Scottish Court Fees 2026-2027 - Equality Impact Assessment

Stage 1: Framing

Results of framing exercise

The Scottish Government fully considered access to justice issues such as affordability for court users when developing proposals to increase fees. Factors such as affordability and the level of fee in relation to the value of claim have always been taken into account when setting fees.

Further, the Scottish Government considers it vital that the extensive system of exemptions is maintained and special consideration is given to the parts of the court system that might give rise to particular concerns about access to justice for vulnerable people such as women seeking civil protective orders.

Environmental

There is nothing to suggest that there would be an environmental impact from these proposals beyond the issue about the bringing of environmental actions noted above, although the exemptions highlighted should mitigate those concerns.

Rural Impact

As the proposals are to increase fees charged by court services across all of Scotland, both those living in urban and rural areas will be affected in the same way. There will be, therefore, no particular impact on rural communities.

Extent/Level of EQIA required

The consultation was reviewed by range of consultees. Those who responded to the consultation included those who are directly involved with the legal process such as legal professionals and organisations in the justice system. Additionally, the consultation received responses from organisations concerned with legal matters and broader issues of public welfare.

The consultation asked:

“Do you consider that any of the proposals in this consultation paper are likely to have a disproportionate effect on people or communities who face discrimination or social exclusion owing to race, age, gender, disability, sexual orientation, or any other factor?”

The Scottish Government is better informed on equality issues as a result of the response to the consultation. In particular, a response was received from Money Advice Scotland which felt that increased court fees could potentially present a heightened barrier to accessing justice for disabled people and older people who are more likely to experience poverty. In fact, based on the responses to the recent consultation, as well as previous consultations, the group that is most likely to be affected by the proposals is that of those on incomes just above the level that would qualify for exemption.

The issue of court fees as part of the cost of court actions needs to be taken in context. In most cases the court fees form a small proportion of the cost of legal proceedings and, as mentioned, a successful party in civil litigation will be entitled to have court fees paid by them being reimbursed by the unsuccessful party. Further, through the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 the Scottish Government has increased the availability and attractiveness of success fee agreements so that many pursuers will not have to pay up front court fees in practice.

No further impact assessment is considered necessary beyond this EQIA. However, SCTS will continually monitor cost recovery from the courts. In addition, preparatory work has now begun on a full review of the court fee structure, including the establishment of a Court Fee Working Group. The Group is expected to report in late 2026 or early 2027. A public consultation on its recommendations will follow.