Court Fee Increases From 13 July 2026: What Claimant Solicitors Need to Know

A range of court and tribunal fees is expected to increase from 13 July 2026.

The Ministry of Justice announced the proposed changes on 19 June 2026. They remain subject to parliamentary approval.

Although many of the individual increases are modest, several directly affect the steps regularly taken by claimant solicitors and costs practitioners, including:

• Part 8 costs-only proceedings;
• general applications;
• Default Costs Certificates;
• applications to set aside Default Costs Certificates;
• detailed assessment appeals;
• fixed costs determinations;
• and Court of Protection costs assessments.

Claimant firms should update their internal fee tables, precedents, case-management systems and costs ledgers before the proposed commencement date. The changes may only add a few pounds to an individual application. Across a high-volume caseload, however, filing the wrong fee can lead to rejected applications, unnecessary correspondence and avoidable delay.

Are the New Court Fees Confirmed?

Not yet.

The Ministry of Justice has stated that the changes are intended to take effect from 13 July 2026, subject to parliamentary approval. Until the relevant legislation has completed the required process, firms should describe the amounts as proposed or planned increases.

Before filing anything on or after 13 July, check:

• the final statutory instrument;
• the updated EX50 or EX50A fee schedule;
• the relevant court guidance;
• and any HMCTS operational announcement.

The new amounts should not be treated as formally in force before approval and commencement.

Why Are Court Fees Increasing?

The Ministry of Justice says the changes are intended to:

• strengthen cost recovery;
• account for inflation;
• improve consistency in the way fees are charged;
• support the operation of HM Courts and Tribunals Service;
• and maintain access to justice.

The announcement covers far more than civil costs proceedings. It includes changes affecting civil courts, family courts, magistrates’ courts, the Upper Tribunal Lands Chamber, immigration and asylum tribunals, non-contentious probate, the Court of Protection, the Property Chamber and other court and tribunal services. For claimant litigation and legal costs teams, the most relevant changes arise under the Civil Proceedings Fees Order 2008.

Key Costs-Related Civil Court Fee Changes

Costs-only proceedings and assessment of costs

Fee 1.8(b) applies to costs-only proceedings and certain assessments under Part III of the Solicitors Act 1974. For claimant firms, this is the fee commonly encountered when issuing Part 8 CPR 46.14 costs-only proceedings after a pre-action settlement. The increase is only £2, but the correct fee must still be used when the claim is issued.

General applications

The official distinction is important. The £313 fee is not simply labelled an application “without consent” — it is the general application fee on notice. The lower £123 fee applies where the application is made by consent or without notice. Using informal descriptions can cause confusion when completing forms or advising clients. Firms should follow the wording in the official fee schedule. Applications that may engage these fees include applications for relief, procedural applications, applications concerning detailed assessment directions, applications to amend an order, and other applications where no more specific fee applies.

Default Costs Certificate

A receiving party may request a Default Costs Certificate where the paying party has failed to serve Points of Dispute within the relevant period and the procedural requirements have been met. The proposed issue fee will rise by £2. Claimant firms should ensure that:

• service of the Notice of Commencement is valid;
• the Points of Dispute deadline has expired;
• no extension has been agreed;
• the correct bill total is used;
• proof of service is retained;
• and the correct fee accompanies the request.

The decision in Default Costs Certificates after Duffy v Birmingham City Council has underlined the importance of proper deadline management where a paying party fails to engage with detailed assessment proceedings.

Appeal in civil detailed assessment proceedings

The court fee is only one part of the decision to appeal. Before appealing a detailed assessment decision, parties should also consider:

• whether permission is required;
• the applicable time limit;
• the value of the disputed item;
• the legal significance of the point;
• the likely costs of the appeal;
• and the adverse costs risk.

A £7 increase in the filing fee is unlikely to affect that strategic decision, but firms should update the amount shown in advice notes and appeal checklists.

Application to set aside a Default Costs Certificate

The proposed fee will rise by £4. The court fee does not determine whether the certificate will be set aside. The applicant must still consider:

• whether the application is made as of right or under the court’s discretion;
• the explanation for the failure to serve Points of Dispute;
• whether the application was made promptly;
• the merits of the proposed dispute;
• procedural compliance;
• prejudice;
• and the costs consequences of the application.

Where a claimant firm has obtained a Default Costs Certificate, the application fee paid by the other side should not be confused with the underlying merits of the set-aside application.

Fixed costs determination

This is the largest of the costs-specific increases listed in the civil fees table. A fixed costs determination may be required where the parties disagree about the amount payable under an applicable fixed recoverable costs regime. The increase from £398 to £408 reinforces the need for a commercial review before an application is made. The disputed amount should be compared with the £408 application fee, the parties’ preparation costs, hearing risk, the relevant fixed costs provisions and any potential costs order. A determination may still be entirely justified, particularly where the issue affects multiple files or a recurring interpretation point. But it should not be pursued without considering proportionality.

