Senior members of the judiciary have harshly criticised the government with regard to increases in court fees. These increases, the judges feel along with many other parties, represent a serious mistake and are having a profound negative impact on the UK’s justice system.
Lord Dyson, Master of the Rolls, led the verbal attach and was supported by Sir Ernest Ryder and Sir James Munby. Appearing before the House of Commons’ justice committee, Dyson said that the increased fees were impeding the ability of many parties to receive justice under UK law.
“Ordinary people,” Dyson said, were being put off of taking their cases to court by the fees and this left them unable to uphold their rights under the law. Furthermore, it is not just individuals affected in this way, Dyson said, but also small and medium-sized businesses. These are exactly the kind of businesses, he pointed out, that “this government says time and time again they want to encourage.” In light of this, the introduction of a measure that keeps these businesses from upholding their legal rights seems like an especially momentous blunder.
Dyson was then asked about government claims that requiring lawyers and insurers to pay such fees up front would provide an effective safeguard. He responded: “They say that, but what is the research upon which that is based? I have not seen any.”
Lord Dyson also criticised the view taken by the Ministry of Justice ahead of the implementation of the fee increases with regards to demand. The Ministry believed that an increase in fees would not significantly harm demand, which Dyson called “an assumption [with a] very limited evidential base.” He went on to say that he had been “extremely sceptical” about this opinion.
The research carried out before the fee increases were implemented was something Dyson criticised especially harshly, describing it as “hopeless.” There was very little done, he said, beyond the making of 31 phone calls to various parties with an interest in the issue, and the judiciary had warned the government about the “real dangers” of putting up fees in the civil courts but had gone unheeded.
Sir Ernest Ryder added that, following the introduction of the reforms, employment tribunal cases had fallen by 70%. Sir James Munby, meanwhile, was critical of the increases in fees for divorce cases, which he said hit were hitting women disproportionately hard and effectively made for “another poll tax on wheels.”