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16 December 2016 / Peter Thompson KC
Issue: 7727 / Categories: Opinion , Legal services , Profession
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The right to be heard

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Peter Thompson QC contends that setting aside a default judgment should be a free service

The right to be heard. It is older than the Human Rights Act and older than the Convention. It goes back to the days when lawyers spoke Latin: audi alteram partem. It is one of the twin pillars of natural justice that are now incorporated in Art 6 of the Convention and in our black letter law: “In the determination of his civil rights…everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.”

So what about court fees? Should the right to a fair and public hearing mean that access to the courts and tribunals should be free at the point of use, like other public services? This is the case in the social security and child support tribunals; and the recent introduction of hefty fees for access to the employment tribunals as well as a major hike in court fees has been

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NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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