Whitehall unveils court fee increases

The government revealed this week that it will plough ahead with its policy of recovering the full cost of running the court system from litigants, despite widespread concerns that it creates a vicious circle that deters people from using the courts and will only lead to further fee rises.

The new fee structure - which signifies the first increase in costs since April 2000 and follows consultation on the issue last year - means that the scale of fees will be loaded to generate greater income from claims worth more than 15,000.

Main changes will mean a rise from 500 to 700 for claims in the supreme and county courts worth between 100,000 and 150,000, and 800 for those worth more than this.

The changes will come into play on 3 April.

However, following the consultation, the government decided that it will not implement proposals to charge separate fees for multiple claims on a single claim and to increase fees in adoption cases.

The Lord Chancellor's Department said it wanted to strike a balance between recovering the cost of the service and providing access to justice, and argued that the changes would not affect the majority of court users.

Full costs recovery has provoked harsh criticism from organisations, including the Law Society, the Bar Council, Civil Justice Council (CJC) and Legal Action Group (LAG).

The CJC, headed by Master of the Rolls Lord Phillips of Worth Matravers, produced a report last year slating the policy for incurring disproportionate costs for litigants and standing in the way of access to justice (see [2002] Gazette, 28 November, 3).

Law Society chief executive Janet Paraskeva said Chancery Lane remained opposed to recovering the cost of running the civil courts through fees paid by users.

'Fees create obstacles for potential litigants, particularly those on low incomes not entitled to exemptions,' she warned.

'As fewer people use the courts, further fee rises may be required to meet the costs.

This is likely to create a vicious circle and deter more people.

This policy is a serious threat to access to justice and is undermining the positive influence of the Woolf reforms.'

LAG policy director Nony Ardill said: 'Although small changes have been made in response to the consultation, LAG still has concerns about the overall upwards drift in civil court fees - and particularly about the LCD's policy of full costs recovery.'

Paula Rohan