Court of Protection Costs Fees

It is important to distinguish these three fees. The £79 to £81 increase applies to an appeal against a Court of Protection costs assessment decision. It is not a separate fee for setting aside a Default Costs Certificate. The Court of Protection DCC set-aside fee is proposed to rise from £74 to £76.

Family Detailed Assessment Fees

The £1,400 fee applies only to the identified costs band where the amount claimed exceeds £100,000 but does not exceed £150,000. Firms should not assume that the same change applies to every detailed assessment value band.

Part 8 Costs-Only Proceedings: The New £69 Fee

The fee most directly relevant to many DMD Costs clients is the proposed increase in the costs-only proceedings fee from £67 to £69. Costs-only proceedings may be appropriate where:

• the substantive dispute settled before proceedings were issued;
• all substantive issues have been resolved;
• the parties agreed in writing who will pay costs;
• the amount of costs has not been agreed;
• and no substantive proceedings have already been commenced.

The claimant normally uses the Part 8 procedure under CPR 46.14. Before issuing, the solicitor should confirm:

• liability for costs is agreed in writing;
• the settlement is not global inclusive of costs;
• no substantive proceedings were issued;
• the correct parties are named;
• the settlement documents are available;
• the bill is ready;
• attempts have been made to resolve the amount;
• the correct court has been selected;
• the correct issue fee is paid;
• the costs of issuing are commercially justified.

From 13 July 2026, subject to approval, the relevant fee will be £69.

Should Firms Issue Before 13 July to Save £2?

Not simply to avoid the increase. A costs-only claim should not be issued prematurely to save £2. Before issue, the file should be procedurally and evidentially ready. Premature issue could create far greater costs risk than the small difference in the court fee. The relevant considerations remain:

• whether the defendant has had a reasonable opportunity to engage;
• whether the costs agreement is sufficiently clear;
• whether the bill has been prepared properly;
• whether a final warning has been sent;
• and whether issuing is proportionate.

The fee change should affect administrative planning, not legal judgment.

Are the Increased Court Fees Recoverable?

Payment of a court fee does not automatically guarantee recovery from the other party. Recoverability will depend on:

• the costs order;
• the procedural route;
• the outcome of the application or proceedings;
• the applicable costs regime;
• reasonableness;
• proportionality;
• and any assessment by the court.

Where the fee was properly and reasonably incurred, it should be recorded clearly as a disbursement or costs item within the appropriate claim for costs. Claimant firms should retain proof of payment, the relevant application or request, the court receipt, the order made and the date the fee was incurred. Where an application is unsuccessful or no favourable costs order is made, recovery may not follow.

Do the Fee Rises Increase Fixed Recoverable Costs or Guideline Hourly Rates?

No automatic uplift follows from this announcement. The Ministry of Justice announcement concerns court and tribunal fees. It does not, by itself:

• increase Guideline Hourly Rates;
• alter fixed recoverable costs tables;
• increase recoverable solicitor charges;
• change the proportionality test;
• or amend the basis of assessment.

This distinction is commercially important. The cost of taking a procedural step may rise while the recoverable legal costs available in a fixed or capped regime remain unchanged. Firms should therefore avoid treating the court fee announcement as a general increase in recoverable costs. (See our guide to the Guideline Hourly Rates 2026.)

Why Small Fee Changes Still Matter

Many of the individual increases appear minor — £67 to £69, £80 to £82, £123 to £126, or £148 to £152. But errors create practical problems. Paying an outdated amount may result in:

• rejection of an application;
• a request for an additional payment;
• issue being delayed;
• a deadline being placed at risk;
• extra correspondence;
• client frustration;
• and administrative time that may not be recoverable.

High-volume claimant firms may also incur these fees repeatedly. A £2 or £3 change across a single file is modest. Across hundreds of applications, it becomes a meaningful accounting and case-management issue.

What Claimant Firms Should Update Before 13 July 2026

• Case-management systems — update automated court fee fields, disbursement menus and workflow templates.
• Part 8 costs-only precedents — change the fee from £67 to £69 once the increase is confirmed.
• Default Costs Certificate workflows — update the civil DCC fee from £80 to £82.
• Application checklists — use the official descriptions: £321 for a general application on notice; £126 for an application by consent or without notice.
• Fixed costs determination templates — update the proposed fee to £408.
• Court of Protection costs schedules — update all three distinct fees and avoid confusing an appeal with a DCC set-aside application.
• Costs advice and client reporting — make sure estimates and advice letters use the correct fee applicable when the step will be taken.
• Legal cashier guidance — finance teams should receive a confirmed fee table before commencement.
• Disbursement ledgers — record the actual fee paid rather than relying on an old standard amount.
• Website and client resources — any published court fee guides should be updated once parliamentary approval is confirmed.

Correct Terminology Matters

Circulated summaries often simplify the official wording. That can be useful for quick reference, but it may also introduce errors. For example:

• “general application without consent” is not the official label for the £313 fee;
• the proper wording is a general application on notice;
• the lower fee is for an application by consent or without notice;
• and £79 to £81 relates to a Court of Protection costs appeal, not a second DCC set-aside fee.

