Fee hikes attacked by MPs

MPs have spoken out against fee hikes for court users in the civil and family courts and tribunals.

In a report published last week, the Justice Select Committee called on the Ministry of Justice (MoJ) to release its post-implementation review of employment tribunal fees, abandon plans to double the £10,000 cap on civil court fees, and halt plans to raise divorce fees from £410 to £550.

It noted that the introduction of issue fees and hearing fees for claimants in the employment tribunals led to a drop in the number of cases brought of nearly 70%. It said factors such as fee remission, vulnerability of claimants and equality of arms should be taken into account when setting fee rates.

Chantal-Aimee Doerries QC, Bar chairman, accused the MoJ of taking a “shot in the dark” approach to imposing court and tribunal fees.

“The committee found what we, and others (including the judiciary), had been saying all along: the MoJ’s evidence base for the charges was flimsy, and insufficient time was allowed to assess the impact of other, concurrent changes in the civil justice system. The reality is that employees, small businesses and others who may have a legitimate claim are being denied the chance to pursue it because of fees which they cannot afford.

“The MoJ now has an opportunity to learn from its mistakes and, as the Committee recommends and as we echo, hold off from its latest plans to restrict access to the Immigration & Asylum Tribunal by increasing fees by 500%.”

On the rise in divorce fees, Nigel Shepherd, chair, Resolution, says: “The committee rightly recognises that this rise effectively amounted to a new tax on divorce; and that by raising it, people were being charged around twice what it actually costs to process a divorce petition.”