Scottish Court Fees 2026-2027 - Equality Impact Assessment

Enforcement/Sanctions/Monitoring

Nearly all fees are paid for in advance of the service so the sanction for non-payment is that the service will not be performed. The proceedings may be dismissed if the fee is not paid.

What might prevent the desired outcomes being achieved?

No factors that might prevent the desired outcomes being achieved have been identified. However, the projected income generated by the proposals is based on assumptions regarding case levels. If numbers and cases decrease this would affect the levels of cost recovery. The Scottish Government is mindful that court fees must be set in consideration of the impact upon access to justice. Put simply, it would be unwelcome if fees are set at a level that discourage potential litigants with meritorious claims from bringing their cases to court to vindicate their rights (although there are arguments that it may be desirable for some types of action e.g. low value claims to be determined by alternative dispute mechanisms or otherwise settled without court action).