Council tax liability order: the 50p court fee is not the whole costs test

In briefThe HMCTS fee for a council-tax liability-order application is currently 50p per defendant. That does not mean every council charge above 50p is unlawful. Regulation 34 separately permits costs reasonably incurred by the authority at the relevant statutory stage.

Why the old “£3 liability order fee” wording is out of date

The historic £3 court-fee figure is no longer current. HMCTS fee 4.1 is now 50p for a council-tax liability-order application. Councils commonly add their own summons and liability-order costs, which must satisfy Regulation 34 rather than being limited to the 50p HMCTS fee.

What can be challenged?

The proper challenge is whether the council's amount was actually and reasonably incurred, causally connected with the relevant step, allocated rationally and charged at the correct stage. Nicolson is central to the evidential quality required; Morley is particularly important where a standard summons-stage demand included later hearing costs not yet incurred.

Want to check or reclaim what you paid?

Use the dedicated guide and free evidence-led recovery pack. It is designed to obtain the council's cost model, stage split, staff and external expenditure evidence, and aggregate reconciliation before deciding what - if anything - should be reclaimed.

Reclaim council tax liability order fees - free pack

Official and case-law sources

See the current HMCTS Magistrates' Courts Fees, regulation 34, Nicolson [2015] and Morley [2025].

Updated 7 September 2026.