The Ministry of Justice has said it will create a scheme for claimants who have overpaid court fees. If your claim proceeds through the online Claims Portal (as most injury claims for less than £25,000 will) and you cannot reach a settlement you proceed to what is called Stage 3. This involves issuing a Part 8 Claim Form. The standard court fee for this form is currently £308 but if the claim is worth less than £5,000 then a lower fee would normally be payable (you or your solicitor would need to check the appropriate fee at the time it would have been paid).
When you settle a claim for a child (someone of less than 18 years of age) the same principle would apply, you have to issue a Part 8 claim for the court to approve the settlement. Often again, the standard fee of £308 would have been paid and again if the claim is worth less than £5,000 a lower fee should have been payable.
Claims worth between £1,500 and £3,000 should have a £115 court issue fee so a payment of £308 is £193 too much.
Claims worth between £3,000 and £5,000 should have a £205 court issue fee so a payment of £308 is £103 too much.
The scheme has not so far appeared in any form but it is worth writing to the court where you paid your fee to ask for a refund of the overpayment.