less
- working tax credit, including a disability element and gross annual income used for calculation of tax credit is £16,642 or less
- working tax credit, including a severe disability element and gross annual income used for calculation of tax credit is £16,642 or less
You are in receipt of:
- income-based jobseeker's allowance
- universal credit (from 29 April 2013)
If you are applying for fee exemption as you or your spouse/civil partner are in receipt of one of these benefits, you must provide a letter from either DWP or HMRC confirming the receipt of the benefits. Your exemption cannot be processed without proof of receipt of benefits.
You may also be entitled to exemption from paying court fees if:
- You are receiving civil legal aid in respect of the matter for which the fee is payable (Section 13(2) of the Legal Aid (Scotland) Act 1986 refers); or
- The fee is payable in connection with a simplified divorce or dissolution of civil partnership application and you are receiving advice and assistance from a solicitor in respect of that application (Legal Aid (Scotland) Act 1986 refers); or
- The fee is payable in connection with work being undertaken by your solicitor which qualifies for civil legal aid as matter of 'special urgency' (Section 36 of the Legal Aid (Scotland) Act 1986 refers).
Your solicitor can provide you with further information on fee exemption in these circumstances.
Applications where fee exemption does not apply
You cannot apply for fee exemption if you are:
- making an application in relation to commissary proceedings (dealing with a deceased person’s estate) unless the estate of the deceased person is exempt from inheritance tax by virtue of section 153A (death of emergency service personnel etc.), 154 (death in active service etc.) or 155A (death of constables and service personnel targeted because of their status) of the Inheritance Tax Act 1984 in which case there will be no fee in respect of the inventory of that estate.
- lodging a petition for removal of disqualification from driving under the Road Traffic Offenders Act 1988.
Accepted Payment Methods
- Cheques - Made payable to "The Scottish Courts and Tribunals Service"
- Debit Card and Credit Card - Please check which types of card are acceptable with the appropriate court
- Postal Order - Made payable to "The Scottish Courts and Tribunals Service"
- Cash - If paying by post it is not advisable to make cash payments