Costs of civil court action using simple procedure
This advice applies to Scotland. See advice for See advice for England, See advice for Northern Ireland, See advice for Wales
The cost of raising a court action using simple procedure depends on the value you are claiming:
claims £300 or less - £22 fee
claims over £300 - £123 fee.
If you use a sheriff officer to serve the claim form on the respondent, this will cost £14 plus the sheriff officer's fees.
To appeal a court decision there is a fee of £72.
If you need to find the address of the other party, you will have to pay a small fee to post an advert on the sheriff court website.
Information about other fees can be found on the Scottish Courts and Tribunals Service website. You can also contact the sheriff clerk’s office for more information.
What these fees cover
The costs of civil action include:
fees for using the court and any facilities - including staff
expenses you incur.
You may be able to claim your expenses back depending on the value of the case and who wins. You must ask for these expenses on your original claim form.
When considering your costs, it’s important to think about whether you’re best to:
use a solicitor - more about using a solicitor
use a lay representative - more about using a lay representative
raise and defend the case on your own.
If you raise or defend it yourself, you will be known as a party litigant.
Cost of using a solicitor
Using a solicitor to prepare the case and submit the claim form or defend your case can be expensive. Find out more about the process, cost and benefits of using a solicitor.
You don’t have to use a solicitor for simple procedure. You can choose to represent yourself, have a lay representative or a court supporter. If you represent yourself, make sure you’re familiar with the Simple Procedure rules on the Scottish Courts and Tribunals website.
Who is exempt from court fees
You might be exempt from court fees if you or your spouse or civil partner are getting certain benefits. Find out more about fee exemption on the Scottish Courts and Tribunals website.
You have to apply for this exemption to the sheriff clerk of the court where you’re raising the action at the same time as you’re submitting the claim form. Fee exemption can be applied for through Civil Online or by downloading the Fee Exemption forms and posting or delivering them to the sheriff court.
Claiming back court expenses
If you win your case, you might be able to claim back your expenses from the other party. Expenses will include money you’ve spent on:
travelling to court
time off work
any required reports for evidence
funds for witnesses to come
costs of using a solicitor
You might need to give the court an account of your expenses before the case can be decided.
You must to do this if either:
no response form is received by the court by the last date for a response
the respondent has asked for time to pay
the court has asked you to
If you do not have legal representation, you can do this by filling in the pro forma expenses claim form on the Scottish Courts and Tribunals Service website.
Generally, court expenses are awarded to the party that succeeds in the claim.
However, there are different rules about the expenses that a successful party can claim when the claim is:
£3,000 or less
over £3,000 and up to £5,000.
Expenses when claim is £3,000 or less
Under the simple procedure there are rules that limit the amount of expenses that can be awarded by the court when the case is worth less than £3,000.
If the value of your claim is:
up to £300 - no expenses can be awarded
more than £300 but less than or equal to £1,500- the expenses awarded by the sheriff may not exceed £150
more than £1,500 but less than or equal to £3,000 - the expenses awarded by the sheriff may not exceed 10% of the value of the claim.
These limits do not apply in some cases. Full court expenses can be awarded to the successful party if any the following apply:
the person you took action against hasn’t provided a defence
the person you took action against did provide a defence but hasn’t continued to use it in the case
the person you took action against hasn’t acted honourably (for example, has lied) in defending their claim
the sheriff considers that either your behaviour or the behaviour of the person you took action against has been clearly unreasonable.
Expenses when claim is over £3,000 and up to £5,000
The court will decide if expenses should be awarded. The sum to be awarded is usually calculated by the sheriff clerk at the end of the case.
The sum awarded will depend on the amount and nature of the work which has been done in the case.
At the conclusion of the final hearing of any case, each party has to tell the court what their expenses are. In some cases, a special hearing may have to be set to discuss expenses in full.
Sheriff’s powers to claim back expenses
If the sheriff didn’t make an order about expenses at the same time as making the decision about the case, a hearing can be called.
At the hearing the sheriff can:
decide not to award any expenses to either party
make an order that payment is to be made to one party (or the party’s solicitor).
Help with legal costs
Legal aid is the general term for schemes available to help people with the costs of legal advice or representation. The schemes are administered by the Scottish Legal Aid Board.
Two types of legal aid are:
advice and assistance
civil legal aid.
There's also special provision for representation in some cases. A solicitor can’t normally represent you in court or at a tribunal under the advice and assistance scheme, except in certain limited circumstances. Find out more about getting advice and assistance.
If you’ve employed a solicitor, they’ll be able to advise you when Assistance By Way of Representation (ABWOR) is possible.
The general rule is that if your claim is:
below £3,000 - you cannot get legal aid for representation, unless it's for an appeal or a personal injury case. You might be eligible for advice and assistance but not for help with representation under this scheme.
above £3,000 - legal aid may be available if you're eligible and the case is on the list of eligible case types. Advice and assistance may also be available.
Find out more about getting help with legal costs.
More about simple procedure
Help with the simple procedure claim form