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The Legal Week.co.uk

Court costs could become a barrier to justice - claim

Posted by Vicky Anderson on September 11, 2007 4:35 PM | 

LIVERPOOL’S legal community has spoken out against Government increases in court costs that could impact on the number of cases brought to court.
Although costs rise annually, leading lawyers have said forthcoming rises are about to “tip the scales� with an increase so large it could prevent access to justice for many people.

The new costs come into effect from October 1.
City solicitor Rex Makin called the rises outrageous.
He said: “This is a stealth tax, at a time when the court system is running in surplus of £30m. Justice is supposed to be free for all.

“This increase penalises people for no good reason.
“They haven’t just nudged the scales as they have been doing for years, they have tipped them.�

Law Society president Donal Bannon said there were serious concerns on the impact such increases will have, both for the public and the legal profession.
“There has been a number of increases in recent years and it is something we have been very concerned about.

“It could have a direct impact on access to justice among those people who are not qualified for waivered fees, yet are not terribly wealthy, who will still have to contribute quite considerable court fees.

“Anyone thinking about bringing proceedings or defending will have to think long and hard about whether to take the matter to court.

“People will be terrified of the costs involved. A considerable injustice is being done. The court system is the only public organisation that the public is expected to pay for,� he said.

The Daily Post understands that from October claims of more than £1,500 but less than £3,000 will face an increase in costs from £495 to £885.

Claims between £3,000 and £5,000 will cost an extra £908; between £5,000 and £15,000 will go up from £625 to £1,025; and those between £15,000 and £50,000 will rise to £1,600.

Other increases include applications for costs going up from £65 to £75, and consent orders going up from £5 to £40.

A spokesperson for Her Majesty’s Court System said the new system would be “fairer and more transparent� as it would more easily identify those unable to pay court costs.

Those who begin their claims online will save money, he added.

“Around 86% to 90% of civil cases do not go to a hearing and are settled out of court. Those people will benefit, as up-front fees are being reduced. Fees further along the line will reflect those changes.�

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