With January 2024 comes new applications and/or proceedings being issued. This means law firms and their staff will be looking to make new help with fee/court fee remission applications on behalf of their clients.
What some may not have realised is that there is a new EX160 for applications to be made or fees are paid on or after the 27th November 2023. This is a brief post to show what the difference is with the new application form.
A legal representative can apply on behalf of the Claimant
This may be the most important change that has happened.
Now a legal representative can sign the EX160 on behalf of the Claimant. Gone are the days of having to rely on the Claimant or Litigation Friend to return the signed copy (or complete the electronic copy). However there is a clear warning to those who complete the EX160 on behalf of the Claimant:-
The applicant believes that their current financial circumstances mean that they may be entitled to help with fees. The applicant declares that the information they have given on this form is correct and complete. The applicant understands that if they have given false information, criminal or civil proceedings may be brought against them. The applicant understands that if they have given false information or they do not provide evidence of the information given in this form if requested, this application may be rejected and the full fee will be payable.
Personally, unless you have written assurances from the client that the information provided is accurate (like with signing pleadings on behalf of a client) I would not be signing for the ramifications if wrong would be bad for your client who could be accused of fraud.
Income information
Rather than completing the various income boxes with each type of figure for the applicant and their partner, there is now a tick box information.
You will still complete a total income box. You are specifically asked to confirm your last month’s wage or if it is not a common pay, three months’ based average. This will make a difference where the client has a windfall payslip on the month of the application, making it seem like they earn more than they do normally.
Savings information
The savings threshold has increased to a minimum of £4,250 (making more people eligible, but it had countered this by increasing the age consideration from 61 years of age to 66.
That is pretty much the only difference, but it will make a difference to being able to make HWF more swiftly and hopefully, a wider bracket of clients who will now be eligible for a court fee remission.
Information
AJH Advocacy Limited, a Limited Company which is regulated by the Bar Standards Boards (entity number 190758), ceases trading on the 12th January 2026.
From the 12th January 2026 and onwards, Alec Hancock will practice as a Barrister at Magdalen Chambers in Exeter. For instructions on matters on or after 12th January 2026, please contact Magdalen Chambers via clerks@magdalenchambers.co.uk or by telephone on 01392 285 200.