Hikes in court fees will only serve to undermine access to justice, says Jon Robins
It’s easy to characterise the access to justice debate as being all about the problems bedevilling legal aid. But that, of course, isn’t the whole story—far from it. HM Courts Service (HMCS) is currently consulting on the rather dry subject of court fees. Informing the Public Law Family Fees Consultation Paper is a superficially attractive argument that the courts should pay their own way. This isn’t an unreasonable proposition, surely? If the Halifax Building Society wants to repossess your house, why shouldn’t they pay up front for the privilege? Childcare proceedings cost the courts a whopping £35m and the government is proposing that social services departments meet the “full cost” through court fees of £4,000 (currently, only £150) and £4,825 if a case goes to a full hearing.
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