When preparing applications, firms should use the official HMCTS wording rather than relying solely on social media summaries.

What Does This Mean for Housing Disrepair Costs?

Housing Disrepair costs drafting firms may encounter the new fees where:

• a pre-issue claim settles with costs to be assessed if not agreed;
• costs-only proceedings are required under CPR 46.14;
• the defendant fails to serve Points of Dispute;
• a Default Costs Certificate is requested;
• the defendant seeks to set the certificate aside;
• or a general application becomes necessary.

The rises are not large enough to change the fundamental costs strategy. However, firms should ensure that the Part 8 fee is updated, the correct DCC fee is claimed, application fees are recorded, settlement offers account for incurred disbursements, and the latest fee is used on the filing date. (See the Housing Disrepair Points of Dispute we regularly answer.)

What Does This Mean for MoD NIHL Costs?

Many MoD NIHL claims settle before substantive proceedings are issued. Where the Ministry of Defence agrees to pay reasonable costs but the amount remains unresolved, claimant firms may consider costs-only proceedings. The proposed Part 8 issue fee will increase to £69. The commercial decision to issue should still be based on the bill value, the offer received, the gap between the parties, the strength of the costs entitlement, proportionality, and whether the MoD has been given a reasonable opportunity to engage. The £2 increase should not drive the strategy, but the correct fee must be used. (See our MoD NIHL costs drafting service.)

What Does This Mean for Clinical Negligence Costs?

Clinical negligence costs drafting disputes may involve substantial bills, general applications, detailed assessment, costs appeals, and Court of Protection costs where a protected party is involved. The most relevant increases may therefore include:

• £321 for an on-notice application;
• £126 for an application by consent or without notice;
• £290 for a civil detailed assessment appeal;
• and the revised Court of Protection costs fees.

Expert-heavy clinical negligence bills should also record all court fees accurately alongside medical and other disbursements.

Does Help With Fees Remain Available?

Yes. The Ministry of Justice has confirmed that the Help with Fees remission scheme will remain available to people with lower financial means who cannot afford the relevant court or tribunal fee. Eligibility and applications should be checked against the current official guidance. Solicitor firms should not assume that every claimant qualifies. The required financial information and supporting evidence must be obtained where an application is made.

Practical Costs Checklist

Before taking a court step on or after 13 July 2026:

• confirm parliamentary approval;
• check the final commencement date;
• review the updated EX50 or EX50A;
• identify the correct fee number;
• use the official description of the application;
• confirm whether the matter is civil, family or Court of Protection;
• check whether Help with Fees applies;
• pay the fee in force on the filing date;
• retain proof of payment;
• record the fee in the costs ledger;
• check whether the fee is recoverable under the relevant order;
• include it in the appropriate costs claim;
• update the client on any material change;
• avoid relying solely on an unofficial summary;
• review all internal precedents.

Costs Fee Summary for Claimant Firms

The proposed costs-related civil fees from 13 July 2026 are:

• Costs-only proceedings: £69
• General application on notice: £321
• General application by consent or without notice: £126
• Civil Default Costs Certificate: £82
• Civil detailed assessment appeal: £290
• Application to set aside a civil DCC: £152
• Fixed costs determination: £408
• Court of Protection detailed assessment request: £102
• Court of Protection costs appeal: £81
• Court of Protection DCC set-aside request: £76

All remain subject to parliamentary approval at the time of writing.

The Main Takeaways

• The changes are planned for 13 July 2026.
• They remain subject to parliamentary approval.
• The costs-only proceedings fee is due to rise from £67 to £69.
• The civil Default Costs Certificate fee is due to rise to £82.
• An on-notice general application will cost £321.
• An application by consent or without notice will cost £126.
• A civil detailed assessment appeal will cost £290.
• A civil DCC set-aside application will cost £152.
• A fixed costs determination will cost £408.
• Court of Protection assessment fees are also changing.
• The £79 to £81 change is for a Court of Protection costs appeal.
• Firms should update systems and precedents before commencement.
• The announcement does not automatically increase FRC or GHR.
• The correct fee must be checked at the point of filing.

How DMD Costs Can Help

DMD Costs assists claimant solicitor firms with costs recovery from bill preparation through to settlement and detailed assessment. We can assist with:

• bills of costs;
• Precedent S electronic bills;
• N252 and Notice of Commencement;
• CPR 46.14 costs-only proceedings;
• Default Costs Certificate issues;
• fixed costs determinations;
• Points of Dispute;
• Replies;
• detailed assessment preparation;
• Housing Disrepair costs;
• MoD NIHL costs;
• clinical negligence costs;
• and settlement-led negotiation.

Where costs have settled in principle but the paying party is delaying or making an unrealistic offer, send us your costs file — the settlement agreement, the bill, costs correspondence, offers, Points of Dispute and relevant court documents. We will review the costs position and help identify the most commercial next step.

Note: the fees in this article are proposed and remain subject to parliamentary approval. This article should be reviewed on or shortly before 13 July 2026 to confirm the final fees have taken effect.