Written by Ariana Charlton, Law Student

We recently had a client who was being sued by a company for a bogus claim, valued at nearly £200,000, which is the value of the flat that the client lives in. In order for the client to properly defend himself in court against this claim, the client would have to file a counterclaim against the claimant for unjust enrichment and restitution; the value of this counterclaim would be approximately £80,000.

Under the Statutory Instruments, known as Fees Orders, updated in May 2024, the client would have to pay a court fee of £4,000 in order to file the counterclaim. The client has no assets or savings, other than the property where he resides, and is unemployed.

What can the client do?

We advised the client to get help with fees and we filled out the application for him online, and obtained a reference number, which my supervisor called, The Golden Ticket.

Applying for Help with Fees can be simple, as long as you meet the eligibility criteria for the scheme. You can apply at the same time as you file the court or tribunal application, or you can apply for Help with Fees after submitting the application to the court.

The criteria are as follows: if you have little or no savings or investments, if your income is below £1,420 if you’re single and £2,130 if you have a partner, or if you are in receipt of benefits as long as your savings and investment falls below the threshold. The threshold will determine how much of the court fees will be paid for you. Other considerations for eligibility are your age, if you have a partner and your partner’s age.

In conclusion, help with fees was a life saver, and without it, our client would not have been able to file his counterclaim.

Our mediators and legal advisors can help you apply for Help with Fees and send your application to the court. Our services are useful in saving you hundreds of pounds and resolving your disputes by mutual agreement without the need to attend court.

For more information on our mediation and dispute resolution services, call us on 01908-760298 or email us at info@bradyharvey.com.

Written by Ariana Charlton, Legal Assistant at Brady Harvey Legal, Law Student at Northampton University.