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Returning fees unlawfully levied is easy. What about the litigants who were deterred from pursuing their rights by the fees? They must have a potential cause of action against the government. If access to justice is a personal right then it's breach must have a personal remedy.
I suggest that all those who went through ACAS mandatory conciliation but did not settle or issue a claim should now consider issuing a claim and asking for leave to do so out of time on the grounds that the fees deterred them. I very much doubt that the tribunals will accede to such applications. This will leave them with a clear run against the government on the basis of a lost chance.
I do recommend that every professional lawyer reads Para 68. It reminds us why we matter.

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