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Family Solicitors

Proposed rise in court fees condemned (28 January 2014)

Date: 28/01/2014
Duncan Lewis, Family Solicitors, Proposed rise in court fees condemned

An internal government review has criticised Ministry of Justice (MoJ) plans to increase court fees in order to raise almost £200 million.

Chris Grayling, justice secretary, has backed the proposals, however the Regulatory Policy Committee (RPC), which is an independent advisory body, has rejected them as “not fit for purpose.” The changes proposed by the MoJ include increasing the costs of obtaining a divorce, and other claims in the civil courts, in order to generate additional income for Her Majesty's Courts and Tribunal Service (HMCTS).

Last year Lord Judge, who was then lord chief justice, highlighted the dangers of privatising the courts on the basis that this would undermine their independence. In a letter to Chris Grayling he outlined his concerns about privatising parts of the justice service and promoting the idea that it should be self-financing, or cross-subsidising one aspect of the service by another.

Red report

So concerned is the RPC that it has designated this report as “red.” The colour codes of RPC reports are red, amber or green and red reports are quite rare – in the past three years only 12 have been so designated. Usually they lead to a revision of proposals and are withdrawn once the department has adjusted its plans.

According to the RPC the increase in the fees being proposed by the MoJ requires clarification in terms of whether or not more funds will be raised than are actually required to cover costs, in which case the additional revenue would be subsidising other parts of the family courts service or civil judiciary system.

The impact assessment published by the MoJ in support of the proposals to raise fees was deemed to be inadequate by the RPC, as some of the plans were presented "without any supporting evidence or discussion of the risk." This is likely to be seized upon by Chris Grayling’s opponents, who have accused the justice secretary of producing proposals that lack an evidential base and require frequent revision.

Legal aid and family law

The red report is a further embarrassment for Chris Grayling, who has committed to providing substantial departmental savings and is already involved in a dispute with criminal solicitors and barristers about plans to cut the criminal legal aid bill by £220 million per annum. A recent economic assessment by the Law Society indicated that declining crime rates would save the government about £84 million by 2018-19, without the need to make any further cuts.

In defence of the proposals, Shailesh Vara, courts minister for the MoJ, explained that the intention was to properly fund “the best court system in the world” and to protect the interests of vulnerable people. For this reason fees are being kept the same for “sensitive family issues, including adoption applications and child contact” while fees are being scrapped for those applying for injunctions to protect themselves from domestic violence.

At Duncan Lewis, legal aid is available to deal with many sensitive family issues, especially those concerning children. If legal aid is not available, the company offers high quality advice and representation on a privately funded basis at competitive rates including a reduced fixed fee for divorce.


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