Can you claim back court fees if you win?
Yes, in most cases. If you win, the court will normally order the defendant to reimburse your small claims court fees on top of the amount they owe you. That covers both the issue fee you paid to file and the hearing fee, if your case got that far.
Costs recovery on the small claims track is deliberately limited, and this is where the track differs most from the fast and multi-tracks. You can recover court fees and fixed commencement costs, plus limited expenses such as travel to the hearing and loss of earnings up to a capped daily amount. What you cannot recover is general legal costs, so solicitor’s fees for preparing and running the case stay with you whatever the outcome. The main exception is where the other side has behaved unreasonably, which gives the court discretion to award further costs against them.
There is a difference between winning an order for your fees and actually receiving the money. A judgment tells the defendant to pay. It does not make them pay. If they ignore it, you will need to use enforcement methods, each of which carries its own fee on top of what you have already spent.
Who pays court fees in small claims?
The claimant pays upfront. You settle the issue fee at the point of filing, before anyone has looked at the merits of your claim, and the hearing fee later if the case does not settle first. Whether you get that money back depends on the outcome, so the initial cost sits with you regardless of how strong your position is.
If the defendant files a counterclaim, they pay their own court fees based on the value of what they are claiming from you. Beyond that, each party covers their own costs and fees unless the court orders otherwise.
Where several people are bringing the same claim together, the fee is based on the total amount claimed, not multiplied per claimant. If paying upfront is the obstacle, check whether you qualify for Help with Fees before you file rather than after.
MCOL Fees vs Paper Filing
Money Claim Online (MCOL) and its replacement, Civil Money Claims, are HMCTS online services for issuing county court claims electronically instead of posting a paper N1 form. Here is how the two routes compare:
| |
Online (MCOL / Civil Money Claims) |
Paper filing (Form N1) |
| How you file |
Through the HMCTS online portal |
Printed form, posted or filed in person |
| Payment method |
Debit or credit card |
Cheque or postal order |
| Processing time |
Faster, claim number issued immediately |
Slower, subject to postal and court admin delays |
| Claim value limit |
Up to £100,000 for fixed-amount claims |
No upper limit |
| Claim types accepted |
Specified (fixed) money claims only |
Specified and unspecified claims |
| Defendant location |
Must have an address in England or Wales |
Wider range of defendants accepted |
| Court fee |
Set by the EX50 schedule |
Set by the EX50 schedule |
| Tracking progress |
Online, view claim status any time |
By post or by phoning the court |
How to Reduce Court Fees? Follow Steps
If you are on a low income or receiving certain benefits, the Help with Fees on GOV.UK scheme can reduce your court fees or waive them completely. Here is how to apply.
Step 1: Check whether you qualify before you file
Eligibility turns on three things: the savings and investments you hold, your monthly income, and whether you receive a qualifying benefit. Qualifying benefits include Universal Credit, Income Support, income-based Jobseeker’s Allowance, income-related Employment and Support Allowance, and the guarantee credit element of Pension Credit. Check this first, because the timing of your application matters at step 3.
Step 2: Gather your supporting information
You will need evidence of your income, details of any savings and investments, and proof of any qualifying benefit you receive. Having this ready avoids the court coming back for it and holding up your claim.
Step 3: Apply at the same time as issuing your claim
The application is form EX160, submitted online or on paper alongside your claim. Do not pay the fee first and seek a refund afterwards. Refunds are possible in limited circumstances if you apply within three months of paying, but that route is slower and less certain than having the remission granted upfront.
Step 4: Pay the balance if you receive partial remission
A successful application does not always mean paying nothing. If the scheme covers part of your fee, you pay the difference between that and the full amount. If it covers the fee in full, the court processes your claim without any payment from you.
Step 5: Apply again when the hearing fee falls due
Help with Fees applies to the hearing fee as well as the issue fee, but the two are separate applications. If your case does not settle and a hearing fee becomes payable, submit a fresh EX160 at that point rather than assuming your earlier remission carries over.
What happens if the defendant doesn’t pay?
Winning a judgment does not guarantee payment. If the defendant does not pay voluntarily, you can apply to enforce, and the method you choose should depend on what you actually know about their finances.
If you know where they bank, work, or live, you can go straight to the matching enforcement route. If you know none of those things, an order to obtain information (£69) is usually the cheapest starting point. It requires the debtor to attend court and disclose their financial position under oath, which tells you which of the options below is worth paying for.
The main enforcement methods are:
- Warrant of control (£96): the most commonly used route. County court bailiff fees for a warrant cover bailiffs attending the debtor’s address to collect payment or seize goods for sale. Most effective where the debtor has assets at a known address.
- Attachment of earnings (£139): payments deducted directly from the debtor’s wages by their employer. Only works where the debtor is in employment, so it is no use against someone self-employed or out of work.
- Third party debt order (£139): freezes money in the debtor’s bank account to pay the judgment. Effective only if there are funds in the account at the moment it is frozen, so timing matters.
- Charging order (£139): secures the debt against the debtor’s property. This does not produce cash straight away. It means you are paid when the property is sold, unless you make a separate application for an order for sale.
Each method carries its own application fee, and you can use more than one if the first does not recover the full amount. The calculator above includes the warrant of control fee (£96), as the most commonly used option.
One further point on cost recovery: enforcement fees are generally added to the judgment debt, so the debtor bears them if enforcement succeeds. If it does not, you have spent the fee with nothing to show for it. That risk is the reason the order to obtain information is often worth the £69 before committing to a more expensive route.
Disclaimer:
This is an estimate, not a quote. Figures are based on the HMCTS EX50 and EX50A fee schedules, last verified July 2026. Court fees change, and the fees you actually pay will depend on how your claim progresses. Check the current HMCTS guidance before you file.
