Report comment

This was about as popular as a badger in a cowshed when the proposed fee increases were last discussed; I can't see there being any change there now.

Although the Non-Contentious Probate Fees Order 2017 may be dormant, the Joint Committee for Statutory Instruments made very clear that for the then Justice Secretary, Liz Truss, to try to introduce a tax via s180 of Antisocial Behaviour, Crime and Policing Act 2014 was not on; "unlawful" I think was the word used. A a statutory instrument which sets a fee in excess of the cost of anything in respect of which the fee is charged may not be made unless a draft of the instrument has been laid before both Houses of Parliament and approved by a resolution of each House.

This will be a deeply unpopular move by the MoJ should they attempt to pursue this. Yes I understand that the increases would bring in an additional £300 million per year to prop up HMCTS - but this is not the way forward to find additional funding for the Courts.