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Civil court fees package balances taxpayers'' interest and access to justice.

Publication: M2 Presswire
Publication Date: 30-NOV-04
Format: Online
Delivery: Immediate Online Access

Article Excerpt
M2 PRESSWIRE-30 November 2004-UK Government: Civil court fees package balances taxpayers' interest and access to justice(C)1994-2004 M2 COMMUNICATIONS LTD

RDATE:11302004

The new fees for civil courts in England and Wales, set to take effect on 4 January 2005, reflect the Government commitment to balancing access to justice with the interests of the taxpayer.

There are no plans to move to full cost recovery in certain areas of family proceedings, such as a child's contact order, whereas fees for civil claims over GBP50,000 will increase.

Courts Minister Christopher Leslie said:

"Civil court fees were last increased in April 2003. The new fees reflect the comments that have been made in the consultation process and the well-established principle of balancing access to justice with the cost of recovering the service cost.

"We have increased fees for the higher value claims to reflect the more complex and costly work needed for High Court cases. However, this will not impact on the vast majority of civil court users. Of the total money claims issued through the bulk centre 83 per cent did not exceed GBP50,000 in value.

"We are committed to helping the most vulnerable in our society access justice. That is why there are no plans to move to full cost recovery in certain areas of family proceedings. People on specific means tested benefits will continue to be exempted from paying fees and reduction of fees remains available for those who would otherwise suffer financial hardship in bringing necessary legal proceedings."

Some changes have been made to the original proposals outlined in May 2004. These are:

* Hourly trial fee: This will be introduced in April 2005 to allow time to agree the procedures in the High Court and the Court of Appeal.

* Judicial reviews: A fee of GBP50, rather than GBP30, will be payable when an application for permission is made, whereas a fee of GBP180 is payable if the judicial review is successful.

* Fee for foreign process: This will be deferred pending the outcome of a review.

* Personal injury claims: The proposal to increase the fee per claimant has been deferred.

* Maximum fee where interest not quantified: The proposal for charging the maximum fee where interest has not been quantified will not proceed

Notes to Editors 1. The Civil Proceedings Fees Order 2004 [SI 2004/3121 (L.23)] replaces both the Supreme Court Fees Order 1999 [SI 1999/687] and the County Court Fees Order 1999 [SI 1999/689] with a combined Civil Proceedings Fees Order.

2. References in the fee list to the Supreme Court relate to proceedings in the High Court and the Court of Appeal, as covered in the Civil Proceedings Fees Order 2004. They do not relate to the proposed Supreme Court to replace the judicial work of the House of Lords, which is currently...

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