Scottish Court Fees 2026-2027: Analysis of Consultation and Scottish Government Response

Proposals

4. The consultation sought views from the general public, including court users, representative bodies and bodies within the court system on the proposals for changes to the level of fees charged by the Scottish courts ahead of the creation of the fee instruments, which were laid on 13 February 2026.

5. Those Scottish statutory instruments make changes to the fees for the period from 1 April 2026 to 31 March 2027, and then from 1 April 2027 onwards to be charged by the Court of Session, the High Court of Justiciary, the Sheriff Appeal Court, Sheriff Courts including Sheriff Personal Injury Court, Justice of the Peace Courts and the Office of the Public Guardian.

6. The main proposal in the consultation paper was that court fees should be increased by 3% on 1 April 2026, followed by a further 3% rise on 1 April 2027 in order to reflect inflationary pressures, and to ensure the financial sustainability of the Scottish Courts and Tribunals Service (“SCTS”).

7. Overall, the proposals reflected the Scottish Government’s commitment to ensuring that the courts are funded to deliver a justice system that is affordable and which provides a high-quality service to those who have cause to use it. It is also committed to ensuring that access to justice is protected through a well-funded system of exemptions and legal aid. The proposals were also informed by the Scottish Government’s consideration of the Supreme Court judgment in R. (on the application of UNISON) v Lord Chancellor^[1] (“the UNISON judgement”) on fees charged in the Employment Tribunal, as well as wider developments provided for in the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018, which increases the funding options for pursuers of civil actions and introduces a greater level of equality to the funding relationship between pursuers and defenders in personal injury actions.