Application For Waiver Of Court Fees And Costs Template for England and Wales

An Application For Waiver Of Court Fees And Costs is your pathway to accessing justice when financial constraints might otherwise prevent you from pursuing legal proceedings. Under England and Wales law, this document enables you to request full or partial remission of court fees through HMCTS's Help with Fees scheme, ensuring that your legal rights remain protected regardless of your financial circumstances.

When do you need this document?

You need this application when initiating any court proceedings where fees are required but your financial situation makes payment difficult or impossible. This includes starting a civil claim, responding to legal action, applying for divorce or family proceedings, or seeking judicial review. The document is essential when your monthly income falls below certain thresholds, when you receive qualifying benefits such as Universal Credit or Income Support, or when you have limited savings that don't exceed the prescribed limits. You'll also need this application if you're facing enforcement proceedings and cannot afford the associated court fees, or when appealing a court decision where appeal fees apply.

Key legal considerations

Your application must include accurate financial information as false declarations constitute contempt of court under the Civil Procedure Rules. You're required to provide comprehensive details about your income, including employment earnings, benefits, pensions, and any other financial support. The court will assess your savings and capital, with specific thresholds determining eligibility for fee remission. You must disclose all bank accounts, investments, and valuable assets, though certain items like your primary residence may be exempt from consideration. The application requires supporting documentation such as bank statements, benefit letters, or payslips to verify your financial circumstances. Remember that your financial situation will be reviewed against current HMCTS criteria, and you may be granted full remission, partial remission, or no assistance depending on your circumstances.

Legal requirements in England and Wales

Under the Courts Act 2003 and Civil Procedure Rules, your application must be submitted using the correct HMCTS form, typically Form EX160. The court has statutory discretion to waive fees based on your financial circumstances and the criteria established in Practice Direction 44. You must demonstrate that paying the full fee would cause you exceptional hardship or that your income and capital fall below the prescribed thresholds. England and Wales courts operate under specific fee schedules outlined in the Court Fees Orders, which determine the amounts you can seek to have waived. Your application will be assessed against current income and capital limits, which are regularly updated by HMCTS. If your circumstances change after submitting your application, you have a legal duty to inform the court, as this may affect your eligibility for fee remission.