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Wish it were otherwise but the Courts central analysis, on the question of effectiveness, is difficult to say is wrong. The ECHR caselaw on court fees shows that only engages if it's excessively difficult to afford them. Like the High Court, the CA held it hadn't been proven on the evidence that potential claimants were unable rather than unwilling to pay. What Unison need in the Supreme Court is some strong evidence of real and typical situations. Their difficultly is they probably can't admit new evidence, but they might be able to reintroduce their examples of hypothetical claimants. I note the CA said " I see no reason in principle why well-constructed cases of notional individuals could not be used to assist in proving that the fees would be realistically unaffordable for at least some typical claimants. " However there are so many other obstacles to winning that unless the Supreme Court are in the mood to shake things up, very much doubt Unison will win. Unfortunately.