CAS responded to the Scottish Government consultation on the proposal to increase all Scottish court fees by 3% from 1 April 2026, followed by a further 3% increase from 1 April 2027. 

Key points: 

• Citizens Advice Scotland remains opposed to any increase in court fees; we reiterate that no-one should be excluded from accessing justice on grounds of cost. Enabling everyone to protect and enforce their rights by seeking resolution before independent courts where necessary constitutes an essential component of the rule of law, which benefits society as whole. The constitutional right of access to the courts for all can therefore not simply be reduced to the potential benefit for the individual court user who should pay to use it. 
• Therefore, any (uprating of) court fees should be assessed against the real risk that people could effectively be prevented from having access to justice. Whether an increase across all court fees in Scotland is realistically affordable for all, must be considered in the context of significant inflationary pressures and the current cost of living crisis which continues to negatively affect the great majority of people in Scotland, even though unevenly.