Overview of the Consultation and Government Proposals

The government has proposed periodic increases in court fees to reflect the rising costs to Her Majesty's Courts and Tribunals Service (HMCTS) due to inflation and other price changes. The consultation suggests a 10% hike in up to 202 fees, which it seeks to justify as a partial reflection of the Consumer Price Index (CPI) increases from March 2021.

Additionally, there's a proposal for more regular, smaller inflation and cost-based increases every two years, moving away from less frequent but more substantial ad-hoc changes.

Periodic Increases to Reflect Rising Costs

In its response, Thompsons strongly disagrees that users should fully fund court fees. The firm argues that this approach would negatively impact access to justice, especially amid the financial pressures many individuals face today.

It highlights the government's failure to increase fixed recoverable costs for personal injury claims since 2013 despite significant inflation over the same period. Thompsons insists that if HMCTS is subject to fee increases due to rising costs, the same principle should apply to fixed recoverable costs for legal services.

The 10% Fee Increase

The firm also voices its opposition to any fee increase, asserting it would further hinder access to justice. With already high fees, often poor service, and delays in the civil courts, Thompsons argues that additional fees would exacerbate the challenges claimants face, prolonging their wait for resolution and fee recovery.

Exemptions to the 10% Increases

Thompsons also suggests that certain fees, especially those likely to affect individuals with limited resources, should not be increased. This includes fees in the Magistrates Court, Court of Protection matters, and judicial review proceedings. The firm emphasises the detrimental impact on access to justice, particularly for those already struggling with the cost of living.

Regular Incremental Increases

Thompsons also states it does not support regular, incremental fee increases without considering broader economic factors. They argue that continuous fee hikes, unaccompanied by equivalent increases in users' disposable incomes, will diminish access to justice. The firm also reiterates the need for a similar approach to increasing fixed recoverable costs.

Equality Impacts

Thompsons expresses deep concern over the impact of the fee increases on equality, especially on individuals with protected characteristics. They note that increased fees for the Court of Protection would directly affect disabled individuals' funds, which are often already stretched thin for essential care and quality of life. The firm acknowledges the Help With Fees Scheme but stresses that it's often the most vulnerable who are most in need of court access, and these fee increases will disproportionately affect them during a cost of living crisis.

Henrietta Phillips, head of legal services at Thompsons Solicitors, said:

“Thompsons Solicitors stands firmly against the proposed increases in court and tribunal fees, highlighting the potential detrimental effects on access to justice, especially for the most vulnerable in society.

“We are calling for a more equitable approach to funding the court system, one that considers the wider economic context and the financial realities faced by those seeking justice. As this consultation unfolds, Thompsons remains committed to advocating for the rights and needs of its clients, ensuring their voices are heard in this significant debate.”