Personal injury claims must be exempt from higher court fees, says FOIL

The Forum of Insurance Lawyers (FOIL) has said that personal injury claims must be ring-fenced from any further increases in court fees.

In its response to an Ministry of Justice (MOJ) consultation on court fees, the body has said that it is critical that the Government sticks to its original stance in the consultation document on PI claimants. This recognises that personal injury claimants do not fit into the category of “large multi-national companies and wealthy individuals” that can afford higher fees.

“A personal injury claimant bringing a claim for more than £200,000 will almost inevitably have suffered a life-changing injury and a loss of income and, even with remission of fees, any further increase in court fees is likely to have a severe impact on their access to justice,” said FOIL.

The body also said that increasing court fees in personal injury cases could backfire on the Government with the cost in successful cases often falling on national and local government in its role as a major compensator.

FOIL also repeated its opposition to court fees rises in its response, backing widespread concerns about what higher court fees would mean for access to justice, smaller businesses, and delays and poor service in courts. It also said that it could undermine London as an international legal centre.

Mark Dugdale