Scottish Court Fees 2026-2027 - Equality Impact Assessment

Screening

Policy Aim

The Scottish Government published a public consultation on “Scottish Court Fees 2026-2027” in December 2025^[2]. The proposals consulted on were for increases of court fees to take account of inflationary pressures, and ensure financial sustainability of the Scottish Courts and Tribunals Service (SCTS). The consultation closed on 30 January 2026.

This consultation sought views on a proposal to apply a 3% inflationary increase to all court fees from 1 April 2026, followed by a further 3% increase from 1 April 2027, however due to rounding a small number of lower fees will not increase.

These changes are intended to provide a measured approach to maintaining sustainable funding for SCTS and ensuring continued access to justice for users while a wider review of the court fee structure is being carried out.

Following on from the consultation the final proposals are to implement a 3% increase to all court fees to commence in April 2026, followed by a further 3% increase from 1 April 2027.

The policy contributes to the Scottish Government’s objectives by ensuring that our public services are high quality, continually improving, efficient and responsive to local people’s needs.

Whom will it affect?

The fee proposals will have an impact on all court users who are not eligible for exemptions. The exemptions are available for those in receipt of civil legal aid, universal credit and personal independence payments, among others.

In considering the impact of the inflationary fee increases on specific groups, the Scottish Government considers that affordability would be the main issue. If some groups identified by race, religion or belief, disability, age, caring responsibilities, gender or sexual orientation typically earn less than average, the Scottish Government considers that assistance from legal aid and the available exemptions ensure that these groups do not suffer particular disadvantage and so the Scottish Government considers that they would not be discriminated against as a result of inflationary court fee increases.

For persons who are not eligible for exemption from fees, if they are the successful party in civil litigation they will be entitled to have court fees and other outlays reimbursed to them by the losing party. In some cases, pursuers (claimants) may not in practice have to pay court fees because a law firm or claims management supporting them, or a trade union backing them, may be in a position to pay the fees.