The government has confirmed increases in court fees for divorce proceedings, possession claims, and general applications in civil proceedings and announced a new consultation on further hikes.
This means that fees will increase: from £280 to £355 for issuing a possession claim in the county court; from £50 to £100 for general applications in civil proceedings for an application by consent and from £155 to £255, for a contested application (extensions to vary or extend an injunction for protection from harassment or violence are excluded); and from £410 to £550 for issuing divorce proceedings (with fee remission for those who need it, such as women in low wage households).
The government is banking on these measures raising c£60m in additional income each year, while future hikes—including: an increase in the maximum fee for money claims from £10,000 to at least £20,000; introducing or increasing fees for certain tribunals; and a general uplift of 10% to a wide range of fees in civil proceedings— expected to rake in an additional £48m.
Law Society president Jonathan Smithers fears the latest proposals will increase fees by up to 1,320% for some cases: “They will deny individuals and small businesses access to justice, crippling them when trying to recover monies owed to them:
"All civil cases, from those filing for divorce to landlords needing their property back are affected by these latest punitive increases which are tantamount to selling justice like a commodity, leaving it out of reach for many ordinary people. This will only serve to widen the access to justice gap in our two tier justice system,” Smithers says.
However the government says it has to look to those who use the system to contribute more where they can afford to do so. Courts' Minister Shailesh Vara says: "We recognise that fee increases are not popular but they are necessary if we are to deliver our promises to fix the economy and bring the nation into surplus. At every stage we have sought to protect the most vulnerable by ensuring they will not have to pay new and higher fees and by making the remissions scheme more generous.”
Full details are set out in the consultation paper which closes on 15 September 2015.
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