Simplifying Court Fee Changes: What You Need to Know

In 2025, the Ministry of Justice is making some important updates to court fees in England and Wales. The changes might seem a bit complex at first glance, but here’s a straightforward breakdown of what’s happening and why it matters.

What’s Changing?

1. Enhanced Fees: The fees for certain court services, including council tax liability orders, warrants of entry, and the sale of ships, are being restated under a new legal framework. This change allows the government to charge fees that may exceed the actual cost of processing these services.

2. No Increase in Fee Amounts: Although the legal basis for these fees is shifting, the actual amounts remain unchanged. For example, the fee for a council tax liability order will still be £0.50, and a warrant of entry will still cost £22.

Why the Change?

• Updated Costing Methodology: The Ministry has developed a more accurate method to calculate the costs of court services. This new approach has shown that some fees, if left unchanged, could potentially recover more than the cost of providing the service.

• Efficient Administration: By restating these fees under a framework that allows for enhanced fee recovery, the Ministry aims to ensure the financial sustainability of the courts and tribunals without frequently adjusting fees.

Consultation and Feedback

• A public consultation was conducted, and the majority of respondents had no objections, especially since the fees are not increasing. Some concerns were based on a misunderstanding that fees might rise, but this is not the case.

Impact on Users

• Public Sector and Businesses: Local authorities, utility companies, and those involved in high-value maritime sales are the primary users affected. Since the fees themselves aren’t increasing, the financial impact remains minimal.

• Continued Service Support: The additional revenue from these fees will help fund the effective functioning of courts and tribunals, ensuring these services remain accessible and efficient.

Legislative Context

• The changes transition fee-setting powers from the Courts Act 2003 to the Anti-social Behaviour, Crime and Policing Act 2014, which provides for setting fees above service costs.

In summary, while the legal framework for certain court fees is being updated, the actual fees remain the same. This move is designed to better align fee structures with administrative costs and support the justice system's ongoing needs.