Scottish court fees 2024 to 2025: consultation

Section 2: Consultation – substantive proposals

18. In this section, we discuss increases which the Scottish Government considers should be applied to court fees and the reasons why it considers these increases to be appropriate.

Increase in Court Fees - Adjusting for inflation

19. Court fees in Scotland have generally been reviewed by Scottish Ministers every three years. The last full round was implemented in 2021.

20. The Office for Budget Responsibility (OBR) inflation forecasts for 2023-2026 are set out in the following table. It also shows the OBR Retail Price Index (RPI) and Consumer Price Index (CPI) forecasts as at October 2023.

21. The OBR states that “following the Russian invasion of Ukraine, we expect CPI inflation to have peaked in the fourth quarter of 2022 at its highest rate in around 40 years. The increase was driven primarily by higher gas prices feeding into sharp rises in domestic energy bills, alongside higher fuel prices and global goods inflation. Inflation is expected to fall rapidly – reaching and then oscillating around 0 per cent from mid-2024 to mid-2026 – as energy bills fall back and some global supply pressures reverse. We expect inflation to then return to the 2 per cent target by the end of the forecast as the large swings in energy prices fall out of the annual CPI calculation and output is broadly in line with the economy’s productive potential.”

22. Although it is anticipated that inflation will eventually return to around 2%, the sharp, unprecedented increase has necessarily had a bearing on SCTS finances which were already under significant pressure from the pandemic.

23. Having considered these factors, the Scottish Government proposes that there should be a 10% increase in court fee levels to reflect inflationary pressures as well as the financial pressures on SCTS in operating the courts during the COVID-19 pandemic and beyond. Subject to the results of the consultation and parliamentary approval the Scottish Government would hope to have changes into effect this summer.

24. The Scottish Government also proposes that there should be a further 10% increase on certain targeted fees in the Sheriff Court. The small number of fees chosen for a further increase will ensure that access to justice is preserved whilst recognising the impact of the current economic climate. The targeted increases would affect the following fees, currently found in schedule 2 of the current fees order:

• In commissary proceedings, receiving and examining inventory of estate. There will continue to be no fee for estates under £50,000.
• Lodging an initial writ.
• Caveats.
• Lodging of a certified copy record under the Ordinary Cause Rules.
• Lodging of a certified copy closed record under additional procedure of the Ordinary Cause Rules.
• Lodging a written motion or minute.
• Lodging an account for taxation.

Question 1

Do you agree that court fees should rise by 10% commencing 1 November 2024?

Question 2

Do you agree that there should be a further targeted 10% increase on the specified limited number of civil court fees?

Court fees – remedial amendments to the Sheriff Court Fees Order 2022

It has come to our attention that there may be an error in the Schedules to the Sheriff Court Fees Order 2022 (as amended).

Schedule 1 Paragraph 13 was inserted into Schedule 1 of the 2022 Order to bring the fees in the sheriff court into line with the Court of Session to provide for a fee where certain insolvency applications where made “out of court”. The intention was that the fee to be charged should be the same as an initial writ under para 5 of the Schedules.

However, a fee of £132 was inserted into the first column of Schedule 1 which was the previous year’s fee for an initial writ, rather than the fee of £135 (effective from 1 July 2022). This means that the fees in paras 5 and 13 are in effect out of kilter – the intention being they should be the same.

Question 3

Do you agree that the fees applicable to sheriff court insolvency applications under schedule 1 paragraph 13 should be brought in line with those charged by the Court of Session?

Fees charged under the Proceeds of Crime Act 2002

There are currently no fees charged by the accountant of court for costs incurred for the administration of accounts under the Proceeds of Crime Act 2002. There is no specific provision for such fees to be payable in the current fees order and the Scottish Government considers that it would be helpful if this were to be included. The proposed fee scale is below:

1. Registering case and receiving and delivering up bond of caution: £23

2. Examining Administrator’s inventory – 0.333% of the value of the estate as disclosed:

(a) minimum fee payable: £33

(b) maximum fee payable: £768

3. Auditing each 6 monthly account, based on estate value—

(a) £0 - £30,000: £60

(b) £30,001 - £75,000: £120

(c) £75,001 - £100,000: £150

(d) £101,001 - £150,000: £200

(f) £150,001 – £250,000: £400

(g) £250,001 and above: £550

4. Reporting with regard to discharge, or any other (special) matter not provided for in paragraphs 1 to 3 above: £59

Question 4

Do you agree with the proposal to introduce fees for the accountant of court in respect of administration of accounts under the Proceeds of Crime Act 2002?

Consultation questions

The Respondent Information Form and Consultation questions can be found in the supporting documents.