Court fee increases making ordinary people's legal rights 'meaningless'
The Law Society is concerned that the government is proposing further court fee increases when hikes introduced just six months ago have failed to deliver any tangible improvements in the court service or helped to protect access to justice.
Law Society president Jonathan Smithers said: "There has been no assessment of the impact of increases, just six months ago, of more than 600 per cent. Raising the fees further may render ordinary people's legal rights meaningless because they simply would not be able to afford to enforce them.
"It is wrong in principle for the courts to make a profit for government. Our members have told us that the government's fee increases will stop people being able to bring legitimate cases, particularly people on lower incomes."
In addition, the Law Society reiterated its concerns for higher fees for divorce claims. The estimated cost of such proceedings to the courts, according to the Ministry of Justice's own figures is £270, but the government proposes to charge £550.
Jonathan Smithers said: "It is disappointing that the government is seeking to gain from the misfortune of people who are going through the difficult circumstances of divorce. "
In its response, the Law Society also commented on the impact that could be felt by:
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homeowners trying to resolve disputes: for example, in construction disputes the value of the claims involved can be significant and the claim affecting the only valuable asset that homeowners have.
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taxpayers: taxpayers have a statutory right of appeal against demands for tax. By introducing fees, the government is effectively attempting to implement a financial penalty for exercising a statutory right of appeal against its own tax demand.
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people harmed by the NHS: many complex clinical negligence claims, particularly birth accidents, are high value. Further increases will limit the ability of those harmed to seek compensation for the harm they have suffered.
immigration and asylum claims: high fees will mean families cannot afford to challenge refusal of leave to remain and other proceedings, which could lead to their being separated.
Concerns remain on the impact of court fee increases on small businesses.
Jonathan Smithers said: "Small and medium sized businesses are also likely to be disproportionately affected by the government's proposals. Doubling some fees to £20,000 would price small businesses out of exercising their legal rights, forcing some into insolvency as they have no way of recovering debts they are rightly owed.
"Higher fees for intellectual property claims directly oppose the aims of the Intellectual Property Enterprise Court, namely to offer a less costly and less complex alternative to the High Court and Patents Court."
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The Ministry of Justice has responded to the Law Society's concerns saying 'every pound' will be used to provide an 'efficient and effective system of courts and tribunals.' Read the full response here.
