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From para 87 of the Supreme Court decision on ET fees: "It follows from the authorities cited that the Fees Order will be ultra vires if there is a real risk that persons will effectively be prevented from having access to justice."

In the ET case the Court placed great weight on the "sharp, substantial and sustained fall in the volume of [cases]". One can well imagine what the statistics will look like if the SCT limit is moved up to £5,000 and thereafter what the Supreme Court would have to say about the decision.

Having just re-read the relevant sections of the judgment, I simply cannot see how this proposed step would survive a trip to the Supreme Court.

Doesn't the Government have any legal advisers? What is it going to cost in damages payable by Government to disenfranchised injured parties once it has been determined that this step was ultra vires ab initio? What a mess that will be to clear up! It will make the need to repay illegal ET fees look like a walk in the park. It will be an unmitigated omnishambles trying to identify all the potential claimants to be added to the group action.