Payment of court costs

It is possible for an individual to deal with their own court case. Where this happens, the individual is referred to as a litigant in person and the court corresponds directly with the litigant, before and for the duration of the case. The litigant can obtain advice from an advice agency or solicitor, but they remain the person who is conducting the case.

The advantage for the litigant is that their own costs are reduced. However, they may be required to pay the other side's costs if their case is unsuccessful, or the other side's costs of a hearing or part of the case even where they win the rest of the case.

If a case is not in the small claims track (Costs in different tracks for information on costs in the small claims track), the court costs of each party in the county court can run into thousands of pounds. Even where a litigant is only ordered to pay for a single hearing or only part of a court case, the costs can be hundreds or thousands of pounds. Any person considering a court case should consider carefully the risks of paying the other side's costs.

A litigant in person may receive advice from a solicitor or another advice agency, such as Citizens Advice, but must represent themselves in court and remains responsible for running the case. Many courts have a duty solicitor or adviser available when possession cases are being heard to provide free advice and sometimes assistance in court.

Depending on the problem an individual has and their financial circumstances, they may qualify for legal aid (ie public funding).

The court does have discretion to order a publicly funded litigant to pay the other party's costs, but only after a hearing as to their resources. It is extremely rare for a publicly funded litigant who has lost a case to have to pay the other party's costs. Even though such an order can be made, the judge will usually order that it cannot be enforced unless there is a hearing into the means of the publicly funded litigant.

Most privately funded parties will not pursue the order for costs against a publicly funded litigant because any order obtained would probably not be enforceable. However, in cases where a litigant has means (income or capital), then the other party might pursue a costs order.

Where one party is assisted by legal aid and the other is not, a common order for costs is that each side bears their own costs, and that there is a public funding assessment of the publicly funded party's costs. The final part of the order authorises the solicitor to have their bill assessed by the court and then claim costs from legal aid.

In certain circumstances, an assisted person has an automatic liability to pay their own costs and possibly also the costs of the other party. This is the case where an Emergency Certificate is granted and it later becomes apparent that the assisted person does not fulfil the means test, or is liable for a contribution that they are unwilling to pay. 

People on low incomes may be eligible for help with paying their court fees. This is known as the remission system. The amount of help available depends on the person’s circumstances.

Full remission is available to people on income support, income-based jobseeker’s allowance, pension credit guarantee credit, income-related employment support allowance, working tax credit (but not also receiving child tax credit). People on low incomes may also be eligible.

A person acting on behalf of a minor can apply for remission on fees incurred on the minor's behalf.

A person in receipt of legal aid may be entitled to remission depending on the type and level of services they receive. A person being represented under a certificate for Legal Representation or Family Help (Higher) cannot apply for a fee remission. A person issuing proceedings through the online MCOL or PCOL system cannot apply for remission.

Applicants need to complete an EX160A form, which also provides further detail about eligibility for remission. All applications for fee remissions need to be accompanied by the relevant evidence, eg proof of benefits or low income.